Notice this meeting of the board of adjustment was sent to the park press and the coar are official newspapers posted on the bullet board of municipal and posted on the burrow's website >> here >> Mr. O'Neal >> here
>> Mr. >> here >> here Mr. here. >> Now, April, there was a um some exchange about some additional verbiage that were required to say the meeting. Is that um part of what you just said or is it going to be an addition? It's embedded
in what you just said. >> If I can just say a real few quick words, April, there's been some new regulations on the Open Public Meetings Act. April is literally the queen of it. She is more wellversed than any attorney.
>> Absolutely. Please rise and stand for the pledge. I pledge allegiance to the flag of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all.
>> All right, Mr. cut you off but waiting. >> Absolutely. Okay. >> Sure. So, um what I'll do is uh this is my favorite part uh as attorney. We'll read uh have the oath of office. So, we have uh Tony Amaya, Phil Greg, Mark
Fitzgerald, Claire Hayner, and Mark Spagnolo. And in the interest of time, if you're okay, we can all stand up, raise our right hands. >> But before we do, let's welcome Mr. respect to the to the board. I appreciate it. >> You're very welcome. Look forward to
working together. >> And what we'll do all all of you stand up who are being sworn in and uh I'll say I state your name and we'll start with you and then we'll go one for one and then everything else I can repeat after you at the same time. I state your name. Mark Fitzgerald, >> Antonio Bill Greg,
>> Mark Spagnola, >> Claire >> who solemnly swear >> solemnly swear >> that I will support >> that I will support >> the Constitution Constitution >> of the United States >> of the United States >> and the Constitution >> the Constitution of the State of New Jersey >> to the state of New Jersey >> and I will bear
>> I will bear true faith >> true faith >> and allegiance and allegiance >> to the same >> to the same >> and to the governments >> to the government >> established established in the United States United States >> and in this state and the state >> under the authority of the people >> under the authority of the people >> and that I will
>> and I will faithfully >> faithfully >> impartially >> impartially >> and justly perform all the duties all the duties of a member of the Belmar zoning board of adjustment of the board of adjustment >> according to the best of my ability to
best so help you guys >> that's threeear terms is that >> uh The alternate for that, right? Just keep going. >> Can I have a motion? >> I'll make I'll make a motion for
second. Any other nominations? All in favor? >> Anyone opposed? >> Okay. Can I get a nomination for vice chair?
>> I'll get a motion. I'll second motion. >> Right. Any other nominations? >> Okay. All in favor? >> Opposed? Can I have a motion to approve the minutes of the December 18th meeting?
>> Mr. Ross, >> yes. >> Mr. Greg, >> yes. >> Yes. >> Mr. Fitzgerald. >> Yes. >> Mr. Luben. >> Yes. >> Mr. O'Neal. >> Yes. >> Mr. >> Yes. >> And can I have a motion to approve the resolution appointing our board attorney?
Mr. Ross, >> yes. >> Mr. Greg, >> yes. >> Mr. Yes. >> Mr. Fitzgerald, >> yes. >> Mr. Luben, >> yes. >> Mr. O'Neal, >> yes. >> Mr. Dor, >> yes. >> Mr. Chairman, I want to thank you. I've been uh honored and privileged to have held this appointment for a number of
years. And in all sincere sincerity, I'm still honored. I'm still privileged to have the appointment. And I'm excited. And I look forward to working with you uh throughout the coming year. Thank you. Thank you, Mr. Kenny. I think we've had a good year last year. Talked a lot of ground and it's now you right April
to approve the resolution appointing the board secretary. >> Not that I think it's unanimous, but I'll second. >> Yes. >> Mr. Gr. >> Yes. >> Mr. Mr. Sure. >> Mr. Mr. O'Neal. >> Yes. >> Mr.
And then next we have Can I have a motion to approve the resolution to dismiss the application for 207th Avenue? >> I'll make that motion. >> Mr. Hall, >> yes. >> Mr. Greg, >> yes. >> Mr. Ala,
>> yes. >> Yes. >> Mr. Luben. >> Yes. >> Mr. O'Neal. >> Yes. >> Mr. >> Yes. >> And last one. Resolution to dismiss the application of 11719th Avenue. Motion. Second
>> Mr. Ross. >> Yes. >> Mr. Greg. >> Yes. >> Mr. >> Yes. >> Mr. >> Yes. >> Mr. >> Yes. >> Mr. O'Neal. >> Yes. >> Mr. >> Yes. >> And may I say when we're talking about the 2025 year end report, very nice job
of capturing all of the comments that made as time had gone on. Um, also quite impressed with the perfect attendance of the gentleman to my left. 12 to 12 meetings. He gets gets the gold star for attendance
but but it's very good participation by everybody really excellent appreciate that >> and I did add um Mr. Yorio emailed me and I did add um one more thing to the report um a sentence about the setback
requirements for ACs and generators and those type of things. It would just happen. >> Okay. So it's not it's not in what's handed out. >> No, it just happens. >> Great. Okay. So >> I added that. >> Yeah. Just make note of that in the minutes that you're pending additional
um in addition to the year report for that. But >> everyone's good with it. I'll send it off. Sure. >> Great. And I think now it is you, Mr. Kennedy, right? >> Um, there's nothing for you. We could go
right to the first application. >> Okay. Um, before we do, there was a request and I I I I think um there'd be no reason for us not to uh grant the request, but um we have a a gentleman that was in our the notification zone for the second application, but he's got
to leave at 7. and he asked if he could get a statement on record, but it's relative to the second application, not the first. So rather than changing order of the applications, we thought it would be more fair to just let him let him come up and make his comments now. >> Sure. It's a little unusual, but we try
to accommodate everyone as >> well. Anything that's stated would be would be appended to the public session, the public comment section of of the second application. >> So, Mr. Chairman, if I may, just for the record, this is on the Brian and Cecilia Matthews application, 109 11th Avenue.
Uh looking for variance relief for driveway, ingground pool, pool house, detached garage, and other outdoor amenities. Um just uh momentarily, we'll go through the notice and things like that, but for the for the moment, uh I think you want to recognize a member of
the public so uh we can accommodate the schedule. We'll let the record let the comments be uh noted for the record and then we move back. Sure. So, >> okay. >> This member of the public, we happen to know him fairly well. >> I app I appreciate the gentleman comment
when you said gentleman. >> Well, he was a little bit back. >> William J. Shiters uh appearing today as a land owner of 108 or the LLC of 108 12th Avenue and contract purchaser of we
know the Delmar 11012 12th Avenue our properties are just south of the Matthews I have spoken >> you know Mr. Let's just make this official welcome new uh happy new year to you and and unlike most other times we will get to swear uh Mr. try to
present. So, uh, good evening and welcome. Do you swear that the information and testimony you're about to provide will be the truth to the best of your knowledge to help you guide? >> I do. >> Thank you. >> Uh, very brief. Thank you for accommodating my schedule this evening. I had spoken with Mr. and Mrs. Matthews.
Uh, I've reviewed the application with Mary Hearn in great detail. Uh, I had pledged to Mr. and Mrs. Matthews I'd make an appearance uh, and support their application as being the next adjacent land owner. uh myself, my law partner, Mr. Lansky, uh who is also a principal
in our uh ventures is thumbs up on the application as well. We urge you to approve. Uh we wish them success. We welcome continuing change of both the first and subsequent blocks. We're going to see hopefully on 11th, 12th, 13th and
attempt to continue to improve. uh please consider their application uh carefully, but I think it's wonderful and Mary of course has done a spectacular job as usual. Thank you. >> Okay. Thank you. >> Appreciate the accommodation. >> No problem.
>> Okay. So, with that, um for the first application of the night, it's Donald and Patricia Genty at for 61616th Avenue. Lot of sixes in there. >> All right. As the applicants come forward, let's just do a couple of real quick uh house um keeping measures. Is
there anyone here who has any questions or comments or concerns regarding the sufficiency of the notice they received? >> So, we don't see any uh the board secretary and I reviewed the notice and found everything to be in order. So, it be my opinion that we have jurisdiction
should proceed tonight. And um for the first time tonight, we'll swear in Ted uh Bianke. Ted, you are the burough's construction official and zoning official. You swear that the information and testimony you're about to provide to the extent you provided will be the truth, the best knowledge to help you
guide. >> Thank you. And we'll mark into the record as A1. This is information that's in our package already. The development application is A1. I'm going to mark as A2E the minor land use zoning permit
um with a note attached and that's dated November 10th 2025. A3 is the plot plan prepared by dynamic survey and that's dated November 7th 2025 one sheet and A4
is the uh survey prepared by uh dynamic survey and that's dated October 16th 2025 consisting of one sheet and then we have I'm going to mark as A5 it's a communication from uh the applicants uh
basically to the from our zoning board. I'll call it a narrative of intent uh undated. So, I think that's the gist of it. Um why don't we uh state who you are and we'll spray you in. >> So, my name is Craig Black. I'm with
Dynamic Survey representing Donald and Patricia on this application. Appreciate everyone having us here tonight. >> Okay. And you are? >> I am Donald. >> All right. So, if you all could raise your right hands for a second. Do you swear that the information and testimony
you're about to provide will be the truth to the best of your knowledge to help you guide. >> I do. I do. >> Okay. Let the record reflect. Both individuals have been sworn. Have a seat. And Craig Black, you are testifying tonight in your capacity as a licensed >> I'm a licensed professional engineer and
land surveyor in the state of New Jersey. >> Perfect. And uh your credentials are current, up to date, and in good standing. >> All in good standing. >> Okay. And um uh Mr. Mr. Ginty, if I could just get the ball rolling here. We're talking about the property at
6166th Avenue. Correct. >> Correct. >> And are you the owner of that property? >> I am. >> And how long have you owned it properly? >> 20 years. >> And is uh my notes reflect there's a single family home at the site. >> It is. >> Okay. And do you live there? >> We do. >> Okay. And uh why don't you or Mr. Black
sort of explain what it is you're looking to do and why and what variance relates you need? >> Mr. Before we go there, and I'm sorry, maybe is this a requirement for this application, lot
building coverage, everything else that we need to know, perase coverage. Shouldn't that be a requirement for the application to know those stats? Maybe I'm asking the wrong person. Do you have that information for us to review? Uh I'm not sure what
document you're holding up, but we do have that information on the line. >> Correct. Thank you. >> Thank you. >> So, as you mentioned, we have the application in. Thanks for hearing us. We're we're proposing
approval for a C, which is the owner of Don and Patricia are looking to extend the driveway onto 16th Avenue. Um because this property is is pretty unique uh in the sense that it's it's bordered uh to the to the east
by residential to the west by residential uh to the south is 16th Avenue and and Lake Ko and in the rear is the uh central central business district. So you have there's quite a bit of traffic uh from commercial
facilities, commercial businesses um with the deliveries uh trash pickup and uh depending on how much snow we get um it's also tough to shovel out the winters. Um so we're
proposing to extend the driveway out to 16 and overall improve the the existing of the property uh and and the safety of the circulation through that driveway. And as I mentioned, I'll take a step
back. It's it's it's an R75 zone. It's an existing twotory single family home about 3500 square foot lot. And again, it's unique that the driveway actually is accessed from through
over by the bike shop and then through those commercial parking lots. Um so really just looking for a safer, you know, safer driveway, you know, access to this property as um you know, Don and Patricia, you know, a gracefully. Um
I I believe that uh the width of the width of the apron is is in compliance with the ordinance and 12T apron and we're proposing a 10ft wide driveway which is also in compliance with the ordinance. We're seeking relief for the
one foot buffer to the east. again to the east is a residential property and we're proposing that the driveway matches the existing driveway and it goes all the way up to that property line. So that's that's the relief we're seeking.
>> And if you could just say so what what is the variance you need? The requirement is for a >> a one foot buffer >> between >> between the property line and the proposed driveway >> and you're having >> zero. Thank you.
So again, in my professional opinion, um there's really no detriments uh to the to the to the property or the adjoining properties. Uh overall, we'll be improving the existing conditions and providing, you know, a safer way to circulate in and out on 16th Avenue,
which which is now one way, which is which is nice. Any questions? I just want to make sure you're done with your testimony. Okay, great. So, with that, we'll open up board questions and we'll start on
the west side. Okay. So, the u the 15th Avenue site where the entry is next to rivals locksmith. Um, are you going to close that gate permanently or is it going to be a pass
through from 16th to 15? >> Oh, we would leave that open. >> So, you would you would leave it open? Now, the the reason I asked you're looks like you're losing about uh uh 80 square feet of grass where the the
evergreens are in the front. So, I didn't know whether it was feasible to reclaim that. back. But so you're going to just continue it. You'll probably in the summer go out 15th. Probably easier
than backing out 16th. >> My wife grew up on 16. So >> yeah. Yeah, it would be. >> Okay. That that was my only question. >> No, I don't have any questions.
>> Um my question was already asked. the um I guess by doing this we're going to be eliminating one on street parking >> correct >> and then
you had the owner file in the back regarding access we have not reviewed specifically, but we can prepare the survey. >> But there is an easement.
>> Correct. >> To the rear of this property. >> Is that owned by the rival property or is that public property? >> Yeah. >> It was deed to both properties, cars and
our neighbors in 1994. used to be an alleyway from 15 to 16. >> There you go. Okay. Between if I'm facing the front of your home, the home to your >> right, >> correct?
>> And then you're anticipated right now. >> It certainly can be gated and and blocked if necessary. Uh so we don't want to have any problem in the car that we want to go through there. Uh we like to open it up at different times in the summer as you're asked with traffic. We
generally are in bicycles or walking as we hit the beach. So we usually go out that way down 15. >> My where I was going with this was if it's not gated in the rear. I see the potential for pedestrian and other vehicle traffic on your property.
>> Absolutely not. Now, do you park in that driveway or is is it not for two families? It's not for two properties. That driveway is just when it was needed started to be confusing. It was needed to be 10 ft on each of the properties.
>> Ours are 10 foot driveway because he has an existing driveway. So, it's your own personal driveway. >> Yes. >> Okay. That's all that >> Oh, sorry. >> Oh, is there I that didn't uh it didn't
jump off the page. Let's make sure we understand. >> Could you please state that up in the testimony? So, let's just back up a second question. Some of the other board members may have they thought we were only talking about application for the
driveway with so um what's your request for lot um for coverage lot coverage. >> So it's it's an existing irregular lot. Um so there's an existing nonconformance with the coverage and with the
additional uh 80 square feet or so we would be increasing the um the coverage from from about 70 to 71%. >> Okay, I see it right there. Okay, very good. That's seems dimmin but since the um your terms have already passed if if
you have any further questions about the luck co let you circle back. No, that's why I asked about reclaiming, >> right? >> Right. But but it is two variances that was a good couch. >> Okay, Mr. O'Neal. >> Mr.
>> No question. I think it's a good idea. >> The only one question that I have is is this this one that we were talking about most who does that impinge upon like what >> it would buffer would be we're seeking the zero
>> no no I understand residential property >> okay and there's been no objection from from the residential property >> had different conversations >> yes >> they're aware okay very good I have no further questions either so with that
we'll close the to the board section and open up to the public. If anyone here from the public is wants to speak to this application, please stand up and be known. >> That's okay. Claire, I I I asked. >> Yes, you did.
>> Just want to make sure. >> No problem. That's perfectly okay. I'm usually guilty of that, but not tonight. >> Okay. So, with that, we'll close we'll close the board. >> Yes, it's a public time and so yes, please come out.
>> I own 1100A Street, 115th Avenue. I think it's a great idea. >> No, we'll just swear you in. You swear that information and testimony you're about to provide will be the truth. Mr. N will help you guide it. Thank you. >> No, I think it's a great idea. I'm a realtor in town. I've sold several homes
on 16. Fantastic idea. Fantastic. And you deserve it. >> All right. Thanks. >> And the 1% buffer or the 1% buffer is on your side. That shouldn't take up. >> Anyone anyone else here to speak on the application? We'll close the public
comments. Uh and summary, but Mr. Penny, if you could just pause for a second. Um, I just would like to make sure that on the record that that you're indicating and I and I agree with it that there's a hardship that you are incurring if you were not allowed to um have this curve
cut that you're seeking uh because of that um rear um uh situation coming out to the 15th and and by granting this application, we're going to alleviate that hardship. Correct. Okay. So, we just want that Mr. Kenny
if we do approve it. I want to know that we're the hardship and granting this application correct that okay. >> So, got so Mr. Chairman if the application is approved some of our standard conditions will be compliance
with all the promise commitments and representations the team made tonight complies with any affordable housing regulations and contributions if required. Um outside approvals. Ted creating a grand detail. We don't need that, right?
>> Okay. And um let's see. We uh just um Ted, I just want to ask one other question just so that we don't get um yeah tripped up later time. Is there any variance that would be needed for having two curb cuts or is that is that a variance or nonvariance?
>> That's we on their property. >> Correct. Oh, it's not on the All right. >> Was not on their property. >> Okay. >> So, we don't need that variance. >> Um, >> can I ask a question real quick? >> This what is this is a plot plan. I
think >> you said there's a one or one buffer. I got that like it's right up against the fence or whatever. Right. On this diagram, I just want to be clear because we had this issue in another application. The actual um tapering out
of the driveway appears as though doesn't pee on the driveway next to you. Is that accurate or there's there's no driveway to >> Oh, I thought that was a uh that's the property now, right? >> Correct.
>> So, it does go onto their property. >> Well, that's the right way. That would be 16th Avenue. >> The curb is not their property. >> Okay. It's a good like there's a triangle. That's what I was tapered out of the curve. So, I just want to make sure. I'm just asking clarification because we don't want somebody over
again and saying, "Hey, my occur tampered over on my property because we've had comfortable that this is not going to impinge on the property." >> That's that's the right >> for the record. Just want to put
>> we'll list that as as a condition. Um and um again with with regard to the easement, we can't the board can't give you price that that's come from the the ement holder. And then I guess Mr. Chairman the only was under those
discussions do you want to say not as a condition that is going to be gated but encouraged we don't just let the record reflect the discussion they have to decide. >> Got it. There is concern about pedestrian traffic and perhaps there
>> so it's up to them but >> got it. So those were the >> that was the gist of the conditions and uh Mr. Black are those conditions acceptable to you and and you're the applicant.
>> They are acceptable and and much appreciated. Thank you. >> Okay. So without the pleasure of the board I'll second the motion same. We just made a motion to No, we made the
motion to approve. >> I approve. Okay. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. Unanimous. Congratulations. Good luck. Thank you very
as Craig said been here for 20 years. Um we've been blessed because our children found our spouses down here. We have four grandchildren. Uh we have great neighbors on both sides of us. We love our community and uh this makes it a lot safer for my wife and I.
>> We appreciate that. >> And April, thank you for me with that patient process. My first time ever going through that. I must ask her a thousand questions. Very patient. So, thanks. >> We're all volunteers up here. We're all neighbors and we put in a lot of time and effort for this and we appreciate
you recognizing that. It's rare that that happens. >> Okay. Thanks for saving it to the end, too. >> Sway your application. Okay. >> Okay. With that, we're not ready for a break yet. So, we're going right into number two. Brian and Sicilian Matthews.
>> Okay. As the applicant team come forward, couple of uh preliminary procedural things. As is our standard policy. Uh Ted, for second time tonight, we're going to swear you in. Do you swear that you are the bureau's construction official and zoning official? Do you swear that the testimony information you're about to
provide to provide the truth knowledge to help you guide? Thank you. And is there anyone here who got any questions or comments, concerns regarding the sufficiency of the notice? >> We hear in the audience, anyone for the sufficiency of notice? No one. >> All right. And for the record, the board
secretary and I reviewed the notice and found everything to be in order. So in my opinion, we have jurisdiction to proceed. We'll mark the record that we as a board have before us. A1 is the development application uh dated on November 5th, 2025.
A2 is the minor land use zoning permit and that's dated October 10th, 2025. A3 is a plan of survey prepared by Charles Omali and that's dated December 17th, 2024.
And A4 plans prepared by uh Mary Hearn Architect dated October 23rd, 2025 consisting of one sheet. I think that's it. Right. All right. And um this is Jeff Beman.
And just before we turn it over for Jeff to uh enter his appearance, uh Mr. Chairman, three opening comments. Just for the record, um we had comments made on this application. Um earlier because of a a scheduling conflation.
um he appreciated uh the going out of order, but he had another commitment. He said he supported the application. He is uh principal um of the owning entity which owns property next door. He gave it a thumbs up. He said he urged
approval. He said uh it reflected that the continuing change in the community and continuing development is good. And he was um used the word wonderful. So, we've said that. Good evening, Mr. Beman.
>> Good evening, members of the board. Mr. Chair, Jeffrey Beman of the Beman Law Firm. I represent the applicant Brian Cecilia Matthews. Uh, and this evening, we will have Mr. Matthews present some testimony as well as our architect, Mary Hearn, uh, who I believe you're more familiar with. We do have one additional
exhibit that we'd like to mark. Uh, it's a combination of, and I'll pass these out. It's a combination of an aerial um coming two aerials um a colored rendering of the plot plan which Mary
will discuss and um a u photo of the rear elevation from the neighboring development that was approved by the >> so I'll mark that as A5 combination aial uh illustrated rendering of the plan and photo of the
rear elevation. He gives us one more room. I believe everyone has one now. So, just a quick overview before we get into testimony. Um, Brian Cecilia Matthews um owned the property
at 10911 Avenue. Uh this property backs up to the four-story condominium development that was approved uh fairly recently uh by this board from the standpoint of after some litigation. Um so the applicant is proposing to um do
some improvements in their backyard to provide for some of the privacy and things that they would like to ask. As a result of that, they are asking for a variance for building coverage and we'll explain the nature of that variance as we go through testimony. Um there is another variance that is noticed in um
our notice and also in Mr. Beon's letter, but I believe we've discussed and it's not applicable here because we are proposing with this application a gas fireplace. Um and I think Mr. Biance believed that it was potentially a fire
pit or something like that. And a fire pit has to have a further set back because it's open um and combustible as opposed to a gas fireplace which although combustible it doesn't have the same possibilities of ash and those kinds of things. So I believe that is
conforming as far as the setback as what we're propo that that we're proposing because we're only required to comply with the setback for accessory structure for that. Okay. >> So with that said you agree right that that if it's a guest fireplace it's it's
it's compliance and there's no variance right? >> I I would agree. >> Okay. Very good. Okay. So we're looking at two variances right. >> We're looking at one variance. What? Just lot coverage only. >> Building coverage. >> Building coverage. Right. >> Yes. >> We're compliant setbacks. We're compliant heights. We're compliant impervious coverage.
>> Okay. We're asking for building coverage only. >> Great. Thank you. >> Yep. >> Um so I'm going to introduce Mr. Matthews. >> All right. Won't we swear you both in? If you could just uh state your name, sir. >> Brian Matthews. >> Okay. >> The owner of 109 Avenue for
approximately 25. Sorry. >> No, no problem. You got it. And then Mary >> Mary Kern H E A R N. >> All right. If you could just both raise your right hand. Do you swear that the information and testimony you're about to provide will be the truth of best knowledge to help you guide? >> Thank you. Have a seat. And just for the
record, Mary, you are testifying in your capacity as a licensed architect. And um I know that your license and certifications and qualifications are current and up to date and good standing. But Mr. Chairman, if we because we have a new member, want you to spend 30 seconds telling us about um
your qualifications. So he is aware of that. >> You don't have to say how old I am or how long I've had a license. So I've been licensed since 1990 in the state of New Jersey and kept that license active and up to date since and I've been practicing. I have my own firm on Main
Street in Belmar uh now for 17 years and 10 years before that nearby in Wall. So >> and Mr. Spangelo she's been qualified and appeared before us many times but usually and you spend more time vetting the professionals when when you don't
know them. But that that's why we do that. >> Oh, okay. And then just Mr. Matthews, just for the record before we get this, Jeff, I' like just ask a couple real quick questions. Um, sir, and I cut you off. You're the the owner of the property, correct? >> Correct. Along with my wife's not be here. >> Okay. And how long have you own it
roughly? >> Uh, approximately 25 years. >> And there's a single family home at the site. >> It is now, but I will discuss that in my testimony. >> Got it. And you live there? >> I I am there. season only about four to five months a year. >> Thank you. >> Thank you, Jeff.
>> Thank you. Uh so Brian, you you the owner of this property, how long have you owned this property? >> Approximately 25 years. >> Okay. And and since your ownership, just provide the board with an overview of what you've done to the property, the changes that have been made. >> Yeah. No, appreciate it. And first of
all, if I could, I mean, I think the Jersey Shore broadly and Belmar specifically is is important to our family. Let's give a little color there. My unfortunately deceased father-in-law started coming to Belmar in a rental property on 12th Avenue just after World War II, you know, through the early
1950s. Uh, as a a woman that grew up in Northern New Jersey, she came to the Jersey Shore and rented in the summer for a number of years. Growing up outside of Pittsburgh, I went to southern Jersey, right, where on good years we could we could rent a uh actually camp for a couple of weeks at a time because we couldn't afford to rent
a home. But um it was it was the Jersey Shore has always been, you know, kind of going back to my childhood. I met like the prior gentleman, I wanted to step out and talk to him. Actually met my wife at the Jersey Shore in 1992 in a in a rental house in Bayhead. Then rented with my wife for a couple years. We got
married. My current wife Sicilian is not here just to be clear. And we got married in 1995. For a couple of years, we did not come down as we didn't have the means to get paid for the wedding. And then starting again in about 9798 we started renting with friends of ours in
Belmar on 6th Avenue on a home uh that they eventually purchased in 98 and we rented with them again for the following three years before we purchased purchased in 2001. Um my father's ashes as a boy from Ohio he wanted them to be spread but I just
state that in the context the Jersey Shore and Belmar has been important part of our life uh both my wife and I and our children. uh for years. To the specific question, we purchased a a a smaller uh two family up and down
non-conforming Cape Cod home in 2001. Um, as the kids grew older and wanted to bring friends and we have the ability, we we actually uh knocked that home completely down, put in place a conforming single family home in
approximately 2010 and worked uh, you know, along with the architect to ensure that everything we did at that time was conforming to the home and it provided us the privacy and the space that we needed. We've had a number of of enjoyable enjoyable years.
And then just that you can provide the board the overview of why you're proposing what you're proposing today. >> Sure. I think there's two aspects to it. First of all, we've gotten to a point with our daughters getting married and, you know, son's looking at getting married. We're kind of looking at next stage of life of them coming back and
kind of having grandchildren and we're at a point where we actually wanted to put a pool in place. That said, I think it's known by the by the board um that that we as we actually were opposed to the development of the Belmar that Mr. Sharpers referred to earlier and it's
referred to on the diagrams did not feel that the what was being proposed at the time a couple of years ago really was in line with the feel of the community and frankly were concerned about the privacy uh that we had enjoyed in the space we had enjoyed for a number of years. um we
spent significant time and money and means to appeal that. Uh we used the legal tools that were uh able to us and eventually it was upheld and I respect that. We've kind of moved forward uh with that and want to move forward with
enjoying the community. So that said, beyond the pool, we've worked with Mary with something that we think is in the style of the community and the current home. Uh it will afford us the uh not only the pool but also some privacy and
space for us, our children and our grandchildren in the future. The same privacy that the community and the board um is is affected in their homes, in their yards. We have a we have or will have a very unique neighbor in this new property and therefore designed this to
give us again the lifestyle and privacy we've enjoyed. And with that it did to to meet that um we are asking for the one small uh small variance that that we'll go over. >> Thank you. >> Terrific. Nice nice summary. Appreciate that Mr. Matthews.
>> Thank you. >> I have no other question for Mr. Matthews if the board has questions unless you want to wait until >> No, if you're done we could go right to board questions. We're going to start with with our um our alternates over there. So, Miss >> Oh, Mary's gonna testify.
>> I'm sorry. I when I said I apologize. I want you here just to have just to be ready to take questions. >> Um, let's conclude all of your presentation and then we'll begin questions. Thank you. Uh, so Mary,
you're the architect of record on this application, correct? >> That's right. Um, and if you could just provide the board with a little bit of an overview of what the um what you were asked or tasked to do. >> And and Brian said it better than me.
I'm not going to reiterate the wise and try to be respectful of everybody in town um and professional. I'll go over the handout really quick. The cover, this was all prepared by my office. I know Kevin's going to want to hear that.
Um the cover sheet shows in a red box where it says 109 submit property and then behind that or lower on the sheet where it says Belmar in that's where the proposed condo building will be going up fairly soon. Um so I wanted you to see
the absolute proximity of one to the other. That's the reason for the cover sheet. The second sheet is a different view of the subject property so that you can kind of see what the Matthews look at today when they're in their backyard
and what how you can imagine that will change with um the new structure there. Also, it gives you some reference as to what the flanking neighbors have in their backyard and the fact that some of them already have some larger structures
than the shed that we have today. So, what we might be seeking, what we are seeking today may fit in well with what's already around us. And then the next sheet is identical to the site plan you have, but I found
dropping a name here. When I was on my board, it helped to see what was green and what was not. So attached what we propose to be semi-pervious papers to do our part in keeping the impervious coverage compliant. But then you see the
um the hope for and striving for green in the backyard, too. We're hoping to do a significant hedro along the back property line. We're hoping to do some hedro for privacy at the pool. I'd like you to note there's already a six foot
high fence around the eastern line, the rear line, and the western line that we'd like to keep. And then um where the fence will connect to the house. It does already, but we might be modifying the uh front part of the gate and how it
connects to the house somewhat, but all compliant there and offering the proper um gating and enclosure for the proposed pool. So, so we're making our effort to buffer here and then placing the pool
appropriate for then buildings in the back to help offer uses, proper uses, but and enjoyment in the backyard, but then also buffer and privacy. And I'll go into the financing of them. I just
wanted you to see that sheet. And then the last sheet because it's been, believe it or not, I think five years, if not more, since we were before the board. Yes. For um the condo building, this is a rear view at the top of that
last sheet. You'll see red marks at the bottom line. That's where uh the Matthews property sits up tight to the rear property line of the condo project. and how the balconies will align with where their property is and just the
height and seeing the windows and the garage so that you have that right in your head if if it helps your decision making. So, I just put that together so you have it to flip back and forth. >> Very helpful. >> Yeah. Okay. And then our drawings are
black and white. I'll walk you through what we hope to do and I'm going to circle back at the end and talk about building coverage. So, Trying to keep this succinct. If you go to the second sheet, you'll see an enlarged
drawing of a proposed detach garage, which we're allowed. Again, as um Mr. Beman stated, we've met every setback requirement here. Um distance from pool to structure, pool to property lines,
structures to structures, structures to property lines. Um we've met height restriction. We are already under on F and not adding to that with the proposed structures. So, we're compliant on everything but for uh building coverage.
I think there's a minor setback pre-existing on the front dwelling. We're not changing that. And there is a small AC unit on the west side of the home that is not brand new, but newer
than the others. And uh we'd like to keep that where it is impossible and that's a pre-existing non-conformity that we're not changing today. Um, but we'd like to relocate the existing ACE units. In general, the Matthews want to
take everything out on the property that's hardcaping, remove the shed, the outdoor shower, back steps, landing, driveway, and put in all new hardscaping. And then a detached garage directly behind the driveway. So, at the
southeast corner of the property, um, mirrored to that as seen from the back of the house, a pool house at the west southwest corner of the property, smaller than the garage because we don't need to be able to park a car in it, um,
but functional. And then behind it, the outdoor shower. So, right now, the outdoor shower is alongside the side of east side of the house at the driveway. We'd like to move it to the back of the property. Um, a little bit private from the pool and with a significant hedge
row and room hopefully private to the new rear neighbor. And then between the two, we like to create a pergola. Um pergolas are counted 100% building coverage in town,
though they don't operate that way if they are kept open slat. So, I'll get back to that, but we're hoping for a fura between the two so maybe vines can grow or at least offer again some privacy to what's behind it.
>> If you don't mind for a second because maybe you squeeze that into >> the 2025 report um if the board agrees which what the point is if it's an open pergola I could see if it's in
per Right. But in terms of building coverage, a pergola alone that doesn't have any roof on it seems to me that county's building coverage may be an error in our code. >> It It's something that should be reconsidered.
>> However, the board does the board agree if it's an open per. It's just a shade structure. It's not it's not a solid roof. It's not a solid. >> It's it's slab. It's slabs. I agree with you based on what this is,
but I've seen permeas at least sold that have like groups. I think it's just >> let's not put anything in, but let's let's add to say we would like some we would like some clarity on on this per that's a solid roof is different than a
per turn. >> They do, >> right? So where would that fall into? Because it could potentially >> that's we would need clarity, right? We don't have it. So that's what that's >> a lot of different roof systems on
perips available now, >> right? >> And and I think maybe the mindset was they're hard to police. You know, it's something that's easy to put a solid roof on down the road. So I understand why maybe. But I think there may be it maybe you might want to look at it
again. >> Okay. Right. >> All right. >> Um, so, so we're hoping for the two structures that are the same width, and we'll get to the elevation in a minute, symmetrical on the property with a a center focal point between the
structures covered by a per completely open for slats, pergola, and then at the back, a solid um focal point. So they would love a fireplace, a grill there if possible, a sink to act like a
refrigerator or server or a dining area should they try should they choose to keep a table in the back, which would be a perfect location. Obviously, you can move furniture around. The table could go elsewhere, but that would act as a very nice gathering spot. Our hope is to
put these folding doors on the inside sidewalls of both structures. could open them up and be in either structure and communicate with that open space. Be lovely. Um I I don't want to speak for uh Brian and his wife, but we had
discussions and and I think I'm right in that they probably will not park in the garage unless they leave a car there to winter. Um, but I think they want to be able to keep bicycles and even use it just as a playroom or whatever garage
storage they might want to keep in there. So, our hope was not to have to put a driveway into it if it was only going to be used once in a while to drive to leave a car and then once a year or on slight occasions to pull it out. We can provide stabilized grass to
protect the grass. We've done it several times on driveways and in parking areas. It's done commercially to keep it looking green but functional to be able to drive over. And when I met with Ted about it, you know, I said, "This is what we'd
like to do. Can I still consider that a garage?" Because the driveway doesn't the hardcape driveway doesn't physically go to it, but we have stabilized grass in order to drive over it. He said that he had no problem with considering this still garage as an allowed use, but that
I needed to count the semi or the um stabilized grass as 50% impervious. And we've done that and listed it separately in our listing. So, I wanted you aware of that. >> But that way when the Matthews are in their backyard, they see green, they can
kids can play on the grass or you can do whatever on the grass instead of having it all hard surface to the eye. So, so that is our hope for the garage. And then our hope for the cabana is a place to actually sit in and be out of the sun
completely and focus back toward the house and the pool area and then create this great table space between them. Again, it can be used for many things, but a table there would benefit from the cooking and the gathering in the back.
Um, this would allow for uh getting from the house to the backyard. where we put the pool off to the side so it doesn't block that uh walkway and then there's room for some sunbathing chairs off to the side. It also allows us some seating
right near the home. So, if you wanted to just go out in the evening and look into the backyard, not in the cabana looking back toward the house, there's plenty of room there off to the left on the drawing behind the house and a place for a grill close to the kitchen, so you
wouldn't have to walk all the way to the back to grill a steak, you know, on any given night. Um, so, so when we met, we talked about symmetry and and the balance of the backyard and trying to
make this place so nicely designed that the Matthews focus on what's there on the ground and not constantly up at, you know, what will be built behind them. For the record, I was the architect on
that building. So, I'm getting to slice this both ways, which I think is awesome and that neighbors can play well together. I'm really glad Bill showed up in support of this. So, um if you look at the last page, it shows you the
aesthetic of the buildings. We meet the height requirement at 18 ft. My hope was when um they were built they would absolutely uh be symmetrical in look
almost identical. Um and that I'm sorry if you look at the second page to the left you can see both of the buildings together and what you would see if you was sitting behind the house looking out toward the condos. And then there's a a
rear elevation if it's all built what it would look like from actually the condo property. So we're doing our best to kind of fill the backyard with something pleasing to look at. Remember on the ground level of the
condos is the parking garage. So um so the one variance we're seeking is building coverage. Um, we are at 27%. Um, when I did not design the Matthews
home, but I'm I'm fairly certain that the architect and the Matthews um built it with the thought that it was completely compliant at 25%. It's slightly over. The shed has put them slightly over probably and the shower
maybe wasn't figured in back then. I don't know. But today they're at 27.14%. If approved, we would be at 33.06% and 25% allowed. So it's a standard
50x150 lot in the R75 zone. Um we would be seeking a variance of 8%. Now, we would be allowed a 440 square foot detached twocar garage, and that
entire 440 ft would be exempt. If you count that square footage and add it to the 1,875 square ft, you're allowed for a 25% front house with its porches and showers.
That's a total of 30.8%. So, everybody that has this size lot in the R75 zone today has the right to build in actuality 30.8% building footprint not coverage because
your coverage exempts that garage but that would be the footprint that we build all the time we design all the time. So if you just marry that number against what we're seeking here we're seeking a 3% overage.
What we hope to do is not build a twocar 440 foot garage, but break off some of that in support of this pool house and and outdoor shower. And they are slightly larger than that 440 square ft.
So, we're seeking that 3%. And I think if you weigh what we're asking for against that number and not just the 25, it helps uh wrap our minds around this. I think too the fact that again we've
put a lot of things in this backyard, but again we've met every setback requirement height. We're under on floor area ratio. We've not helped that at all, which for the record is at 42.8% where 55% allowed. So, their house is
not even as big as it's allowed to be in terms of overall bulk on the property. >> So, I think that's all that I have unless you have more. >> Yeah. The only thing I want to and I apologize we didn't talk about this the other day, but with the pool house,
there's certain things, certain requirements. Can you just provide an overview for the board? What's supposed to be inside the pool house? Um, what's proposed to be inside the pool house is so cabinetry along the back wall and a refrigerator.
>> No cooking facilities or any of those? >> No. There would be electric to there and that's it. >> And no heating. >> Uh, no heating or cooling. >> Yep. There are two air conditioning units that sit behind the house immediately behind the house today. We'd like to put them up on the roof of the
garage compliant with your ordinance. So I don't want to put that on the record. >> And the location of the pool equipment and generator that is also compliance with the setback. That's correct. That's correct. >> Yep. And just to tie on the record, what we're proposing for the fireplace is a
gas fireplace granted outdoor but identical to what you could put on the side of your house with the two foot encroachment within 3 ft of a side property line. And we're at 4.5 ft. And the only other question I had and I
don't think you touched base on it but the open curb load that we're proposing is above proposed um half impervious coverage because of >> impervious papers. Yes. >> Uh in addition to that what is the overall square footage and percentage of
that open pergola area as compared to the whole >> so and we list that in the proposed building coverage on the cover sheet. The pergola is proposed at 350 square ft which equates to 4 66%. >> So of that uh 8% it's more than half of
that 8%. >> That's correct. >> Um and you earlier said hardcape and I just want to be clear we're really the the hardscape that you're referring to here on this plan is really semi-pervious paper. Correct. >> Correct. So you're either greenscaping
or hardscaping. So we just lump all of those improvements into the cover of hardcape. With what I'm seeing, I'm not seeing any concrete that's 100% correct. >> All of the papers would be the identical and semi-pervious
>> and and um what is your uh what what are your take on the C variance, the hardship uh or better zoning alternative on this? >> I think it's just location in the hope to um provide buffer across the entirety
of the backyard. Um it's you couldn't do that with a 440 foot garage because it would have to be long and it wouldn't be deep enough to park in. So we just feel in this location it's a it's an it's the ask is to help buffer the look
>> and particularly the intensity of the neighboring development as well. Correct. >> Thank you. >> Y >> very good. Nice job. Nice job. So with that, we open up the board uh questions. Um let's start with >> the first question you answered because
I was going to ask what was in the pool house. Fair enough. Thank you for that. And the garage um just electricity, >> no heat, no air conditioning, nothing. >> Correct. >> Okay, Mr. >> Um yeah, I just want to say gorgeous
design. Has very Spanish courtyard feel to it like an oasis. Uh my question you spoke on I need some clarity. The two AC units are going on the back of the garage. Is that for the house? >> Yes. >> They're being moved.
>> Okay. And then look at this. Is is the inside garage lofted or is there going to be storage space up there? I see the windows and stuff that kind of looks like a lighthouseesque. >> There's a pull down in proposing there. So there's going to be ceiling storage
>> in in both. >> No. In the cabana. We're gonna have a complete open cathedral. >> Okay. >> So, there's a place to put the cushions and things off season up in that attic. >> Okay. Then, so no bathrooms going out back here. >> No,
>> it'll be in the house. >> Yeah, that was all. >> Okay. Thank you, Mr. Ross. >> Yeah. So, I just had a couple questions on the and you touched on it, the stabilized grass. >> So, you count you said you counted that as 50%.
I just need a sanity check because I thought that was on our report for the council that currently even the grass strip on a driveway was counted at 100%. We thought that was odd. So I don't how does that work? This is the driveway leading to the garage. Shouldn't it be
100%. >> According to the ordinance >> I mean I'm not saying I have a problem with it. I'm just saying like on the record right now we have this on our report that we want this change. So if they don't change it, then we want to make sure that your numbers are in
compiance right now with current situations. >> Okay. So that portion is almost impervious cover state grass driveway that adds >> it' be like the strip in the middle that grass that piece between and and it
leads to my next question. Um I'm not going to do all the math on all the different things, but um when you look at the overhead, you have 50% I think currently as is that right? 50% um your current
situation is 50% in purchase coverage. You're adding a pera, a garage, a pool house, and pavering most of it, but you get 50% coverage on and it's going down a percent. That's I'm just my math in my head like it
doesn't make sense to me >> and it's only because all that existing paper and every number is delineated. >> Yeah, I got it. I and I'm not going to check the math thing but like common sense just says that like you're adding a lot of coverage but yet it went down a percent. Like I don't see how that works
>> because all of that existing paper and driveway is at 100% now. >> Yeah. And I Okay, but I mean the whole backyard is grass. That's where I'm >> true. True. It but the numbers proved out and and I have always put the grass
strip in and not counted it as per we wouldn't even put it in if we weren't getting a credit for it for most of my clients. So, so that may be ruled differently today than it was at some time and I'm not aware of that. So, we
have the grass strip at 100% imper impervious right now in my calculations. Like I said, we wouldn't even put it in if they didn't give us anything. >> I'm just raising the issue. I don't think that's right. So, just want to make sure the numbers are correct because
you know, we need to approve what is going to go in. Um, >> yeah, math to check you, but it just to me it doesn't make sense. when I look at this picture like how that math adds up >> and and realize
the the implications of how you create these ordinances and I even I'm just giving you information not trying to sway you if you don't give some credit to that grass strip there'll be no more grass strips in town that may be a pro
and that may be a negative and and I really would like to have a conversation with some of the council members because I do believe a lot of these applications are taking credit as as that being he's using the word impervious but that's the name that's >> I'm doing it and I a lot of
>> and and I don't think we we are taking out our calculators and saying that no no that's got to be impervious because it doesn't make sense that's pvious >> struct that's grass and stone if it drains it's not concrete underneath it
that's pvious and for our ordinance not recognize that as why we would we it would backfire and you just pave over your entire driveway because you're charging me as as impervious anyway. So, okay, but I think the numbers need to
reflect the current situation. >> I agree. >> Um, with that being said, I don't and this might just be me. Stabilize grass. What does that mean? >> So, hold on a second. Chuck, if you don't mind, just just Mr. Kenny for that particular point. So we could go forward
with this application tonight, right? We we would say that the board is recognizing that there could be a disparity whether or not the median which is meant to be grass, right, is counted as pvious
or impervious. But in either case, our vote will be based on on recognizing that you know disparity. Okay. because I don't know if any of us would would would turn it even if that counted at 100%
although the number might be getting reported incorrectly. I don't think any of us would turn it down because they're pretty aggressive >> because the other alternative is they're not going to have cracks. It doesn't it's illogical. >> Impervious areas shall include all
parking areas, automobile access driveways, and everything else. But then there's that says you get that 50% credit for only the perable paper system stone or gravel. It doesn't
address. >> So, Mr. Chairman, I mean, here's my position. I totally agree like with the mid the mid strip being counted as 50 or whatever we want to count it as, it's going to drain >> and there's concrete or pavers where the wheels drive. What I am leading my
question is I understand stabilized grass and my fear if we don't say that if we allow all grass and I'm not having a problem with this application per se. Don't take it this way. >> Yeah. If we limit it to just saying yeah grass driveway counts. I'm afraid that we're going to get big areas where
people don't want to come before the zoning board and we got big ruts for driveways because there's no there's at least no concrete things for the wheels to drive on. I think but we but we we spoke about that and if I recall the conversation he said it we
>> you could have a grass driveway like there's nothing stopping anyone from having a grass driveway like >> but that but that would be my preference as >> no I know but there's no you can't there's no ordinance >> there is right now because they would have they don't get 100% credit or 50%
credit so there at least the zoning requirement that council was in purg but but you're not required. You could have it be 100% grass, >> but it's >> but it's counts as impervious right now. If you alleviate that, you could have situations where that's a large area
that now becomes 50%. They say, I'm just going to make it grass. I don't even have to go before the zoning board anymore. And now I got two big ruts going down. And I could see that as being the problem. That's the only reason I'm raising. So, you're saying you're saying if they modify it that it should say that the tire that that that
the tire uh surface um >> it needs to require. >> Yes. And that's where my question is like stabilized grass. It's the first time I've seen this. Is that >> like what is that? >> So, for the record, imagine a PVC pipe, white cylindrical PVC pipe, and now
slice it. So, you have an open ring that's a quarter inch tall. And then you you put a bunch of those alongside each other and you melt them or weld them together >> and then you fill you put them in the ground and then you fill them with stone
>> and then you put saw over it. So it's very stable. It would not rust. And if and I'm not telling you to do this, but if you were to Google it, it's done in parks and big civic centers where you
could have a million cars one day and none for the majority of the year and it and it doesn't you can't tell. You don't get ruts. Okay? >> Now, I'm not saying you couldn't if cars drove over it all the time. And here specifically, we're not going to the
Matthews are not going to be driving over that grass often. >> No, I get I was just more raising this as a point to our potential um >> recommendation to the council that if we allow grass, I think it needs to be this technology so that we're not in a
situation where >> just like you have a PA spec, >> we could download a a great stabilized brass spec. >> Yeah, I've got a few situations close to me that this is >> I think at one point water doesn't drain and there's big ruts and it
>> over a dirt driveway. >> Yeah. >> Yeah. It turns into a dirt driveway. I think I think that >> see I think that's the issue right. I I I think that I think that that because the ordinance has stated that it's it's completely impervious and you'd be allowed to have an an all way.
Apparently >> imagine some of you might be okay with that. But our ordinance should should not allow like like um like it should require that you have you know the runners for your tires. It should it
should I I can't imagine that if we modify this that we shouldn't include what Chuck is indicating here and ensure that that there's places for cars wheels to go and that wouldn't be on on unstabilized grounds. >> Got it.
>> Yeah, that's good. Okay. If I if I could offer one more note aside I'm sorry >> when I'm designing a new home on 50 by 150 lot in town and I'm not beating a drum. I'm doing this all the time. If I
don't benefit from that grass strip and I built the house and porches as large as I'm allowed to by right and I have a 440 foot garage that counts toward imperous coverage. If I don't put that grass strip in, I don't even get a
patio. I know this because it's what I do every day. So, when you look at how you rule about that strip, think about those things because you're it drives other things on the site >> and and I literally can cannot get any
patio because the driveways are long, right? At 150 and we want our garages all the way at the back. Got it. So >> what is this counted as now? So >> I have it at zero. The grass I don't count it for I never have. So
>> So we're talking about two separate issues, right? >> We have the grass strip down the middle. >> Mary is not has not counted that. >> So if we need >> she's not counting counting that towards imperous coverage.
She's not coverage. >> So, so right now the grass strip according to her plans and her testimony is the grass strip has not been counted for purpose coverage. >> So, it's 100% same as >> right now
>> same as the and separately the stabilized grass area per conversation with Mr. which I think I think we're all in agreement the way the ordinance is written believe it or not has to be
counted as 100% impervious um that adds Mary calculated 50% impervious that adds 186 ft or the equivalent 2.48%. So it does put us over and we would ask
for variance for coverage in light of this discussion we we do have to do the calculation I don't have a scale so I don't know the population is for the strip. Um but we do have >> All right. So if I could advise if unless again if a council if a if a
board member um feels this is not appropriate, I would absolutely be willing to have that conversation. Um but if that if the numbers I'm sorry I I forget your name. Sorry. >> Mr. Beman. >> Yeah. Beman.
>> Beman. Mr. Beman. Um, if your calculations are correct, I would advise that that that that dimminimous change in in impervious coverage be included in the application just for for safety sake and for correct number sake.
But we certainly, you know, don't view that negatively on such a minimal impervious coverage overage given I just look at look at the lot that's behind you now and how much
that is impervious, right? Like like it's it's really not much to have any argue with it. If if it were going up 20 or 30% more, that's different. But you you're saying 3% approximately. So, so I would think, you know, and again, I don't know if it changes our
questions that we were having, but if if we're looking at now two variances, one for building coverage and one for impervious coverage. Um, does that satisfy the board? Yes. Yes. Yes. Okay. Sorry, we got yeses over here.
>> Okay. So, with that, um, Chuck, anything else? >> No. That was my only thing was just the numbers. >> Okay, no problem. Good conversation. >> I don't want to be dead, but I would look at that as 100% that area that you're talking about
stabilized grass. Water falls on that. Where's it going to go? Going to run through the stone >> concrete, I mean pipe. >> Yeah, it's going to go down. I wouldn't even I would say you're you're taking too big a credit.
It's impervious to me, but it's what make it 50%. Whatever you want to do, it's fine with me. Um, the purple in the backyard, I I think I see where it covers it goes right from the pool house all the way to the garage. >> Yeah, it spans 15.8 ft wide. >> Okay. >> Yep.
>> Yeah. I didn't, you know, there's no lines on my right. You look at the second page. >> Now look at the sec. Cover them up. >> Look at the second page. >> Oh, no. >> All the way to the left. You actually see the purple. >> Okay. Yeah. Now I see.
>> I just was It looked like it was there because I see the post for it and the one side here. >> There's there's no cooking facilities anywhere in the back by the uh house or anything. Yes, at the fireplace there's
a grill. >> So, the fireplace would be up and would be at a countertop level. >> Okay. And just to clarify, you did bring this up. I think we are looking to have potentially a sink >> a sink there, >> but not in either structure. Not in
either building. >> I don't like opening these plans up between my friends, covering up their stuff. They cover mine up, but I agree. I'm like um You know, I there was one thing that was brought up by one of the alternates that
said you're not having any uh bathroom facilities in that pool house. >> And if you're doing it because you think the board may not approve that um >> not permitted. >> It's it's permitted or not permitted. >> It is. >> It's permitted. >> Yeah. >> Yeah. Bathroom is permitted. So even
down the road if they decided to put one in, they would have it would be then a sewer pipe all the way through underneath this stuff you're digging up right now. Some people don't want a toilet. They're partying. >> Gotcha. Okay. They'll go in the house.
>> None of you are women. >> It wasn't for your use, Miss >> Cecilia's not here. >> I have no other question. >> And I see where Phil was going and I think he was hinting towards if it was a consideration, it probably be good just
to get it over. Mr. Mr. Beman pointed potential the sewer laterals. Maybe put the sewer pipe in. >> Yeah. No, that's a consideration. I appreciate you raising it. >> I mean, you mentioned the sink. If there's going to be a sink, I would imagine you're going to have to have a
sewer line. >> Routed such that you could add a bed later that keeps all these people out of your house with all the wet bathing suits. And >> there's a shower in the back. >> Mary's design is killing it. >> I appreciate it. True.
back there too. >> Tastefully done. Um, >> Phil nailed that one question. I had one other question and it it wasn't anything of major significance. It's again open uh straight vertical or what would you call it in the pool? >> Cathedral ceiling
>> and then we're doing a drop down staircase. >> So there's a flat ceiling there. >> Uh the other question I wrote the note down and I guess it doesn't matter just for my reference not the deepest dead. I want to make sure on my notes
here that the center of the driveway is considered grass but will be grass and it's noted as 100% curious. >> Yes, I've not included it in my impervious calculations. >> So, Mr. A, while you're talking about
that, I we did the calculations. So, the uh the center grass uh in the driveway is 252 square feet, which is the equivalent of 3.36% And what that does with our 49.48 as
shown in Mary's plan. Now with the additional square footage of both that 100% as well as the um stabilized grass 100% it adds 5.84%. So the total is 55.32%.
I'm sorry that again total is 55.32% which would be the variance for impervious coverage that we would be requesting >> where 50% maximum is allowed >> right >> so to the extent necessary >> well according to the ordinance it is
necessary so 55.32% and we can condition on this it's going to be grass it's going to be stabilized grass we have no problem having that in the condition because I think that goes a long way What's interesting is your ordinance actually allows um stone to be
considered 50%. But grass to be 100%. It kind of makes sense. >> Being in this course for three or four years now and to be frank, I'm tired of it. This is something that'll be brought up by me most likely at the next council meeting to get addressed. >> I'll come with you, but I want to ask April. April, is is it the entire
council that we have to have that conversation with or is there someone on the council that will be our liaison to the board? That would be the whole council. >> I think we just bring it up. >> Okay. >> Okay. Because I I I I think
>> let's save that for I don't think Yeah. I don't think just getting the letter I think I think somebody who's been part of these conversations should be having those conversations with the council so they could understand the things that were wrangling here. And I don't think that they would understand unless we
have an opportunity to talk to someone about it. So the only way to do that is open council meeting that could >> No, I could I could add to the letter that your suggestion. >> We're requesting a meeting. We're requesting a meeting. I don't know if that would be directly with the mayor or with the VA.
>> Be the council president or council president would be fine, but but I'd like to have a meeting prior to the the council meeting just so the issue could be better understood. Okay. Miss the other thing was where
>> we are providing seven spaces >> where you count the drive the the garage even if you're not using it. >> Yeah. >> Okay. No other question. Mr. Luke, I think we've gone over. Uh I agree with all of the >> Are you going to put a hot water tank in
the back? >> Uh there's going to be a shower in the back. So there will be hot water source. Yes. >> That's that's great. >> Okay. And that leaves me. Um I this more
I'm sorry we've been splitting off question and comments, but it's more into the comment side. Um I do think that that you know given the impending you know Marin and and and what that would mean for the privacy in the backyard, you know, we need to take that into account as a significant hardship
that we know that was that was that is about to be imposed on you. Um and and it was not with um great it was not without great consternation
when we reviewed the dollar and you know it was a major concern and and it was like kind of but I do think that this alleviates that condition in a significant way. It gives you significant privacy in your backyard and is going to allow you to enjoy that
backyard and and and not worry so much about that structure that's becoming. Um I can say and I'll warn because you know like whenever something starts to get built it looks huge and then once you get acclimated to it it's it's not as huge as you thought it was. I mean the
project the project at the White House is is another good example. I mean when that got framed I was I'm like oh my god this thing looks like an abomination. But when it got finished, it was it's a it's a very nicel looking structure now at that end of town. So, I got a feeling
that at the end of this um when that shock's over and it sinks in, it's it's going to be a much nicer neighborhood um because of it. But I also think that what we're doing is is going to mitigate a lot of the problems that that was going to cause for you. So anyway, with
that, um, we're we're going up to public uh public comments, right? We close the board question and open it to a public question, comments.
We got someone coming up. >> Hello. Name and address, please. >> Steve4 HD. >> Good evening. Do you swear that the information and testimony you're about to provide, to the extent you provided, will be the truth, the best your knowledge to help you guide it? Thank you. >> I think Brian and Cecilia are doing a
great thing. The only thing I wish that my backyard was a little bigger because my backyard is on the other side of the room already and I wish my backyard was bigger and he can give me a lot of money. I can do the same thing. >> Good luck.
>> You going to give any money? He can come over and enjoy the the he has access to your pool, right? Are you going to put in the gate? 100% there by by code there will be a date. We'll see if you get it. >> Okay.
>> 1100A Steve. >> Thank you. You swear that the information and testimony you're about to provide will be the truth to best your knowledge to help you got it. >> Correct. >> Thank you. >> When the bill was approved, most of us were protesting it. And we've lost sleep. We've lost money. We've had
heartache over this horrific monstrosity that's being built with no regard to impervious coverage because it takes over everything. So now I have a building going to be built next to my property,
five feet from my property line with decks two feet out, so three feet from my property overlooking my four bedrooms, my two baths, my outdoor shower, my porches. I have zero privacy. I'm so jealous of Matthew. I'm I want
Mr. Matthews to get this. I wish he would allow him to build it three and a half stories high so the Bel Marin can see what they did to us. Um what they've done to us has destroyed our neighborhood. What he's doing. Give them a pool house. Give them I I think you
should be able to have everything there that you have the property to do it. My property, my two family house is on the very back of my property. I'm going to have Zero sunshine, zero privacy. I wish I could build
a 40ft fence just to block what's taken away from me because people deserve backyards. He deserves a beautiful backyard with his symmetrical buildings. It sounds lovely. I just wish you would be able to build it even higher because you deserve that. You fought like the
rest of us, but Steve and I, no matter how much we protested, um it didn't matter. So, God bless. I'm 100% for it. But I just want to say that, you know, people should have 35 foot rear side setbacks. His buildings,
I'm sure there's five foot setback, right, for your garages. Just let them let them go two and a half stories tall. Let him have that privacy that the rest of us aren't afforded. Thank you very much. >> Thank you. Appreciate it. Anyone else here from the public uh to speak?
Seeing none, we'll close the public comment section and um open up to comments. Right. >> Mr. Chair, if I may on behalf of my clients, just make a brief comment board comments. Sure. that hopefully will lead
into um I just, you know, in speaking to uh my clients the other day and a couple times prior to the other day, we just want to be clear with the board that the Matthews have moved on with with the whole project next to it. It's there.
It's going to happen. You know, we just want to be clear about that. We we provided the backdrop um of that project because of the the feeling and the need of privacy uh and hardship that that will be certainly created to their their
property. But at the same time, they we on their behalf, I just want to let you know they've moved on from that and and this is how they're moving on from it. They're they're looking to make a beautiful backyard for their family when they call. >> Please understand that. Okay. With that, um, we're going to go through four
comments and we'll go the same order that we >> It looks beautiful. >> Enjoy many summers back. >> Yeah, I'm in favor of the application. I wasn't trying to create problems on the grass. >> No, no, no. But I do want I do want to
state one thing. I think it's a great application with the stabilized grass back there because that's where you're going to be running around playing. So, I would have more reservations if it went all the way to because it's in the backyard. >> I like the project, but I'm in favor of it.
>> I do like the project and I do in favor of >> I look forward to the party invitation. >> Yeah, no comments other than I wasn't on the board when Martine was approved. So,
>> I would be in favor of this project and I'm I'm certainly in favor. I think I think um that there is a a hardship there. I think that this a very reasonable request that's these two variances are are are minimal in nature and I think it's going to have a
tremendous benefit for you and being able to use your backyard and you are lucky compared to neighbors that spoke tonight uh that you have this option where perhaps they may not. So that's just very you know congratulations to hope that too. So with that Mr. Kennedy
I don't know a lot of relations here but >> so um some of them may have been modified but our standard conditions are compliance with all the promises commitments and representations the team made tonight compliance with the affordable housing uh rules and regulations contributions if any outside
approvals um grading and drainage details be reviews approved by the uh burough engineer Mary we generally have a prior to the co certification uh confirming that the improvements were installed according to the testimony and
the approved plans and the resolution um submitting an adote survey pool combined fence. Um now just I know I said this that the the garage and the cabana are not going to be dwelling units. Correct. We're not going to be utilized as a dwelling unit and
um let's see um talk about some things tonight. um use of semi-pervious pavers which is on the pool gate fence compliancy. Um you talked about those significant hedros typically perpetually maintaining and
replacing and replanting them as as necessary. Uh the shed you said is being removed. We need flood fee compliance, anything like that? >> Not today. >> Okay. um uh the stabilized grass. We're
going to get more on that in a minute. And then in terms of uh so in the cabana, no cooking facilities, no stove, and that's in the garage, too. Correct. >> That's correct.
>> Um electricity. Yes. Um let's see. Um in the garage, no heat, no AC. Okay. Um, now we at one point said no uh
bathroom in the pool house, but then we're sort of saying there's no objection. >> I don't think you have to say if they that would be a building permit if they chose to do it and if they route their sewer pipe that that becomes fut.
>> All right. I I just made a joke here in my notes that if the bureau needs to consider um changing the ordinances on the improve coverage calculations, we we draft Mary for for her help. >> I would love to be part of that.
>> And then uh so we're going to say because of that whole grass median discussion um we are going to uh amend the application to also provide a variance for impervious coverage. And I'll get to this. Um, now I wrote in
here, no no sink in either pool house garage. >> Not in the buildings. There is one proposed at the outdoor kitchen. >> Got it. And um, >> hot and cold water to the new outdoor shower. >> Although I I do want to be clear about
that. There's no prohibition to have sinks. So I don't think that should even be part of the discussion. What what what we can't have is heat and acid. And I think it's limited to that. The ordinance specifically says that. Not only that, Mr. Kennedy, uh, we do have to do a, uh, for the pool house in
particular, we do have to do a deed according to the ordinance, >> a deed restriction restriction, >> correct? >> So, that's for the pool house, >> correct? >> But there will be no living. >> Thank you for pointing that out. I didn't know that. >> No heat or air conditioning
in Okay. And then and so the variance for the impervious coverage is going to be uh 50% allowed 55.32%. >> Correct. >> Okay. And and that's basically just for
clarification purposes that number reflects what the board members are looking at on the plans right now. >> Yes. >> Correct. with the condition that the grass strip in the middle of the driveway and the uh stabilized grass is what will be
installed. >> Um and then stabilized grass and I think >> I think that was it, Mr. Chairman. >> Great. Appreciate that, Mr. Kennedy. So with that, um can I have a motion to approve this application?
>> Excuse me. >> I'll make a motion that we approve this. >> I'll second that motion. Start with Mr. Ross. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. >> Yes. >> Congratulations. Good luck with the project. Hopefully, it's not going to be
too expensive. >> I start as I stated at the beginning of us. Appreciate the time. >> I love that story. What a wonderful story. Hang on. Similar to by >> congratulations. >> I'm sorry. like this.
>> So I did this so it's just really clear. >> Yeah. >> And then you saw these, right? >> Yeah. >> Look what you recording is back on. >> You take call again.
>> Yes. Yes. Yes. We're ready to go. Yes. >> All right. Everyone's still here. Imagine that. Nobody left. >> All right, Mr. Chairman. This is the 2043rd Avenue application. Is there anyone here with any questions, comments, or concerns regarding the
sufficiency of the notice they received? >> I don't see anybody, Mr. >> All right. Board secretary and I reviewed the notice and found everything to be in order for the third and final time tonight. We turn Ted Bianke, our zoning officer and construction official. Ted, do you swear that the information and testimony you're about to provide to the extension provided
will be the truth to the best of your knowledge to help you guide? Thank you. Well, Mark we as a board have before us. A1 is the development application dated December 16th, 2025. A2 is the Burough Belmar uh application checklist. A3 is
the minor land use zoning permit and that is dated November 18th, 2025. Uh A4 architectural plans prepared by Mary Hearn dated December 9th, 2025
consisting of one sheet and A5 is a survey and that is prepared by Paul K. Lynch dated April 21st, 2021. Uh sheet and I think that's it. Um, Jeff
Beman again, good evening. You can enter your appearance. >> Good evening again. Jeff Beman Law Firm. I represent Mark in this application which is for property on third. 204 Third Avenue. >> All right. And if you could just state your name, we'll swear you in. >> It's
2043. >> All right. And just spell your last name. >> M O L O U G H N E Y. >> All right. and Mary Hearn. Uh, and state your name. >> Mary Hearn. >> Okay. If you could both raise your right
hands. Do you swear that the information and testimony you're about to provide will be the truth to best your knowledge to help you guide? >> I do. >> I do. >> Thank you. Let the record reflect that both uh witnesses have been sworn and married. For the record, you're testifying in your capacity as a licensed architect. Correct. >> Still, >> and your licenses and certifications are
current and in effect and in good standing. Uh, particularly since you just testified three minutes ago. >> They still are. Okay. All right. Good evening. Have a seat. And uh Jeff, if I could just ask your question, your client a couple real basic questions. Hit the ball rolling. Sure. So, we're talking about uh 2043rd Avenue. Are you
the owner of the property? >> I am. With my wife. >> Okay. And how long have you owned it? >> Nine years. >> Nine years. And my notes reflect there's a single family home. >> Yes. >> And do you live there? >> Yes. >> Okay. Jeff's all yours. >> Okay. I have three additional exhibits
that I will pass around. >> All right. The first is A6. So A6 is a photo of the existing patio. >> And you know who took it? >> Art, did you take this photo? >> I did. >> Okay. Relatively when?
>> Four hours ago. >> Pretty pretty pretty >> fresh. Good indication. >> I just thought you'd like to have see what it looks like right now. Very good. Watch your step, Jeff. >> Thanks.
>> And A7 is going to be what? >> A7 is going to be an aerial. Uh there's an aerial and some photos of the old house, photos of the new house, and photos of the streetscape.
>> All right. >> They're good at passing. >> All right. And then A8 is >> a identical to the site plan on what was submitted but for a small coloration. >> Yeah.
your foot there, >> Mary. That's sweet. >> Very sweet. >> You'll share or no? Yeah. >> More. Want another one? Great. You got it.
>> Thank you. >> You're welcome. So just a brief overview. So this is an application for uh a barrier for building coverage. 28.6% proposed where 25% permitted and impervious lot coverage 52.1% proposed
where 50% is permitted. We'll provide testimony as far as those variances go. Um, but what the applicant is proposing to do is to have a open wall pool house because that's what it's called in your ordinance. It's more or less a cabana.
What everyone would picture as a cabana or an open gazebo, but it's an open wall as opposed to closed wall like the last application which had four walls. It does have a solid roof. So, it it goes into your calculations for both building coverage and impervious coverage. In
addition to that, there are some um hardcape that uh Mary's going to testify about that is going to be added and that and that is between the additional building coverage and the additional impurities coverage for the hardcape. That's what creates uh the barrier is
the relief that they're requesting for uh this evening. Um unlike the last application, the driveway is fully solid. So, um that is accounted for 100% um and and there's been no credit for the driveway. So, I believe the calculations on this application should
be uh accurate. Um and the at that this point I'll just ask Mr. question. So, uh are you indicated you bought the property nine years ago? >> Yeah, it was actually 2016, >> right? >> Okay.
So almost 10 years ago I guess give or take. Um and I just wanted to point out the uh what's been identified as A7 which starts with the aerial >> these photos >> the second sheet >> the second sheet if you go to the second
sheet and yeah and the third sheet. So those photos that I'm looking at uh the second sheet was that what the property looked like before you or when you bought it and that's what the front looked like. You know what? We don't have a view of his uh >> the whole gone.
>> I don't know a lot of you guys are from town. I don't know if you remember his house here was very famous. It had a enclosed pool that went from the back of the house all the way >> to the other property line and it had to be maybe
20 ft 25 ft across. So it was a huge structure in the back and I wish we would have taken a picture of it. But yes, this is uh this is B. And I'm going to bring you to page three. That's what you've done with the house. >> That's what Mary designed it. And uh
Yes. And I'm going to bring you to page four, which is a photo from from Google. Right. >> Uh and and that's what the house looks like basically today in the sunlight, not in the dark. >> That's correct. Okay. And so what do you have to the right of of your house or the east side? So to the east side of
the house is a twostory brick twotory brick uh I'll say garden apartments that's got a uh a walkway on a second story that goes the uh blend of the building in between that building and my house is uh just a driveway a
driveway and parking spots. And I'm going to now refer you to what was identified in March 86, which you said you took about 4 hours ago um that depicts the the side of the house where that apartment. >> Yeah, that's exactly. So I was trying to
show uh the pearl or pool house open wall is going to go over it. We did try to minimize uh the effect of the building next door by planting those trees and we did it alone back as well. It it was pretty bad.
When we first built the house, you open up the back door, you felt like you were in a uh a fishbowl because we've got uh the commercial building behind us that might be four stories. Then there's one diagonal and then the one next to us. So
the landscaping helped tremendously and it's it's grown up, but it's still less through. And so we're looking for a place where we can have, you know, I would say some privacy for but yes, that's exactly what it looks like now.
>> And and in addition to privacy, you're also looking to have a little some shade in the backyard as well. >> Yeah, some shade. And we probably do some cooking under there. We would probably put some we want do want to have electricity is the only utility that we want there. And uh >> And you may have a gas grill or
something like that. >> That's right. A gas grill. Yeah. Not a hard wire a hard line gas grill, just a propane tank. >> Okay. >> Not that you wouldn't be, you know, you would have a hard hard line if you chose to do that. >> Yeah.
>> I don't, you know what? I have a couple of propane tanks. I don't have a problem with switching them out and going and getting them filled. >> I'm going to have to pause for a second. I'm just getting an alarm on my car and I just have to go check it. >> You need me to vacuum? >> No.
It's weird >> problem like it's getting to or something. >> Yo, >> happy new year everybody. >> Congratulations for your >> appointment. I did not
>> just recycle John I love it. I wanted to fly back to Florida, put my car on a trailer, send it back. >> All right. Sorry about that. Sorry about that question.
>> So I I I think that um before the uh before that I think we're I was finished with any questions for Mr. Okay. So uh I will bring Mary up to testify. So Mary, you know, why don't you just provide an overview of of what's being proposed
here and we could talk about um your exhibit A8 as well. >> Yes. So, um, on the second handout where there's a little bit of yellow, that is my site plan on my cover on the one sheet that is submitted to you prior and
it just indicates what we're going to be doing new. Um, Art came to me probably a year ago wanting to do this and he wanted to put the patio in when as soon as he could. So, he's
already put a majority of the papers there and gotten a permit for it that has brought him up to 50%. Unfortunately, I have a survey from prior to that. So, in my chart, I have us existing
building coverage at 26% and proposed at 28%. That's not changing, but I have my impervious at 47.9 on the chart based on the survey, but that's already been brought up to 50% on
the site with a permit. And and so we helped him with those calculations so that he knew he was playing by the rules, knowing that we would come here to seek relief for the building coverage and and if approved, then he's got the
the flooring down for it already. We'd have to put in footings for the columns, but other than that, so he's had a lot of planning on this. Um, again, there are apartments immediately to our east. His backyard is pretty much
filled with this pool and pool patio that's concrete, so not as easy to maneuver and take up if it were pavers. And their hope is to provide a shade cover, a covered place to cook and hang out down there with some privacy from
people that might be on that walkway or balcony on um on the east side. So again, I'm going to say this. If Art and Mary Sue Susan Mary Susan So if they chose to put a detached twocar garage
here, they would be allowed that at 440 square ft exempt. They don't have the room for it where their pool is, but if it was their choice to take up the pool, they could build that big a structure and not be before you. So that weighed in, it's identical to the last
application. If you build a 440 ft detached garage except from building coverage, you're actually building 30.8% footprint of roof structure. >> Can I ask you a question about that because it came up on the list application as well and I just want to
make sure we have some clarification on this because it may have to go onto the list as well, right? >> If if if they're if an applicant let's say in this case you know is is opting to do that in L of building that 440
foot garage. There's nothing to really think about or talk about. But if it's not in lie of because he could still come back next week and get a 440 foot garage, >> but the way the newer >> No, I understand. But I but I I'm just saying if we were to approach if we're
going to speak to the town, maybe this is another thing to talk to the town about to say they should be allowed to opt to do this without getting a variance as long as they're giving up the right to build that 440 foot garage. >> So your ordinance says if it's a garage
you get that exemption. All you would have to do is say or cabana, >> right? And I'm saying we could amend the wording in such that because as it stands right now, if we approve this variance, right? >> He could still come back and build a
440T garage. >> But that that doesn't include lot coverage. >> For building coverage, not lot. >> He's over on lot coverage. He'd have to come back. >> Yes. Yes, he would. Okay. So that in this case all right. But I agree with
you though. If it that would solve it if it could say that or um and is is a pergola and cabana the same like are they interchangeable words? I don't >> Well, no, because your pergola is defined differently and this is not a pergola. Your pergola is defined open
slat structure. >> Okay. >> Okay. >> All right. So, this is called the cabana simply because it's a solid roof of four post. Correct. >> Right. That's called the cabana. >> And now you're allowed that as an accessory structure. >> Understood. All right. Thanks for the little detour there. Sorry about that. >> And the way the ordinance is, it it
doesn't define a cabana, but it does define a pool house. And it doesn't distinguish a pool house that has walls that are enclosed versus one that has walls that are open with what like what we're proposing with this application. Um to go to your point that you first
brought up, you may want to consider, you know, anytime you change the zoning ordinance, it has impacts, right? You may want to consider having something that says accessory structures not to exceed 440 square feet and just have a general accessory structure. So pool
houses are accessory structures, garages are accessory structures, uh sheds are accessory structures. You know, you might want to go along those lines. I just throw that out there. It's not part of this application. Just make sure there's no >> pool is considered an accessory structure. And a pool is considered a
sex accessory structure, but it doesn't it's not considered impervious coverage or building coverage >> because it's it's addressed specifically that way. >> Okay. All right. Yeah. So, you do have to be careful as as indicated. You don't obviously pool's
not going to be building coverage. So, if you're looking at building coverage, right, >> it would be accessory structures with roots, >> right? >> Okay. Um, so Mary, go go go ahead. I think you were talking about >> so if if approved again we would be at
28.6% building coverage which is simply adding the roof of this structure at 192 ft and we're allowed 25%. But we're significantly under what what could be built if it were a garage.
Okay. Now, while we were coming here, we're also seeking a dimminimous 2.1% overage on imperous coverage to connect the pool patio that's already in place to the pergola and the walkway from the
outdoor shower which goes to the stairs of the deck. Simply adding that little bit that's in yellow to the pergola as well. So um so we're here seeking those two small items. Um our hardship on
building coverage is I think having privacy to the neighbors which is unique to this site and the hope that um the town feels this is less intrusive than
even a garage would be. So um we feel it meets the C criteria >> and we mean the setbacks, we mean the heights, correct? >> Yes, we mean the height, the setbacks, uh, distance too, and all those things. >> Uh, and as far as the materials, and I
apologize if you say, but the materials on when we're looking at A8, your yellow materials outside of the proposed pool house. What are the materials there? >> Semi-peries papers. So your when you did your calculations, you accounted for that as 50%.
>> We did >> and we accounted for it when we went for the 50 when you got the permit for the 50% but now they both jump because of the roof. >> Right. So so the pool house itself
because the solid roof doesn't have a 50%. >> We don't get 50% credit on those papers anymore. And and if it helps, they are semi-pervious and there are no walls. So some rain will get to those papers. >> It's going to drain, but the ordinance forces you to count it as impervious
because there's a roof over whether or not it's >> whether there are walls or not. Right. >> Okay. Anything else with this presentation? >> That's that's it. >> Okay. With that, we're going to open it up to board questions and we'll go to
the list. Okay. Uh the one question I have is other than adding the structure 92 ft. It looks like you're adding a net of 57 square feet. Exactly.
>> Of the pavers, which would be 114 gross. >> That's right. >> So that that is your yellow area. Yes. And and I it wasn't super clear to see that, so I wanted to highlight it for you. >> Yeah. I just wanted to make sure I I had the right numbers in the right >> exactly the right numbers.
>> Okay. That's that's all I had. >> Nothing pretty much understand. >> Um I'm just going to make fun of Mary a little bit because it's a very simple roof. Usually, you know, >> that's it.
>> That's what my client wanted. >> That's all he wants. That's what he gets. >> No questions, Mr. Craig. No questions, Mr. No questions. >> No questions. >> Questions? >> No questions. I We almost We were unanimous except that I do have
questions. >> I'm just curious why why wouldn't you do a garage that would have like a side open towards the yard? Um if you're allowed to do a garage that you would need no barance, right? like like I
don't understand like I I mean I'm I'm fine. I'm I'm not objecting and I'm not encouraging you to ever change your plan. We had talked about this for a couple years and fair to say and I know that if I vote for a garage I can, you know, just just build it. But that's not
the look that we wanted. I want to extend my driveway. I just want to be sneaky about it and put like garage doors on it. >> I'm asking the question for a reason, right? Because you could build a garage and just get on permit. >> Well, no. No, because you you would
remove the building cover. >> Yes. >> So, you'd be coming to us for a lock coverage still need larger >> at a distance to pool. >> Okay. It would be larger. >> Okay. All right. Okay. Very good. All right. You've answered my question.
>> I wasn't saying you should answer. >> Okay. Great. I don't have any other questions as well. So with that, we'll close the board question section. Open up for the public. Anyone here from the public to speak to this application? No one's raising their hand. We'll close the public session. We'll go straight to
board comments. Same order. I'm in favor of the application. >> No comment on I like the idea. >> Looks good. I I have no objection to
>> All right. The standard conditions uh would be compliance with all the promises commitments and representations the team made compliance with any affordable housing regulations. Contributions if required uh grading and drainage need to be reviewed by the burough engineer if necessary outside approvals. Mayor we have your
professional certification confirming that the improvements were installed in accordance with the approved plans testimony and resolution. ultimately an NFL survey. Um and uh so it's it's not enclosed. Okay. And
um let's see. It's not going to be utilized as a dwelling unit. Correct. >> That's correct. >> And some of the things we talked about tonight were uh Jeff, do we need a deed restriction here? >> So actually, I'm glad you brought that up. Um I I would ask that they waver a
deed restriction under the conditions that it remain um any any of the walls remain open. If at any time it is enclosed by all four walls um which I think you'd be entitled to do with the variance. If at any time it's enclosed
then at that point a condition would be that at the time of enclosure a deed restriction would be required. We'd ask for a waiver but for that >> and just for the record the burough ordinance requires the deed restriction to say what >> for a pool house. So so the burrow
ordinance requires the de restriction. It says um the pool house use will not contain heating and or cooking equipment nor air nor contain air conditioning bedroom and or living quarters kitchen or be designed for cooking for sleeping
but may contain a half bath with limited hot water capacity. Um, in this case, we like many pool houses, we are proposing to have a grill. We are proposing to have um I think there's some sink and some outdoor kitchen space, but again,
it's not an enclosed space. So, I think that's the distinction here than what I think probably was the intention of a pool house being fully enclosed, but it doesn't say that. So, for clarity, we're asking for a waiver of the deed restriction. >> Mr. Can you put a bathroom in an open
air? >> No, but you could enclose the bathroom underneath. >> Yeah. >> All right. It's then perpetually maintaining that that landscaping there that is there. Um and so the uh Did I
hear electric only in the cabana? There'll be electric and water and water and possibly natural gas. Um, and I don't need anything about semi-pervious papers. Correct.
And then Mary, you had just said something about um need about a different scenario. We need to vary for distance between the pool and the structure. Is that not needed here? >> Is not needed in the pool, house or
cabana. It is needed if it's a garage. >> Got it. And that's what you were saying? >> Yes. >> See, Mr. Got it. All right. Um so, Mr. Mr Chairman, I think those are the uh essential conditions. If that's acceptable to the applicant of the board, uh we can have a vote. Great.
Thank you, Mr. Kennedy, for summarizing. So, with that, would someone like to make a motion papers? >> Thank you, Randy. >> Yes. >> I thought he just said we don't have >> Oh, is there is it semi-pervious papers? >> Yeah. >> Yeah. Got it.
>> Thank you. >> It's on the plans. I I didn't know that for the plans. Got it. Okay. So, we have a motion from Mr. Craig. I'll be I'll second the motion to approve. Okay. >> Yes. >> Yes.
>> Yes. >> Mr. Mr. >> Congratulations. >> You could be asking for a lot more. >> I don't know if you remember. You remember going over to that house many times?
>> 2016. I'll make a motion to No, I was in January.