adequate notice of this meeting of the zoning Board of adjustment was shent by email to the As and the coar our official newspapers and posted on the bulletin board of the munal building call Mr Ross Mr Mr Mr Mr oal Mr and Mr ala and M brazelle are absent okay everyone flag United States stand naice let's hope we do well in the Olympics this year C got some visit good evening uh yes so oh you want to do the minutes first I have a motion to approve the minutes of the june7 meeting I'll make that yes okay Mr chairman the next was approving the application of uh 4 49th Avenue that was both Vari to cover over a second story balcony and the application was approved and the only conditions of note were I think just touch up plan PL confirmation that the originally existing structure was a one and a half story structure and I think confirmation of the property somewhere inaccurate on the plans I think and also just that there be no enclosure of that covered second floor balcony theal of Zing if those are acceptable they can ad yes Mr yes Mr Mr yes Mr chairman the next is a resolution dismissing the application without prejudice this is Kristen CC Mara 103 9th Avenue Unit 8 you'll recall we had that last meeting and there were some issues and question concerns that the board want to address regard to the association and uh the applicant's attorney thereafter submitted a written letter saying we're just going to withdraw the application uh so this dismisses the application without prejudice we do that for a couple reasons one get cleared off of April's books two there's always the possibility that applications hang out too long and become stale be automatically approved and this lets April uh return any money we have notice from them saying they they requested that application yes uh the the attorney spoke with me and then he actually sent a confirming email before we we have to approve that we'll just dismiss that resolution dismiss the application before we do I just want to make a comment on that um it's clear you know given what has transpired since the meeting that there were a lot of misrepresentations made during that application uh I I think the attorney misrepresented um um things I think that the architect misrepresent leading us to to lean to think that there was at least a minimum of a one foot sepa which which actually did not exist um I just want to reiterate you know when it comes to these hearings that that we're taking um these professionals you know at their word I'm not really sure what the recourse is if if if they were to come back and continue to pursue this but I I feel that the false information that's provided to the board meeting is is is is a problem and have to be cautious of that not only for this absolutely application but for all the applications going forward because we have we want to trust what's being presented to us as accurate we can't trust it um you know these meetings are going to take a really long time to cover excellent point and I would add uh three things in response to that to supplement that number one in a weird way this does prove that the system works because we said well hey we need more information and some of you said should I take that to a vote accurate um information was testify that's number one and number two um there is a line in our resolution is very standard that everything that we do and everything that we voted on is based upon the truthfulness and the accuracy of the plans and the information and if there's any issues you know everything potentially brought up and and number three um did one of the things that uh we can start doing if is in that with uh sometimes when we approve applications with conditions um sometimes if you want we can put in there a requirement that the applicants engineer architect or whoever the professional is certify after the fact that the revisions have been made in accordance with the plans were approved and in accordance with the testimony in accordance with the resolution and that will be just the one other system of the checks and balances so it's not just on Ted and April to figure they have to certify that those conditions have been satisfi okay all right so we need a motion to approve the withrawal of the application I'll make that motion I'll [Music] second yes else that's it for me okay nothing else to cover we could go right to we we do the other thing at the end okay there's something at the end so um after the last case I just want to ask the board to stand by because April has something she like to cover um so with that we have four applications tonight um to say to the audience and you know we have a hard stop at 10: so I'm going to ask each applicant to to Max budget their time to one hour In fairness to the other three people that are coming behind you are two people one person coming behind um should you need more time if you go over hour okay you can stay here tonight and then if the other applications don't take up their full time bring you back at 9 9:30 so it's not like you can't be finished tonight but I just want to be clear that In fairness to everybody I think an hour is more than enough time for the applications that I'm looking at and if it's not um we're going to have to cut at an hour and then Circle back at 9 or 9:30 if we have time left and if not then we'd have to reschedule for a future meeting Okay so with that our first application for tonight is s Co Property Management 1223 okay and as the team comes forward we will Mark into the record what we as a board have before us A1 is a development application and is dated January 31st 20124 A2 is the minor land use zoning permit and that is dated uh January 19 2024 January 30th 24 A3 is a survey and that's prepared by Charles Ali and that's dated May 26 2020 A4 is the application checklist and A5 is the uh core plans and elevations prepared by um dated uh February 2024 consisting of two sheets prepared by sheit Design and development and you'll recall that we took notice uh two months ago at an application and so what we're going to do the accepted jurisdiction accepted the notice we will swear in uh for the first four times tonight Ted bian Ted is our zoning officer Ted do you swear that the information and testimony you're about to provide to the exent providing will be the truth the best your knowledge to help you guys thank you and uh good evening this is John Anderson the applican attorney good evening and welcome to B hi John Anderson on be of the African C Property Management called 23 Road as Mr Kennedy said previously except jurisdiction uh this property is undersized property within your 50 Zone it's about 3,750 ft where your otherwise 5,000 ft it's presently developed with a single family home it's two story home it's got a um a driveway that runs to the dep of the lot right hand side accessing a existing attached garage and the proposal here is simply to add a small addition to the first floor only second floor stays onchange driveways onchange Gage is unchanged the um the additions just over 200 square ft um not really going to be very visible from the road uh because it expresses itself along the depth of the house so it's about a 5 foot wide addition we're going to hold all the setbacks uh we are going to be within the height we're within well within half of the flary ratio but we do require two small variances from you this evening one coverage lot coverage um probably not a stretch to say they're relatively Ben Minimus the building coverage is just a 1.7% deviation and the lck coverage is 39 overall the home is pretty modest as it is it's just over ft The Proposal is going to take it to 1385 Square ft so it Still Remains a very very modest home from the owner's perspective the extra space is pretty essential because it's set up like a of a box car style so you walk into the home to get to the next room you got to walk through one room to get there this allows for a little bit more flow a hallway with whens off of it greatly improves overall and we don't think it comes with many negatives so if we could get Mr shash sworn in he'll tell you about the point sure and just if you know off hand just because it's an LLC do you know offand the principles of the company if we can just do an internal conflict check yes absolutely so it's Mr Michael Oro he cannot be with using fromal surgery but is the only okay any now hearing those names any conflicts question okay none so good evening if you could just state your name for the record sure Al and just spell your last name sh SS I as s h i SS I as s correct and your business address 27 First Street 1s in lson New Jersey all right if you can just raise your right hand do you swear that the information and testimony you're about to provide would be the truth the best knowledge to help you got yes and just for the record you're testifying tonight in Your Capacity as a licensed certified architect St of New Jersey and licenses and uh uh certifications are up to date yes thank you yes so is Mr Anderson give a good rund down uh the existing home uh single family residence uh primarily is very narrow uh the second floor uh has three small bedrooms two in the front um again very narrow one in the rear one bathroom on the side at the top of the stairs that's unaffected by the proposed addition uh Mr cako uh when he approached me the issue was to make this a longer term house for his family to enjoy in the short term uh uh during weekends things like that he wants to enjoy the the house more with his family uh bring people down to Belmore uh with him the first floor really does not work very well you walk into a small alve living room and then a combined kitchen dining in the rear everything is very tight uh very small bathroom uh definitely does not meet code uh next to the stair uh the the prerogative was to create a small flexible additional bedroom on the first floor uh while maintaining a usable living room and then getting a a full bath on the first floor uh obviously up to cod as well as getting a uh larger kitchen with an Eden dining uh as well as a laundry that's currently located in a Yankee basement very difficult to access uh very low Headroom so uh the solution was to add to the extent that we could and and still stay within setbacks uh he probably would have liked to add more addition to get more Dimension but we felt that staying within the setback was important um extending out to the left side uh we have the bedroom bathroom kind of in the middle toward the front with the living room a lot of challenges to the floor plan and adding a laundry uh uh laundry and kitchen at the rear the the proposed elevations show that the idea is there's a there is a lower first floor roof over a on story extension toward the street the thought is just to wrap that around the side of the house which will actually kind of scale the house down fairly well um and that would cover the on story 5ot projection uh just for reference brought in aerial um should Mark that so we're up to A6 I think A6 is an aerial photograph correct is that like a Google Google yeah I'm not sure how up there the the property itself looks current for what's existent I don't know what date it was can you identify the subject property yep and Google even has it marked per the uh street address is 1223 so you can kind of get a sense of the density of the neighborhood it is pretty dense I think right now the house is pretty in scale with the neighborhood it's about five that's 28 ft which is about 7 ft under the max height so um the thing that's really driving the two variants is again I I feel relatively minor the lot coverage and building coverage is primarily the driveway that to access the rear detached garage and the garage itself uh the house itself is again I I don't think I scale by any means with the neighborhood can you can you give the board the um existing square footage for the driveway and the garage respectively yes the existing driveway is approximately almost 900 square ft 896 and the garage is 246 so if you add those up that's let's say call it 1150 so that's 1150 of the proposed uh 2200 roughly square feet more than 50% of the coverage is occupied by the driveway attached garage which are there corre correct and it's difficult you know talked to Mr cako about is there a way to reduce a driveway he he felt by living there he really did not like that idea of cutting a driveway back at all I can understand why it's it is very difficult to access the drive right now and removing any driveway uh seemed to be a challenge so Mr do have some photos of the home maybe better illustrate the conditions y so Marcus is A7 this is a photo board containing four photographs correct subject property yes and taken by they were taken by me Mr Kennedy okay roughly when uh last we thank you Mr you're familiar with the home cor yes the home this this evening yep throve by today everything seems to be the same from when I started the project um yes those appear to be accurate representations of the home at 1223 correct yep yeah so you can see from the street view a front elevation uh the front door is going to stay approximately where it is we're proposing to rebuild a pretty dilapidated uh stoop uh small landing at masonry presumably uh this is also kind of a a right sided front view so you can see a little more of the driveway you can kind of see the garage door in the back how it lines up and how it would be difficult to reduce the driveway in the rear uh the garage itself with the garage and the Mand door you can see driveway that's shown in the site plan and Survey um and again another another front view any other um any other lock coverage other than the principal structure the uh garage and the driveway that's far front wall count yeah I would say the the other things contributing would be the front walk which is pretty small uh front steps as mentioned that's going to get reconstructed uh slightly expanded to meet code for a landing uh rear stoop and steps will remain the same uh an outdoor shower uh which is going to get relocated currently it's on the sidey yard we're going to propose propose to put it at right at the rear uh just due to the setback being only 5 ft and also relocate a single condenser unit uh to the side there no no pools no large outdoor patios or anything like that that we try n if the lot were hypothetically 5,000 square ft which is the minimum required for the Zone would the proposed home comply with building and lot coverage yes yeah by far if everything was to stay the same and a lot width just increased to 50 which maybe was the intent of the Zone instead of 375 yes would be well within coverages and based upon your site visit the areial you showed is appear that there's any adjacent available lots that could be required to in any way amarate our lot width or lot area deficiencies I don't believe so I think they are all already minimum lot I believe minimum lot size I'm sure the owners developed and developed y any um um let me ask you this so you design the 5 foot wide addition to the given that it's going to fit within the setbacks for the lot do you see any obvious detriments to the public good or the Zone planner zoning or connection I don't think so uh again pretty binous uh as far as an addition goes 5 ft is pretty small obviously very important to the owner to get 5T because it's going to be pretty expensive on a square foot basis to do that um I I think if anything it well definitely makes the house more functional which I think benefit um I think it scales down to one side to some extent so I don't see a negative uh the neighbor on the left were within the 5 foot set back so and we're again we're talking about a one story Edition no intru on light air open space yes um based upon your tour of the neighborhood did it appear that what you've designed is harmonious with the other homes in the neighborhood yes yeah I don't I don't think it's out of scale I any fur questions profs ask we're going to combine all of our board questions at once as opposed to do it individually so you done with the presentation uh at this point my my only witness is the AR okay great so we're going to open this up for four questions at this time I have a question about moving the air condition condenser Ted doesn't that have to be within the 5 foot setback Well it can't be in the 5 foot setback I was going to ask cuz show the AC unit okay when you extend the structure that has to be beyond the 5T can't be in the 5 look said yeah me have to go in the back yes I yeah I didn't I didn't realize that so I think the homeowner would be okay with moving to the back just a longer run a little less efficient I think that's that's fine that's the only question okay so so I just want to clarify so so we're agreeing that the air conditioning will be placed in a in a code compliant location in the rear of the house rear yard Beyond yes and and the showerer and then yeah currently prop no already answered it this is one of appliations is from the addition on the back the addition is actually on the sides so it's just it's like taking the first Flo extruding I thought I saw a fence across your driveway are you able to pull back to the garage on the driveway or cars I thought there was maybe May right two months ago when I went by the S was a fence that went ACR theway can you access the entire driveway with vehicles right I do see that it's open in this photo I've not Clos myself I didn't notice it but it looks like it's a double gate okay um so you're saying if it's if it while open can you drive through it or if it's that's my question I guess my question if a car if if a car can't get through it then it can't count as a parment correct so 105 and then figure minus maybe it's a little less than 10.5 10 n it looks about 9t so an average car with yeah so my question I guess ultimately then is do you have enough parking on site to accommodate because I think you're adding a bedroom right the additional bedroom yes I believe I believe so rsis would probably consider the onear garage to be two spaces and then you'd have the full depth of the the driveway which extends basically depth of the MoDOT the garage itself the driveway itself is about 80 ft from the face of the garage the property line a little bit more than 80 so I don't know do the parking spaces need to be on the front set back and B they can start that at this your property right at the property so then there would be four spaces which I think would C excluding the excluding the garage you're going to need three need three so we have four excluding the garage more than that okay we're question open up to public questions anyone here uh from the public to comment or question regarding this application that would be raise your hand and come to the microphone seeing none none none none going once going twice none so we're going to close the public session and we'll open up to board com com no comments only comment the only thing you can do and and and I and and as stated um you know the you know just you know for the record the the increase of 1.7% over building lot coverage and 3.9% over lot coverage is is one of the smaller asks that I've seen in the 12 years that I've been here when it comes to lot or building coverage um so uh I appreciate um you know keeping in the size of the lot and you know we don't have any objectives here so you know with that Mr Kenny I think we could sum up sure if the application's going to be uh approved some of the standard conditions would be compliance with all the promises commitments and representations the team made John there usually a requirement that you get a building permit within 24 months of adoption of uh the resolution compliance with all affordable housing uh obligations and contributions creating and dra details to be reviewed through by the bur engineer outside approvals and obviously the outside approvals uh change the nature of the application requested relief they have to come back we just talked about that uh we can just get a certification after the fact that the plans have been revised and prepared in accordance with what was approved as a testimony in the resolution and uh uh air conditioner in and shower in a zoning compliant location about the outside showers how it has drain I need to put anything no and then the only other conditions that we talked about were um uh okay we'll just make sure that theodes vehicle and I think that was it Mr chairman so if that's acceptable we can adopt that thank you all okay and as the team forward forward a couple of first up is there anyone here any questions so the board secretary and I reviewed the notice and found everything to be in order so be my opinion that we have jurisdiction to proceed us the appliation and it's dat April 10th 2024 and A2 is I'm going to call it application narrative or description attachment and A3 uh is a series of two photographs a3a and a3b and Mr describe them uh A4 is the application checklist A5 is the minor land use zoning permit and that is dated March 20th 2024 March 21st 2024 A5 and A6 are the floor plans and elevations prepared by MB Hearn architect as dated March 18 2024 consisting of six pages and so what we'll do is we will again Ted bian Zing official do you swear that the information that you're about to provide to the ex providing will be the truth the best you know to help you thank you good evening Mr shers good evening hangers couple board members just have a question intense denial uh he mentions that the new structure is not in compliance with 40-73 could you educate us on what that non comp says related to fire could you tell us more about what that not comp the new structure does not comply with Mr before we get get there could we finish marking the exibit mman have a couple more or do you want to just no well the board before we start hearing the board is asking his zoning offer a question regarding his denial I got okay I know you're going to want to get into that I think it's fair for to educate us [Music] you can't expand anything you can repair what's there right but you can't expand right okay and this is apparently expand okay so so the new structure that was proposed is not in compliance that's what you're saying the proposal um triggers that that coin Mr chairman I say I think in t WR so previously there were two structures on the lot which is a non pre-existing non-conforming use and the pre-existing nonconforming use regulations are sort of weird but it says if uh they're allowed to exist because they grandfathers pre-existing but the caveats are if there's a little bit of damage you're automatically allowed to repair it to where it was but if it's totally damage you lose your rights and so this apparently what I'm told is that fo is completely damaged and demolished so they lose their rights so they can't rebuild the second home site unless they get Mr Kenny I'm not question what you just said but it just seems different than what Ted told us Ted's indicating they can put back exactly what was there and you're saying that they were relinquishing the rights to do anything so Ted's saying they can do that if they get used variance approval to put because he's saying it he can't just they can't just put back a second foiling on the lot unless we give them usings approval to do that even if it's destroyed by fire right you can put that put back exactly what was there right I understand expanded you can't go understand I understand it that's what I if it's not exactly like that I that's what I heard Mr K said that back to zero he correct got it you got it okay now we got that out of the way Mr shers please proceed oh by the way you weren't here um 7 it's 6:35 7:35 and then if after the other cases you can come back if we go pass out oh no no just I'm just you were not in the room M was verbosity has come out of me so normally always agree with Kevin Kennedy and we generally not disagree with his interpretation but my hat is off head Ted called it and that'll be a little bit of my opening statement once uh if we can just Mark Mary's a couple of exhibits so we can stream along all right so we are A7 A7 is a photo board four photos on the front of the subject property three photos on the back of the subject property and the neighborhood that's a A7 and those pictures were taken by you yes roughly when uh yesterday okay that's a pretty accurate depiction of what exists yes the aial are off the internet A8 is an aial photograph no no no no the Aerials back A7 I did not take go and they do not depict exactly what's there because they're old enough that they actually show the original home that was destroyed got it then I have a colored site plan so that's A8 is an illustrated site plan prepared by your office yes date today24 I have colored elevation separate so that's A9 Illustrated today elevation MB earned today and it's the same as what submitted but for the that is but the previous one is not the site plan I enlarged got it it's identical but enlarged you want any of this up or you can keep them for when you're ready Mr Ken Kennedy I don't know if you did anything but if you would swear Mary Hearn J sure Mary to state your name for the record please Mary hear and business address 17 sweet main streetm do you swear that the information and testimony you're about to abide will be the truth best your knowledge to help you that I do just the record you're testifying tonight and as a license certified and all your licenses and uh certifications are current and up to date correct correct and I think you've been here before so Joseph kba hello good evening state your name and uh business address please Joseph sh kba Engineering Services Manis all right good evening and do you swear that the information and testimony you're about to provide will be the truth the best of your knowledge to help you got I do and for the record you're testifying tonight in Your Capacity as uh licensed engineer license and your licenses and certifications are current up to dat that's cor and you two have been sworn and accepted by this board as professional cor my final person John John stand are John is the executive of the estate of Francis Cy and I may have a question or two for him along the way so I just ask hello good evening and welcome to the Belmar Zone board if you just state your name and raise your right hand John J okay and address 675 right Camp Road Woodland Park New Jersey 074 okay do you swear that the information and testimony you're about to provide would be the truth best knowledge to help you guide and you're the executor of the subject of State thank you for record William shers Shamy shers [Music] andmar and may I make a brief opening statement sure absolutely Mr nothing first of all I'm standing and I'm standing for a specific reason um on 31523 Francis Co mother uh and grandmother well if you just raise a hand here was in attendance lost her life left the Earth from s of and I take 10 seconds of a moment silence for her and her family who I'm honor thank you I'd also like on behalf of the family just to thank the First Responders I believe I don't have the article in front of me but I recall it I think Frank CA was alerted with fire I think some of the new um elected officials or appointed officials ran to the fire tried to assist and I have a personal name when I was 25 years old I tried to rescue a woman from a burning building unsuccessful and uh it's tragic J so I'm humbled I'm honored that myself and Mary and Joe to represent them for this home and I don't just look at this application as any application I look at as an application that hopefully reunite and help he a hole like that hole in the block that exists from the passing of Francis um this was the Gathering Spot of multi-generations they owned that property for now about 50 years or so and Mr fitzgeral you're the only one on the board that voted for back home's addition in July of 2014 so you're a legacy from uh helping this family don't try to butter me I like the argue it's all how it is I just wanted to also point out both of us are I thought you going to point out that I live on Sur oh no um so on behalf of the family um Mr bian is very correct Mary designed a replacement home and uh with Mary's judgment you'll see when she testifies the old existing home had um more inconsistencies it's was set on the property in a I want to say poor position but not as good as Mary design this new home uh in particular there is literally no difference in amount of bedrooms and bathrooms from the home that burned uh but she did shift the footprint F went from 58 to 59.5 Marginal difference tried to keep it very similar as to what existed previously and those tweaks and differences to make a better home than rep placing the existing home on what we felt was an inferior footprint that's why we're here as per Mr be thank you and Mary will be my first witness okay you want one Mary I'm going to step out of your way and and take that take the board through what existed up to you there's not a lot aals on the back and then I'm going to put the site plan up so I'm going to put up A8 an A8 is identical to the proposed site plan on your cover sheet I've just made it bigger and turned it so that it fit on the sheet because it's just easier to see bigger but it's identical um we are at the corner of surf and 18th there's a uh 1 and 1 half story Bungalow at the corner so we are the northeast corner and that is there now we hope to have that remain and then just to the north of it was the house that uh was damaged and destroyed it's been taken down there's nothing there now but an empty piece of the property and we would like to build another home there for the KY family and I've marked in red on this drawing and it's also on your cover sheet on the proposed so the site plan that's to the right on your drawing shows the footprint of where the home was that's no longer there and when you look at that outline it helps you see the change the major change that we like to make in building the new home and that's bringing the home further to the west to align on the street and to pull it off of the easterly property line where it was very close before and pull it off of the Northerly property line where it was very close before into a more compliant location um we're here tonight and I'll Circle back seeking two bulk variances one's a use variance and one's a bulk so two structures on one lot is the use variant that we're seeking and then one bulk variant is the rear setback and that's to the north because we are a corner lot we have two fronts we have one side which is the east side and we have one rear which is the north side and in the R40 Zone the rear yard setback requirement is 25 ft you can see that is right here pointing again to A8 more than Midway through where we hope to put the house again uh the existing home was 3 uh 2.9 ft off the north Northerly property line we're proposing it at 5.1 and the reason we're proposing it at 5.1 one main reason is it acts like a sidey yard to the neighbor to to the north more than a rear yard it is the side of the neighbor to the North's home and it is the side of the home we're proposing and typically we require 5T minimum to a side so we've set that new dimension at 5.1 ft and then the Hope was to pull the home off of the easterly property line in order to build a deck in the back with views of the ocean instead of a very large deck that was on the front so again if you see that red box there was a very large elevated deck across the entire front or west facade of the original home we'd like to put it at the back in the rear yard and down the side some for view of the ocean where the house wouldn't block it and that would allow us to bring the house level with where the house at the corner is and meet the average so the average in belare we take the distance between the two flanking houses so we would if approved we'd be needing the front setback requirement that's an average of the house on the corner and the house T North so you if you can see that red box as to where the um former home was and where we're proposing the newer home the um home you have the picture of the old home can we show that or enter that I think Mr Kennedy May so I'm going to also Lo this up to the board it's a a3a a3a so it shows the home on the left preexisted do you see that dyslexic there um the home was a slabon grave with a basement that was pretty much out of the ground but had windows in it and living space and then a full floor and then a half story which was bigger than our definition of a half story um what we're proposing is similar to what we build a lot today if we're not in a flood zone and we're not and the water table is such that we can we put a basement under the home that's half in the ground half out of the just slightly more in than out so we meet the definition of the two and a half story then we're proposing two fours and a half story that actually meets the requirements by definition in the town we're proposing a two and a half story over a basin and that STI varies from what was there before where there were two and a little more than a half floors of living space before so um in laying out what we think are modest rooms and sizes to put back the amenities that were there before we've come up with the floor plans and I'll walk you through them uh May before you walk through uh and if you have your zoning grid with you I just want you to point out the improvements to your proposed plan versus the pre-existing plan and in particular impervious parking rear setback uh and then I think there was a second rear setback as well okay so typically when I uh submit drawings to you the board there are three columns there's existing proposed and what's required so you can judge them accordingly in this case I add in a column pre fire so what is existing today obviously different than what existed pre-ir so I have an existing column a proposed column what's required today and then a pre-fire column so what Bill's asked me to do is point out what's an improvement in what we're proposing over what existed pre fire right yes and I submit you went from eight variance conditions prefire through four variance conditions right proposed and one of CH so you really took seven nonconformities and turned them into three correct and those are and you can follow along the first one so you see that last column is pre-fired that X was impervious coverage uh pre pre-fire there was 59 55.9% imperious coverage on the lot we're proposing 51.9 so that's a reduction it was nonm before just over and it would be compliant today if approved um on site parking for the number of bedrooms and number of homes there were three legal onsite parking spaces before they could argue anybody that you could park more but our legal sizes there were three before and we're proposing legal size five today so that's that would eliminate that pre-existing nonconformity too um then the next bulk the next uh batch of uh items in the chart relate to the Corner House The Bungalow so if you jump down to where it says principal structure Surf Avenue then there's a prefire there was only a 3ft setback 2.9 foot setback on the Northerly property line which is the rear um and proposing 5.1 again that's an a betterment however the requirement is 25 ft so that's why we're seeking that variance but again it's an improvement and then the side set back to the east was 4.6 to the structure we're proposing 5 ft to the deck and 13.2 to the house um 5.2 ft to the deck and 13.2 ft to the house so that's the house is moving um more than 9 feet further off of that U easterly prop line so that's an improvement too and then the number of curve Cuts would remain there are two now we'd like to keep the two and I can talk about that in a minute but then you have some small nuances in the ordinance the driveway is supposed to be a minimum of 1 foot from the side property line right now the driveway is right on it you can see that on the surve on the left side of the cover sheet and if we're um approved we'd like to build a new driveway with new material semi perious pavers and keep it 2 feet off the property line we feel that will align with that existing curve cut well and that would eliminate that um non-conformity as well so other than the use as uh Mr Scher said there were seven pre-existing nonconformities pre fire and if approved as designed there will be three and Mary you reviewed with u Mr Co who's been swor about the count bathroom count of the uh prior destroy home as a five bedroomroom three bath uh structure correct proposed structure is a five bedroomroom 3.5 bath structure is that correct correct okay and uh I'm going to leave you there let you you keep Groll and just talked about the uh what I call it the Minimus bar increment um and uh so the if you want to go to the second page appreciate it um we're showing you the proposed first support plan the proposed basement plan portion of that basement to be finished um with bedrooms and egress area Wells out of those bedrooms a stair of full bath and a laundry room and a mechanical room the first floor which is on the right side of that same sheet is composed a den two bedrooms and a bath and then with the out of the den is a landing out the back of the house on the front is a very small Portico there's also an exterior shower plant at the back of the home under the landing of the stairs at the deck and then you turn page three the second floor plan is open floor plan kitchen Family Dining a half paath and a deck off the back that wraps to the South between the two hes and then to the left on that same sheet is the proposed half story plan where there's a small lock at the top of the stair a small bedroom a full bath and a small balcony off the rear of the home with um trying to grab o use as well can you just indicate where you're proposing to locate the AC units for the new yep and they are on the proposed site plan their code compliant location just at the East side of the home at the North Corner um and there's two of them there are two proposed there's one existing for the Bungalow and we're proposing that that remain that's anod compliant location also okay the the U plans on p on propos pap driveway is that a pervious paper that specifying there that would be a condition of the approval we soed it is a it would we would definitely um just want to make sure actually the driveway is calculated at a 100% so um we did not count on the driveway being sem although I just said that before that it was going to be semi prw to get to our number um there's some gray areas to whether driveways that are built of semi puras actually you get the credit we didn't ask for the credit there um the front walk and the open slat decking we have claimed in 50% credit to get us to 51.9% impervious coverage did I answer your question yes okay so right now we're happy to put whichever pavers are required by the board but we didn't count on a 50% credit for the driveway at all okay um I don't know if you have any more on your black and white plans or whether you desire to get to your uh site plan and elevation somewhere I guess now good F any did you figure out how you're going to take uh storm water off the roof uh you gutters leaders where does the water go uh for Mr Po's uh question uh how's electric uh water so um I've not done a storm water management plan nor has the engineer for the project if approved we would be required to do that for a new home um the actual site where the house is is slightly elevated and we're not over on impervious coverage so there's plenty of lawn left to provide gutters and leaders for storm War management and keep all the storm water on the property um the corner lot has a lot of green around it too and even Green in the right of way so there's plenty of of room for proper storm water management and water and store is at the uh Street uh where there's home just as the prior home corre yes okay continue yeah so I've colored the front elevation um we're hoping for a a gray blue gray cool gray let the white trim Pop um we've got some interest in change of PL it's not a box and there's a small Portico at the front some small eyebrow roof a little turret feel a little Koopa trying to dress up a very tall small footprint home we meet the height uh requirement at 35 ft and then I didn't color the other elevations but you can see how that proposed deck at the South and especially if you go to the next sheet on the rear you can see how the deck would work in terms of its height and what can happen under it and how we communicate from the ground up to that deck and for fire safety reasons um we tried to put as many exits directly to the exterior as possible so even on the back we have some skirted roof the hope is you'll be able to see some of the house from the back too just comment on the uh for the record for the kopa how that uh uh is worded or allowed under the height ordinates if in fact it reaches the 35t it's beyond the 35 ft it's it's an impertinence that's specifically listed and allowed in the and when the apperance or the totality of any apperances that extend above the 35 ft don't exceed 10% of the footprint of the home they are allowed and we're significantly under here that's a 42 in by 42 in and that's a bit of a Mary signature topper it's um it's just lends interest to the home all right you have anything else um I don't I do not unless you ask me well you know um I'm probably going to ask ask Mr K from a architex perspective um from an aesthetic perspective which is part of the use calculation and make be considered a a sufficient reason under the ml do you have an opinion self aggrandizing perhaps as to the Aesthetics and the beauty and how it fits into the neighborhood so so the home that I will question question the home that was there was lovely um and I think the family spent a lot of time uh developing those plans we actually don't have the real plans as to what was built so I can't promise you that um we have every calculation to the ninth degree but from tax records and from your drawings um some sketches that Mr alenko head back and forth we think we've got a very close feel for what was there I did not mimic it and look um the front open deck and the roof line of what was there kind of um created a look that was lovely this is a totally different look and I think more uh present day book um and I think uh the deck flipping lets the house sing more and I I think this is an improvement over what was there aesthetically okay um from a um architect's perspective if you have an opinion do you feel there's any substantial detriment to the neighborhood or his own plan by what you have drawn to I don't so I mean you know me well and what I did is I sat with the ordinance and I try to marry what's required today more than marry what had been built decades ago and then improved a decade ago now I I just feel for the rebuild the town require deserves better decisions on location and bulk and I think this is a better plan for it thank you nothing you're done with no no I'm done with question okay Mr good evening good evening mrba um I just moved actually I moved is an expert in architecture I think you may pre-qualify her but for the record purposes I'd ask that she'd be moved and qualified Mr chair thank you same for Mr kba Mr kba okay I I wasn't sure whether you formally adopted it thank you all right um may I call you Joe absolutely okay Joe so Joe you are U both a engineer and the planner correct corre you've had an opportunity to review the um effective site Jo by Miss Hearn yes you've consulted with her in uh in this project yes uh I'd like you to just give some engineering review of the plan from your perspective mostly towards parking storm water rain drainage uh willingness to comply with burough Engineers recommendations flers certainly so uh it is a conforming lot at 60 by 100 uh we're 5500 on a corner lot supposed design as Mary had indicated uh the grading of the property is higher at the rear uh so the entire property trains to uh Surf Avenue and 18th Avenue uh no drainage onto neighboring properties uh as indicated uh The Bungalow in the front is a three-bedroom home requiring two parking stalls the uh new home at the rear as well as the pre-existing home where five bedroomroom homes and will be a five bedom home which reques a total of five parking stalls required for this property previously there was only three legal parking stalls on the on the property uh what's proposed allows for five legal parking stalls so it is fully compliant with the rsis requirements for parking uh it's fully compliant with will be fully compliant with all the municipal requirements for storm water at the time of applying for Pline if this were granted uh we would provide storm management accordance ordinance requirements and riew by your professional which means no storm water runoff from your perspective will cross or invade Properties by the adjacent Property Owners either to the east or to the north correct right thank you continue um so as indicated this this was subject to a fire the previous home was destroyed on the Northern portion of the property um this was a uh the southern portion home does remain it is not conforming set back on the 18th Avenue side that's going to remain 18.6 or 19.1 is the average no change there we are improving the site with parking the surrounding properties and specifically this block at block 170 there's 12 Lots in this block uh the lot in question uh the condo Lots at the northeast corner front thing on Ocean and the commercial those are in a different Zone 75 in the uh in the R40 Zone you have um nine other Lots only three of them have single family homes on them uh the other six Lots uh which is half the Lots in this block uh contain either two homes a house and a garage apartment or homes that have two units uh so there certainly the predominant condition in this block that you do have more than one home one one unit on a single property uh and as indicated in the beginning 40- 7.3 which is unique to bmar for the non-conforming uses buildings and structures does state that restoration of nonconforming structure any nonconforming use Andor structure inclusive of development on underside line that has been destroyed in total or in part by reason of wind fire water inclusion exposure act other active God may be restored or repaired provided that reconstruction shall be limited the extent of the previous nonconformity and by the site planine Advisory Board yeah I stop you there sure so you were in a conference with myself and Mary and you reviewed and all the professionals reviewed what previously existed the setbacks the bulk the height the orientation and their right to go back and build what was there but a decision was made so let's make it better is that correct that's right and let's keep it relative in size and Feld as to what prev L existed let's improve the overall condition correct correct so when you get to your planning hat or if you where your planning hat right now do you have a planning opinion uh regarding that and then also uh under use variants you should give a little testimony about U site suitability that the site can accommodate what is being proposed sure thank you um so yes so as that or indicates uh you're allowed to reconstruct a home that's been destroyed even totally destroyed that's by defined by ordinance more ordance um so in this particular case when we talk about the use variance use varing isn't uh to allow a second home to be constructed because they're permitted to replace what previously existed this would be considered what what we call D2 type of variance or expansion of a non-conforming use we're changing its SL now our expansion as we've indicated is is very small our F ratio is increasing by 1.5% the home is increasing still compliant with the ordinance uh by a little over a foot a foot and a half uh again elevating some floors um as well compared to what previously existed uh we're constructing a new contemporary home that's going to be compliant with with all the code uh and also providing additional fire access you know multiple means of erress to the home uh we placed it closer to the street but that was intentional remove or to push it further from the easterly property line uh which is certainly a benefit for airl open space in the neighbors we're conforming with front SE Ser Avenue at 17.9 ft where 17.8 is the average so by doing so we're taking that volume and moving closer to the street where it's allowed to be certainly a benefit to planning benefits to General Welfare um the front porch is conforming uh the Northerly side improves now as we indicated by defition that is considered a rear yard that do of the property line uh but as you can see in the photos of the pre-existing home the the aerial photos that is always acted as a side guard you have two homes at fronted on Surf Avenue that were both about 5T from the property line about 10 foot spacing your homes which is what you would expect to see per your ordinance on any Street if you go down Surf Avenue today you see kind of broken tooth you're missing the home that was previously there um so by moving that to a 5.1 setback I think it's certainly appropriate under a planning uh from a plan perspective to place it in that location it's where you would anticipate an additional home debate where it acts as a side guard rather than a reel um the the other improvements are to parking uh previously the impervious coverage was a tick over we're reducing that to comply and not taking the benefit of 50% reduction for the driveway so there's a a good amount of green space on this property especially for our um we're also uh uh keeping the same number of bedrooms which uh which also doesn't impact we're not increasing intensity we're not increasing the number of vehicles or parking uh and we're taking a non-compliant parking situation maybe better providing the compliant amount of parking so all of this uh is a benefit to planning certainly provides a a better solution here rather than just reconstruct with previously existed you have the opportunity to clean up some of these uh concerns uh and we think it is certainly better planning to do so rather than just replace what's there which is allowed under your work do you have an opinion relative to particular suitability under the use variants DC standard as such certain so under the medich standards uh we can a use has to have special reasons to justify the relief special reason most us use Varan type application is the promotion of the general welf and if a site is detered to be particularly suited for a use then it can be considered a promotion of general welfare I think this site is particularly suited for the second home the second home was always there uh the second home had been there looking at historic arrows second home was there I believe as far back as the 1550 um so it is certainly part of the neighborhood part of the fabric uh so I think the site is certainly particularly suitable to have that second because it has already operated fabric certainly does not provide any additional intensity that hadn't that hasn't existed in this area um so I do believe the site is particularly suitable for this use so from from you you hit a magic word that Mr um escapes me but U from intensity and density perspective do you find this home to be any more intense or any more dense to the neighborhood as previously existed I do not I do not and again the balance here is that we're allowed to put the home back where it was so we're not looking if this as a a new home versus not having a home by ordinance permitted to replace with previous existing so certainly no more intensive and from a positive and negative criteria analysis under the case on an ml UL do you have an opinion regarding um whether there is any um negative criteria of substantial detriment to either the Zone plan or to the neighborhood regarding this application uh I don't believe there's any substantial detriment to the public good uh with regard to airl open space I think everything that we proposed is actually an improvement for airl in open space so when you're looking to reconstruct a home and change it or expand it which is the expansion of nonconforming use you will get that impact in this particular case I do not believe there's any detrimental it's only benefit we come get further from the northern property line further from the east of property line um and keeping it within the height limitations of of the Town reducing the impervious coverage compliant with building coverage probably the most important compliant with the F uh so whether there's one home or two homes in total this this application is compliant with the F requirements for a lot this side so for all those reasons I don't believe there's any impact to the public good we're improving the parking and bring the coverages into conformance I from a public good standpoint I think this is only a benefit I also don't believe there's any substantial detriment to the intent and purpose of the Zone plan or the zoning ordinance quite the contrary your ordinance allows for the home to be reconstructed so certainly to Z thank you Mr that's all I have than you Mr problem okay first i' like to say I'm very sorry for your loss horrible thing that happened and then i' say there's a point at which when you get to know somebody that you can actually answer their sentences for them and I think Mary and Bill have gotten that so I don't have any questions the only question I have is did you take any consideration taking the house on 18 down and just building a big house on the 6500 lot nice yard space and everything versus two homes I think I'll address Mary I Mary the discussion or um Mr Paul we could whoever prefers so since my parents bought the home they had always used the the what we call the front house um as a way of actually supplementing the expenses for for the combined property um them being on a fixed income and um what we realize is that that actually just does make a lot of sense so as as just as a financial matter and because we were so happy with the house the way it was before it burn down we just decided that that didn't make the to continue with that kind of a approach um the quick question is the couple on top there's no access is just purely decorative there's actually a hole in the ceiling and the light from the windows comes through Skylight yeah no lad no no okay it's very small um I was sketching here and the PCH on side uh it needs a car in that sketch because that takes that modern approach that you've taken and and made it oldfashioned also p and it's I think it's wonderful that you can park under that uh the porch is probably open so it's not going to be totally waterproof if it's Bing rain it's open SL it will be far better than going out in the rain because you got that back staircase and a little side door right there so all good I like the design I like the porch and I don't like to porch with its proximity to the driveway so just be careful when you're back right we're going to make those really is this a continuous driveway from 18 to serve it is yeah yeah I just wanted to make sure it wasn't it is a continuous driveway and as the designer it's that way because we are only allowed one driveway but we do not intend for people to actually and you kids need to hear this over there for cars to drive and make the U and come out the other way because it's very tight but it is one driveway to avoid that baring and T that 8T is the minimum width for the driveway see it again uh the 8 foot width that's the minimum width for the driveway right what would be the the width of the driveway in your ordinance the minimum width is eight the parking space is nine so the parking space actually overhangs mind you a car is not 9 ft but the required minimum width for the driveway by or is 8T and I just have one more question about the basement you'll have erress Windows in the bedroom with the bco safe B yes that would be there's one drawn right on the front and right on the back already right yep okay directly and the basement ceiling will be about 7t 8 in8 good that's all I got the Dream Team came straight from the Olympics on the point that that Mr Dior just brought up I just want to make sure that we're clear about partial the basement partially sub par above um that's going to be living area so you you got three and a half FL of actual living area so the basement not thinking the basement is acceptable like it's it's for bedrooms to be down below grade I guess is what I'm asking that's accepted use consider store more than half think it's I think it is half more than half is in the ground intentionally to meet that ordinance right but then the question becomes is that that habitable space if it's it's below grade it could be it could okay that's okay great I have no further question um let's open up uh for anyone from the public that has any questions or comments regarding the proposed application that would be a good time to step up see none hello if you could just take your name and address and just where you in good evening where to tell information about the truth best knowledge to help you go yes sir thank you first of all I'm very sorry for your loss my mom's 95 so that gets us anytime I see a home by Mary Hearn I'm thrilled but I've been in town for 40 years and I remember when the whole town was reson single family and I understand it's a family home and how much you love it I get it and if it weren't for being on the corner if it was a front house and a back house I'd be like you're crazy why you Le in this little Bungalow and then behind it building this beautiful house but since the one is facing Surf and the other is facing 18th Avenue I understand but being a realter for 30 plus years and going through this and seeing what the town is going through and all the overbuilding I remember my customers going for variances they had a front house and a back house on Third and they wanted to build a family room with a little Master Suite above they'd have to give up their back house in order to get something so if you have a two family that's designated in a single family Zone you had to give to get and you have a one and a half story home and now you have a two and a half story home with the basement so you have a basement level and a whole another second floor level third level Lev you it's it's doubling the size I don't know what's being given back and I'm sorry you're losing things and I want to support it because it's beautiful and everything else I mean if you subdivided it into two lots I'd be like hey great overb build on the property this is what you get but I just want to implore with this board stop over building in this town I drove down by the White House yesterday and I'm shocked four and a half stories I'm seeing this all over town There's no space to breathe I want the wind to go by I'm thrilled you away from the back of the property they are on surf but it's just at some point I I had a house bur down and they told me that I couldn't rebuild it's a three family property and so to hear that they can rebuild I'm thrilled for them but that's all I wanted to say I wanted to my opinions and um like I said the the designs that Mary does are absolutely beautiful all right okay thank you may I cross examin M yes sir you've been a realtor for 30 I have but I don't know why I'm being cross-examined I didn't come up with that application no when you make a statement I get to cross examine as as the attorney do you understand that they have the ability to re rebuild effectively the same size home been proposed no no your meth is all wrong they could rebuild what was there in a poor location do you understand that or you don't understand that sure one and a half story same ex I thing that was there they could rebuild so you think they have a right to only build a one and a half story house right that's what I interpreted what thank you no other question M thank you is anyone else here from the public speak hello if you could just give your name and address please okay information and testimony your about to Prov will be the truth best your knowledge to help you got yes thank you plans look great I've known this family a long time I don't 40 45 years I am so looking forward to this house being rebuilt and having them back across the street where they've always been thank you yourself on camera s i hello name address Mike 112 all right you SAR that the information and testimony you're about to provide be the truth best not to help you yes thank you I just have a question about uh notification of neighboring properties what is the requirement for that the the applicant is required to provide notice to the individuals who own property within 200 feet of the development site and actually the requirement is that it be sent to those addresses and what time uh minimum 10 days prior to the hearing and be printed in the bur's official newspaper I was notified I picked it up today U it was typed out on the 12th postmark on the 15 and at the post office on the night so I'm sorry it was uh postmarked when 15 right so well Bill do you want to address that you want me address it go ahead so what happens is uh there's a 10day requirement and sometimes there is an issue the the statutory requirement is that the notice be sent to the individuals at the correct address in a timely fashion and April we have been having some post office issues so you know it's an unfortunate situation it's not the applicants doing and it's just it's I'm experiencing a lot not just in here but in other towns too okay all right thank you okay thank you um I I do want to State and Mr I don't recall at the beginning of this applic typically if there's going to be a notification we want that to come up at the beginning of the application yeah we did yeah right so I you know I just want to make sure we're consistent with that because i' hate to have heard this and then find out we got a notification problem so April we looked at right and so just as a matter of course for the purpose of the board unless MERS of the board would reject with this time to make that notification rejection would be at the beginning of the application not at the end of the application I mean in imp perfect world just because if there was an issue want to get that out of the way first if we had ajor defect notification we don't want to go through this process so I just no good good point I mean there's an opportunity to speak at the beginning okay very good do we have another member of the public so you want thank you anyone else from the public want to speak to this application seeing none we will close the public session and open up for board comments we do the same order sure I think all the testimony you're entitled to build something that was there existing at the time of the fire um from what I can see anything that was had a variant pre fire has been improved upon uh with this proposal and anything that has increased has been minimal and it's within the uh requirements that don't require any extra variances and story existed previously the two and a half St being proposed got I think the only clarification there would be I think it used to be a threeory technically to the best of my ability the top floor exceeded 60% but I don't have actual drawings I don't see anything wrong with it I as much as I would like to see just one house on a property I totally understand and I can remember March 15 yester I'm agreeing with the previous comments um I understand the comment um because I personally would like to see that single family use Contin that was put into place but laws were put into place at the same time to allow continu that's the right way to put it um so given the improvements that have been made in spacing and everything uh it's good no comments Mr G great great design no comments and for my comments I live um just outside of the notification down surf I was there when fire started my wife was there before the fire department arrived it was an extremely windy day and down my comment regarding application and and while generally I agree with member of the public you know to back houses and and and and how they've been treating this town um if anyone's been buy the property this is not your typical back house I mean this is a lot that that more or less unless someone told you it was a back house you'd never know if front Surf Avenue um the house next to it um looks like a separate residence um I actually didn't know that that this was considered a front and back house and I've lived there for years I I didn't know it until the first renovation that they came to us that's when it came upon me that these aren't two separate residences and so I agree with the Republic that said make sense if this this would be something the planning board or we should look at potentially subdividing that but you know that's not we here to hear tonight um so I mean I think this is uniquely with property in addition to it being turned down the layout of the property is uniquely suited to for a home like this to go on it um I can't speak to the volume because everybody's building to the maximum height maximum width um if I had to do it again I probably would have you know gone bigger as well so um in any case I I think it's going to be a beautiful house it's going to be a beautiful addition to neighb I have no problem with what's going on but I want to make sure that the member of the public here we understand the over building situation you know we're trying to hold it back this is of those properties to draw the line on I mean there's properties that come in front of us that we absolutely need to push back on we need to get reduced um I don't think this is a good example to to to to fight that fight so I'm in favor of Supplication okay uh Mr chairman if the uh board is going to vote favorably on this I've taken the liberty of writing down a couple conditions uh for the board's consideration obviously compliance with all the promises commitments and representations development team made tonight compliance with all affordable housing rules and regulations and contribu trting and drainage details to be reviewed and approved by the 24 month time frame within to obtain building permits or any agreed upon extension um I just want to ask a question is there anything about uh Tri Faith underground utilities or we don't have that yet no I I think that that's a standard should um ading to unless there's some overriding reason why that's not possible and I can't imagine that they wouldn't want that spending this much to constru house water okay compliance with building and construction code the post approval certification that all plan re revisions have been consistent with the plans approved and the testimony presented and any conditions in the resolution um any outside approvals and requested materially changes as a result of those outside approvals there's a need to come back uh compliance bill I think with the two and a half story um requirements which is what you said um semi perious papers for the driveway um let's see nothing is required but the air conditioning will be in a zoning compant location Mar you IND um see Gutter and leaders submit the SCH Water Management report at the appropriate time to be reviewed and approved by the F engineer and Zing officer on the property um compliance with the height requirement which we testified as would no run off onto adjacent properties Mr chairman this is not a condition but I just made a big note here about Mr Greg's comments that uh um Bill and Mary have an Ty of office spouse uh Arrangement that they finish each other's sentences so we can't send that enough in a hearing um egress windows jealousy egress windows in the basement compliant with code requirements and I think that was it Mr um chers are you okay with those the only correction I would make to that is I think my professionals testified that the the utilization of prvious papers will be to certain areas so so that it will hit the impervious calculations as testified by Miss Hearn if she needs to um clarify I would if you need that but I think the resolution should say uh the use has testified a perious papor not to exceed the perious for requirements so if I can add on to that on our drawings we show in our calculation where we have claimed the 50% specifically for the front walk and the deck and the rear walk at 50% and not at the driveway they are pavers proposed pavers but not so I should just say it's to be neighbors for the front walk and rear walk for front walk and rear walk right and and my final comment is relative to Mary and myself that For Better or Worse almost like a marriage Mary and I have renewed our lease we share theek my not so uh Mr chairman if those conditions are acceptable to the board um we can have a motion I'll make a motion we approve that good luck minutes over a request Qui bre so [Music] left heard there's no reason Mr um so the next application is for uh Patricia and Antonio Blazer at 9053 okay Mr chairman just the record is there anyone here any questions or comments or concerns regarding the sufficiency of the notice they received okay uh for the record the board secretary and I reviewed the notice found everything to be in order so it would be my humble opinion that we have jurisdiction to proceed tonight and uh for the third time tonight we will s T bian Ted you are the zoning officer of the great B of Belmar do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth best knowledge to help you got okay and we'll mark the record what we as a board have before us A1 is development application and that's dated April 30th 2024 and A2 is the minor land use zoning permit and that is dated May 10th 20th May 20th 2024 May 20th 2004 and then a three is a separate Standalone minor land use application denial form dated May 20th 2024 and A4 is a site plan and it's uh prepared by Michael and that's dated May 15th 2024 A5 is document called topographic survey of property prepared by Lakeland surveying and that's dated November 17 2023 A6 floor plans and elevations prepared by Evans Architects and it's dat May 21st 2024 consisting of two sheets and all right I'm going to call this A7 and it's some pool details and we can have theed by Pool and Spa and appears to be undated but we'll get more information on that momentarily um evening all right so if you could just introduce yourself and we where you in Michael Kio profession engineer and builder for Patricia bler Ander behind me okay so uh Michael if you could just raise your right hand and um if you could raise your right hand too and if you just state your name one at a time Michael and business address 307 9th Avenue Del Mar JY okay and uh ma'am and your address yes okay if you could just both raise your right hands do you swear that information and testimony you're about to provide would be the truth the best your knowledge to help you gu yes all right let reflect that both individuals have been sworn and Mr basio you're testifying in Your Capacity as an engineer and the Builder okay and as an engineer your licenses and qualifications are current and up to date yes sir and if I could just ask a couple real quick questions of Miss Blazer to start the uh the ball rolling here so we're talking about the address at 905 13th Avenue correct and are you the owner of that property myself okay and how long have you owned it roughly was last July almost a year okay so July is about 2023 yes and the property is now vacant um it's empty empty okay I'm sorry got okay thank you and by virt of being before as yeah if you could just hold for a second though um Ted your denial letter I just wanted to um just go through this because it seemed like some of the items that that you need a clarification on you need an additional detail so you typically your denials tell us or at least for me clearly tell me okay they need a variance for this this and this but the way that this was written these 10 items it's not clear to me which ones of these you're still pending clarification on or more information versus which ones of these are actually the variances that we want to discuss tonight could we just go through that obviously building coverage is about number one obviously number two block coverage is about number three if you were asking you said you need the floor area ratio did you receive it um yes mik 68 you came back with that I came back with that correct some of this stuff got written on here not by me right it's good that we start this way because everyone's going to understand that what it is you have we don't have what we need clearly came back at 68% he's allowed 75 so that's okay okay so number three is not an issue number four combine yard setback required 15 ft proposes 10t that definitely is a variance that's a Vari okay structure does not comply with half story definition that's okay right okay uh three parking space only one is proposed okay that's a various just on the one where it says three stories someone wrote okay does that mean okay we're correcting it or okay no it needs a variance okay 40 s with the attached garage and must be set back 20 ft okay there is no uh there's no exception for that under the details on the under the aage so so so far I see I see one two three four six of the first seven six of them need variances the only one that doesn't is three now we're getting into the ones that aren't clear um I need details on the dome pool enclosure did you yeah that came back that was okay okay so there's no so okay that that wasn't going to other words it could have been lock coverage if it covered the pool was Tak the lock coverage right yeah okay so it came back okay okay the distance of all overhangs to the did you get that uh I did he came back and gave me uh on the l site plan 5:15 those are all list and that kicked the variance also okay so that is a VAR and number 10 open we'll discuss so that's so one two three four five six seven variances and correct all right well we got the score card well thank you Mr you just took the entire first half of my presentation away to explain all the different variances no we just need to say you covered everything I was just about to cover so I appreciate that was exactly what the variances are and what we're asking for and now we can get into the why um so we are asking for just to summarize we give you the quick seven the building coverage block coverage I'll explain these are um due to the pool enclosure that we're proposing and have provided uh it is not a fully closed it's is an operating pool enclosure so we are expecting that to be open for more than half the year um without the pool enclosure building coverage lck coverage all testify will be within our uhr ordinances um we have a um odd shaped lot which has caused some hardship uh in the design uh for a couple different reasons um first of all it Narrows to the front if you look at uh the back of the uh lot and then go to the front lot we only have could you help us with uh where we go to we're going to talk with A4 mostly and then we'll move on to the architectural design so A4 is our site plan showing all the uh side yard setbacks location of the home the front yard um so I understand which which was new to me is that uh you know with the narrowness of the lot uh 40ft lot typical size home in a 30 home didn't allow for the traditional driveway to the side uh with the home towards the front uh and a detach garage so with that we we discuss our clients in aritex putting a an attach garage as part of the home structure uh in doing that I understand that does not qualif for what is the you know site U the block average for the front yard seta while we meet the average which I 16.9 um sorry 16.6 we are 16.7 uh with our front yard setback but due to the garage being attached that triggers the um variance for the garage only not the structure um and in doing that you know we traditionally as we build in Belmar and we all live here and we all know you know moving the house towards the forward portion of the property uh is is the desire to have a rear yard and have an area to um hang out in the back versus having the home all the way towards the back and um you know having your front yard as your your lounging area and it also I think provides for the sight line to keep the house in this spot uh for the street rather than than having one far set back home with a bunch at 16 ft off the road um but you know I just want to introduce Miss Blazer Miss Blazer has uh and and her husband have some history with the town you're not uh total newcomers they've owned a property uh in around 14th Avenue 15th Avenue uh they've been there for a few years they moved the tinon falls and their as their primary residents I'm sorry same same time l c and um and they're currently selling their home to move here for as their full-time residence this is going to be uh their home that they have dreamed about and hopefully that get to construct one day um just in further summary uh you was just you and your husband living here grown kids out of state mostly the two of you uh so you know we are not uh you going look it's not going to be an overloaded home with you know cars everywhere not we're just looking for a home for a couple with a couple grown kids and couple visiting Grand kidss here and there um so moving through uh I just wanted so we talked about the front yard set back um we that just kick the garage also on the front yard if you look at the third floor elevation we have an open air deck on the third floor um which is I I just want to clarify um so the open air decks are permitted over the porch with within the front yard set back there's no provision for a balcony so I don't consider this necessarily be a balcony because this is stepped back into the home versus sticking out from the home so that number 10 was something I was unest I don't believe needs a variance uh that can be determined here or not either way the design is that on the third story they only balcony they don't have a front porch protruding the six ft they don't have a balcony protruding the allowed six ft off of the property is actually stepped into the home uh whereas I thought you know just to clarify that it's not actual Val okay so let's discuss um you again the angle of the lot creating the hardship for the home to be where it is we do have our our um sidey yard variantes the sidey variantes are not triggered on the first floor the first floor of this home um meets the 5 foot and 5 foot where we don't get the 10 and five we do get five and five unfortunately to create um our four bedroom home here in order to get any reasonable size bedroom we bump out the second floor and to create uh you know what was required of any kind of reasonable space on the second floor with the bedrooms which are only you know some are 12 some are 11 and only one of the larger bedrooms is 14 ft wide so we're not trying to expand much larger than what we can be what is required to create these bedrooms um the first floor is an open space living room we have the det the uh the attached garage the third floor is compliant with all of these third story calculations it is compliant with your one3 or less um the issue with creating a third story is the roof line uh because of the narrowness of the home due to the property line creating a gable roof would have massively triggered a height variance so instead of doing that and and trying to get a what I consider a half story uh you pushed we pushed everything to the front with that balcony but unfortunately that should a true three story definition of of a structure so with that will cause um fire rating it'll be 5D Construction or a fully sprinkler home the places are aware of that they are willing to you know do all the fire readings required but the variant is still required to make it a three-story home um we not creating a flat three-story home just out of the blue full you know 100% coverage it is still within the onethird of the half story requirement uh for for our building codes by again why why you think it's two and you're saying it is you're saying technically you need to ask for a three but you just said that two and you said it's really compliant with two and a half the the square footage of the third floor is compliant with the half story okay so when when we create these Gable roofs in the half stories in the middle you're allowed one3 of the square footage so you're saying it's it's it's being called a three story because it's a non- gable roof because of the roof line correct so another reason is that uh the Blazer's true desire is to have and the gable roof wouldn't have worked because it would have gone east to west the Gable's true desire is to make this home fully powered by solar and we need a south facing roof to do that and if you look at the rear slope of the back of the home that is south facing that will be covered by solar and that will give them their desire of having it as energy ficient home multiple reasons uh and again gable roof would have triggered a h Varian due to the flood zone lifting the home would have never hit 35 ft with a 2 and half story home um so we're able to hit our height variants we're able to get a south facing roof for our clients but we do trigger a three story requirement I'm not I I don't this is not the interchange time but I just want to make sure that I I don't necessarily think that's the case we've had two and a half story homes built at 35 ft inflence zes so the comment that you just made I I I don't understand it um we've seen many many homes in flood zones two and half stor you're allowed to build from a certain elevation so I I just want to be careful about a statement like that because it makes it sound like you had no other choice and I don't necessarily know that's an accurate statement I mean maybe you can clarify because I don't understand why you're saying you couldn't have done it to the well if we did a two and a half story house we would have had to exceed the he that was our that was our true belief I don't know how that's the case okay I me we see them every week every month we see story house I believe with the narrowness of the um of the property and the depth being that's a deeper home anything that it would to get any kind of liveable space up on Theory because it is it is narrower than normal that's where it would have created would have had to actually raise like cheat walls and then go up and you get that Center livable space of and that's where it was and we're limited with also the height um of the sorry interrup no problem good it's another question I need to clarify that for you um so that's the reason we're requesting the third story uh it is not height which I know is a critical Dimension um regarding the uh lot coverage and building coverage the home is is well within its building coverage um for the home itself because the pool enclosure and I do have actually I want to pass this around I have an actual color photograph of what the pool enclosure looks like well this is seven or eight eight all right is what is a color photograph of the bullet closure okay by yes who that sure it's an internet photograph from from laga GS got it would you like sure that' be great thanks so this is a movable openable uh operable enclosure uh the intent is to leave this open during any reasonable months that you're enjoying the pool Miss Blazer is an avid swimmer she wants to be able to use her pool all year round and doing that we we uh require a structure that will be closed for the winter months uh even with the heated pools um but with that because of the size of it and the square footage of it it's calculated included in the building coverage which which triggered the building coverage um it the the enclosure adds uh 18.7% uh so if we were to take that out if we're not to include it you the home itself is 29.4% in in building coverage for the lot uh the lot coverage just for a second because I want to make sure we get this math right for pool is it is a 50% considered we're talking building coverage just talking about building coverage right right so the en closure is is considered lock coverage and coverage okay and there's no enclosure on how it count po water doesn't count at all just to cine anything around the pool counts the water itself doesn't count so because of the enclosure it's it's making it seem as if it's an addition on the house or coverage or dest garage building coverage so if I if I can finish that comment so we the enclosure is adding 18.7% when it comes to lot coverage we if if when the enclosure is open then the pool doesn't count what was explaining to for impervious coverage so we were when the when the closure is open and we discount the pool you're actually only at um 35% block coverage with the current paper layout and everything so it's really worst case scenario is the winter months four or five months out of the year um the enclosure is fully closed that's when we're exceeding our lot coverage the building coverage I don't think can be discounted when it's open or closed and that but the reason we're hitting the building coverage is not because of a larger home that's needed or a um large detached you know two story garage it's because of you know a clear glass enclosure for the um for the pool so we have covered um our pool coverage oh we didn't talk discuss the parking um with the front yard set back you know we we claim that we have one um one parking because there only one that actually fits within the property line we do have a second spot shown drawn in diagam on A4 it is unfortunately 2 ft over the property line so we can't count it on our site plan but I think everyone can see that they're you know is a car that can easily be parked in the driveway an additional car in the garage and just for reference the V is only have one vehicle um but that's just they are today and we I'm saying so I'm sorry is it you say you have two parking spaces I I can only count one okay on the plan I can only count one which is the the second one which is a 20 required 20ft parking space um which is a very large vehicle um what kind of car do you have Tesla small Tesla so their car will fit between the property line and the and the home certain large one small so we can't count that space that is shown is you know to half in and half out of the property line so while we're looking for variance for two parking spaces uh you can see we really can fit two and the varant and we only one essentially but um I believe the parking is sufficient on this slot and again because of uh the angle of a lot not being able to have a true driveway triggers that um triggers that variance um so again we talked about the side now we talked about the side setbacks and I just want to make sure everyone is clear that for on the first floor uh we do have two 5 yard setbacks uh which not combined to 15 so that's the uh the combined side yard set that and and the second floor while you're allowed a bump out on this on second stories when you have uh fireplaces you're allowed a foot or two I believe it is Ted uh for a fireplace or a Chase or some other bump out uh bumping out the entire second floor in those two spaces creates um you know 3ot setback on the second floor within the front end of this property and that uh 3ot set back is only valid by the time you move 8 ft back into the home you're back within your five your five and five um because of the try the way they lot angles on the right side so that we are asking for leave that 3ot uh setback wall in those areas we'll have to be a fire rated wall we'll have to put special siding we'll have to put the dense glass on it in construction we're all aware and willing to do that and that have all of our testimony question okay um currently based on this design you don't have papers around the pool correct you have papers like a patio before the pool and the pool enclosure there will well they're going to be under within the pool enclosur so they're all calculated as lot coverage and building coverage current because of the dwn yes all right so you don't get uh hit twice for the papers and that c um was there any thought about moving the structure back four feet which then gives you exra space and right side side yard setbacks are are better it it would have been uh 10 with the current design would have been 10 to move it you only we right now we only have 11 ft between the do enclosure which has a required 5 yard setback on the back on and on the side so if you look at the back of the property there's a five in blue a very small five in blue that is the setback to the enclosure and this is en closure that's required for the pool in order to be able to well was it's cut if you move back four feet you would cut that paper section right so we only have 10 ft between the paper uh between the house and the Dome de closure currently so it really would it would eliminate any kind of even you know six feets even small for a front porch but eliminate kind of back patio to sit out on when the closure is closed during the winter to grill on or anything like that so moving the house back would really elimate being able to put that enclosure in or require us to move the enclosure back into a 5y setback I don't think you can do that due to the fact it would have to be a rated enclosure it's glass so have to ask possible what is the backyard set back for the enclosure TCH well that would be an accessory in the rear yard so that would be a three foot setep back however anything within 5T has to be fired any anyu 5 ft like the garage you can put it at three but that wall has to be rated and it being a glass D enclosure I don't know you but if you all right so if you went to five we are at Five Oh I thought we're at five on both sides oh that eight and half is to the all right just want to make sure no problem I uh I think that's all I have question um not really a question uh because it we talked about the three floors versus two and a half while it's still spaced is a two and a half um I think from the street it would have looked better to have the slant in front but I understand fully why you're putting it in the back that's my comments I'm I'm I'm still thinking that you know with the right architect that could have been a way to to to solve your parking issue as well as your three stor issue um your AR not here he's on and then I'm also a little concerned about not keeping with the with the with the um you know this is a very modern looking house that looks like it you know fit in well you know somewhere in a more urban setting um it does not look like a beach house um that there have been a number of modern looking homes specifically on South Lake tribe 9th Avenue it's a big regret when you look down when you look down that whole row of home that one sticks out like a sord fountain so you can that home but you cited in that in that it is completely out of place for the rest of the homes are along that STP so you know although yes it's there and and and yes you know if you like this kind of design but I'm making my own observation that it really doesn't fit in with the with the continuity of of the homes in the neighborhood and the homes in the area so if if I'm my questions are have you considered other types of design and and and you know as alternatives to this one that's my question because I I I the design is a personal preference yes okay did you consider other designs and and why go with something that is is is so out of character than the rest of the homes in the area to to so the architect works with me for me at very often employee of myself for construction but we work together so we talked about this to an extent architect can't you know testify as such um but as a builder again was there were the two reasons that this home was designed this way one is a bit of a personal preference and two is the solar panels off the back Ro facing C so there were there were two major uh and and to to not and I will stand to you to not create a taller structure with with the G roof I believe is another strong um Point okay question I was about drainage okay yeah we will complete and also the full landscaping design will be done I've built home for Patty before and she loves her you know large bushes and trees and stuff like that um so we will be fully full site design I will complete that as I've done in this town many times and everything will be nothing on coming to front captured on on site just Clarity the roof design not being an ashape group is mostly because of the solar and the three stories is then a result of the roof design correct so if were not for the solar you could have done an a roof or something like that we believe we would have triggered a height variance variance or three story VAR right I think in this road no one wants a 40t tall home and half story to keep it5 that's all I got so you're allowed 35 above the what is the Bas FL elevation there some of the so some of the homes there that can or could have raised High there's nothing like on the bottom floors looks like that one on the Corner's a big green one on the corner I mean that's pretty high up in the air before the first look like it's we have our we have our calculation of 35 to the top no I'm talking about the the the first floor to me looks like very low like You're vulnerable there that it's at no it's at 11 it's it's a a foot over the design okay I'm just thinking like the ones that I've walked by like you're going up flight steps before you get into the first floor so I'm going to say actually the way the architect chose it is a much closer to the ground than what my reads so just so you know the average grade around the property is around eight so I'm sorry around seven and a half and we're at 11 so we're going to be more I just making sure because I remember that was all under water Sandy boats going up and down those streets the okay just just eyeball based on that drawing looks dve in and then you walk I think it's a little deceiving the way he shows theing the so the garage when the garage there is lower than that living room you're going up some steps I see all right yeah that was my question I just was making I just want to make sure that you're in compliance because the you know flood insurance is triggered you know we want to make sure everybody else know Street I mean I don't want to save it for comment now like but I agree with the chairman like I do think it's a little out of char it's a lot out of character for that neighborhood neighborhood lot of bual lot of know homes have been there for a long time with that Cottage SE look you know so I do think it's gonna definitely stand out on that street on that corner if that's you're going consider a lot of different siding options with the SE and the colors I know it looks dark on the uh the colors will be more what kind of are you going be using what materials like it'll be like a Hardy clapboard or or a shake but not not you know cement panels or anything like that yeah one other question the didn't hear anything maybe I missed it because are they permeable so no everything is calculated at 100% currently okay would you be willing to maybe do that I got to tell you like I'm looking at it like your whole backyard is d pool or P so it would be nice considering you're at 60% if that was a condition so if we did the driveway because the driveway is only 16 ft to the front we gain about 3% and again this personal preference we're here for a reason um is the perable faers around the pool with the group with the stones want is not as functional and again because the closure is going to be open half of the year I'm asking for that relief in the lock coverage because we are nowhere's near our lck coverage when that when that en closure is open we're know we're 15% under so that you know we're asking for the variant for when it's closed it just looks like I'm looking at 60% and again just i b it but the entire like most of the property was covered I don't see how you get 60% okay I would like that condition personally we're asking for a lot here and that's kind of a minor I mean you're putting a ton of money into this place and there's a lot of building cover so it's an odd lot I get it but like when I look at the backyard you can use a weed whacker whack the grass Mr Ross if I so the only deduct as the engineer the only deduct we would gain are the 11 ft between the house and the enclosure anything within the enclosure when it's Clos doesn't matter perable what or not so I believe my clients would be open to making the 11 ft between the enclosure and the home and also the driveway per papers it'll reduction I don't know I want to make that calculation right now and get it wrong but we would we could make that as a yeah that was that was the yes I mean that's a good size back there so I think that right 11 by 30 and the driveway already knows 2% 11 by 30 that's good size right let me just Mr Ross you don't mind I on to your question here because I'm trying to figure this out as well I see the pool's 30 by 10 ft and then the dome pool enclosure is being calculated at 222 by 42 right so obviously the 42 goes over six feet on each end and then on each side it's going over one and um what what is a Surface where it's not the d pool enclosure we like the blue printed like I see papers is that is a pool going to be surrounded by grass or like what papers those will be papers I see where it says Pap right no no I'm explaining inside that box of the 22x 4 22x 42 D croser will be solid papers because even if I did them as impervious I I'm not not want to understand so so that whole that whole box is payers corre not just where payers or something fully impr Pur not just where it says papers that whole square and following on what Mr Ross was saying it I mean it just doesn't seem like a lot of open open so we have the entire front yard along the right side and to the entire right side where the largest part of the triangle is all grass the 5 ft behind in between the property line either grass or gravel uh you know the gravel is calculated as 50% and then along the whole left side of the property so it is we have the we have the numbers that we're only required 16% absolutely sympathetic to the fact that you're having to take that asck coverage or building coverage you know Tech that's technicality isn't Mr Ross to finish our conversation just just if I calculated 11 by uh 30 which is the width of the home um that would reduce another 6 and a half% and the driveway on I have to divide that by two s it only get 50% so that would be 3.2% plus the 2% of the driveway only the portion between the driveway in the property line so you would make a reduction if we did papers uh in between the home and the and the enclosure and then the entire driveway including the um up up to the sidewalk uh would be a reduction of a little over 5% so you don't you would only need a five% variance to you just reduced it down to almost where you don't need VAR almost yeah that good well think I was hoping that you know opening this opening this enclosure reduces at 18% so we no yeah and just just so I'm clear too because I think Mark was trying to understand where what was in that uh where the blue is my understanding is that box that whole box is the enclosure itself it is and inside that enclosure and then it meets the glass enclosure and under the glass enclosure are more see that that's the enure it's 22 wide right closure way bigger it's a d enclosure you need space to you don't want to have to crawl around the edge of the pool the sides theories that you could also have the reason it's there's a minimum uh between the enclosure and the pool just to give you a little background on the on the location of it and I believe that's three three and A2 ft uh between the enclosure and the pool on East on on the back left corner and that creates more of a lounge area we could have a lounge chair and one inside the enclosure one is closed in the win and on the right side of the PO can can I ask you one another question I always get this message but when we're in the flood planes you're allowed 35 feet above the Bas elevation level right but from a person standing on the street how tall is that so I have this home calculated at 35 ft above the average grade I typically like to see certain towns allow it over the base blood um I actually didn't even I didn't want to go any taller with this we needed a to our own kept it at 35 to the average break which just standards on time so board comments ands public comment and public question time there somebody standing up here name and address please n98 SP your last name please s okay good evening and welcome and thank you for saying do you spread that and testimony you're about to provide to the extent to provide any will be the truth the best of knowledge to help you go thank you um first of all the notice that came out came out in a timely manner I don't know if it makes a difference that your block and lot was swapped on the notice it's not you have the block three should be block 138 block 138 should be lock thank you um I'm going to go in a different order I wrote this up I went and looked at the plans this afternoon very quickly um I had noted as one of my comments about the parking um and for the notice it says two proposed and now I'm hearing one proposed when we got the notice in the middle of June um when did the change occur that the realization was no it's not going to be it's not going to be three it's not going to be two it's not going to be one let's clarify that with his own indicial are we allow the one parking space that's half on and half off the property line that's so so we that's why the garage has to be set back 20 ft to get that parking spot okay so that was change at this spe okay there you go um I sort of laughed when you talked about the house first of all I just want the Blazers to know that it's beautiful and I moved into 908 I bought the house last year I almost didn't buy it because of the existing house on 905 it just was dilapitated terrible horrible but I went forward and bought 908 and then soon after that when it got bulldozed down I was celebrating so thank you for helping the neighborhood saying that and again it's a choice but when I wrot down when I looked at the house yesterday or this afternoon rather is in 50 years from now people will know that house was BL built in the 2020s don't take this personally but it has that shipping container appearance of it 2020 Styles um it does not fit into the neighborhood it will stand out but saying that it's a lot better than what was there and it is a beautiful house um the lab pool the pool so it is an INR pool yes okay that's soon and then the house does seem very Grand as I said and it's just I have a little cave across the street you have a bungalow next door that you a two story on the other side um I don't want that to take away I don't know if other neighbors are here as I said it looks it's very pretty but just sort of doesn't fit in so if there's any changes to the facade to make it feel more like you know a sh house versus sorry would say shipping container house um that would be great um um and the only other question and I think you probably can answer it now just curious of the timeline um again new to belmare I'm excit my house was a remodel uh bay construction had redone it um not by my choice I went in and bought it so that was remodel I know the house two doors down the back house is getting redone the house across the street C Corner was redone there must been a fire before my time they rebuilt it year so there's a lot of construction that's complete the back house is still being worked on um a lot of things going on just be helpful to know for the Neighbors the timeline you know when we can be expecting big trucks to be coming and please make sure those big trucks Do not drop their nails on the road that we get flat tires because that happens a lot um but again welcome to the neighborhood that's all I have to say I can answer a couple of those questions for you so just so you know this were to receive an approval today there's a 30-day R per uh um period where we take the resolution resolution get approved at the next meeting after that meeting there another 30-day rce period for appeal what 45 after those 45 now we now we're 75 days before I can even apply for a building got it okay so we're really looking at it basically an October start and uh if you know me I'm a bmore president also one of the larger builders in town and we try to move quickly and we also extremely respectful of all of our neighbors okay so and please you'll have my cell phone number it'll be on the and no nails and promise no Nails build will there I have a magnet and everything on every every project I have we are one of the cleaner guys on the on Bay constructions we also so I hope you appreciate thank you very tires hi just going swe you just get another um hearing do you swear that the information and testimony you're about to provide to the extens you provide it will be the truth the best your knowledge to help you thank you congratulations I am so happy that house is gone I I'm a realtor I showed it I went outside and I threw up so I am I was shocked when you bought it but I'm so happy that you're doing this um I love the look and I mean that looks no different than what they did on the tracks and Mary Hearn you know the tracks and 10th Avenue it looks just like that except that one's massive and gigantic um I remember 12th Avenue had a problem with the third story and they made him do like this Barn look I think this is beautiful and I you know I know you you know it's up to you guys the half story or the third story but as long as it goes for 60% of the half story I think it's a beautiful look personally congratulations and I respect it so I just want to say that I fully approve with this thank you oh and would you like to cross examine me is there anyone else from the public no so with that we'll close the public session and open up TOs I have no further comment no comments just the same comment basically Mr Jerald said what I kind of said before um I'm still not I'm not going to say anything about the description but but it just doesn't to me fit that's it thank you no coms it's very I I know what Jersey sh style is it's certainly not Jersey sh style uh it's hard to say what architectural future will bring maybe you know maybe the rest of the houses as they replace them on the Block bu just like yours I don't know um I don't dislike it it's not really me but I don't dislike it and I've had houses in my neighborhood PR honor looking a house put up on the on the lake and I'm in favor yeah I appreciate you had a tough lot here really uh odd design or odd shape I should say and I appreciate you uh working with us on the the lot coverage I think that brings it into much better performance you know I I give you a lot of credit I mean I remember what was there before and you had a lot of guts to buy that tear it down and and build something that hopefully is beautiful so I'm in favor of I think over time people will accept it and it'll fit in you know hopefully you'll be able to use some nice soft choices doesn't make it so I I've commented it during The Question section so um but I would want to advise because um Mr de right yes Mr you're a builder but you're not a board attorney although I know you've come to for us before um but I do want to advise your clients um that um you have if if if you're approved it's t Mr deasio mentioned um if you're turned down um apply would come back with a substantially changed plan um so you know you have the right to go to a vote tonight or you know decide that you want to make modifications so that that's something that's within your an attorney would be advising you that that that you know if you if you think you want to you know take another go at it you come back you could you can say you want to and come back with otherwise turn it going have to be substantial modification so that's what we're now so that M Mr Char we did we did provide a couple concessions and some testimony on uh what we would be changing to get the full board approval our intent is to leave here with and agreed whether it's conceding something or uh we did impervious coverage so if there's something else that's being requested of us speak now because we're we're here well I I I think there was some comments made about about softening the look changing you know changing the siding um there were comments made about Landscaping I I don't know um you know those were all just you know General comments I don't know that it was any commitments made but um you know I I think you've heard a couple of board members um you know are concerned about whether it it's in keeping with the neighorhood orhood but I I can't I don't know how m v let Mr K summarize and vote all right so you you want all right so if the application were to be approved some of the conditions that I thought of ahead of time and wrote down will be the obvious ones compliance with all the promises commitments and representations that team made tonight uh compliance with all affordable housing rules regulations tions a 24 month time frame not to exceed 24 months uh for I'm sorry within which to obtain the building permit after the resolution is adopted obtaining any and all necessary outside approvals and if the application or requested belief materially changes as a result of those outside approvals requires a further uh hearing before the zoning board gra grading and drainage details to be reviewed and approved by the bur engineer I think we have the good PA effort to um underr utilities no storm runoff management um storm run on to adjacent properties compliance with the actual height requirement 35t we're going be that um I'm assuming Ted will need the pool test compliance with prevailing building and construction code regulations if it's approved the post approval certification from the applicants professionals at the uh plans have been revised in accordance with the testimony the on the resolution and then um a fully sprinkled um home 5 constructions with fire walls and ceilings or dampers and duct work also would eliminate the need for sprinklers so there's two options okay we'll discuss that PR construction okay in anyway compliance with compliance with any prevailing female regulations um now I'm going to come back to the to the perious papers Mark um let's see uh and just for the record I know um Ted answered this but just for the record no one in this room or on this board can give you permission to use another person's parking uh area for your your parking spaces um let's see now Ted do we have any lighting illumination standards that we have to worry about uh for the pool or is there bur ordinance you not have to worry about that well you can't shine it on somebody else's property okay so you comply and uh no adverse like spill over and um now I think there was Mr chairman you talked about Landscaping is it just Landscaping that you want to see Landscaping plans or you want uh those Landscaping plans to be approved by Ted um and then we also have perpetually maintaining the Landscaping um no adverse drainage um let's see now we're going to talk about the softening of the siding and materials will come back to the one and now with the semi- perious papers I think we ultimately said that the area the 11 foot area between uh the Dome and the um would be uh perious papers and I think we ultimately said that the variance is only for a five I'm sorry a five% over the lot coverage um and then Ted is there any reason that we as the zoning board would need the cool enclosure details or is that something that okay and then um's see um building you calculated that just based on my rough numbers of uh of what what will be listed in what would be the resolution well you you tell me I think it was 05% over what's allowed right 5% what we have um yeah can we give a percentage or two just as give it to 55% and what's allowed 50 all right so so so you wanted to say not to exceed 55% correct all right well that's got to be for the board de side but we'll come back to that and then Ted just so I know is is there I know that um the applicant was talking about the applicant represent was talking about hey we are complying with that 60% half story do I need to say anything half story it's going to be a got a doesn't and then again softening the look uh changing to the siding Landscaping details and then the the lot coverage amount those are things that I would respectfully submit still need some input from the board well what are what are the what modified lock coverage percentages well I mean so I think initially it was one thing and then I think it was and now they want to go not to exceed 55% just so you all know what you're voting on Mr sure I think when they initially um came in they were seeking what was it 16.5 60.5 and then I think it sort of the testimony was after the discussion would be 5% over and now with the clarification they want a lot covered not to exceed 55% is that correct Mr Delia yes that's required so there's no so the condition would be comply with L coverage [Music] and then the next thing was did you want additional Landscaping anything specific or I just think keep neigh and then I guess I would the last thing would be um is there any specific reference to the softening of the appearance deid I don't I don't think I don't thinks I we could we could have p on weate mixure of Cedar uh cedar plank and Hardy plank deciding to give it a softer look third floor will most likely be Cedar so that give it a little little short look I know you can see that with the rendering um it will be a mixture you can have plenty of beachy products not not a black and white home you know and I've seen some on Ocean my clients and interior designers promise you you're going let she so Mr chairman those were the disc of my notes okay thank you for summarizing mren so with that um anyone want to make a motion to approve I'll make that motion Mr yes Mr yes Mr Mr I'm gonna say yes even though we all know now it's a little out of style Mr Mr yes congratulations kids have been doing great [Music] [Music] didn't our are they getting extra they are getting a month's today all right Mr chairman this is on the bowy application 1051 15th Avenue is there anyone here who had any questions comments or concerns regarding the notice okay so we reviewed the board secretary and I got everything to be in order that that jurisdiction should proceed four final time tonight Ted you Burrow's zoning officer do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best your knowledge to help you guide okay and we will Mark in the record what we as a board have before us A1 is a development application and that's dated February 20th 2023 and then A2 is going to be the application checklist and then A3 is the minor land use zoning permit and that is dated December 28 20123 February 6 2024 and I guess we uh Mark as A4 is the minor land use application denial form dated February 6 20124 and A5 the architectural floor plans and elevations prepared by Paul alenko dated December 28 2023 consisting of two sheets I think that's everything thank you uh so um good evening you could just identify yourself please Paul aneno representing the he's licensed architect in New Jersey with offices at 917 Main Street jerse all right do you swear that the information and testimony you're about to provide will be the truth the best of your knowledge to hope you God I do and your testify with as you indicated license certified architect and license certifications are current and up to date that's correct thank you will just swear you Inn please uh your name please and your last name okay and you want to testify okay your name okay if you could just both raise your right hands do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you guys and we won't swear in the the kids we let them SL but good evening and thank you for waiting and let me just ask you a couple real quick questions to get the ball rolling so the application tonight is about 1055th Avenue correct and are you all the owners of that property and how long have you owned it roughly 11 years 11 years and my Notions like there's a single family home at the site yes and do you live there I'm sorry yes okay so why don't you uh tell the board exactly it is what you're looking to do and why and and then you can have Mr amko testify about some of the variances um after coming to belm for many years to visit the Murray Family who's here today and have lived in belmare over 20 years and fell the community a dream had always been to own a short house and I did that 11 years ago not sure what [Music] said it's not very my dad helped me fix it up as a basically a frat house and he'll turn it into a home shortly after meeting Jim um we got married we have our three kids our twins TJ and Piper and uh the little one there is Kenzie um you come down every weekend in the summer and been bringing them since since they were in you know we love everything about house we love our street we love our neighbors our wonderful neighbors um of course we love going to the beach you know walks on the boardwalk um not so much board meetings but everything just fall in love with uh we want this house to be a place our kids always want to come to and continue to make Memories We want this home to be in our family and to pass it down to Generations to come so we're here today to hopefully get approval to add some space and improve the functionality of our home we thank you again for your time today thank you good evening everyone basically the home is one 25t by 100t line it's a 19t by 52t 6 home now one story and the uh the idea basically was to provide four bedroom home with a small Loft area for the kids in the future to open the existing floor plan for a living area dining kitchen and a small bedroom on the first floor for um one of our relatives I need to make a correction on the second floor I had noted originally a bedroom in that location on the North or on the North West Corner that's actually a sitting area there's no closet there there a small wet bar uh continuous to that space and that's basically the plan uh for that space so it will be a four Better Home variances that we're seeking one is lot area where 4,000 is required in the R40 Zone we have 2500 ft the frontage 40 ft is required we have 25 ft the front yard 20 ft is required we have 19.7 ft which will be 19.7 ft in the completed project the rear yard we exceed that requirement of 25 ft it's currently 40 ft and we're our proposal will allow 27.5 ft side yards 5 ft is required we have existing 2.1 ft and 3.9 and basically that will remain um in the uh in the future uh proposal the total side is 10 ft required and we have 60 requirements building coverage requir is 30% it currently is 42% we are proposing 51.6% of Varian is required Building height 35 ft we will remain at 34.6 34 34 ft6 in will'll be two and a half stories I provided Ted with our calculations for that lck level the imperious coverage 55% is allowed it's currently 59% we are removing all the existing paved areas including the sidewalks and replacing them with perious papers for a result of 61% the f allows 70% it's currently 32% this will bring us to 95.5% where we require a variance the property districted the 25 ft is required 15 ft is currently exists and 15 ft will be the eventual description property description the home will provide for the customary living area dining kitchen as I said a small bedroom a bathroom a mudroom laundry here a shower which currently exist but we're going to rebuild that in accord with current requirements where we'll have a concrete curve be hooked up to the sanitary store on the second level we'll have a bedroom to the South with a bath and closet and then coming down on the east side we'll have two smaller bedrooms for the kids with a shared bath and as I said before that City area with a second floor of porch with an open railing and third level the L level we'll have basically a recreation space with a veranda that's basically tucked in to the um to the structure as is shown on the rendering here we have a small eyebrow that will project Out 3 ft in a circular pattern so three fet will be the U the Mas we said and then it'll basically be flush with the with the home on either side the home will also have a large open deck on the third level or the Lo area primarily because we have a minimum amount of lot area for entertainment things like that so we want to provide something on on the formal walk level uh for the family space that basically is our proposal before I open up for board questions I would just like to maybe just interchange with you for a moment um as I'm looking at the zoning requirement list that you have here I just want to make sure that my f attended but that we're on the same page so the the existing and and proposed list here that's showing which require and which Notre so um lot area is staying the same and you're saying that that requires a varant but basically no change no right then you've got Frontage um it's saying 25 exist and proposes 25 so that's a pre-existing need of variance but there's no change yes front y 19.7 you're keeping that the same at 19.7 you got to get a variance because 19.7 isn't 20 but basically staying the same right yeah um Let me let me skip re for no rear yard's fine no variances needed a side yard um 2.1 um 3.9 basically staying the same total side yard 6.6 foot 6 foot basically staying the same um this one is not the building coverage is going from 42% to 51.6% so that is is you know that's not a pre-existing that's not staying the same but building the bigger house I understand Mr chairman we're adding 228 sare ft and a a 12T by 19t understand but but I'm just trying to boil it down to the ones that are changing right okay um your your impervious coverage is going from staying at 59 was 59 staying at 59 so that's staying the same he said 61 no it increases by% so this is this on this here this says 59 so this is we need to correct that right well I have 59% existing and we're going to 61% but on on this page it says 59 so Mr Kenny please that okay or make make note that it's it's actually going up okay so um okay and then let me just I'll Circle back down for a say and then f is is a big change going 29.6 to 9 94 although said corrected 94 I actually I actually updated with the revised plans to 95.5% right so we need to make sure because that's another inaccuracy in his table9 he said was 32 right but I'm trying to get to where the Deltas are here right so so we have it we have a delta in building coverage going from 42% to uh to what's it I think it was 51.6 51.6 right and we've got impervious coverage going from 59% to 62% 61 or 62 6 61% going up 2% and then for so so those are the three big asss right like like compared to to the others are pre-existing non in use that you're just having to you know but you're keeping it where where where they've been all along for years and years exactly exct and then we got add and so parking three three spots required and zero being now I I do want to inform and again I'm not saying that it's an issue I don't want you get nervous about it right but recent not well in the past few years Belmar changed it's zoning because they knew of properties like yours being problematic when it comes to trying to say how the hell are we going to get a parking spot here right that's why they allowed front garages right before you couldn't have a front facing garage but they passed an ordinance that you could have a you could have a garage and get maybe one maybe even two spots right so that's just something to because being this close to the ocean and having no barking it's a lifetime problem for you um and you know I'm just it's a hard thing to accept to say you're permanently going to be okay with that but because there are ways of dressing it even with a 25 foot wide property um and it may not be worth the tradeoff in terms of the lifetime inoni that that might cause for you um but having said that I'm not weighing you want to build a house and have no parking I I I God bless you I I I wouldn't want to spend that much money and not have a parking spot but anyway um so I just wanted to make sure that the board understands what what the true asks are here I don't know if that was articulated in your presentation so so we're in agreement that the big asks here are um an increase in building coverage an increase in improv a minor increas in perious coverage and then a fairly significant increase in F coverage and then and then part is there any other variances that that you're asking for Spen about just now no sir okay I think we're ready for board questions got a question the half story was that existing or did you change that roof on the half store because the roof line doesn't come within 3T of the FL which doesn't meet the definition of the story have that's a valance I'm sorry I didn't understand what you said the roof line yeah on the half story okay I don't have a picture of that was that existing or is that all no this is exactly what we had before except when I get when I provide you the calculations for the Loft area I went from the 5 foot to above in my calculation area so that was existing already Yes okay you didn't change the roof line no third when you're asking Ted when you're asking if it's existing you don't mean existing in the existing building do you you mean existing on previous plans he doesn't mean it's existing on the site right now it's a one and a just one because of because of the configuration T had asked me to provide him with calculation I just think I misunderstood for a moment as well and then I realiz when talking about existing you didn't me the existing on site existing in prev plan okay so with that I think we're going to start down with Mr diori okay with you well you know it's a it's a very congested area as is and you know with a f Almost 100% you're really cranking a lot more in a crowded area and also I think there's a bunch of decks that will be overlooking neighbors I think I count uh three two the one in the back if I'm not mistaken I'm I'm just concerned about privacy issues with neighbors and people around well the the third the third FL TA of the L level basically we have a um a section of gable roof that was from up about 3 ft to create privacy from the neighbor and also for um for the balis and then the one on on the North side is basically tucked into the house as you can see so it's not really what I'm saying is them looking over neighbors not neighbors looking over them believe me I have people that have four decks patios overlooking my front yard backyard and there's privacy issues with that well and this is even a more congested area that I'm in so that that's that's my comment about privacy for Neighbors can I respond the front of the house most of the houses around us all have multiple levels decks already we're one we're one of the few that only have the one story so most of the other neighbors already go up the one immediately to the West also is one of those particular cases one to the West so they have two they have two decks also second FL deck I thought the one to the right of this where you have kind of a a joining driveway that's not really a driveway that is the one house left that does not every other house on the road does okay but that's that's the neighbor right next so you're going to you're going to be a lot higher with balconies overlooking your that's the neighbor that's the neighbor to the uh to the east okay neighbor to the east but that's the one with don't you have the quote shared driveway yes yes that's that's really not a driveway right it's not our driveway it's it goes down the middle the property line goes down the middle so we share it okay but that's not a driveway right there no we we can't count it unfortunately yeah okay no I'm just saying it's very congested you're overlooking a neighbor's house with a bunch of second floor third floor decks not not meaning to talk out of school but that particular neighbor and I have had a conversation about the future of their home as well so okay well that's all I you made the comment that you're adding on your rear going up do you plan to use the current first floor Framing and the foundation the exis foundation not the foundation there there basically is no Foundation okay we're going so you're basically knocking this current house down from scratch no no no we're we're retaining the first FL walls and working within those first FL walls but you're replacing the foundation we're replacing the foundation yes jacking it up and yes yeah it's got to be totally restructured I mean the home basically having been built 194 when I mean probably back in the 40s something like that there going to be V up the code as far as construction what does that do to the height if you have to jack it up you can jack it up and then put it down absolutely absolutely okay T do people I have a neighbor similar situation are they required to do that to maintain the the existing footprint or setbacks or is that is that an old live I I'm I'm confused by by people that are doing that instead of just bulldozing it and and putting in a new house versus what he's describing he's saying they're going to jack it up they going to like dig it all out did then he lowered it and then he knocked it down anywhere no he got rid of it anyway so this having to keep the existing wall like tell me tell tell us about that because if they're going around this thinking that that's getting them into compliance and they don't need to do it that way it'll save them some money and they'll get a better bill down you substantially damaged and they changed some of that and as far as I'm daddy you take it down to the foundation now you got a new house now you got to meet the setback well I mean I don't know PA why aren't you knocking this thing down particularly because of that reason we've got a 19t house now you know we be down may be down to like a 133 foot I know so I mean you're going to require a lot of variances by not get absolutely yeah because of the size of a lot yeah but it's basically it's going to get them it's going to be a new house yeah it's going to be a new house I mean I go through this all the time you know want to keep the first floor but by the time they get done it's gone I know we've been there before I don't want to bring up eight had to come to Clarity on this because people the ordinance isn't specific this is exactly what my neighbor said the town made me do it this way he elevated built a foundation lowered it and then knocked it down knocked down what he I bring it then I have to bring it back up here because what he said that could be on a larger that has room to comply well okay right but I don't want to make them go through the elevation and keep an old wood and it's just it's going through motions unnecessarily this can comply with three and three I think you're bringing up a good point April he poti could he had 60 not with combined side guard well with a variance we we could give the three ft and the 3et right I I think with the hardship 25 not putting through the Elevate do a foundation and lower it again I it just doesn't it just doesn't you'd be saving this young family quite a bit of money no it's just stupid and people don't realize that that's not that that's they're they're being told it's necessary and the town's Mak them to do it and I don't think it's true if if if we're going to approve to rebuild on that existing footprint required to elevate it can and retain the foundation can't handle peers go up to 200 a half same street two years old maybe Gage com down so you getting some parking brand new structure um that's a 30 for is it a 30 okay but still we I I believe we would be I would be happier with three foot on one and three foot on the other you're still getting the same 19t wide home you're getting a whole new you could uh fit a garage in the front like 200 only 200s goes down but we have them all over town where they don't go down um I I would be much more comfortable with that okay all right so we're going to continue questions you're done go this way so we're saying that they had planned to just lift it up and redo the foundation if they didn't have to do that we could still accept all the existing variances once we Grant it we Grant it they they allow we're not requiring them to elevate and because they're not retaining the exist Foundation anyway if they were retaining this Foundation that might be a different conversation we having but if that can't hold the house there's no sense in elevating lowering old the old wood it just it's just it's just Dum just like they just like Mr Al came to us last month on 14th right same they got into the construction they stripped off the first floor and found it couldn't support the second floor so they had they came back to us to tell us that he had to get rid of that old wood well this one is barely supporting the first Flo the construction is quity the old construction that was just a sumtime bu what you're saying PA is that your your fear of not getting this house put back as big as it is is generated the need to raise the house and keep it exactly so if you were if you didn't have that beer and this board was uh aiming towards this build rebuilding the house like you have it planned You' rather tear the entire house down and store over the New Foundation build everything up from the bottom up which is certainly a better way to do it exactly 6in walls insulation everything so it's our responsibility to approve that or not approve that and I'm personally I'm happy with the plan the way it is and I would rather see this family get a brand new house then get a patch together house I would prove it that but we're proving it that way anyway they take it upon themselves to to imagine that I need to elevate and and lower because of a fear of not being approved it's a but it's not it's not it's not I think this is a bad example though to have a car blunch change to that ordinance though because a lot of times you have larger Lots well like ail said this is a hardship I totally agree but I just don't want it to be like we need to change this ordinance and all this kind of stuff because a lot of the times we're allowing them to stay with those existing guanes because they're leveraging the footprint that they already have right in this case they have no other choice there's no more but then also those people tend to gain the system too where they they go through the motion and then they build a new the renovation so it just stop it here right and they don't have to put in they put in as a renovation new build so okay all right I think we settled that one um I have no questions and I think oh I one question on this Veranda Ted it might be your question The Veranda is forly covering that second FL deck that doesn't cover a cover deck does it please tell me supposed open okay but there is like a an arch that covers the second floor deck a small sector a very small over it doesn't meet the definition you know that it's not a covered de or is it it says open air part of got roof okay so it's not an open air deck so then he needs another variance for that for that yeah okay so that's another VAR for that Ted If you paron me that that section of that little eyebrow that comes out which is a zero on the sides out a mass of three feet in the center that's not covered by a roof that's open it's just the it's just the section that's in set and the LA level that's covered by roof this section here this I just didn't want to overlook a variance that you might need thank you very much I appreciate it I'm not saying I wouldn't approve it I'm just saying I don't want you overlook it okay so I don't know do we need a just give should we ask for is um I'm going to close the um the the board question section open up to uh public questions and comments regarding what we're doing Mar hello good evening uh you can just State your address 107 you where that the information and testimony you're about to provide to the extent you're providing will be the tri the best to help you guys thank you so I'm confused now I really want Jen to have the house that you know they want to build but now you're talking about variances it lots that are very small so when you start Mr Bo I can't read I think that's your name um when you talk about three foot on one side and three foot on the other are you're talking about a variance now in in the foundation five foot is required but we have given variances for three foot on this side or three foot on that side then there comes um window issues and fire rating issues and things like that but um honestly what we've just been talking about about raising and keeping you you're adding a load of money I'm not charging that again all right I I I I think I understand your question okay just it's a 25 ft lot we've dealt with a number of those in the pest this board and prior boards you know all all those homes that are trying to renovate if you try to maintain a five foot setback on each side that means your house could only be 15 feet wide right so we tend to to recognize that as a hardship based on it being a 25 foot wide lot and try to work with the homeowners to be able to build a reasonably sized home and that's really if you look at some of the other homes you'll see the same all over this because now you can at least get a 19t wide home instead of a 15ot wide home instead of going five and five I understand that I guess what I'm asking is this right now we have four feet between the walls of our house I'm the owner of the house next door so they have a 2 and A2 foot uh side set back right right so now you're talking about three you're talking about 3ot from that property line so that you're talking about moving it further away from us or are you talking about exactly where it is now well pardon me sir the the W um setback is 2.1 ft so you're you're correct you're 2 ft also so that's a combination of four feet which the neighbor is speaking about but if you granted us a variance for six feet we could actually move the new house over a foot on this gentleman's side and have a 3ot setback on the west side and a 3ot setback on the east side which would make their wall further east from Mark absolutely correct okay that's all I well you don't want to get less than 3 ft because you won't be able to have any Windows no openings yeah I'm confused I thought we were we were leaving it exactly where it is right maybe not listen to the board trying to help you good evening the information and testimony you're about to provide you the exent providing will be the truth the best your know to help you guide yes sir thank you all right I've been on 15th Avenue 30 something years Jen was single moved in across the street um she's married with this beautiful wonderful family she's an incredible neighbor I know the history of 15th Avenue better than anybody 105 107 109 by the same owned by the same family gave it to the three cousins Vinnie deanton who had Alberta's modular tear the whole house down and he put up the what is this forever walls whatever the the port concrete foundation and went up Connie in the middle at 107 spent the same amount of moneyy as the deons next door Connie went up and she spent like $200,000 renovating where the deons at 109 did the same thing and now here's Jen and her beautiful family wanting to do the same thing so as far as privacy is concerned everybody has decks in the front some people have decks in the back nobody's actually in the back looking at anything unless it's probably the fireworks and um as far as the little bit of covered debt on the second floor I think that should be allowed no matter what because when the rain comes and stuff you just don't want it pouring into your house you should always have a little bit out so um all I'm saying is that I wish them the best I think parking is always an issue for everybody but they've survived with three children with cars on the street and um whether they do a new build with the front garage um you know pick up the house and do whatever or do your three foot setbacks I wish you all the best I'm completely for this application that's Ted right now the west side with the 2.1 ft are you saying no windows on that side you can't have an opening in structure within 3 ft of a propit and that's not zoning that's fire code regulation that's fire reg that's a building regulation so you're saying that the plan as submitted can't have Windows on that side he was going to keep this the first floor so he could have openings there anything yeah anything new you wouldn't be able to put openings there that's why I was asking about keeping at 3 feet you get 25% open on three it's got to be fire rated but you can still have open we just propos the floor bathroom window a 2x3 window and actually they can be fire rated but we haven't included any other windows on that so well isn't there a window on the wall I think we CAU a I think we we CAU a big would have been a big problem here I think we averted of what would have turned out to be a problem and you guys would had probably have come back so I'm GL that we through this so it seems like if they keep side that there would be no issue with Windows right well you're 25% opening on that side of struction right so you know I think you might have to that's a normal amount I'm sorry to interrupt that's a normal amount of Windows basically pretty much it it doesn't really restrict it a lot it's just if it's less than three now you got a problem PA you're comfortable with that 25 foot 25% openings doing we're doing basically we're doing the same house centered a little bit more on the piece of property three foot on each side of the house correct that's what we're talking about that would be great New Foundation new structure everything new and you're hoping that this comes in at a lower cost than it would have been by jacking it up dramatically dramatically the only thing you you you guys need to is is that change that was just discussed is that like I know it's not for us to the parking situation if they are letting you share the driveway is that making that parking less more narrow or less narrow less narrow it wouldn't impct okay that's what I want to make sure because if that screwed that up um if you have a Shar parking situation that helps you a little bit you should ask are you guys okay with it it's your house wide walkway from the street to the rear yard currently that will remain but that you got ERS right for them to to straighten out so ifications toprint and everything absolutely can I just say coup real quick things at the risk of same unpopular thing but just for the record so technically the notice was to add 12T to the rear and add second FL off so we're dramatically changing it that's one issue that needs to be discussed the other is always hold on isn't that addressed by the by the and and other topics that come up during the course of the hearing I mean that's for additional variances that are like the question would be if someone got this notice did they say I don't care so much as opposed to if they got a notice and said I'm going to demolish the existing house and build a new I mean that that's just you know a fair question the thing is at the risk of overstepping my bounds I'm just always a little nervous when um we're making major changes and and I think I think I heard the applicant say wait a minute I'm confused so I'm just I don't want to you know cross the line ma excuse me what do you deem is Major guys proposed except slid over just what well I'm just saying I heard the applicant say I'm confused I'm following so okay so anyway so it's a question for you as to whether or not you're comfortable I think I'll put that up for board vote then because I don't want it to be just my call I'll let I'll let all of us so I'm just saying that would be an issue my own opinion on that is is the the slight shift that we just discussed that allows them to have Windows and center of the house and maintain three feet on each side is an intelligent change that was discussed during the course of this meeting that certainly falls under uh you know any other ifications whatever that that Clause is but we're also saying not an addition but a new construction is what we're saying well I I don't think it I don't think there's material changes here no no I just but but I I don't know it's not my it's not my fault well that that's that's what I'm so the issue is I the variances I think are going to stay pretty much the same but the question is and again I'm not I'm not trying to cause problems if did you are you going to have a problem with the notice where it says this was an addition versus this is new construction now in some other situations it might be more of a more of an issue maybe Sor I just wanted to bring that up I have a question based on Tuesday's meeting if it was just the um the addition being added versus a new build how does that fall into affordable housing bucket we got to pay into they would still pay either way either way okay but the given the the amount of renovation I don't I don't know for sure how if it would change the price that much okay that's calculated by the tax assessor but either way they would be paying I we we pay for Kev you pay for your advice so we foolish not to I I wanted to bring it but but but I think the board should decide whether or not the what I would describe as the minor ship and the plans and the minor relabeling of this into new construction versus addition if the board feels that it's significant enough that it should be Reen noticed and reheard or Reen noticed and you know come back and then we can just R stamp at that time versus just approving it tonight they sound minimist to me what we just discussed board members feel differently to and and I'm not pushing I just wanted to bring bring the issue up so yes if you bring it up now well I mean but on top of it my earlier concern was also because I heard the applicant say I'm confused and I think there was not confused right well I just let's vote let's vote does that does the board feel does the board feel feel that the does the board feel that the changes that we've discussed here to try to assist the applicant in in building a more proper foundation and a more proper position on the law is it significant enough that they feel that the public notice was not appropriate I'm going to defer to legal counsil here I don't I don't think that's our call well going to vote on vote we're going to vote if we feel like these changes are significant enough to require a modified notice I would say if the building was being changed from this design and then it will require different notice but this is going to look exactly the same except 6 in off the footprint the the variances are the same building is the same it's just how you get there you just build it better ter so I'm I'm in favor to go ahead and vote on it and uh I just don't want it to be my call I think we as a board have to vote well I'd rather know what we're approving now than go with what they came to us for and then they change it on the Fly and then they say you know we're going to knock the house down because it could go that way anyhow it could go that way anyhow well if we approve this and move it over they have to knock the house down we know they they're going to have a new foundation and this house design see they they came into the meeting with a misconception about whether or not the house could be recentered on the law and we clarified that misconception Mr Kenedy I I I I can't disagree with Mr diorio I you have to tell us or not you we we feel we've got good cover here in terms of whether or not that's significant enough to advise them to come back with a modified notice I I I personally don't feel that way I I think I I I don't think the majority of board feels that way but you're no I mean you feel that way I wanted to bring it up I mean clearly it's not the best situation but to Mr gre's Point what we're looking at is what is going to be the end result the variances that have been noticed are going to be exactly the same maybe a little uh better a little little worse but that would fall under the any know language it's just I just wanted to make sure that we just had an abundance of question we discussed it if you're okay with this I'm okay with it I'm okay with it okay I look at if I was a neighbor and it was it was raised up and New Foundation put in and a little like that or it was torn down and I wouldn't know if I came back six a year later and the house was built it's not Material I mean in in other I'm sorry it's not I I know the technical difference saying that it was we were renovating existing structure but that is just a minor technical diff difference because let's face right they're they're not renovating into into structure right but just for the record in in in other situations the difference could be significant for instance suppose it was a much more lot much more larg and you were only 2T off of the property line and someone said wait a minute if you're going to knock it down definitely you've got room on the other side so you know in certain circumstances it would be much more of an issue here I get what we're saying 100% okay so you're advising that we can proceed if the board wants to proceed I'm totally comfortable with proceeding under this scenario we have to ask the apps we will have to ask the applicants I can proceed but I have a that's a different issue okay but no doing what we're talking about there yes I have issueing so let's finish what the board let's finish with the board questions because there are a few unanswered questions unrelated but we're choosing to proceed Mr Ken okay where Did We Were yes I'm sorry okay uh any other members from the public here to discuss this application public session closed um one of the board members wants to bring up a point that maybe we didn't before want me to start um well I'm the one that brought up or partially move you know starting over as opposed to doing that because I've seen too many around that had to come back or just you know they get torn down anyway because if it's that old it doesn't my bigger issue now that we discussed that um and start over if you guys can see the side is a parking spot there are none I know what it's like I live a couple blocks down from you um and when you get down by me it's big a problem but I just I've seen too many and I brought up 200 a half before which you may or may not know which house that is it does have a garage as part of the frontage what's the size of 30 but there are other 25s that have garages and you would have to tell me as the expert can can you I believe there's 25s with garages not 30s 25 25t lot 19t house with half a porch on the first level and a garage so that they have a parking space or even two with the front yard I'm more concerned sir about what they would lose in ter of living area in this very small floor plan they lose they lose half their they lose 40% of the or maybe 50 of the front porch lower level only and um another nine or 10 feet of the living room so that would make it in L shape as a from a nonprofessional well they would lose they would drastically change the configuration basically a minimum the minimum width on a garage is 12 ft on a singular garage so you have entry cuz you got 6 and 1/2 ft in car and then you got to open the doors so it's 12 ft plus plus the wall so we're 12' 8 in out of 19 ft that creates another variance because you can't have more the WD of the garage versus the all right Mr wait hold on let's just take the time out for I understand completely I don't disagree with the point you're making I would say if in fact that was a road where go down that's a ren noticed complete redesign got to come back I I mean so you know like the other board members everyone would need to vote as to whether or not they feel this as significant about that as you may but that clearly would trigger a whole events that's beyond what we'll talk about tonight so get to come back and do plans no this for sure so if you want to Bas your vote on that okay great I kind of lost my place here com board comments okay public session closed board comments and that's your comment go this way head towards towards the the kids are doing great by the way they're doing better than we are they're doing better than we are okay I'll just say I'm not in favor of this based on the variances I think you need to park with the board would the board consider granting as a variance for no if we're going to start if we're if we're go down that road then I do think a redesign and and and and and Reen notice is going to be required so so if you're if you're reconsidering getting parking I I think you let the board comments happen and then we could have that conversation okay because because I do think if you're reconsidering what you want to do design changes like that go beyond what we agreed to with Mr Kenny a few moments ago we thought thought they would be minimist and now you're talking about significant design changes that I do believe is going to require it to be Ren noticed and the public to be made aware that the design has changed that significantly noted thank you all right so I I have an issue with the overall size on that line I mean the the f is over 25% over you know the ex you know the required 25.5 over and it's a small lot and you know we're we're trying to get people benefit of down they go 5 6% over 25% over on this side is a lot I'm not in favor just based on the size un fortunate to have a 4500 lot okay I can to do you have a smaller lot eliminating raising it up keep foot Foundation anyway um parking is parking on a lot of the streets there's no parking um give a spot in my drive that far right Mr every time we have a small lot like this we always with an exorbitant number of variances and I understand that and I have no problem with it you have to do it it's a hardship Beyond hardships in a little lot like this and you've got a big family what are you going to do I'm in favor of it Mr yeah I applaud you for uh not doing easy things selling and moving to a place and buying bigger lot you want to stay in Belmar you're you're going to love I mean this is great place there you've got a perfect spot you've got a terribly undersized lot and I'm a of and then um you know for the board members you know who have dealt with these 25 foot Lots many times in the past maybe one than that um it is significantly a hardship it was that that was decided when those lots were were were cut up when the town got cut up um they were intended to be just summertime Bungalows which is why they're allowed to be so small um but we are encouraging that type of development on on what was summer only homes and we have to work with the homeowners to try to allow them to build something that's within reason 2400 square fet is certainly within reason so I in favor of the application because I don't know how else you could do it I I if if it were me I would not build a house that close to the beach that doesn't have parking but I'm willing to approve a house because it's not my house it's your house and I I I would encourage as Mr take another look at this and you don't have to go even though we're approving this tonight if may be approving it tonight you don't have to go with that you could rethink it and say show me another plan that that gives us a garage or gives us some sort of parking because I really think that's going to be a long-term regret but that's not something I'm living with is something I with so so I would be favor the application so that sure and Mr uh chairman if I could just um um say one thing in terms of what you said earlier this uh this application requires an F variance which under New Jersey Law is a use for a d variance okay so this application requires five affirmative yes votes so unlike other application for you just need a simple majority in order to obtain approval tonight the applicant needs five affirmative yes votes and then uh do you want I just want to make sure you understood that and then do you want me to retial so what we've talked about um or some of the things that I spoke about uh in terms of potential conditions would be compliance with all promises commitments and representations the team made tonight uh compliance with affordable housing rules and regulations and contributions um grading and drainage details to be reviewed and approved by the board engineer 24 month in 24 month time frame for obtaining necessary uh building permits after resol adopted uh needing any all outside approvals and if the application materially changes as result they would need to come back um and the post approval if it gets approved a post approval certification from the applicants professionals that the uh plans have been revised in accordance with the testimony presented the approved plans and the resolution um compliance with Ted's denial memo in terms of requesting additional information to the extent that is not um let's see um and then some of the things we talked about tonight would uh we're going to have the plans revised on that second floor in the north uh West corner it was labeled a bedroom and we're going to uh change that to a sitting area and confirmation that the new home would have four bedrooms we had uh let's see um perpetually maintain the Landscaping we're going to revise the Clans Mr chairman I think to have that the impervious coverage was going from 59% to 61% and the F was going from 29.6 to 95.5% I think there was a little bit of inconsistency and inaccuracies on on the plans um obviously nothing uh that this board approves tonight can interfere with any restriction that with regard to the the shared neighbor uh I mean with regard to the shared driveway uh Ted the height is complying uh compant the number of stories is not it's three but the the height will comply um we're going to clarify that they do need a variance for that cover deck to the extent necessary we are not approving a shared driveway correct we but I just made aware that that they're doing something over there but we're not agreeing with it it and I just wanted to say for the record that we don't have the authority to do anything with to that there's no driveway as far as we're concerned okay um compliance with all fire rating issues um now we're going to uh uh this changed a little bit so uh me little attitude we're going to move the house over so it has a three foot setback on theaster side and a three flot setback on the western side um we are acknowledging that it's going to be a new build and um let's see the house is going to look the same as what on the plans that were approved and I think that was the gist thank you that summary appreciate that do you have anything in the summary that you felt was missed or needed to be added no sir okay um are you are you aware I I I don't know that it would matter um in this case but just you know so Mr Kenny clarify for your your your client Saed that um if it does not get the five votes um how does that differ than if they chose not to go to a vote tonight Mr K so they're if you decided you didn't want to vote you would come back with revised plans if you would hear what some of the the board concerns are or if you vote tonight and you if you get five or six or seven votes it's approved uh if you do not receive five vot five votes it's denied which would mean as you were saying in the earlier application you could only come back with a substantially different right but I'm saying the difference between a Deni between a denial right versus versus them saying go defer on doing the vote and come back with now is is is is one or the other better for that like like like does it does it take care like it's not a new I don't know no they wouldn't they wouldn't have to read substantially different than if they chose not to let it go go vot right I mean normally whatever that means the applicants if they feel they have the votes they want to go forward um and if they don't feel they have votes they say right make some come back with some changes right with all do respect to the board I have um one comment and that is there literally nothing we can do about the F other than lose a third of the house a third of the living area that we that we're proposing right look at other houses that lots and try to try to mirror what they've done so I think we have no choice but they ask the board kindly to review review the project vote oh you were going to vote cor okay okay understood okay very good all right um so with that does anyone want to make a motion to approve I'll make a motion to approve I'll second okay great Mr R yes Mr GRE yes yes Mr yes Mr I have to say no just because of the parking and I don't like to be a bad neighbor but that's Mr Mr parking doesn't change parking is can I just ask them so how does this work of the Deni then how much has has to change that's a it's got to be a substantial change it's a legal question you can call me um or you can call April she can get you my number uh that's a um intent but I can call you I I can speak with you offline on that okay just just for clarity um I I think the board members who who were not in favor were were pretty clear about the concern that they did have so listening to those concerns would would probably be helpful if he came back to be reheard I also want to make sure that you're aware that when you come back to get reheard it may not be theid seven members that you see here tonight we have two alternate two we have we have F seven permanent members and two alternates um and and those two alternates um you know all of our schedules change so so it's highly unlikely it's going to be the same seven people I me we could try to make that happen but but I can't I can't promise that it would be the same and I have no idea that two members or three members that aren't present how they would feel if I if I may ask not withstanding the parking which we've already discussed regarding the f is there any suggestions that the board members who denied the project might suggest that might famili orate the situation got it down to maybe you know low 80s instead of 94 we've seen other plans on 25t blocks that were you 2200 sare ft all right thank you I mean I think you're you're you're pushing the you know the limit thank you very much that's all all I needed to hear Sor I agree okay so not has more to talk about no you do but but I just want to make sure we're closing down this application right now right okay sorry that it didn't get approved yourid were wonderful by the way you should be very proud of that that they stay so may I may I ask another another question is there a possibility of coming to the board next month perhaps if we could make those modifications I I suspect we might to re noticed depending on the significant uh size of the mod depending on the modifications modifi to be a whole new applications that that was the difference between going to a vote and not going to a vote getting turned down that's what that's what was trying to be explained getting turned down you you now have to come back with a new application and new notice you can call me tomorrow if you chose not to vote if you chose not to vote I understand that's what I tried to say and you said you wanted to vote so I okay would excuse me signicant enough change you can call April and she'll call me and and we can have a discussion it'll probably be better if you heard the three gentleman's concerns address the concerns and possibly they would they would feel differently on on voting again but again I'm just warning that it may not be the same composition of the same same s people we have right now we can't get the same second so these three gentlemen they attend [Music] impr single family hold they have decided to alter the plans um basically adding so they have decided to the previous PL had several variances and the only they got rid of a lot of the variances except for the front porch setback they're keeping that but the impervious coverage we approved it at 69% not to exceed 69 it was 78 previously they not not to exceed 69 but now they're saying they want to do 75.5 I think that's new variance I mean I mean it's so just so you know some of the other changes the existing front porch is proposed to have the columns and roof removed and new columns and roof installed the existing roof has both a cable and a shallow SL whereas the propos roof has only a shallow slope and the overall width of the porch roof is proposed to be reduced um then the second instead of a second floor Demolition and replacement with a full second floor and an attic which required front and side yard variances the second floor is now proposed to have the front Gable D Dormer removed and replaced with a larger Gable Dormer and shed dmer which would conform to the setbacks the existing rear one story previously planned to be removed is now proposed to remain with a relocated exterior door and the rear yard was previously planned to reconfigure the existing walkway repave the existing Pao and remove a portion of the existing driveway that was the impervious coverage um but now they're saying the rear yard work would only include reconfiguring the existing walkway my father would say my their question was um if they need to re Ren notice and come back to the board or can they make these changes so what what triggered additional variances modifications changes the coverage was clear that one but what else was VAR the coverage was the only variance that was changing was the coverage the other variances were um existing side yard setback existing front yard existing front yard to the porch I don't think we could Grant a variance without having bu coverage and we we can't just say oh that's okay they got it's a variance they got to come back right so the question is is can we tell them that the other changes that they're making are okay because it doesn't affect the variances but if they want to change the impervious coverage they would have to re notice just just building permit or or construction code type things like or or if they are I guess it's changing maybe the look of it a little bit but it's eliminating some of the variances they asked for originally I mean we we generally take a pretty liberal approach which a lot of towns don't but we on administrative changes I think we're more sensitive and that's I'm not saying a good thing or a bad thing but we usually take the approach that it's not dramatically different than what was approved and you're not creating any new variances or you're not exacerbating any previously granted variances we sometimes bring it up to you administratively saying are you all okay with this but I do think and I don't I don't enjoy saying this but I do think when they need a new variance I think that's the end of the but if they're willing to relinquish some of the previously granted variances they could use that to to ask for the variance they want Absol I think that's the answer to your question like they should come back and explain we don't need these things but we need this one now we're willing to give back so do you want me to tell them this whole thing has to come back or tell them that they can make well if they want if they want if they want to increase lock coverage I think we'd be more sympathetic you said that they would be eliminating some variances that we prev that's what their architect said okay so that would help them their arum to improve the coverage because they're they're eliminating variances that we previously gred okay so I'll tell them if they want to go with these new plans entirely they have to come back but but correct me uh Kevin because I thought once we approve variance it's set and stone it's done it runs with the land right so how do we how do we how do we unchange that we we could unchange that we could take those variances back on on on public well we can't take them back but if they're eliminated them and and the theory is we usually wouldn't mind that because heads office gets very excited when you need less variances so I mean that's you know and if you're doing something complying it do so if we rehe here we would then we would essentially revoke those variances that they no longer need my question though is if they came in with the application and eliminated the those variances would you approve it because they got they don't need the variant anymore they're building something better if they if the impious coverage stays to what the board approved and everything else just got better would you approve it or would you send it back to the board um no I I would approve that if they reduce the variances that they have I think that's a favorable change right reduce the variances and they could use that favorable change to argue look we decided come more into compliance with all these things over here we just need a little more lock coverage I mean that that's how I would come back to right but what I was saying was if they kept the impervious coverage at the 69% appr that we approve but they made all those other changes that they said where they're reducing variances or getting rid of them Ted would just approve it and it wouldn't come here so that's what I'm saying can I tell them that all those things are okay except for the if you want that you got to come back to the board and explain why okay that's what I want to and then just one last in in 30 seconds left Ted is very sensitive rightly so a sensitive guy he is a very sensitive guy and and and that's not a very well-known fact but he is very sensitive but he is very sensitive about um approving something in the building and Construction office that is different from what you all approved here so that's why Ted calls myself in April and says Hey listen how much different is this and and things like that is it more compliant or L they're not using the variants well exactly it's it's a favorable change but but there but just you know there are some towns that say no you got a approval to do X and I don't care if you want to do better make cover that lot got more yeah and and and and I but anyway that that's so it's fny the The Sweet Spot and and so that's but that's what that's about yeah but but but there I think there's no out that if they need if they're going up in lock coverage we can't just administratively approve that it's and by the way there's nowhere to hide I mean if anyone said hey how did you do that I I couldn't even make up something you can't yeah no we can't we can't just do that like on the side they've got to come back into the public because we're give the property yet another variance on top of the ones we've already okay so with that I will make a motion to adjourn oh do you want to talk about August meeting are we all set for that uh we're all set for the 29th and and what's the regular dat 22nd Okay so Thursday and 30 okay you see wizard on the 28 so that was a motion in a second