testing. Testing. talk to the zoning officer. >> It's in his hands right now. >> We did our final interrupting their signed off on they may appear. Please turn on your microphones.
>> In compliance with the Open Public Meetings Act of 1975, adequate notice of this meeting has been provided. If any member has reason to believe this meeting is being held in violation of this act, they should state
so at this time. We'll stand for the pledge of allegiance. To the flag of the United States of America and to the republic for it stands one nation under God indivisible
with liberty and justice for all. >> All right. Mrs. Wernner >> here. >> Mr. Venudo. >> Mr. Lewin >> here. >> Mrs. Notch >> here. >> Miss Sheen >> here. >> Mr. Walsh >> here. >> Mr. Zexer >> here. Mr. Joerger >> here. >> Miss Stevenson
>> here. Thank you. >> Okay. We need a motion for resolution Allen and Amanda Fisher 1013 Stockton Avenue. >> I make the motion. >> I'll second.
>> Miss motions. Mrs. Notch seconds. Mr. Lewin. >> Abstain. >> Mrs. Notch. >> Yes. >> Miss Sheen. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Zexer. >> Abstain. Miss Steven, I'm sorry, Mr. Joerger. >> Abstain.
>> M. Uh, Mrs. Werner, >> abstain. >> Thank you. >> Our next resolution is for Mark Atkin, 16004 Merlin Avenue, block 1187. We have a motion.
>> I make the motion. >> I'll second. >> Miss motions. Mrs. Notch seconds. Mr. Lewin, >> abstain. >> Mrs. Notch. >> Yes. >> Miss Sheen, >> yes. >> Mr. Walsh, >> yes. >> Mr. Zexer, >> abstain. >> Mr. Joerger,
>> abstain. >> Mrs. Werner, >> abstain. >> Thank you. >> Okay. Our third resolution is for Timothy and Elizabeth Fall, 1003 Lafayette Street, Unit B. I make the motion.
>> I'll second. >> Miss motions. Mrs. Notch seconds. Mr. Lewin, >> abstain. >> Mrs. Notch. >> Yes. Miss Sheen, >> yes. >> Mr. Walsh, >> yes. >> Mr. Zexer, >> abstain. >> Mr. Jagger, >> abstain. >> Mrs. Werner, >> abstain. >> Thank you.
>> We have a motion to approve the minutes of November 20th, 2025. >> I make the motion. >> I'll second. >> Michigan motions. Mrs. Notch seconds. Mr. Lewin. >> Abstain. >> Mrs. Notch.
>> Yes. >> Miss Sheen. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Mr. Zexer >> abstain. >> Mr. Joerger >> abstain. >> Mrs. Werner >> abstain. >> Thank you. >> Okay. Our application tonight is Patty and Jason Topchic,
1003 Lafayette Street, Unit A. >> Good evening board members. My name is Lindsay Nukem from the law firm of Monzo Cat Solales here on behalf of the applicants Jason and Patty Topchic. The property is 103 Lafayette Street unit A. The property is currently developed uh
with a twounit dwelling. The applicant owns unit A which has two bedrooms in it. The applicant is proposing to convert the attic space to an office. You saw a similar application to this last last month to the extent that you were here um for unit B. uh the property
because the property received a use variance for the construction of the two uh unit dwelling uh it is required to come before this board for any work that's done. The outside of the property will remain largely the same other than the addition of a new window. The only interior change is the conversion of
this attic space. Um no variance relief uh other than the use variance is required as a part of this application. Um I will have testimony from both uh Patty and um Paul if you want to swear them in. Sure. >> We're also going to swear in our board engineer. Please raise your right hand.
Do each of you swear or affirm to tell the truth, the whole truth, and nothing truth stuff you got. >> I do. >> I do. >> Thank you. >> Um, so with that, Patty, uh, can you confirm that you and your husband Jason own unit A? >> Yes. And, uh, can you explain for the board why why you want to construct this space?
>> Sure. So, we bought the property, the condo in 2019 as a rental investment property, but we use it as a second home. We are here as much as we thought we would be every year. Once a month, sometimes twice a month and probably more than we envisioned that we would be here. So, two weeks in the summer, all
the holiday weekends including Valentine's Day and my birthday weekend in March, etc., etc. I work for a large law firm. I have for the last 20 years in human resources. And it is very typical for me to be on back-toback zooms with lawyers either about mainly
going in the office, performance reviews, and I work at the dining room table. And when there are kids who want to go surfing and people coming in and out the back and front door with the snacks, the bathing suits, and all this, it can get pretty chaotic. And we've been doing this for six years. So, um,
we had started talking with our co-owners a long time ago about maybe could we build offices up in the loft um with a spiral staircase. And so, the other thing is that we do want to keep um renters from using the space up there if we're able to develop. We're right
now we're dealing with a um the drop down stairs have come out of the second bedroom and it's locked with a little lock there and I want to have better access for storage when we're not there. Right now the only thing we keep in the attic is our Christmas decorations. It'd be really nice to have the spiral staircase and to be able to lock a door
and get up there and put a lot of other things up there when you know we're not there and it's being rented. >> Um and this is obviously just the conversion of that interior attic space. No changes other than a window would occur from the outside. No, just the window. >> Unless the board has any questions of
Patty, I'll go over to Paul. >> Um, I know Paul has testified before this board before. Do you accept him as an expert or would you like his qualifications? >> I think he's going to give the same testimony you gave a month ago. >> I think so, too. >> Very identical. >> Well, he's an expert then. Um, okay. Paul, can you review your plan for the board or the plan for the board?
>> The plan. So, as was stated, the site is remaining unchanged. So, we provided the survey and we're looking for some waiverss from the site plan details. Um, as far as the proposed plan goes, uh, you should have received the floor plans in the application package. Um, we're
reconfiguring the second floor to fit the spiral staircase. Uh, there will be a door on the spiral staircase that can be locked when the top chicks are not using the home. And then we're converting a portion of the attic space into an office. And uh, this one will
have a powder room. Um and we're here before the board because we require uh a use variance on the site. Correct. >> Yes, we're expanding the non-conforming use which was the previous >> and are any bulk variances requested as a part of the application? >> None.
>> Uh because this is a use variance, we need to show the special reasons the site suitability and as well as address the negative criteria for the board. >> Right. So given that the site itself is remaining unchanged, uh we believe we're meeting all the typical criteria for light air open space, appropriate
population densities and sufficient space in appropriate locations. Uh the key benefit to this application is enhancing the safety and general welfare of the inhabitants. Uh the expansion will allow for more space to enjoy the home, mainly a quiet place to work. >> Um and the site is obviously
particularly well suited for the use because it's already there. Correct. Yeah, given that the space is existing and it just needs to be converted, um there'll be no impact on the existing zoning standards with the exception of the F um which is currently at.24%.
It's going up to 26% where 45% is allowed. So, we're still well under what's permitted with the addition. >> Um and you've reviewed uh Mr. Harles's engineer review memo and don't take exception to any of the comments in there. >> We have no issues. >> Okay. Uh that's um kind of all the
testimony we have. Obviously, we're happy to answer any questions. >> I just have one quick question. Is the uh garage a garage or is it any liveable space in there? >> It's a garage. We do not store we don't put the car in there. We thankfully, unlike the garage in North Jersey, it's
actually not a wreck, but uh yeah, it's it's a typical garage. >> Okay. >> Um with like three steps that go up into the kitchen from the garage. >> You say something about a powder room. Did you say that this one has a powder room? The other one didn't. Is that >> the other one did not have a powder room? But this one does have a powder room.
>> And the powder room is up is in the in the >> in the attic. >> If they're adding a powder room or there is a powder room >> adding a powder room adding >> proposed plan is for a powder room. >> I found that those numbers don't match.
So you have a Z2 and I think it's our Z3 >> again. Got me again. I wait what number >> I'm showing the floor plans >> we want to mark it as >> do you want these
>> I looked earlier too >> I think we might have had emailed plans that did not match what was printed and that's why this this happened last month for anybody who remembers but they're the same they're just labeled differently in terms of pages >> is there so it was just that you were
showing Z3. >> Yeah, this is >> and that's was in the packet. Okay. >> Labeled as Z2 for >> to me. >> I just don't like it to not match. It makes it a problem later sometimes. Thank you. >> Z3.
>> Z3. >> Is there um going to be two windows put in upstairs then? >> I think it's supposed to be just one. Um yeah, just one on the side facing the school. >> Okay. because we're like between the school
and Datnik, excuse me, um, Datnik and the pink house. So, it would be the one facing Datnik's property, not the school, but also facing the school. >> There's no more questions from the board. >> Good evening, everyone. I'd like to
summarize my October 23rd, 2025 review memorandum. This is a project that's located in the R2 lowmedium density residential district. Um this is an application for a use variance with regards to the expansion of a semi- detached dwelling which not is not a
permitted use in that zone. Um you've heard testimony from the applicants. They're essentially um increasing the loft area um creating habitable space in the loft area that is not used as loft area. And they're increasing the
habitable area of the dwelling from 2825 square ft to 3,68 square ft. With regards to completeness, there were waivers requested from items 2, 27, 28, 31, and 33. And uh because of the nature
of this application, uh we supported those waiverss and we do believe that um the application should be deemed complete and you do have enough information to review this application. Um moving on to page three or four is our zoning review. Um as you can see,
there is one non-conforming situation. Um that is the variance for use. Um it's an existing semi- detached dwelling. They're expanding that semi- detached dwelling. All of the other bulk and area requirements in the R2 district are being met. Um you can note and highlight
uh they are under lot coverage. They are under the floor area ratio requirement. The the site is parked um appropriately. Um and it should be noted that this site has accommodated these uh non-conforming
uses up till now and the board should be just considering whether the site can accommodate this increase um in floor area ratio um that's associated with the proposed expansion. Moving on to the general review
comments. Um these should all be conditions of approval. We just request that the zoning table be revised to reflect comments in the review memo. Two is our standard condition that we ask them to replace any sidewalk in poor condition. Although I'm not sure that this does this have sidewalk on the
front. Yes, it does. Um the item number three is our standard condition that we tie the certificate of occupancy to an acceptable inspection. Um and they have to post an inspection escrow in accordance with the code.
Four is comply with the requirements of the shade tree commission, fire department and public works department. We received reviews from the fire department dated 11725. They recommended approval. Public works department recommended approval dated
11125. And the Shade Tree Commission recommended approval with the following condition and that was dated November 7th, 2025. And they asked that the large aspen on the side of the building needs to have a tree protection zone in place
uh for protection of that tree. Can that be shown on the plan? >> Sure. >> As a condition of approval? >> Okay, if that's acceptable. And then finally, items five, six, seven, and eight are standing conditions. And just of note, the project is located within the historic
district. I indicate it does not appear that historic preservation commission approval will be required, but there are new windows. So, I'm going to strike that and you just have to provide evidence that you've received their review and approval.
Um, seven is uh they have to comply with any and all applicable affordable housing requirements. And finally, should the board grant approval, uh the applicant is required to revise the plans consistent with the conditions that you set and submit the requisite number of plans to the board engineer
for review and approval. That's a summary of my report and I'm happy to answer any questions the board has. Okay, any questions? Mr. King Um the motion I recommend being made, but
how you vote is up to you. Well, this is a variance expanding and non-conforming use. Mr. Hurles explained the um standard which is the site needs to be able to accommodate the increase uh in use. I remind everyone you approved a nearly identical application last week. So we have the arbitrary and capricious
standard to deal with. So, um, the motion I recommend being made by how you vote is up to you is a motion to approve the variance requires a vote of five out of seven. Uh, Craig, was there anything else besides just the variance? >> No, it's just the the waiver.
>> The I'm sorry. >> And the waiver? >> Oh, the the waiver from the checklist items. >> Okay. Yeah, as as indicated in the report. That's the motion I recommend be being made, but how you vote is up to you. >> Make the motion. >> Second.
Okay, Michigan motions and I heard Mr. Lewin second. Mr. Lewin, >> yes. >> Mrs. Notch, >> yes. >> Miss Sheen, >> yes. >> Mr. Walsh, >> yes. >> Mr. Zexer, >> yes. >> Mr. Joerger, >> yes. >> Mrs. Werner, >> yes.
>> Thank you. >> Thank you. >> Thank you. >> Thank you. Um, >> go there. >> We have the uh bills to approve if someone would like a question. Did you give us a picture
that really belongs to another application >> or someone? There's one other half, but then there's this one. Wait a minute. Oh yeah, that's next to the park. That's obviously this. I apologize. >> We'll get back. >> Figured as much. >> I'm sure we
Sorry about that. >> Wonder where that went. >> We need a motion to approve the bills. >> I'll second. >> I'll second. >> Okay. Miss Stevenson motions and Mr. Joerger seconds. >> Mr. Lewin. >> Yes. >> Mrs. Notch.
>> Yes. >> Miss Sheen. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Zexer, >> yes. >> Mr. Joerger, >> yes. >> Mrs. Werner, >> yes. >> Thank you. >> Do we have a motion to adjourn? >> So move. >> All in favor.
>> Thank you everyone. Have a good night. Merry Christmas. Happy New Year. Happy other holidays. >> Plenty of time. Mary time. >> Boy, I'm I'm going to be early. >> This literally comes into the head. Oh, I'm parked where
parking. >> Uh, you're right. >> It's taken us this long to approve the minutes. professional tax.