Board of adjustment adequate notice this meeting has been given pursuant to the provisions of the open public meetings act at the time of the board reorganization in January of this year the board adopted its regular meeting schedule for the year notice the schedule was sent to and published in the Asbury Park Press on January 31st
2025 and the two River times on January 23rd 2025 that notice is also posted on the bulle board in burough Hall and has remained continuously posted there is required by the statute copy of the notice is and has been available to the public and is on file with the office of the Bro Clerk copy of the notice has
also been sent to members to the public as have requested such information and accordance to the statute adequate notice having been given the board secretary is directed to include the statement in the minutes of this meeting before proceeding with the formal meeting tonight I'd like to say a few words to the applicants are experts in the audience about the role and
authority of the pr and Zoning Board of adjustment this board is a separate independent inicial legal entity and its limited Authority is specifically set forth from the bur ordinances and the New Jersey municipal use law this Clause out judicial in nature and the members of the board were unpaid appointed by the mayor and Council the zoning board
does not enact the B land use laws and regulations the B Council does that the zoning board does not enforce the land use laws of the bur fair this is the responsibility of the burough code enforcement officer this board deals with appeals for relief from the requirements of the bur's land use laws or denials by the zoning officer an
applicant is never entitled to a variance also known as an exception to regulations but must meet specific criteria required by the New Jersey municipal landuse law and the Fair Haven ordinances by satisfying certain required standards approved the board has no authority to wave these requirements the burden of proof is
always upon the applicant to show that he or she is entitled to specifically requested the applicant must prove that a deviation from the regulations will advance the purposes of the ordinance and that the deviation would substantially out outweigh any detriment to the Zone plan variances relate to the future use of the land and are not
intended or authorized to remedy temporary or unique personal situations roll call please sh here here here here here pres please Jo
Al United States America the stand One Nation God indivisible andice okay uh first announcement is that the Lee application um is not going to be heard tonight um anyone on the Le application issue with a notice in the
Le application um do we need some sort of an extension of time to add stipulation or just not hearing it because it just isn't ready just isn't ready okay uh with that out of the way we'll now be hearing the LaVine matter bring all your Witnesses forward anybody
going to testify on this application think they may testify on this application wants to shout out from the back please step forward to be sworn ask you stand up please please raise your right hand testimony you give before the board of Truth whole truth
nothing but the my general direction is uh prior to your testimony state your name loud and clear for the record spelling your last name okay everybody have a seat and if I can I just want to Mark some documents okay sure all right we're going to Mark
uh the Zoning Board of adjustment application and then development checklist is A1 going to Mark the zoning permit denial last December 14 2023 as A2 going to mark your architectural site plans
floor plans elevations I understand revised to February 25 is that correct correct Mark A3 survey of the property is A4 that survey dat June 15 2020 one RIS A5 color photographs of the current
state of the property undated A6 list of variants and labors requested and state legal basis for variance application undated and I also have the I guess CME Associates report dated February 20 2025 of the signature Jordan
Rizo it'll be zb1 and also we going to Mark the Zoning Board of resolution that we demoralized with regard to this property June 6 2024 as zb2 any other exhibits that you're going
to refer to uh no okay FL is yours um one second I'm sorry do we have jurisdiction yes okay the the latest version is is March 6 I think you said it was February
something what date do you have uh February 25 25 did we we received something today yes yeah but it was it was dated February 2th okay but the revision I'm
referring Mr K I just want to run through the the checklist waers sure um first one is a letter from the zoning officer uh This was done originally first application I don't think any exception um at this point not get an updated auit letter all the
relief is covered my letter um I not that a p is outdated in my letter but I think at this point um that's been updated and was included in notice so that's no longer applicable and then um ownership dis schol statement not applicable MTH County fre SCV Health
Department applications not applicable um and any in all cidence lections I understand are not appliable so I don't take any second so anyone have any objection to those issues this time okay um I'm gonna ask Mr kovat since I see that the applican are
without Council to set the stage for us theine matter was furred in 2024 I believe and received an approval and there were varages granted so uh Mr kovat if you could start by just explaining to the board what was done in 2014 24 um what variances were granted
and whatever other summary of Prior application this application was heard back on May 16 2024 the resolution memorialized the approval was June 6 20124 at that time the applicant sought variance and checklist relief uh for VAR
to for approval to partially demolish a portion of the existing one story dwelling to construct a second story Edition and a half Story Attic covered porch covered rear deck and patio interior res Renovations throughout the house were also proposed total number of
bedrooms would increase from 3 to four with the flexibility for a fifth bedroom on the fourth floor proposed dwelling contains an attached two-car garage and an increased driveway from h Road and provides for parking for one vehicle on
the side of the garage during the course of the hearing um basically the board considered various options for development of this site and I be referred to them as driveway plan plan a driveway plan a was The Wider driveway
area inclusive of a third parking space as designed but subject to placement of a dry well designed to capture water from all roof leaders applicants shall submit the requisite plans for drivew placement for the burrow engineer to confirm the feasibility of the drrive
well system and comply with the engineer's recommendation regarding the same if plan a was not used then driveway Plan B may be employed by applicant consisting of a 22t wide driveway centered on the garage as designed including a shade tree
requirement to the left of the driveway and waiver of the parking requirement all of this was generally conditioned on the fact the applicant was not going to be demolishing the existing residential structure on the site I understand now
that that may have changed U the variances that were specifically granted what were they variance relief was granted there was a minimum required side yard setback of 7 ft where the existing dwelling was setback 5.9 ft and the proposed Second Story which would be
exacerbating but was still proposed at 5.9 ft single family Zone District or in a lot with single family dwelling an entry driveway or walkway may cross any yard area but not more than 25% of the front yard area shall be used as
driveway or for off street parking and in this instance in excess of the 25% was 37.5 ft um waivers were ownership disclosure I don't know that they are necessarily impacted this particular
application two variances one for the driveway lock coverage in the front and the second with well the uh the impervious coverage in the front relative to the driveway ordinance and then a sidey setback and Jordan did we have um any further discussion subsequent to the approval with regard
to the driveway and with regard to selection of options A and B and I think the board was initially steering towards the drivew option um and like I always like throughout there it's not always a guarantee that it's going to work so we came up with an option b which is if the
drive well doesn't work either a high season on my water table or bad infiltration rates um obviously it won't function and they should you know work through another option so um they had a geot out there signed report um High season high water low infiltration um they had another
engineer take those results sign off on the summary stating that they don't find it feasible for a dryw well so at that point it then deferred to option b which was um a smaller driveway it's 22 F wi basically the width of the garage um and
they're not going to have that extra um you know third car area on the on the left side of the of the garage um with that the board also included an option b that that um it it'ss determined later on after the board approves it to go
with option b um that the additional relief necessary for um parking would also be granted with that so with option b they require three parking spaces um and only two are provided with uh the new
driveway um and then with option b as well the variance that was initially granted for the front yard area for the driveway which is 37.5 that gets reduced down to 29.3% still requires relief but I want
to point out that it is a reduction that option so from your perspective that was talked through the decision was made to go with option b that issue's completed yeah and the way it was left in the resolution was didn't need to return to discuss that um it was to be handled administratively
afterwards okay all right good set the stage for you all right Al registered architect New Jersey we can stipulate your qualifications Mr AR thanks um I could start with the
refresher might help the what the project is if you guys would see that so uh the original uh proposal was to um basically do a renovation of the first floor it was effectively a ranch or a
bungalow uh and add a second floor in order to you know make it a more contemporary home larger home more suitable for a family as well as a attached two-car garage in the front uh a new covered front porch a small well
not small a one-story uh living room Edition in the rear a covered deck uh cover Terrace deck in the back as long as uh adjacent to a patio INR um so there was a summary given before about you know
bedroom before you go sorry is the plan you just show look back please yeah on the original proposal which of the the exterior walls would regard to the first floor we supposed to so I can point to I would
say all right so let me draw these were the clay tile walls that went up to the top of the first floor wood framing attic framing above that there was a significant percentage of the wall
removed right here and there was some miscellaneous openings for like 36 in doors and windows spad so the proposal was to keep the perimeter walls to break the wall where you were adding the addition and to cut through the wall where you wanted to add
a door but otherwise all the first floor walls were remain correct doors and windows punch through and one major section of wall in the back for again correct that one one story Edition in the rear um so going back to we didn't get too far this uh in the presentation
in the first uh meeting but an early an early meeting between uh me the homeowners and the contractor uh when they express a desire to keep this as much of a renovation as possible on the first floor it turned into more of a renovation as the design process went along before we came in front of the
board it still seemed that it would make sense to maintain at least the exterior wall the fight tile walls and in fact the contractor and I had done the same at his house also in Fair Haven and that worked out pretty successfully where it made economic sense less disturbance so
on so forth uh fast forward to uh October uh when the demolition started around mid October uh the Mason went out with the contractor and questioned if it would actually based on the existing conditions uncovered uh if it would make
sense economically just to rip it down and go up with a wood stud wall the contractor and the homeowners correctly uh contacted me to say hey is this something we can do knowing that we got zoning Varian and so on so forth I'd send an email to Joe mule uh asking as
saying I know this is a sensitive issue based on a resolution I'm not sure how the board would feel I believe he may have talked to some members of the board or uh chairman so on and so forth came back and said this would require going back in front of the zoning board at that point I related that to the
homeowners and I I get what where they were coming from they would rather instead of saving the money on tearing the house tearing the the walls down their thought was let's keep it up at this point because obviously getting back in front of the villain board takes time and that was the route they elected
to choose so let's say that was late October fast forward to or I think it was mid January I'm going to ask a question about what happened in October because I was a part of those discussions my understanding was that there was specific discussion with regard to the wall that was not in
compliance with the side yard setback are you saying that the discussion was with regard to the entirety of the exterior perimeter walls I as far as I knew it was I I didn't know specific sections of wall but there were certain sections I I think and correct me if I'm
wrong as well I think the the Mason just generally questioning without knowing all the comp complexity of zoning variances and so on so forth did it make sense just tear them down and build wood frame up as opposed to repair certain cracks that were
found um I don't know if it was just located on that one wall I I feeling there were probably other areas as well that was my assumption okay so uh they um when uh the building inspector came by I don't know if it was for a scheduled inspection or you just knew it
was an open the building inspector came by and and his credit didn't understand all the issues with just taking the walls down directed I believe the contractor the subcontractor to remove certain sections of wall which they did
and not knowing that the building inspector doesn't necessarily represent the authority of the Z board so that's what they did at that time can can you clarify what you're saying because that doesn't sound like what a building inspector would normally do the building inspector directed that walls that were
supposed to remain and were shown on the plans as remaining in terms of what had been approved for construction were required to be removed that that's my understanding is that this is Tod Peter Peter to
and the contractor he didn't require them to be removed but the walls were compromised and he's like what are you going to do with can't stay so at that point and my Mason was also said the same thing he's like these
walls are Beyond compromise they can't stay so they're came out and which of the perimeter walls did those comments relate to all of them uh the ones that came down so everything except for what faces the street you can't take down a masonary wall and
not leave like two flanking walls and just have like one wall standing up or else it has no it's not tied in at all so there there were full cracks going through like an entire wall Greg home
so I don't know anyone needs a story what happened or going why don't we trying to St with the AR we've got that color commentary yeah uh and so in between and I I think this is significant for the
board uh when they understood that taking the walls down meant coming back in front of the board and also have implication for schedule and all that stuff they they between then and now incurred the cost of keeping and working around the walls so the intent was not
we're going to take them down it they've incurred additional cost to keep things up and I've already incurred that that cost yeah and to to kind of back up what that means so we hired a separate demo team in addition that was strictly just
to do the internal of the internal part of the house so if we had any intention of knocking down the Walls we never would have hired that crew to come in so we were taking as many steps as we possibly could to maintain these walls
but to be clear when the query came back through to the buau with regard to are we permitted to remove these walls was that before or after the inspector told you that they were not suitable to remove that was around October
15 was before yeah several months and and at that time we we advised that the applicant could come back before the board and the decision was made not to but you'd already been told by the inspector that they could instead so what was the plan October 15th when the
decision sorry that the inspector that was I think it was January 13 like mid January so about three months later so the inquiry in October related to discussions outside of what happened with the inspector in J correct and that
that was more just discussion between mas and the contract and once exposing the walls that have been furred out on the inside and seeing that the condition of them is not necessarily visible on the outside again I've seen these walls over fine when we open them up that was
upon seeing the real condition it was pay to save these and do this spz building exent AC okay so um yeah so that that basically explains how we got here I could go in more of a refresh details on
the original plan but that's really the prods of why we're here well so but no because in October we talked about whether or not the walls could be removed and the response from the burrow was that they could not in January you were told by the inspector that they needed to come down and then they did
and work was ongoing and there was a stock work order issue so at some point along the way the walls were removed but construction continue right no nothing happened after the work order was issued why was the stop work order issu uh we just received an email from I
believe Jo issuing the stop work order it was due to the wall coming down but wasn't stop work order from the building inspectors a stop or order from the Zone Jo advised the building
inspector to issue the stop work order the building inspector reached back out to Jo M advising him saying hey I told them to do this or advised them to do this and they had a discussion and then they'll work stop work order was
issue date that fourth the stop work issue so I think it was like within a day or two fire that just so it's the images that I'm holding here that marked A5 was approx when were these taken
approximate uh it would have been probably a week after that because it was in preparation for this meeting week after February stock work order uh I can check my phone for the exact date I'm just just trying to get a timeline as to what I'm looking at it
was in preparation for this meeting so it would be it would be after to work and and I think it's safe to say that the photos that we've been presented would accurately reflect the condition of the site today the site has not been touched since that work I think that's yeah um I have all the dates
written on timeline here too if you like them these or just on your fin just a timeline of all the dates we mentioned okay thank you so the current proposal is to build off the existing Foundation
standard wood frame 2x6 everything stays the same exterior walls the variance would would remain the same uh 7 feet side yard setback required uh 5.9 proposed and that again is due to the existing foundation wall
where that is building off of that so effectively nothing changed except it's not a renovation Edition by code would be new construction happens to be largely built on an existing Foundation crawl [Music]
space that's why does it show 20 ft so so I'm sorry I'm asking Mr effect I'm looking at the survey the so so the existing it's on that side this is the
side that's supposed to be seven 69 that's that's the wall so so okay so the garage has been the garage was an addition that was built in front of the existing house
okay and so the the the combined side yard requirement is what in this Zone combined side yard setback is 16 proposed is on the single and and and how much of the
foundation as it appears in the photos was existing and how much is new yeah that was my question is that all the foundation in those photos is that what was there you haven't put any so so just the all we did was take it
down the top of the block where it like comes out of the ground we didn't demo the entire wall we left it say 12 in out of the ground or plus or minus for the existing structure the additions are also done as per plan okay
photo 3 that's new I'm assuming that's the garage new block that's new block the garage the garage is new and that addition off the back is new okay so all the all the foundation is in right now correct foing Foundation correct got so
was the New Foundation constructed before the walls were demolished I think it was can't remember exactly yeah they were they were because the plan was to keep them so the plan was we built that and then
started the the back this is the backyard okay so but the Mason was on the job the Mason installed the foundation for the addition and the issue of the suitability of the existing walls was
already on the table right Our intention was to try and fix it to keep with yes but in October the Mason told you it wasn't going to work that's not true he didn't say it wasn't going to work he said hey Tod what are you doing saving
these walls I said they're on the plan to stay let's save them he goes okay it' be way easier for me to take them all down I go I get it I went to My Demo guy he said yeah take it all down I'll save a ton of money that's when we went in front of you guys or we they sent an
email saying hey can we take them all down you guys they came back no so then we went in brought in a specific demo crew to in selectively interior demo the house then we brought in another crew to demo the roof and all that and just the
Mason came back and he's like I I don't know what I can do with these walls he's like they're in bad shape so in between that Nick um Fabiano the building inspector stopped by on his own accord no one called him or anything and he just said the walls are shot you can't
save them so that's when you know the Mason was still kind of I was like let save him and after he did the other he was you know going back and forth man he worked on the other Foundation he just came back to it he's like he's like what do you want me to do so knock him down
build him back up a block or just knock him down and start at the top of plate with the other Foundation we don't know the building inspector said thought about this right we have testimony under oath that the
building inspector told them that he was not going to permit the house to be reconstructed on the existing walls stop me if I'm wrong not here it's not yeah he's like what are you going to do with those walls I don't know what he
said to other people but he was not allowing those us to build on you canot construct on let me just make the it is technically hear say this instance because it's off for the truth and matter of Serv but in an administrative proceeding such as this here say is admissible we can decide what weight you
want to give them you so are testifying that that's what they were told under Ro yeah that's that's what I'm F focusing on is if they were testifying under Ro that that's what they were told and that they made their decisions based on that information wh why is the wall in front
going to stay after all us I me you're just trying to keep as much I mean ideally it would come down it would come down too and it's just top of block like it's not like we're taking him down building fooing changing anything it's just going right back on the same exact BL found
the thought was once this happened when we were talking we to asked should I just take this wall down at this point I said I think we out of respect just leave it app so we don't just keep going but everyone would prefer that this com down correct and you're all here now anyway that's something we should
probably right well and that's and that's not in violation front always except for the encroach is there is there anything on this Foundation that um was not approved the first time around
no so on the left hand side of this picture in what looks to be the existing Foundation there are a couple of peers against the wall that look to match the New Foundation materials were
were those existing are so you built new peers yeah inside the existing wall cor just for the structure appear here and the purpose of that is because we weren't knocking down all the walls we needed to add
additional peers to do the flooring so so yeah if we were knocking down the Walls we wouldn't have actually need to build those so all right so the so let me just want make sure I have all the fact so the foundation is the same from the initial
plans right that you guys proposed nothing's changed the foundation work was done before you knocked the walls over after the walls came down and you had to stop work order you haven't done anything else the only reason you didn't knock the front wall down is just CU put
a stop work order and you didn't want to mess with anything going forward and nothing else fundamentally has changed about this at all corre is that all correct corre okay a basement seller orw it's a crawl
space get there with the headlamp down by the pier yeah okay so this is the same thing top of here I wasn't going to say that Frank I was working on that for a while de is
that it Mr know you can't go in there consult that's is there anything further that you the offic wants to present is it going to change the look deciding the any of the exterior
no change the opportunity to correct the deficient side set back yeah what will the final combined side yard setback be once the house is completed I think it's 21 right I had 21.1 I've got
15.2 on the left side 5.9 on the encroachment 21.1 and what's the requirement in the Zone 16 sorry it's it's 20.5 you add if your Frontage is greater than the minimum Frontage so it's 20.5 is the required yeah
got 21.1 is proposed 20.5 is requ why is that Jordan you add 1.5 feet um for each five feet that you're over the lot width requirements
75t requirement 60 so got it yeah so it's a 15 and a one and a half got it okay so it's compliant and the foundation already and just not complying on one okay nothing further okay so are
there any members of the public that have any comments or questions with regard to the uh application say that yeah no okay anything in closing
consideration yes sorry for my ignorance uh so where do we stand after you guys get there okay okay look the issue here is that if the
applicant had started where they are the house would have been moved a foot and a half into compliance yeah they have the room the Lots extra wi and we wouldn't have this problem the purpose of the ordinance is to to create Conformity and you grant variances when there's a
reason to do so um in this case under the C1 or the C2 criteria the hardship that you're presented with is a hardship in the land and the improvements but it is self-imposed by the applic there's no way that anybody in
their right mind would have gone to take an extra foot and a half down this road it's a disaster however you should be mindful that the entire town views this and can see this and
they're clearly in a jam and I totally get it and I'm I'm trying to just lay it out for the purpose of the record but the bottom line here is that the the the underlying application is to create a variance that could have been easily
fixed had this been thought through from the beginning and properly investigated and and a conclusion was drawn at the right time time that the use of the perimeter walls was not practical there you go and here we are and here we
are so I sympathize with the the applicant this looks to be obviously very difficult situation and I think for the community sake we have to figure out the way to let them proceed as quickly as possible and get this house done and I don't see much point of saving that
wall in the front it it just seems like it's better to take that down and let them get after it and hopefully get this job done is that what the applicant is proposing they have not proposed that I know you have suggested that but the applicant has not proposed that yes we
would propose that it just doesn't seem to make sense to say that noing so here's the question for me is that and yes I understand removing if we did a tear down we could fix that and a half of what put 1.1 ft
on the one side how would we have viewed it if somebody had said well I want to keep I want to build on the existing Foundation the foundation is fine and I want to goild there and there still my I still have my hardship would we make then move that Foundation a foot and a half even though they want to reuse it that's where I'm a little gray on on
with the CH if I can just step in my interpretation where the law is they still have because they have not they have not changed the foundation with the residential structure right I still
think even though the walls aren't there now it's a matter of whether or not you have moved in that second floor I still think they get to take the advantage of the existing structure that excuse me Foundation they have not moved
that's we're not putting new we're not putting new cast foundation in therefore it's still s existing structure that as you know pre it's not it's not to the extent that it was it's now can feet up it's still lower but they're still building on that Foundation they're not
proposing to go farther than that existing Foundation I still think they have SE one hardship of the pre-existing Foundation there but corre me to be to be weighed to be weighed now as to the second floor whether or not
you would allow that to be exacerbated you're going to have to balance that what would what would the structure look like that look look don't don't don't misunderstand my attempt to lay this out for what it is I I appreciate the very difficult situation and also that the completed house is not going to be any
different than what was approved last year however the representation in the original meeting that we are preserving the exterior structure we are going to demolish the interior and we are asking you to Grant the variant so that we can build a second Story the first floor is
GR grandfather they didn't need a variance for that they needed a variance for what was going on top of it and I I I'm I'm having a discussion about the the facts without consideration for the situation that this particular homeowner is in because that is my understanding
not to be included in what we're really dealing with it is what they're personally going through that causes you to want to solve this problem and it causes me to want to solve it too but I'm creating the appropriate record with regard to what the board originally did and where you find yourself today the
saving of a foot and a half of a of a slab Foundation is not a material cost Savings in the scope of building a renovation of this scope in fairen in 2025 at
all I mean it's saw cut it's saw cut you adjust it over the addition has moved over that's what you would have done I don't think it is doesn't the addition line up with the existing front well I can't tell from this perspective the addition is
[Music] compliant well the rear of the addition is compliant the proposed addition over the previously existing was still if you look at if you look at the
U the second floor you're really compromising that bedroom you know on the second floor by moving that it's a small room as it in you wouldn't lay it out the same way you would not you just adjust the way you laid it out
to begin with I I don't think it was purposeful I'm not suggesting it was purposeful no but absolutely I just think I just think you would have wound up with a different house if you'd done it right yeah and so it's not 12 feet into the side set back
it's a foot and a half just again amplifying it for the purpose of the record if everybody's good let's just somebody somebody make a motion let's finish up yeah hope to know that the yard next to the smaller set back uh it's buning up
against an uh detached garage and not like someone's home yeah that's a good point I I I recall we did discuss that the I recall the homeowner from that side being here at the last meeting I think somebody from the neighborhood was here because they were saying that how
much distance there was between the two there was also discussion with facade facade remember and that thin line to make it look like it's contiguous and they said well it's the garage it's not like we're looking right outside of it anyway right there's something for that effect I you can see that it's the driveway there but it's a very good
point Jackie here here's the problem with taking that into consideration all right just apart from apart from what's performs there's nothing about the adjacent property that is that is SED up that will eventually be taken down and replaced and somebody will build exact
ly up to the line and it would be different and and so you can take it you can take it into account but I would suggest to you that it's problematic to put too much weight on it because it's not it it's not static it's g j right it is on the driveway side of the adjacent
property it's not the house side adjon property it's not like you you know what I mean like that that will always be there the neighbors drive up maybe not I believe there was a sound basis for grunting the variants a year ago so I I I think that all in I think that the
variant exp Bas does anybody have anything else I'm going to make a mo sorry can I just add one thing yes um with any approval can we just clarify in resolution the uh with the updated driveway the new percentages we get yeah in the front and
that we're electing to go with the the smaller driveway no drivewell old plan b y yes but it it just modifies are the numbers in your new resolution okay sure Jordan I I came up with 29.4
just 293 anyway 2935 try not to come back here okay then I'm going to make a motion to um approve the application as revised uh based upon the accuracy of
the record and we get the numbers right for the the front line front coverage front wall yeah we have to mention front wall on the removal of the front wall to complete the the removal of all all the existing block walls and to be rebuilt
stick frame as proposed um I don't know if this is the appropriate time to ask as well you want more sorry the home owner and contractor Sly I don't know legally if they can I know
there's a waiting period for posting resolution notice and stuff is this the sort of thing that we can proceed with if if approved at your own risk you're at your own risk days the time the time to to appeal runs after our memorialization you start to do anything
forward someone decides to claim that you know yeah in that 45 days you build the house they have an appeal because we haven't done it for another 30 days correct well you make do we have RIS do we have to do the usual or we at least
wait till the resolution to submit for an updated building permit you don't you don't have an approval until we adopt the resolution okay so you have 30 days before a resolution will be adopted okay um well the demo is leave the record as it is yeah if the demo is part
of my motion then we have to wait to complete that demo I a second Mr jie yes mangelo yes Mr Ryan yes Mr for yes Dr Walker yes Mr oh good luck
so is is the understanding from that then we can do it as long as someone doesn't come saying that there's an issue or talk to an attorney about that as far as I'm concerned the period with which
to appeal and the approval runs pH memorialization well the memorialization is the next meeting that's when we're going to memorialize the resolution and then 4 days after that so the resolution doesn't get passed no I understand that's when you guys the demo
was part of the motion so the demo can't continue this but we take down that law continue correct after days did we leave the removal of the front wall as an option no it was part
of the thing remove front wall is going to come down everything's going to come in they can't take the front wall down until we pass the it's better approved 30 days from now resolution will be before the board to be adopted they usually get adopted that day after it's
been approved it'll be published and there's a 45 day window for appeal there issues with regard to the building department you have to address directly to the building department the the discussion we're having is with regard to doing further work before you move through the appeal period and so that is
what we're talking about as your own risk correct if you talk to them and they say you can proceed that's fine just just work with them from here okay y thank app all right next is sour or sour e or
s a s [Music] yeah all Witnesses in this matter you set well wait in this matter testify please step forward Raise Your Right
hands testimony be about the gr state your name spell your last name for the record before you shall testify remain under Rich santour the
homeowner n t have a seat Mark some exhibits all right we're going to mark your application and the check this is A1 we're going to move we're going to Mark the architectural site plan floor plans elevation prepared by Stone water
architecture last revised October 3rd 2024 is A2 boundary and partial topographic survey byaa Associates dated excuse me last rised April 3rd 2024 is A3 Z firment
denial um dated May 11th 2023 A4 and we have the CME report dated December 23 2024
overo as zb1 any other exhibits that you're going to be referring to no you begin W yes first one I noted there's actually a couple here it's related to taxes um at this point um looks like
everything on the website is up to date with taxes um there wasn't certification from the tax collector but um so long as the website is accurate I think that that's all a good standing okay um statement of legal basis for granting a
variance of sought uh typically divided but I think hear that testimony tonight and then um Sam outside agencies mom count Ford Health [Music]
Department I believe at a minimum SCD is probably going to be required um as well as the um so I would just prer all outside agencies to the out and make sure that they get them who part of include that in the resolution
also we have jurisdiction over this matter okay I'm sorry I forgot to mark A5 Pho images there looks like there's two Heats uh heat one is the existing view
some nine images sheet two are proposed uh construction four Images up to A5 so uh while I introduce myself um want to appreciate the opportunity to speak to you all tonight um my name is Rich santor so tonight I
to give you a little insight background to my family and the vision for the home so I'm on behalf of my family so Ty my wife and my son James lived at the house today we bought the house three years ago we spent the decade in California we moved back home to New Jersey which is
where we were both born and raised um you know for us really the intent behind this was to to have a house that we can grow into um to which we want update um but also importantly wife family who is
scattered all across the East Coast we want to bring our families together at at home that's really central place to Gathering point for our families we moved to Fair Haven three years ago you know we we began this project almost three years ago um you know Fair Haven
for us is is home and and hopefully home forever um and we appreciate your opportunity uh consideration in terms of the plan I'm Michael meritz be the honor of stone waterer architecture uh this is the first time I've been before the board
licensed architect in New Jersey and mostly work on residential projects and we also do work for New Jersey bpmc doing Parks projects uh prisons do projects and
others so we had met have you qualified as an expert before other planning boards one of those points uh Westfield Springfield bayhead throwing the blank in front of everybody right Ridgewood Glenrock uh
Cranford gwood the other and the prisons yeah yeah and the prisons yeah have you ever failed to qualify no so how did you appoint yourself with the fa ordinances there's a lot of
idiosyncrasies with regard to the way that we deep things theity measurement of square foot Etc can you help us understand how you evaluated the ordinances and certified your plans okay uh doing work in New Jersey and working from the top to bottom during
residential and uh private you know State work we always have to dig into the ordinances read them review them and fully understand them you always go into it knowing that you're going to miss something because there's always a little Nuance somewhere whether it's
listed in the main bulk of criteria additional criteria or in the definition section of the book so you do your very best to read through the ordinance and go through it um after we review the or the ordinance uh we contacted the zoning officer and uh we had several
conversations with him about the project project and how to proceed with it and to understand a little more of the zoning ordinance uh of How It's applied you know having worked all over the state I understand that every zoning ordinance is different and no one views
the ordinance the same way so you always at the discretion of the board and the zoning office to determine how we'll view the land use ordinance uh so that's what we did to start the project off for Rich
T anyone have objection to Mr Mor I pronounce that correctly no no no here I'm sorry what is your name Sir Michael what how do you pronounce your last name meritz thought I did a pretty good job frankly anybody have an objection to Mr Merit being approved accepted by the
board is a expert in architecture okay hearing none um Jordan with regard to the zoning table on Mr Mer's plans have you reviewed the zoning table and are you in agreement with his calculations with regard to the sport the house for example uh that one in
particular I'm not actually so I think first want to clarify the zoning table in the plans has two columns one for the R15 Zone one for the R20 Zone um anticipating that they could
upsize um so in my letter and in my conversations ear today I explained that to up Zone you need to even fin every single criteria over the up Zone um that is not necessarily the case here so my letter is was done entirely for
the current Zone that they're in the R15 Zone and specifically uh floor area um I have 4,338 square feet um and the plants had
4,224 so it's a little different I about 100 square feet more um which I think was just a combination of some chimney areas and then count the stairs for each floor that's probably
difference Jordan what's missing for the AL size um number sard set back accessories footage condition Mr MZ so I see that you've
noted on your plan required R20 upsizing per note 11 is the argument the applicants making tonight that you're entitled to up down to the ordinance uh that was the conversation I had with the zoning officer because he had asked me you know do to the size of the lot would
you need looking to upsize and he explained the whole upsize criteria to me the one thing that we we did not discuss his J had to meet all the conditions uh so that you know I will pay responsible ability for as as a
Miss on my part of not asking that question because if we would to do the upside the existing part of the home on the right side or the North Side would then be over our side yard setback where the house is at 13 and change feet from
the house uh to the property line and you know to do the upside Zone you would need a side back of 15 so so based on my conversations with Jordan you would not uh be allowed to use the upsize also a couple hundred square feet over any
right so so does the lot comply with the up zoning requirements it does so where an our20 zone is 20,000 Square F feet our lot is [Music] 24706 so we do have a large enough lot to upsize but our sidey yard setback is
not comply right but you need to comply with all those requirements Jordan you agree that the lot could be upsized independent of the house correct okay and so the ISS with regard to upsizing is that you've got a pre-existing non-conformity or something with regard to R20 relative to the structure you're working from correct and was the argument going to be that you're
entitled to up zoning even though you didn't meet the 4140 which would be the limit uh that was something that I talked to with the zoning official about and he said it would be at the discretion of the board to even do the
upsizing so we were going to ask for it and if we didn't get it we would reduce it I don't think it's entirely clear in the ordinance it it talks about lot area uh I think front engine width so there's only three criteria and I know everybody views it as as everything um I think
it's I don't think it's totally clear in that regard you think it's clear that you can come in and request an up zoning and not meet the maximum square footage I I'm telling you I know what it is but I think the way it's it's written for someone that might be opening it for the first time probably
isn't I think if you if you had Peg the house to the ordinance and you had said we're at 4140 and we've designed a house in compliance with the R20 because we think that we should qualify or we should consider this as up zoning then then that's one argument but when you're
missing that number by almost 100 square feet based on your calculations and based on yours by 200 I'm not sure I understand the discussion about Upson how is side the fishing um in the current zone right in the in R20 you would have Tred
what what's the side Miss well it's in the table so the total side total side yards would be 35 and they've got that at 48 and change or 47 and change isos that the one side needs to be would need to be 14 and
they're under 14 at the [Music] 13.67% mhm um calculation at 4224 and your calculation at something different um chimney area uh bco door and the no
I'm sorry that's a lot coverage um yeah the chimney and then the stairs in the garage stairs in the garage uh I think we're talking about and it's it's something that's new to me I've never seen it five this way so I was hoping you could help me is Jordan's
measuring from the Deo yours from the basement as being as part of the side yard that's what it has spe that's not okay this good above the garage there's stairs
called hang so I basically dou St so it's the stair it's the stair itself yeah and you count up the stairs down to
the garage for yes um C a1010 and the Gage upstairs up to the Hang I'll tell you what let's get back to it I'm really interested in understanding it Mr do do you agree um with Mr rizo's interpretation of what
theore footage is or do you think that this short footage is what you show on your plan I agree with uh what Jordan came up with um you know I'm sure I miss something small like a chimney or or whatever with that so I'm not going to argue that and I'd be more than happy to
you know if we were to do the upsizing reduce the house to be in compliance with the the correct number I it's 100 square feet so I wouldn't I wouldn't argue with that um and just so you know too one of the reasons why we were trying to do the upsizing
is uh the owners don't want to use the seller that we have uh they're worried about mold and and all that kind of stuff so it's an unfinished seller uh even the additions that were're putting on the house were on the cral basis so they weren't looking to gain any additional floor area by digging out
under the basement or under the garage which we do a lot uh they were looking to put that gain room above the garage like the place that chally re used in the seller they're looking to put that over the the garage area and you know as far as the you know HVAC
equipment and all of that I'm sure there's a way we can find a place on the house that's not in the accessory 10 for accept that so we're really moving all over the place um can we
please Fresh Start on what variances are triggered by the proposal and and I I would ask for concrete numbers but I'm afraid that that's going to lead to 20 minutes more discussion but we'll have to figure that out but but maybe Jordan can you tell us what Varan is triggered
by The Proposal yes um really quick there's one existing condition side yard setc requirement is 12 feet and the uh the bill code door for the S is located from that it doesn't exist today there's a proposal
to put a bill code door no it exists today the South so it's a pre-existing unform yes is not being exacerbated no I'm I'm going through the existing the one existing condition first
sorry and then as far as variances go um accessory side yard setback requirement is 10 feet and then there's a few the shed is approximately 8 and2 ft AC units are approximately 7 feet and the generator is approximately 9 feet those all existing no this is a proposed
variance you're proposing to put a shed in a variance condition that is a probably an error onart and we would fix that that's probably realiz the R15 zone I'm I want to speak
to you but right I'm guessing that's why and there is one EC unit existing and we were going to put one next to it who did you speak to at the zoning department to talk to you about the up Zone and didn't give you clear information with regard to how to old
he was really nice he was very helpful John M John M yeah he was he was really nice he was super helpful helped me a lot what about the pool pool is not existing there is a pool you're good
with that and and then the last variance is for the floor area 3450 ft is required and Bo is 4338 all right so we got floor area we've got a
shed that shows as being outside but they've just said that they're going to accommodate it what's uh the story with the HBC unit are they already in place or they proposed to be in a non-conforming location one is there and we were going to place another one next to it uh if it becomes an issue I will
ually find a place outside that side yard to okay so square footage HVAC condenser generator generator generator existing oros was proposed what's the basis to put the cond or the the
generator in a location is there a reason to put it where you're proposing the electrical service is on that side of the house um if we put the generator on the other side then we'd have to run the Ser the electric from that side of the house all the way to the other and then back to the the generator does it have to be on the side it couldn't go to
the rear um I'm sure we could find a place in the rear on the back of the house between the porch and the addition so look I I I want you to present but I'm getting the sense that you've located Things based on a misunderstanding of where they could go perhaps and I don't want the board to
get caught up in I'm getting caught up in in what's compliant and what what you're really proposing by way of Varian and if you need it there then you're certainly welcome to propose to put it there and establish the criteria for granting the
variance I I guess the our main question and what Jordan and I talked about is how would the upsizing be viewed uh because if it's if we weren't allowed to upssize then we have to substantially reduce um any of our addition to fit
within a limit that the board was comfortable with because if we kept it as an R15 what we're proposing to add would be almost 25% over what's allowed but if we did the upsizing I would just have to reduce it 100 square feet uh but
if we did the um if there was some place in the Middle where the board was comfortable letting us have more floor area say 10% you know we can do that so the the biggest thing is you know where do we go with the upsizing is it something that you would allow us to do
or or not and then we can the entire purpose the entire purpose of the up zoning is you're not here we created it for you right so that you could go out and do this without having to come see us okay and so the truth is that that's going to be determined by the zoning
officer and not by us okay and with regard to whether or not you would add or subtract 100 square feet I I I think based on Mr rizo's calculation you're closer to 200 but I I think you're undermining your argument that you need a variant for this square footage when you say that you're willing to reduce it
because that suggests that you can conform but I think what you mean to say is that you conform to R20 so I think you should put on your presentation as you originally intended walk the board through redesign and establish your proofs with regard to the variances you're requesting okay so if we were
doing we're going to present like you said as the R20 uh we would have no no don't you can't you haven't qualified you have to present it as R15 if you want to use it the basis for where you are that you think the board should
consider it akin to an up zoning then that's fine but use the R15 standard please because that's what applies okay um so in the R15 Zone we meet all the requirements of lot area Frontage lot
dep the front yard the uh one side yard with the exception of the bill code door that's that's existing and that's the only one I I'm unfamiliar with because I've never had a a board anybody measure
to the bill code door is a sidey guard encroachment and you've read the ordinances do you agree with the with the with statement that did we measure to that or do you disagree with it I I've never seen it before in all the towns I've worked in so it's just a new new rule to me and and if it's a
pre-existing condition do you agree that you need a variance tonight for it no if it's pre-existing I don't agree with that uh both side yards we would comply with the rear yard we complied with uh the accessory
structures we would make comply with the yet but right now we're over um the improved coverage we comply with the building coverage we comply with the building height we comply with the maximum number of stores we comply with um the accessory structure we can comply
with because it's just going to be a small shut it's only about 12T tall and uh we comply with the maximal Flor ratio where we don't comply is with the floor area square feet and that's where we are
over okay um the additions that we're doing is this is the existing home over here there's a pool in the back uh we we work with the zoning officer in the town to to have the wetlands determined because
we are in a Wetlands buffer zone so it did take a while to get that determined uh we have our 50t buffer that runs through the back and we are trying to maintain everything inside that buffer zone even though the owner own all the
way down to here uh the buffer zone pushes them all the way back to here so between the front yard and this buffer zone They Cur thick then Zone you what's the size of the lot if you take out the wet lens start of
curiosity I know it's kind of an odd calculation I I don't I don't know but it's this the buffer is here and backyard artist here so you're talking about and this is this is 30 ft and then from this line is 50 so you're chopping
almost like 80 feet off the back of the house the back of the property so they are constricted into the buffer zone and the front yard setback right now this garage is rather small so we're going to make the garage
bigger to have a two- far garage uh the home has no mud room or laundry room or anything on the second floor I the first floor so we were going to add this area we were going to add the little addition the existing screen porches there and we were going to continue it over towards
the back and because the owner wanted to avoid using the sell l space because they're concerned about gold and in those conditions we were going to put that area up over the garage as the hangout space
nor um we going to add a porch on the front to bring a porch out into the neighborhood cu the house is kind flat in the front and on the side right now currently there is the bill door and the AC unit and the Chim we are going to have the bill code door we are going to
add one additional AC unit and a generator on the side due to the electrical Beam on that side of the house and nothing is being changed with the pool know false that's all uh that is getting changed it's all being re
reduced D so the pool was back here and as you can see it was in part of our buffer zone so we had to pull that out and put it down here and we had to do a trade off with the BP to trade off like this little 15q foot corner here and
we're going to give it back somewhere here and then we brought the pool in to this area uh the original driveway goes further back we have reduced that back to about here this area and that's where we're placing the shed on that side of
the property uh and then reducing you know reducing the coverage of the driveway so it's like as we were adding we were removing at the same time and still trying to fit between our um our Wetlands buffers up
then I think you have the existing pictures up there and this was what we were going we were looking to do the house as uh right now it's a very very flat house we going to have a porch on the front of it add a couple of Dormers the main body of the house is right here
and then we are just adding the porch and the dormers on the front and everything on the left side of the house was new um and then on the back of the house the original body of the house is here we adding this CU upstairs there's
um two very small bathrooms so the upstairs is going to have a primary bathroom Suite this screen porch the existing screen porch that is there then be closed in and then extended across and then this is all new on this side
and then now be the open porch in the back what is the protrusion of the addition to the left of the front facade what's the depth of that this no left the new construction yes yeah um say about 10 or
15 in Fr the porch is eight and then there's another FR so you're showing the existing front yard setback is 59 ft and you're saying the proposed front yard setback is
50 how can you add eight plus whatever that is and only move towards Street by 9 ftt on the on on your rendering you've got the depth of the porch which is New Plus another it's almost double the
depth of the for right that's a lot more than 9 ft there the garage um for oh the existing is measur from the garage and this is replacing the garage all right
that I [Music] see so this is where exting structure is and then we add this that's 9t that's so it's not the whole thing it's just the extra corre
okay by the way I canate your problem generator I do exactly that it's not a um economic solution to move your electrical no especially with the gas because the gas company doesn't allow you to come in the house and out so wherever the gas meter is you have to
trench from the gas meter to wherever the generator is you're not to come in your house and out anymore so that changed yes that that's one of the things and then depending on which town you work in uh some require you to have a twoof foot buffer around the generator
before the bushes some require three and some require bushes and fences because they don't want anyone messing with the generator so just depending on the town and the ordinates you know definitely different requirements you have another location you can put it on your c um I was thinking we can put it over here on
the side of the laundry room it's it's out of the way and NOS you can't be near any windows I think I just want to point out as we're talking about the location of these items that the adjacent house is turned
at a 45° angle and their backyard faces directly to this side of the house so when you place it there it's not side to side it's side to back and it's like the back corner from the area it's not that far which side you guys talk about the
one on River Road side the one the house on the corner of river and and Tyson is 45 degrees Tyson and so straight to the back is where they're proposing [Music] go that's the 45 house yes so that house
is kind of right here if I was it' be like right there take a look at your images the upper right hand corner oh wow yeah then relocating those things will definitely be I mean it's a lot of line I'm not
sure Mr morr is done because I I in order to obtain the variances that you're requesting you need to establish a basis on which the and so since you're here with that Council I assume you understand and you're prepared to put on the proof that you need for the board to be able to
gra so we should talk about that [Music] just cont I think before we get to that can I just through some of my questions some of them might be more but I want out there one other criteria you need to
meet is your step back to adjacent on other Lots um I did a quick scale off Arial it looks like it's approximately 36 ft to the property is South the requirement is 36 ft so you could be a little more you could be a little bit less um that needs to be verified I'm assuming at this point you probably
don't have that factual information I don't and that's something we can have our surveyor go out and do the EPA and provide that okay that's one one potential variance that is kind of like is set back to other structures
you understand the the definition for basement and seller um your plans on the elevations show a two foot finish floor elevation which is the distance from the Finish floor to the elevation um so that's accurate right you're you're 2 feet and you're not um considered a
basement you're a seller so how do you measure it uh using the spot elevations from the surveyor and from us measuring an out in the fueld there's um even when you go to the house there only one one step at the front porch right Rich it's
it's like one step in the landing on the spot elevation you're referring to on the survey that's subed in yes can you point the out I'm going to say probably at least what I'm looking
you the difference between so finish floor is 27 and the outside is like 24 but I know it goes up and down like when we measured it the back it's the same but but what
is the ordinance required in terms of establishing the answer to the question that you given yeah there's a definition for average grade um it's taken out the building Corners okay so I think if you're going to have a survey I have to do the spot corins to get those in
there okay so we don't know what the answer is right um can we talk about the fence um you show a fence on the perimeter is that all existing is it all proposed or a combination um combination right now
there's a chaining fence that runs around the property the chain fence Rich it runs this way no or just this this one here yes there's there's a chain link fence metal fence in the back and then there's a wooden fence along the
left hand side on the southide and then what we were proposing to do and in that stay we're coming out uh the we were going to install a new chain L fence across the back and there was wooden fence on the North the 6 foot fence from
this area here back to the chain Ling fence because we can't go any further past that because that's when it drops off and then from this point forward we were going to do a shorter fence I think it was a you're allow you're allow to do it just has to be an open fence and it's up
to 42 in that side nothing's nothing's remaining okay right and then the same on this side this was going to be a new fence a new gate and then this and because of the pool we're required to have a so we the poola and then on a
future plan revision you show all compin Heights um there's no sidewalk on the front I'm assuming you're probably not proposing any sidewalk um so it's not really um to this board to wave it but there is a requirement in the ordinance um
there's possibly a calculation for taming which should be done by the bur engineer so it's part of any approval ver um and then storm water you are compliant as far as building coverage and lock coverage but there is an
increase so if you um looked at how that water would be draining doing anything else drywall to that's something that we did not look into and can look into it our engineer
on um Outside Agency approvals I don't have anything from the DP yet um so as they come in you them verify know it's you else but's probably a few
per we have all those all I know we needed them before move forward with the application that was one of the requirs then I have some technical comments did you get a chance to look through those and and at this time you take the exception
to I did look at them and and we can we can comply with all those bu those numbers those are all the on that we talked about right was the the 30 in area on the roofs and DP the shed you
know if we make it 100 square feet we're okay it's right now it's 77 your overhangs which is limited they're within the boundary of the uh stairs CU I know you're only allowed to two foot overhang pool equipment we can show the Chim
the chimney staying so we're not going to change that it's on the existing side is the uh the the highest point of the roof saying that it is it is we wanted to comply with that we didn't want to touch that roof okay well then can you just Dimension it still so it's an
[Music] exting and we can add the steps from the garage in all I have right now can you show us the south facing elevation be facing elevation you have it on the
construction drawing and not the um I have them on the construction here I don't have on the [Music] board just if you can point my time walk the board so so which one facing
elevation this would be the South Side this what of that structure as drawn is new and what is existing this is all existing all this is existing we're not changing any of and all it's not there
the chimney in the in the rendering but it's on the it's on the existing condition so right here this chimney is going to remain and this whole side of the house STS none of that is changing and then what we had did was we had pushed the porch in to not be near the sidey yard
and the addition in the back of the house this addition here is slid in because we didn't want to make it any longer than it needed to be nothing changes here so the ridge height doesn't change on the modified home no did the instruction drawings that
you've submitted or the or the architectural drawings that you've submitted show what walls are going to remain and what walls will be new yes walls that a dark both that are are shaded in and dark are the ones that are new and the ones that
are in a light color are so I'm looking at um FN 101.0 that's the foundation but but put on this Foundation plan
the first floor removal plan tell me based on the foundation how much the foundation's being reused and what move so on the foundation [Music] plan this is the this B line is the
original Foundation that's all F uh this area where the screen pches is just up on Pi so we're going to add the c space and this is the new foundation around the Box Dash everything
is not the same sheet I'm looking at are you looking at fn11 Z yeah right so in the sheet that you're looking at this whole area here same nothing nothing is move in
front record what sh weap this should be11 for demo it's FN [Music] 101 okay so the upper left A1 Foundation
removal plan shows hard lines around an existing Foundation shows dotted lines projected to what I assume is the front of the home showing some new stoop I imagine that's the scoop that's being removed that's existing and is that true of the um dotted lines to the I'll call
it the left which is the north right and to the rear those dotted lines those are all being removed correct and now when you move to the right A2 first floor removal plan what what is that relative to what's in
A1 so the the A1 plan is the foundation plan of what's St okay and on the right is the walls that are being removed um and something that was interesting in the meeting before us and we deal with it a lot is each Town views the
difference of what walls are being removed and it triggers new construction versus alteration and addition and there's a fine line between that so depending on how many walls you take down or if you take your floor structure down and you just have your foundation
you've now changed your classification of building from an alteration addition to a new construction which then triggers different perit fees and development fees so when you're doing a a removal plan like this it's always very important to show which walls are
staying and with the building official at his discretion can determine if it is in fact an ulceration in addition because there's walls there or if you took them all down to the foundation uh so when we do these we always make sure that these are all solid lines and and
upstairs uh there is the only thing that we are removing is this back wall uh to add this bathroom out the back so on A2 the hard black lines are the walls that are remaining or the walls being remaining the hard black lines are the walls that are remaining the dash lines
and the walls that are being removed down to the first floor okay so everything to the left of the dining room the entire garage is coming off correct okay and effectively the rear half of the house is coming off where the kitchen and office is being shown the upstairs where the second floor is
remaining uh we are removing the first floor walls to expand the kitchen out okay so on the first floor you're removing the 40% of the wall to the north the entire wall to the rear until you get to the living room and that's an existing
sun room and you're taking that down and out correct Okay the reason we're taking the sun room down it's on PE and the the must have been a deck at one time and then someone closed it into a stream porch so it's really a deck Foundation that's been turned into living space so
we're going to remove that and bring it structurally into compliance with the additionally same footprint so now move into A3 the second floor removal plan you're keeping all the perimeter walls the only walls that you're removing are the 40% of the rear wall to the South
and whatever I assume is above that sun room correct I'm moving to a101 oh these were all the same first floor plan A1 first floor plan I'm looking at the house from the
front I've got the garage to the left the entire garage is being demolished and rebuilt correct okay the dining room those walls are there that's remaining the living room on the right de foyer all that stays the dotted line down the middle of the plant that reflects where
the existing perimeter is all of that's coming down up between the first floor and the the second floor so all of this is coming down to build just these walls but the second floor remains so like this dash line is here
is my second floor so everything above this stays we're only removing so you're building effectively a first floor Edition and then you're going to remove the the wall in between the first floor Edition and the existing perimeter correct but there's no Second Story above it CU Second Story you're leaving
as it is yes okay and so when I'm looking for the new space that you're designing into the house it's basically everything behind the garage the mudroom laundry pantry and Powder Room correct the kitchen straight through the center of the island what's marked
dining and everything above and is that office New or is that office old so this area here is the area of the scen port I just left the dashine to show where the existing house was so we you can
argue two ways and say all this is new or we can say this what R screen portch was and this little bit is is new what would the argument be that it because it's in the location of a screened in porch that it is
not looking at it the way I've been told over the years is just looking at it from building coverage it's it was already building coverage there was already lot coverage we're not changing that from a foot Point standpoint and we're adding on this liver in the back but to your point yes it is
considered new because we're tearing it down and building it new what's the square footage of the cover porch I think it's about 400 [Music] squ Second Story [Music]
week I'm taking approximately 400 is your answer the second FL didn't mention the G he putting everything new behind that new to the expans the doted line is existing
garage so and that's coming down but then isn't this you're rebuilding it's being expanded correct and I I think we determined 9 ft towards the street yeah yes yes it's a two car you're making a free car it's a barely a one car and we're going to make it two with a little
storage for bikes in the house [Music] she I'm proposing is 25 but then there's something in it the stairs in the garage we're adding those oh I see that's what talking
about okay so we're doing the doing the second floor hangout room above the garage is all that new to the left yeah bathroom and office to the left all that's new yeah the bedrooms the walking closets the bedrooms all of that rectangle in
the center of the house that's existing correct and the bathroom projected to the rear to the east of the house that's new that's new that's over the sun that's directly over the office so when you said that if you had to reduce it by 100 square feet in order
to comply with the R20 ordinance which I think was really like 200 sare feet in order to do that where where where would you take it out I would I would certainly start in the hangout room and work my way back
whether moving part of the second story or doing a combination of hangout room and reducing the overall footprint whether it's a one foot sliver across the back of the house the whole length to remove it bring it [Music]
down Mr CeX can you please um outline what the criteria is for establishing a C1 or C2 variant to the C1 variance is a hard hard some photography into preexisting conditions which make
it significantly difficult to conform to the Z requirements the C2 there is something in your design plan which benefits not just the homeowner but the overall design scheme or neighborhood
scheme because if this proposed something better than what exists that's basically the the thumbnail sketch I I haven't heard anything as to what the hardship is um Visa the
maximum floor area um what is the hardship there to be able to build form or what is the C2 I I have to be honest the really is no
[Music] being I I say is no hard ask the additional it's just understanding if we could upsize and meet the criteria but I
don't see any hardship for going over there would the C2 dog be that question that the lot of 60% over Z you can certainly make that claim but I I think you would want to have a little more analysis as to what the neighborhood looks
like properties again if you're your idea is that you're not looking at just utility to the to the homeowner this will make a nicer house no doubt about that around but that in this neighborhood that this design scheme or
what you're proposing even though it doesn't necessarily meet the Z criteria that in this area there is something beneficial about this design is an altern what the design criteria otherwise is um usually there's a little
more discussion as to what the neighborhood looks like not just this particular problem Mr centor why don't you walk us through the process of Designing the house how did you wind up with the proposal to build the house that's before the board so it was a four bedroom um we
have one son now we want to obviously grow the family um my wife's family lives outside of New Jersey and she wanted to be able to have a place where people can come so I be see guest room I work from home half the week she's left the workforce she's now returning to the
workforce but she she wants to work from home so that was the IDE of having an office and two and then the den was really kind of a playroom for our son and hopefully other children because as as Michael said we didn't have a
finished basement nor did we really want to to adjust that down there um so that's kind of where we came to the conclusion with the plan and then obviously with the mud room the laundry room it's kind of down in the basement today wanted to make that easier and more accessible and that's what we did
on the left hand side and with the plans we have the the garage existing we wanted to make that you know a little bit more functional for us as well so the the garage isn't an issue because doesn't come into to the numbers there's no variance trigger for the
garage the The Zone your in permits you to build 3,450 ft and the board regularly sees people with far more trouble and far more constraints with regard of their lot and trying to figure out how to accommodate
all the things that you described none of which we're supposed to take into account the requirement that you've established the basis for us to Grant the variance is a requirement at La we don't make it up we don't get to just decide whether or not we like the house
and we like you and we want to let you do it you have to establish the proofs that's the way it works that's the way it works fa um what I'm struggling with is 3,450 is big the big house this is bigger than
that but there's nothing about what you want that I'm understanding can't fit within the constraints of the ordinances as they said and to the extent that you want to continue talking about trying to establish the basis for approval to build the house that you've got in front
of us you need to establish a basis on which we are even able to do that you don't have to argue there's a hardship if there isn't one and if you decide that there is one you're welcome to argue it you can argue a flexible C2 variants but then you need to establish
that the benefits that are derived from this plan outweigh the detriments of building a house that's in excess of what the Zone permits that's just the way it works um I I I've been guiding you through it for the last hour I've nowhere else to
go I I don't know if any other board member has anything else to say um yeah I think it's tough too because you lose a massive portion of the lot in the back so even though the lot is very oversized it's really it it really isn't
right I understand you don't see it back there but you lose a very material portion of the lot and sort of undercuts the fact that you know the lot coverage and and the f is so low because if you were to take this out I think it would change the dynamic of the number is
pretty uh yeah I mean it's almost probably a third of the lot has gone back here which puts you closer to the R15 which is where it sits you know uh in itself but I would be open to hearing other argument you know if they they
existed certainly open to hearing them any arguments that there are two places that the ordinance provides you with with free space that isn't count against the cap there's a free attic you can build an attic it doesn't count against the cap you can have your playroom up there it's
not above the garage because that's a second level that's regular living space you can finish that basement and you can use that basement and it doesn't count against a square footage provided that your first floor elevation is at the right number and if you evaluate what this board is done with pre-existing
structures you could do it outside of whether you're inside or outside of the first floor elevation limitation you have a garage that you're proposing which is oversized which is structure which is going to be added to the house which isn't counted you've got a very large porch in the back that's 400 sare
ft that isn't counted you have a front porch as well I think you have some additional porch areas to the rear you're you're you're putting forth a plan for 4,300 foot of house as I'm understanding Mr Rizzo's calculation plus all those other things the house is
going to from the outside with a lot closer to 5200 ft than what's currently being measured and that's not that's not a problem but it's the reality and so it's a lot and and if you've ever
been here before you know that the board looks at it really carefully and I guess I said that I've gotten as far as I could go I guess I'm going a little bit further I'm just trying to lead you to what it looks like from the tanks um I know you're not into the uh
Subterranean space but there's a lot of space to be gained there if you had to give up space elsewhere to get it into a place and I I don't have a basement either so I get it but um there a lot of space to be picked up there and then the quote unquote bonus room which Jordan to
walk you through the Jordan what is it 30% of the floor immediately below for what for the the bonus room on the third floorever so maybe you can walk them through the calculations of what is essentially free space on the second floor nothing would
be free space on the third yeah the third floor so if you have a fixed staircase um the total area that's under 7 ft has to be less than 1/3 before below it there's a calculation it might s now it's in the ordinance definitions but
you could have a fixed staircase with attic space that that's that's not um as a story or t my thought is you were mentioning the you know potential playroom for your son maybe you could tuck some of this other area and stuff that's not included in the calculation
so if you did have to bring it into a compliance you still had overflow space that you could use I know it might not be the just s to look into reason that the ordinances are set up that way is because everybody has an attic and if
you wind up using it and living in it the council doesn't want to penalize you for that and that ordinance was recently changed to give you additional space that you can live the basement is similarly available for use because both of those spaces do not impact airl light
and open space in your neighbors the concern that the board has to evaluate is the impact of a house of this size in this particular Z that's exceeding what the regulation provided but even even if you came this
would have been your best argument we would comply with the up zoning ordinance but for half a foot on the South Side here's what we've done here's why we've done it hit the numbers explain it and soften this and you could
have ask the board to show some discretion with regard to the half butt as much as I'm sure you're going to leave tonight thinking I'm completely unreasonable the board is not and so those sorts of arguments have been presented before and would be fairly
considered that's I'm person I mean I really appreciate all the feedback and that's that's what we were really looking for is just to understand you know the difference between this R15 the R20 the up sizing what divor view was on it and uh go back
and redesign it look I I I don't want to send you in that direction because I want to be candid the addition that you're proposing to put above the garage and the way you're proposing to structure this is going to make it look very big from the street it's nice that it's set back a little bit further but you have nothing to soften the bulk that
you're projecting right towards Tyson's Lane the orches on the back are additional bulk it's true that you've got a large lot by measurement I don't know how it actually looks in reality but I suspect that it feels an awful lot like what it would measure with less all
the extra weapons to the back and so you got a ton a lot coverage as well you're benefiting from the fact that you've got that property but you are largely covered with regard to the driveway with regard to the pool and the porches you've got you've got you're creating a whole bunch of impervious a lot of it's
new and it's all going backwards so in order to argue that the R20 should be applied what you need to be able to establish is that it should be on balance given how you've overall designed it I don't see a sensitivity here at all to how big the house feels
okay and just to go back to the basement you know there are drainage systems and new materials PVC everything PVC WS coding the the mold I understand is a concern but it can be addressed in a very
substantial way right now if you get the right contractor in there and put proper CR trining system put some ons in and put the proper materials down there mean that would solve a lot of your problem right there okay thank you
what okay so look so given where you're at what I what I would suspect that you're looking to do is to ask the board to carry your matter to another evening so you have an opportunity to consider what the board is sort of talk through with tonight before I do that I want to open it to the public I I was going to
propose that you propose that we carry I would like to carry the and before I prompt you to do that I want to invite any member of the public who's here um who might have any questions or concerns with regard to the application or have any questions for the applicants expert I'd ask you to
step forward and give us your name for the record okay let the record like on okay um so Mr Mor your requesting an extension um your re question to carry um the um uh any motion to carry will be conditioned on the applicant stipulating
of an extension time for the board to act um on the application I'll make the motion I'll second yes yes Mr
yes yes Dr Walker yes no idea yes or no yeah now this is in April this is May so so April we've got three already so we have one confirmed for
maybe you could help me speak to this like Lee Lee uh is hoping to move April um they'll have to re notice um we have another approved application that's scheduled for
April we have the Mera application that is waiting for a resubmittal so not confed okay yeah we have two and then we have one more that's incomplete um which would run through
March 21st guessing it's probably by then that might be too soon so I'd say two or three and what's on for nothing nothing nothing pen in okay um
Mr s do you want to try to get back on third position for April or do you want to take a spot in May do you want to get back to us yeah can we get back to you you can so with regard to April um we
are going to try and respect whoever is is in line and together so as of right now because we had one application that missed their notice requirements they couldn't get heard tonight they're going to be ready to go and one on the calendar already so we've already got two so in the short term that spot's
available to you at 3: depends on whether or not we would get to you um and if somebody slides in you we'll lose it currently May is open and so we can put you there but you have to be ready to go and we need to get your plans in advance they need to be in 10 days for
the public to take a look and so I guess what I would say is that you should stay in contact with Sheila with regard to where you're at and what we would appreciate is knowing what's going on so that we can move other people through and out um we're happy to hear you as soon as we can possibly
but we don't like to not know because then other people areed by that and there's no notice required account right well we can't fix the date yet yeah so that's actually problematic um if we move you to May then we can do it because we can carry
it to May right now if you're not ready in May then we could announce it may pardon me it's May 1 it's not far it's not right uh Doug makes a good point so the idea is that on the record tonight we're supposed to be creating the date
so that people would know people that aren't here and that may be watching or anyone in the audience and so we we have to be able to establish a date so it it seems unlikely that you have something ready for us in April yeah um you want
to go for mag uh you don't have to go in M you can pull but you can take your spot yeah let's do that then all right um then uh the motion we all just vote voted on would be conditioned on rescheduling it
to May 1st and we would announce to the public um that the centor matter would be moved to the without without any additional notes that will be the date okay thank you thank you thank you thank
you um couple quick administrative items minutes from February 6th I have reviewed and submitted no changes so I'll make a motion to accept the minutes of February 6 meeting yes
yes yes yeah um Mr yes resolution for I'll make a motion to to accept the resolution as submitted second yes yes I voted no so I can't
correct Newman yes3 fa Road resolution I'll make motion to submit submitted second yes yes ran
yes yes no you yes you yeah yes sorry Mr yeah um that's all I have unless we want to take any time to talk about Mr
Mr rizo's admissions from a couple months ago no Mr Rizo there there's I've been in touch with the mayor about establishing a committee and I just think it's just going your stuff is all directly on point I just think we should just wait and discuss it at that point
um I want to make mention of some communication um that occurred uh amongst members of the planning board I don't know whether or not anyone here is familiar with it I wasn't um I was made aware of a written communication that
was communicated between the planning board chair and planning board members and as much as I feel it is completely unnecessary to mention it to this board because I know this board and I know that you know better um I'm going to say it anyway because I feel like it should
just be safe the board reviews applications in a neutral fashion there are times where board members are contacted by people from the public who want to get a little bit of help it is okay to speak to members of
the public about what we do however the concept is that when you come before the board the board is hearing your application for the first time and no members of the board have communicated with you with regard to what you're doing no members of the
board has provided any guidance by way of example I have had numerous people contact me about matters when my conversations with those people moves into the area of looking at what they're
doing I'm sitting in the back I think it's okay for me to help somebody understand what we do God I wish somebody would do that for some of the people to come before but then you recuse
yourself um it is imperative that the members of the public understand what we do is entirely happening in front of them and nowhere else and that there's been no other discussions I don't know what prompted the communication at the planning board I know that everybody
here understands what their jobs are I feel no reason to write a letter but because it was presented to me I wanted to share it as a reminder um and and I will not that sometimes I leave these meetings and think this is the worst
time I spend in the entire month it is it is only as bad as it is because I can remove myself from what's going on and not take it personally do not get personally involved it's torture I mean the stuff that we heard tonight very very difficult to work through it have
to remain objective and remember that we're reviewing applications for the future of fa Haven not for the people that currently live at these addresses but for the people that will live here in the future any questions about
that motion go home Public public comment yeah public comment any members in the public wish to make a comment haven't heard anything the you mention mayor yet yeah thank
you okay motion to all in favor next oh