##VIDEO ID:f_vWyr6HbBQ## Su are we still waiting on anyone at all all right we're gonna we're going to call the meeting to order now this meeting is being held in accordance with the sunshine laws of the state of New Jersey chapter 145 by mayor and Council on the planning board for official notices notice of this meeting was posted on the B BAU bulletin board and the B website for that purpose can I have a roll call Suzanne Miss Bon Cory Mr Madden here Mr daauus here chairman Hansen here mayor Hal here councilwoman Haron here Mr Schmid here here we have a quorum everybody salute the flag please I pled allegiance to the flag of the United States of America and to the Republic for which it stand one nation under God indivisible liy and justice for all so we're gonna have five then for that he not com is five um we have some administrative business to uh attend do first first thing is approval of the uh minutes of the August 15th 2024 meeting as everybody had a chance to review the minutes uh so I'll take a motion to approve the minutes so moved second second any questions or comments or revisions to the minutes hearing none uh Voice vote all in favor I any opposed any extensions Zach abstains he wasn't here last month I believe uh we have two resolutions from last month versus case 24-7 d3p that's Britney Donado 123 10th Avenue block 45 Lot 23 that was a uh bulk variance or bulk variances I should say for an attached garage with a swimming pool um all the members voted affirmatively in the case had a chance to review the resolution any questions or comments on it Provisions seeing n entertain a motion to approve the resolution I'll make a motion to approve a second roll call Suzanne Miss bonac Cory yes Mr duus yes um chairman Hansen yes Mr Madden yes Mr Schmidt yes motion passes next next resolution is case number 24-8 d1p that's uh D and dar of vesp 26 lip and cot a block five lot five and that was for C varian's relief with respect to a single family home addition have all the uh members that voted affirmatively had a chance to review the resolution any questions comments revisions seeing none entertain a motion or approve the resolution uh move to approve resolution passes okay uh at this point we're going to open the meeting for public comment but only for ma for uh public comment for matters that aren't on tonight's agenda so any public comment on anything that's not related to the any the cases that are on our agenda for this evening seeing n we'll close that portion for the new business portion of the meeting we're actually our professionals involved with the Redevelopment plan presentation for 322 White Horse Pike have conflicts and need to leave early so we're going to move that case to the front of the agenda this evening so I'll call forward Miss given Miss Fury Bruder who uh will present the Redevelopment plan for that property this evening we're here for a master plan consistency review this evening I understand thank you for being here this evening May that function um the Redevelopment plan has been prepared um by Miss and she will go over the content of the Redevelopment plan and um she will detail the her findings with regard to consistency with plan should we have should we have Leah sworn for do we need to have her sworn for a master plan consistency review is this yes okay Mr boach won't be given any testimony this evening will we'll have you SW just in Cas you anyway you both swear some swear the testimony but give the truth the whole truth nothing but the truth so help you got you have the air forms chairman so good evening everyone um Leah Fury um I'm one of the Burrow's planners Redevelopment planner I did prepare this Redevelopment plan for new review this evening it was referred was introduced by B Council um at their meeting earlier this week and it was referred to the board by resolution 2024 d174 um as I usually do give a little quick background about the Redevelopment investigation process just for anyone who may not be familiar with it who's here listening this evening so in 2022 bur Council authorized the planning board to do a preliminary Redevelopment investigation for two distinct areas of the one of them is that Wasa one I believe was refer and then area two is essentially along portions of the white p and stationen um the bur undertook that Redevelopment planning initiative after observing that many of the stud Area Properties were underutilized exing neglect designed in a man that really wasn't conducive to revitalization some of them were underutilized vacant and these conditions had persisted for many years so the Redevelopment investigation was undertaken to try to analyze some change the Redevelopment need investigation was prepared by Pon Associates in 2022 and that provided that report provides an overview of the re development study process and findings um on April 5th in accordance with resolution I'm sorry April 5th 2022 um resolution 2022 d74 after a public hearing and a recommendation from the planning board the bur Council designated certain properties in the study area as an area needed for redevelopment condemnation and certain properties in area need of Rehabilitation um this Redevelopment plan that we're talking about the evening actually only applies to two lots it's Lots 10 and 11 in Block 36 which are located at the intersection of the White Horse pipe and East High Street and these are part of the non condemnation predevelopment area um the property is commonly known as the Jefferson bag site um it consists of this refers of course Bank operated at the site for many years um it was also inly occupied by TD Bank but has been closed in vacant for many years at this point um the last were are developed with two formerly residential colonial revival buildings that were connected by a on story office in freeway they were converted for the B these buildings as you know are critical to the White Horse pipe Corridor which has retained in three line character field despite the change over to many non resal uses and the high traffic the revitalization and reuse of buildings will have a stabilizing effect on the white hor pipe Corridor especially if they retain the general Rhythm of the buildings exist on the SES today so the next step in the Redevelopment planning process following the designation is the preparation of a Redevelopment plan which will establish an outline for the planning devel and Redevelopment of the area um and of course the the um Redevelopment and Housing law provides the required elements of the Redevelopment plan these include the relationship to local objectives proposed land uses and building requirements identification of any land to be acquired a housing inventory and relocation Provisions if there's a need for replacement housing which in this case there is not the relationship of Master plans of adjacent towns the county and the state plan the relationship to the municipal master plan the relationship to the bur's Land Development regulations and proposed locations for electric vehicle charging um the Redevelopment plan may also include the provision of affordable housing in accordance with The Fair Housing Act and the Burrow's housing element and fair share plan and and this plan does require an affordable housing set aside of 15% of any residential units that are constructed so the planning board's role as I think most of you are familiar with by now um is that uh to review the Redevelopment plan and Redevelopment law provides that all provisions of the Redevelopment plan shall be either substantially consistent with the municipal master plan or designed to effectuate the master plan but the governing body May adopt a Redevelopment plan which is inconsistent with or not designed to effectuate the master plan by affirmative vote of the majority of its full authorized membership with the reasons for so acting set forth on the record so um prior to the adoption of the Redevelopment plan the planning board is to transmit to the governing body within 45 days after referral a report containing its recommendation concerning the Redevelopment plan this report should include an identification of any provisions of the proposed Redevelopment plan which are inconsistent with the master plan and recommendations concerning these inconsistencies and other any other matters the board deems appropriate so the purpose of tonight's review is the review the Redevelopment plan um to determine whether or not it is generally consistent with the bur's master plan um this document or the Redevelopment plan will serve as a zoning overlay for designated redeveloper the current underlying zoning is the professional office zoning District so that zoning remains with the Redevelopment plan is in okay so the goals of this Redevelopment plan and are essentially to enable the Adaptive reuse of those two U original residential structures um to enen the site and bring together historic preservation Economic Development and housing goals um also to Halt the deterioration of the buildings and the historic district and allow for alternate uses that will enable preservation and restoration of architectural features of the um of the original dwellings and fors and complimentary building additions uh also to encourage inviting and connect continuous Street skate to ensure the maintenance the retention and maintenance of the mass form and setbacks of the buildings relative to the white hor pipe Frontage um and to promote the bu the design of buildings and site improvements that complement the historic character of the burrow and respect the scale of surrounding uses and lastly to provide opportunities for creation of housing including the restricted affordable units so the Redevelopment plan Pro uh provides standards for the Redevelopment of the site including permitted uses bulk standards and design controls um and this in this case enables and encourages the ReUse and adaptation of those existing structures um and the removal of non-contributing structures meaning um there's like an overhang in the back of that building uh that was created I believe for Bank drive-thru uh that can and should be removed um additionally there's a glass wall at the front of the site which is non contributing that can should be red as well um any additions there additions could be um enabled permitted but they would have to be in the rear of the building nothing forward of the front side um it is anticipated that um this Redevelopment plan may be amended in the future to accommodate additional properties in the designated Redevelopment Rehabilitation area that could further expand opportunities for small scale multif family residential development any later phases would of course require an amendment to the Redevelopment plan which we come back to again for review um and they would be designed in a coordinated way as parts of a whole I bring that up just because you know this is for two lots uh there is a lot behind these lots that is in the Redevelopment area um and then Lots on the same block to the west or north um are also in the Redevelopment area so um you know as we we've been kind of opportunistically see where the which lots are right for opportunities and at this point these two lots are right for opportunity but we may come back and look at those other surrounding Lots in the future um so you all have a copy of the Redevelopment plan I believe there's a lot of details in there about what's required and permitted I can answer any questions for you but um I'll jump to my take on consistency with the master plan um and that is that one of the central goals of Haden Height's Master plans and other many documents over the last several decades has been to strengthen Safeguard stabilize and improve the historic district in a manner that Foster civic pride and promotes continued investment and beautification of the community the Bros Master Plan recognizes uh that adaptive reuse of historic buildings um can advance the master plan while REM maintaining their essential characteristics while so allowing those buildings to evolve while maintaining uh the historic character and Architectural character of the corridor um in 2021 consistent with the master plan goals and objectives the Bros historic preservation commission prepared a document um entitled design guidelines for the historic districts and individual Landmark properties of head and Heights these guidelines provide context recommendations and direction that property owners um developers or and Architects and community members can use as a resource so this Redevelopment plan considers um the circumstances of the Jefferson Bank site and it's place in the histor district and encourages Renovations and adaptation that utilize the design guidance in that document um specifically the residential design dos another recurring theme in the bur's master plan documents is to ensure the availability of a wide range of housing types in The Bu designed to complement rather than imitate historic buildings and also the master plan reports have encouraged the location of housing within and around the central business district to help support live in the business district the bur's 2016 fair share settlement which sets forth the B's affordable housing compliance plan um did anticipate that unet affordable housing need would partially be met through the implementation of Redevelopment projects and though the Jefferson Bank site was not anticipated at that time um the Burrows updated compliance plan will include this project as a compliance mechanism um for providing at least 15% of the units as a port so all of the bur's planning efforts over the last several decades have focused on the goal of preserving sh's physical and environmental amenities while promoting Redevelopment and infill that response to the involved needs of the community and this Redevelopment plan encourages adaptive reuse of these uh building existing buildings and also encourages the utilization of the design guidance provided in historic um design guidelines document so I believe in general that this proposal is entirely consistent with thank you yeah I thought the plan looked really good I think it's going to be great to get something going down there that site sat vacant for way too long so be a really good reuse of the site I think report was really uh easy to follow and and nice I thought does anybody any questions or comments regarding the report and again this is just we have to make a finding that's consistent with the master master plan you heard testimony with regard to that you have any questions or any conditions you want to add to this just let us know we have with us miss given who's our Redevelopment counil and Mr anything further that you want to tell the board at all or I just want to the overlay zoning means that any developer who would like to utilize this overlay Z underly zoning professional office would have to enter into Redevelopment agreement with the before they can come with a application to utilize and come forth with a multifam or other one of the other pered uses that's which which gives the town more control over the uh you know the application and the approval that's correct much like station lofs if if we do have have a redeveloper they'll go to council to get the Redevelopment agreement and they'll still have to come back to the planning board with a with a site plan application just like any other development would take place that's correct the planning board never loses their their authority to R and evaluate site applications okay thank you anything else you have a resolution before you this evening of Master Plan have any changes to the resolution we can make those changes can ad and memorialize it at your next meeting Mr chairman I've had a chance to review this very well done resolution and find it's appropriate for this hearing okay unless anybody has any questions or uh comments for Emily or Leah will uh open the meeting up to the public at this point for anybody that wants to speak regarding the master plan consist review this evening seeing none we'll close public and uh bring it back to the board for a vote like Mike said we we're going to vote on the resolution to determine master plan consistency first you have to vote on uh the master plan consistency then you vote on the resolution so there's two votes two votes let's vote on the master plan consistency first um does anybody want to uh make a motion to uh accept the uh master plan consistency of the Redevelopment plan per uh what's been provided I'll make the motion to approve the Redevelopment plan for the consistency with the master plan for Block 36 Lots 10 11 ex we have a second I'll second any uh questions or comments on on the motion seeing none roll call please Suzanne sure mayor Hal yes councilwoman Heron yes chairman Hansen yes Mr duus yes Mr Madden yes Miss Bon a Cory yes and Mr Schmidt yes motion passes thanks again for all your hard work on this look forward to see what's uh coming in the future oh hold on we have to do the resolution you said the uh I find the resolution comply with what was just testified to and accurately reflects the we're gonna hold you to that mik you got it um does anybody want to make a resolution to approve the resolution I make a motion to approve the resolution as written I'll second John's got the second roll call Suzanne sure mayor Hal yes councilwoman heren yes chairman Hansen yes Mr duul yes Miss bonana Cory yes Mr Madden yes and Mr Schmidt yes motion passes very well done thank you thank you again so the last two the next case is the only case that doesn't have a use aspect to it this evening so we're going to handle uh case number 24-9 d1p so that uh councilwoman Heron and the mayor can be on their way as they they're not allowed to participate in the last two matters this evening so I don't want to hold them up uh uh right now we're going to do case number 24-9 d1p and that's James and Victor pelli 1017 Prospect Ridge Boulevard block 68 lot 14 and it's a c variant relief for a one story edition if you come forward and uh we'll have our solicitor swear you in and qualify Sloan I believe it is it's j says James on my agenda actually okay that doesn't mean I'm above getting it wrong okay all right for the for the record it is Janet and Victor pelli I should before myself okay uh we have H Janet and uh Victor Porcelli who else do we have anyone else as a witness Sloan we did St Mary January all right if I'm gonna also swear in Mr B Mr Bach for the um review as well anybody raise your right hand you saw me testimony about to give us the truth the whole truth and nothing but the truth so you got all for the record Mr chair Mr chair I do find that the board has jurisdiction in this matter we are ready to proceed slow you're going to be testifying in the area of architecture I believe you've been before this board before correct and we've recognized him as a an expert in the field of architecture I believe you're licensed architect state of New Jersey okay we can accept his credentials then also for the record I see we have a illustration board is that going to be our only exhibit Mr spr yes what do we want to call that we'll call it A1 but what do we want to label it correct these are the same part of the application it's it's labeled as the site plan the rendering is on the bottom I don't know they rendering board yes might as well just have it marked just to be safe right you just mark it as A1 thank [Music] you okay Mr chairman I guess we can proceed uh Mr Mr foreli I I understand you're before us for an application to construct a 287 squ foot on story addition to an existing uh dwelling located in the on the Northerly side of Prospect Ridge Boulevard between Lake Street and T Street is that correct and uh you're looking as well to replace the existing binus driveway and Associated uh proposed site improvements uh now this uh property uh has Mr Bach I think we have a looking for it there are some bulk variances on this application that is correct uh lot coverage sidey yard setback are the two variances that are looked for uh on lot coverage uh the uh proposal is for 45.2% where 30% is required also uh for the uh sidey yard it is at 10 feet is required 8.46 is what is proposed is that correct all right Mr and mrss Porcelli uh you have a witness with you tonight Mr uh Saloon Springer is that correct uh as the architect if you could just uh just give a narration to the board as to what is proposed so we're proposing to essentially take a pull forward the call the L shape of of the house adding in filling in that bottom left quadrate corner for additional living and bedroom future bedroom area to have a bedroom on the first floor um and the existing house is 2 fet over the set back line on that side um and then the other the other VAR that we're seeing is the coverage which as you can see from the survey and Seline the lot is pulled um so our our proposal is to basically pull up the driveway and go back with a permeable system to help alleviate and get that coverage down as much as possible okay uh Mr Mrs Porcelli the reason for this Edition just need more room or what is the want to stay years went um we don't really want to move so we are looking at the age in place right now our bedroom is on the third floor a lot of steps um we are both in our late 70s right now I'm trying to get ahead of the curve and by doing this addition for time in you can use that addition as a family room we've entertain a lot family room and then at some point we'll have a full bath down there as well we'll be able to at some point w that off have a bedroom and a small dining so just trying to get front of it understood yeah this is uh this is a common uh it's a common theme in a lot of uh development these days to have that first floor U situation unless you install an elevator which is extremely expensive yeah how we would do with that Mr chairman with your permission we want to hear from Mr boach when we go through Mr Bach's letter proba answer a lot of questions that the board might have as our solicitors already indicated there's two two eares required this evening but also we not a lot of existing will reflect in the resolution so the app remained that's already um the uh the is proposing um this is a mitigating Factor the afan is proposing to continue to exceed the required maximum lot coverage of 30% maximum required in the zone 45.2% existing is 47.5% uh but we uh reviewed the application materials and with the permal able PS that are being proposed for the driveway area the actual impervious coverage area will be reduced down to 37.4% so I believe that is a mitigating factor in terms of the lot coverage Rel that requesting this evening um we also know in our report that because the disturbance of the land will be over sare feet a grading plan will be required I just want to know that for the record maybe the SL know this in resolution they do provide a representative detail of the peral behav however it shows it generating to public storm hisor I would defer the review of the perable paper CER system to the lock grading uh application um and typically you would you would want the perable paper to reflect or at least be similar to what C ch for M again it's not hard requirement but we just want to get some so with that unless anybody want to uh ask any questions or any comments in the lot coverage is the surface area of the swimming pool also included in that okay thank you U I have a question how does your property drain now is it relatively flat does it slope to the back flat out the back Mr was the the deck at the pool was that included in the that's lot cover it is so can you remind me what's the the interpretation out with Dex we already at that our 37% okay we already at that is the interpretation understanding that it's a deck that has openings and underneath the arit has been here one understands that interpretation that's already included in7 in the adjust the 37% so the so the lot coverage is actually coming down from 47.5 to 3 lot coverage which is our definition is structure on the land that is slightly down being reduced from 47.5 to 45.2 however the Imp cover coverage infiltrate to the ground is being reduced from down 37.4% where in essence it was prob and with regard to the side yard setback it's already an existing situation so but they're exacerbating it is in line exactly with the existing side exist was this the application too that had the letter from the neighbor that said there's obviously no okay just and just to clarify too that we can't take that letter into into consideration here just because there's no one here with the letter nobody can be cross examined on that but to understand the the hardship of if we were to not permit the the addition to be with flush with the current existing structure it would generate what a very unique layout I suggest we provide this usually well we always provide three four C1 and C2 C1 is hardship C2 I think it's more appal here that what is being proposed advances our goals and objectives for plan or ordinance or some plan and the benefits of what being proposed substantially outweighs any vment I think that be stated question is that I think the C will be and I believe with the decrease overall of storm water I believe they have definitely demonstrated by appals yep I mean the C1 you heard the argument with regard to we're Aging in place and so forth but Mr Bach is absolutely right C2 is is really what is applicable here as far as if you choose to approve this application further questions comments hearing none we'll open uh me this this uh case up to the public for any public questions or comments come forward last chance seeing none we'll close public participation and bring it back to the board for a possible motion have one more I'm sorry Mike number one on your comment says applicants shall confirm the height of the existing garage okay I'm sorry what was it 106 Ines thank you was when that gets back you submit the application through suzan Suzanne then will do what suzan Suzanne does as well they'll get over to us do what and typically if we have any questions or anything forever the professional we try to work it out with professional and the process any other questions or comments uh you want to summarize up the possible appr sure Mr chairman very simply again this is an application to uh approve uh uh construction of a 2 87 foot on story addition to the existing dwelling there are two variances uh along with all imper I'm sorry perious P pavement replacing by Tunis pavement and again there are two variances we're looking for here one is lot coverage which Mr Bach testified that actually with the pervious pavers it actually is being slightly lowered but um there is a requirement of 30% uh and the afcan is proposing 45.2% 47.5 is what's existing out there uh the variance for the sidey setback again this is an exacerbation of a setback of 8.46 feet where 10 feet is required and again this is uh imated by some of the other items that are being added to the property Mr Bach uh stated that C2 variant should you choose to approve would be more appropriate here in that it uh advances the purposes of Municipal law substantially outweighs any detriments anybody uh like to make a motion to approve or disapprove the application at this point uh I'll move to approve the application um uh uh looking at 8.46 a side yard setback where 10 feets required 45.2% lot coverage were 30% is required and I base that on both both C1 and C2 uh VAR and this also includes the uh condition that the per peral pavers system be deferred to the grading review correct okay and we should also accept all other there other non-conformances that you picked up yeah the existing non side lot lot size okay yes anybody like to second the motion I'll second any questions or comments discussion on the motion seeing none roll call Suzanne please sure mayor H yes Council mman Haren yes chairman Hansen yes Mr dulus yes Mr Madden yes Miss bonac Cory yes and Mr Schmidt yes motion passes so I'll give you the caveat next month when we meet we'll have not it's not really caveat but just a disclaimer um next month when we meet we'll do a resolution that it memorializes the decision that was made this evening once that resolution is passed the notice of that will be publ the notice of the decision will be published in the newspaper from the point that's published in the newspaper somebody could technically appeal the decision that was made here this this evening within 45 days of that seeing that nobody came here to object this evening I'd say that's highly unlikely but if you proceed with any construction pulling permits or physical improvements before that time before the appeal period expires it would be at your own risk I just want to make all the applicants aware of that when they come in so good luck with your project thanks for coming in thank you repeat that enough times I could say in my sleep okay so um the last the last two cases this evening both have use variance aspects so we're going to uh let Zach and uh on their way CU they they can't participate in use applications um the next case we have this evening is case number 24-9 d2p and that's Sarah Allen okay perfect it is Sarah Allen right okay 107 10th Avenue and that's block 45 lot 17 this is an addition an enclosure on a garage for a living space uh DNC variances I believe with at least might just be a d variance um 107 or 92p 1071 AV um I just want to make you aware that this is a use variance application and uh we only have five voting members this evening because we have some absences so with the use variance and Michael tell Will affirm this needs a super majority vote which means that out of seven possible voting members you have to have whether you have seven six or five you have to have five affirmative votes for the motion to pass so if one person was to vote no then then the application would uh would not be passed versus a typical application like the one you just heard only needs a majority no matter how many people vote on it and what I will do is we'll do this for this next application as well is after you're done your presentation and your application I will canvas the board members to make sure everyone is comfortable with the application if they're comfortable I will then ask you do you want to go forward with the vote and you can make a decision from there okay we're going to have a Mike where you in now and then we'll let you present your case and Steve uh Miss Allen you have with you tonight Kevin can you spell the last name c t o n and of course Mr Bach our planner engineer GNA swear everybody in do ass swear testimony about to give us the truth the whole truth and nothing but the truth up you got all SP for the record Mr chairman Mr chairman I do find that the board has jurisdiction in this matter again let the record reflect that we do have five members here again we need the super majority vote for the use variants uh and that will be dealt with towards the end as far as the vote goes U Mr uh Mr chairman this is a uh application for both use and bolt Varian is to approve the construction of a 551 square foot on story addition to an existing one and one half story residential dwelling uh and a 220q foot office addition to to an existing attached garage at the residential property uh which is located at the north easterly side of 10th Avenue between Green Street and North Park Avenue um the again we we talked about the use Varian is for the office part of this application and uh there is I'm just looking for bulk is there a bulk on this uh yes here I'm sorry here we go I apologize we have the side bulk or side yard setbacks uh it's 10 feet where 8.88 feet are required uh we have another sidey yard setback uh uh because the aggregate sidey yard setback uh which is an ex expansion of existing non-conforming use and I'm sorry non-conformance I apologize uh the applicant is also proposing accessory structure approximately 480 ft or 450 ft is is is allowed so VAR a bold variance for that is required as well uh Miss Allen and and Mr canist uh I I understand you're that is the application that's before us is that correct and why are you doing this application congratulations you the glow is still there hopefully so we looking to comine homes we both have kids we have four kids between two of us now and we need um just that El room at this point so you know when I bought that house um beautiful Street lovely area we want to stay here kids through heads high school now so what we're really looking to do is just extend the house the existing footprint out and then our garage has a bit of an overhang which we' like to enclose so we really just need so we have and then another so we that the best way to do that was to go out and then have that um garage have a remote office space and a for the people that size to come home from softball Deck Hockey and baseball and shower then else in hopes that we can blend this family for and keep this and keep the stench outside the office uh who who will be using the office besides and what kind of business would that be well I work for City Bank so you it's work at home it's a remote office remote Office I work on in the office two to days and your job involves just typing away at a computer like I do all day uh okay you get to visit us too yes I do they let me out of my pen every once in a while um Mr chairman at this point I think Mr Bach uh be appropriate to go through Steve's letter probably home uh the uh B provided information that it's for the uh use of the residents of the primary dwelling um will there be any proposal for sleeping or anything will not be used for any resal quars for overnight sleeping or anything like that should reflected in the resolution somebody the um we did provide a review of September 12th we do note several existing nonconformities as well as what's being proposed as relief this evening minimum lot size in the R2 zone is 12,000 sare ft existing is 10,000 sare ft and also we note that minimum lot width is 50 ft or 60 required in the zone um Mr Herbert I believe you said maximum lock coverage VAR want to repeat it though Y 45.2% is proposed and 30% is Max allow Zone um and then also we have other out buildings existing existing yard existing the structure um we do provide uh Mr will take a few this we do provide uh on page three or five uh consideration for the board in terms of specification for uh use for that Mr Herbert um the um we're going to ask for some clarification from the professional in terms of the exact um um corner there was two different dimensions in the application materals um but I don't believe it are effect so that's just one of the review comments on page 45 um you will be required to submit a trating plan accordance with the baral ordinances um in terms of the maximum uh blot coverage um you are proposing 43.659800 matter of course in terms of recommendation even though this is not a major development in terms of storm water mitigating factor for the relief of the variants that you would be asking for is to provide a onsite infiltration of the difference between the 45.1 21% and the 30% and this is only for what is considered the water quality storm Which is less than a twoyear storm uh but it is the storm that typically contributes to um runoff pollution to all the streams and downstream areas so I believe that would be an apprent mitigating Factor if the applican is Will to do that in terms of granting relief for the coverage of 45.2% um that can be done in sign um Suzanne has a uh if you don't have a professional suan could also directly do other professionals that have successfully performed and prepared similar gradulations U phally so you guys understand with a grading plan you have to have certain mitigating structures in there that handle the the runoff is that you understand that you have no problem with that um and then the only last one is just if uh when you subit the grading plan unless you know already just a scale po so we have it on the record with the application materials so this is a use variance to permit and Mr you want to take yeah and this is a use variance which requires that you prove the negative and I'm sorry the positive and negative criteria and really what we always look for is special reasons what what about this office makes it uniquely uh appropriate for this this situation and I think I heard you testify already this is just it's it's a normal home uh occupation occup occupation where which many people in the town work from home they work from a a bedroom that's converted to an office similar situations like that that's what I'm hearing from you this is just a a room with a desk and a computer and appropriate Wi-Fi is that correct and uh it's it's meant to do nothing more You're Not Gon to be selling any products out of there you're not going to be uh doing any light manufacturing no creating IDE I'll uh and and that's what you you know many people use their basements for this they use their attics they use spare bedrooms and so forth so th those are that's the argument for your special reasons unless Mr Bach and then also just that in that the rest the full bath also as part of that right and the bath is again it's being used as an office instead of you having whenever you know you're drinking that very large iced coffee coffee and instead of having to go to the house all the time they can use that bathroom there bathroom can also be used as part of you the general use of the house by your uh your beautiful blended family as as I think a current a current politician talks about uh the negative criteria is is there an negative impact upon your neighbors and the public in general uh is there have you been able to talk to your neighbors about what you're trying to do is there anyone that has told you that they OB in to it at all any number Rec you know they've been very supportive and also I think um it's not more than the existing structure out there so it shouldn't change anything for them at least the POR you're really just enclosing the uh the open area the porch it looks like correct so said and they said lat it's not going to be used for any presidential dwelling purposes it's just a gym and an office and but but I have but I do have a question but this so if we approve this this this goes with the land right so so they sell the house in five years somebody comes in says go this I got a mother-in-law Suite I just have to convert the garage to a living residence correct yes very specific very specifically and then with the current protections I should say that our B has in terms of change of occupany I believe that would be picked up during an inspection that believe see inection yes but it's only exterior it's not interior so another way to enforce it is just to have the resolution uh placed have it recorded as part of any you know as you would with a deed or something like that the applicant is willing to do just if you're successful just whatever the approval is this evening just record the approval so anyone doing a d search it's there even know you're never going to sell the house and you're be forever but if it ever does happen it would show up in terms of that this structure is limited I think and and the county clerk's office can assist you in doing that if you trying to do it yourself any attorney can you know not any attorney any real estate attorney can do I'm gonna I will disagree with you on that one um the county clerk's office is very limited in terms of what advice it can give sure that is correct so I'm I'm the deputy County Clerk I'm telling you we we get this all the time it's you're gonna have to prepare uh the documents and have them um submitted to us we're not going to be able to prepare the documents for you no and I I I I apologize if I sounded like I was saying that I mean there there are ways to do it uh you can consult with an attorney do your own research I know that your website does have some some fors and things on it that they can assist as well yes probably a little more yeah this is I would I'm going to say does that add feel better that's why we brought up concern so so if they ever sell it there would then be a title search the title search would show the resolution yes the resolution would say what exactly that you cannot use that for residential purposes it'll it'll list all the terms and conditions of your approval for it's a good question the burrow has a stipulation no no two residences on the same line so you understand that that's what I thought you were you would not be able to get a CFO you know you were to transfer anyway basically it's to memorialize the decision that you wouldn't be able to use it for habitate or some you know as a sec like for a second in law Suite you'd have to come back to the board for further use variant show them the just show them the paper understood I would email them the I would email them the resolution highlighted if it gets approved oh it's on YouTube up here I just have one question with the office and I don't know if it was asked but I think I know the answer you don't plan on having clients out there or anyone so that doesn't really rise to the level of a home occupation do no it's it's a home off right okay yeah everyone needs that after [Music] Co think Michael's got a tear in his eye over here well I'm I'm part of a blended family as well so does anybody have any uh further questions or comments before we open it to the public uh seeing none we'll open this hearing to the public anybody want to speak on this application or ask any questions come forward seeing none we'll close public bring it back to the uh board for a potential vote Steve you don't have anything further okay sh so there so we should would vote on D variance first and then C variances Okay C Varian will be subsumed in the use variance now before we before I go ahead just lay this out does any board member have any issues with regard to this application understanding the need for five votes everybody's okay uh because if anyone was uncomfortable what I would tell you is let's go ahead and and adjourn come back when we have six or seven here but I'm hearing from the board members that no one has much of an issue not that they're predicting their final vote but at least you can hear what's going on okay so this is a u application again to uh construct a 550 one square foot one story addition to an existing one and a half story residential dwelling and a 220q foot office addition to the existing uh attached garage uh there is also a bathroom involved in that as well um the property requires a several uh variances including a use variance uh for the uh what is really gu the home office uh as part of the garage structure which will not be used as a dwelling which not be used for dwelling purposes with a condition that the resolution be uh recorded uh showing that that condition there are also some both variances we talked about lot coverage uh we're here we've got 45.2 21% we're 3% is required the applicant has agreed to uh submit with a grading plan and various water qualities storm water uh uration structures that will be approved be reviewed and approved by Mr Box's office uh the a variance is also required for sidey yard setback here it is 8.88 feet where 10 feet is required variance is also required uh uh because this variance for both par because this is an expansion of a existing non-conformity uh with regard to the the uh aggregate you sidey yard setback of uh where it's 23.7 n ft 25 ft is required also the applicant is proposing accessory structure of approximately 480 square feet where 450 ft is required uh again you heard the standards for the C variants uh with regard to a C2 and that it fits in with the general Lan use purposes of the site and of course the use variants for the office again this this is really an office that most people now have in their in their own homes as part of uh either a hybrid situation or working from home uh and uh therefore there there are some unique circumstances here and again you also heard testimony with regard to the negative criteria that there's not a negative impact upon the neighbors nor the Public's health safety and Welfare Mr if I just supplement um I would suggest that the side that that to be uh approved considered as 8.72 8.88 was was on the a I believe probably like you got it I I appreciate the edification okay uh board members uh the matter is now appropriate for a motion with Mr Chairman's permission anybody like to make a motion to approve or disapprove the application you had it all laid out you know oh man okay all right so I move to approve the uh the D variant uh portion of the application um with stipulation that the that the owner will the applicant will file a deed restriction for is that a deed restriction it's not it's just aord recorded resolution uh indicating that the that the uh enhancement will not be used for residential property um also SE variances 45.2 1% lot coverage worth 30% required 8.72 uh feet side yard uh setback where 10 feet is required 23.7 n fit uh aggregate side yard aggregate setback were 25 FTS required uh 480 square feet F fe uh accessory building where 450 square fet is required and also reflect other uh non-conformities of un undersized U with undersized lot size and width and also the rear yard setback at 098 feet uh where five is required great job thank you and of course all the site the site right everything in Mr Box's letter yes and I'll second that any questions or comments on the motion being none roll call Suzanne chairman Hansen yes Mr yes Mr yes yes motion passes you heard my spiel about the appeal period for the prior application that'll apply to you as well well so congratulations good luck on your project congratulations and much patience bestowed upon you okay final case this evening is case number 24-9 d3p and tares Property Management LLC 1500 Kings Highway block 30 lot one and it's uh use experience application for three uses the property all right again the attorney your met fully my Irish side would be mad at me if I didn't pick that right up uh and with you today who are your two witnesses can we spell that last name o i i n and okay we're also swearing in Mr Bach lady and gentlemen do you sound me S testim about to give us the truth the all truth and nothing but the truth you got warn Mr chair do find the board's jurisic this matter again this is a reminder this is a use variance application so there's a required five votes and just like the last application we'll do a caucus at the end to to see if everyone's comfortable moving forward with the vote just a intruction your M this property 199 residential artr the building been Window Factory to brewery Automotive tuning or Improvement shop for cars as well as sign business among other things over the years nature of the building inconsistent with residential use and terce giving and ter a lot of difficulty finding new tenants for the building keep it filled up uh the master plan does call for this property 1500 KS Highway along with a few adjacent properties to be reson as commercial uh and this use variance is very much in the spirit uh what where the master plan wants or suggest that this property uh should go the uses that we'd like the variance for first is a valet Studio which is currently just down the street there River Val which would like to relocate to the space uh the second is just storage uh for businesses just to keep equipment there uh no no hazardous materials or food uh just a place to kind of store equipment to access from time to time not on a daily basis and also small office space um for two three people um not designed for customers to come in but just for people who want office space uh not like the previous applicants to use office it okay I I do have questions for absolutely yeah it's your witness so be appropriate for you to directly examine your witness but again as you know the requirements that you would have in court are much much looser here you can ask the questions any which way you'd like yes I do them as expeditiously as possible right all right uh good evening joh how you doing uh you're the owner of inter property manag and uh can you tell me uh just your history with the building and why you want experience sure uh Pur the property in 2016 came before this board PR STS is then for the brewery uh White manufacturing and the performance shop that was in there I was there for seven years and business grew and I could no longer sustain there so I moved to a larger property uh with acreage where I could expand to my needs so I've maintained the building um kept up all taxes so just recently um and I'm looking to occupy the building it was vacant for four years before I bought so I don't want it to be vacant in in your town I put tenant in there so Our intention is to keep along the lines of what I was doing I had my offices there I had storage there and I had light manufacturing just looking to have the official approval for storage and offices which I thought were in hurt with my uh my manufacturing as I needed those to run my business so but apparently they're not officially approved as use faanes so that's what I'm requesting today and can you describe what was Brewery business that was there uh there was independent Brewery that was there for partners and uh they made bre they made deer on the uh on the property sold it in The Tasting Room and uh Unfortunately they uh weren't able to sustain the business and they closed their doors about a year ago before I moved out of the building they closed their doors already and uh what period of time were they there uh they moved in when I did in 2017 and moved out uh last year okay and uh when you moved in was that your business that operated on there I did my main business I mooved in there um and work there myself every day and what was your business that light manufacturing uh storage shipping and receiving uh we do trade shows Museum displays special events and around the [Music] country pretty nice business but again we got through the town unfortunately Vis the building and couldn't find anything else within town it's Su those I'm 26 acres in last how how many employees and trucks did you have I had uh dozen employees uh up to 15 depending on how busy we were uh and same amount of vehicles uh you know personal vehicles then we had trucks that would come and go to load and unload all of our properties for all the trade shows and EV and how about the brewery employes Brewery had four owners a couple of tenders have worked a couple minutes a week they were there I believe 5 minutes a week from 4: or 5 p.m. until maybe 10: p.m. have were other positions that occy building time uh only the uh performance shop that was there for the first year that we were there and then the and I closed the doors after that okay roughly what where the uh perance shop they did uh lifts on vehicles and ex upgrades and things of that nature it wasn't oil changes and transmission rebuilds it was just performance and uh did you uh just describe what uses you'd like VAR for uh as I st I just like to have uh the ability to put storage points in there legally with the lease uh and office space as well I've had several approach me that were looking for space a couple businesses that bring town when the stay in town and U you know we're looking for for some office space and some sorage what not store uh I have one that is a a historian and he salvages old windows and um wood frames and different things from buildings and he repurposes them and that's interested in moving in and I have another one that is a uh a caterer who does not do any food at all on premises all he does is his equipment and his uh supplies all non whatever they call gr food or fr nothing like that at all just equipment nothing is cleaned on site nothing is managed on site it is put there and taken out M nothing else occurs there's no fulltime employees as he's telling me all he's doing is putu in out that is one of the that I have and for third's that third is Dance Studio M TR who uh is in town currently anding to relocate she's losing her and needs to move and is looking for a longterm Le she wants to stay in town she she's happy here and we make some improvements to the space adding uh appropriate dance flooring and mirrors and things for students now MRX 22,500 okay and then U for the Dan how many square fet 2000 2000 and uh for the apartment how many square ft is that 1400 uh describe yeah where the mechanic about 2000 that is one potential storage area Okay and then use about 4200 ft another potential storage area okay you have shop area there are two main areas in in the shop both about 5,000 feet each fromage and then how about the office space couple of areas about 500 ft each all would have separate entrances except the storage be shared entrances and depending on the potential tenants I would you know wall off or F all areas for them you know the ones that are moving in AR concerned about that for security or any other reasons as needed or as required by any VAR that Bild there are yes there are bathrooms the st Dance Studio would have its own bathroom the others are in the storage stations and and you talked about this a little bit but what types of items OS store site non Hazard no chemicals no fluids no off gasing nothing at all just pment how be access once a day maybe couple times a week it's varies what their needs are but it's not a there would be no employees that would be in the building full time that kind of story how about parking how many spaces are now there are currently 20 and I believe uh and has said that she would need about five spaces most her uh parents drop off and pick up uh she has several needs but I think five is her needs storage clients you know one to two spots each you know from time to time again be no fulltime employes in the building for any offices two to three employees so you know if there's one or two office spaces allotted then it would be you know up to four or five spaces for that okay and uh what about expected employes customer access to the site speak about that yeah just be on as need basis for the storage clients um normal business hours and uh the uh the dance studio has specific hours and they do change from Summer to winster but they are be documented we can share that information um and it's it's just our employees and I have teer the and how about existing signage you anticipate do so I would say for and we would do signage on the front um by the road and on the sides by the door where there's existing signage I would not increase any signage or or add anything I just replace existing signs from businesses that are go over there right and then uh going back uh the hours of operation for each business what do you expect storage the office off I would anything outside that what do you expect the hour um currently my students school um I teach I ride Studio about 230 and I teach 4 730 every school night um Saturday 9:30 430 we have com up rehears Sunday that's the school year um in the Summers I run a intensive summer summer sum ands sum two weeks sums the end [Music] and then John what are the type of number ofcy Vehicles access to the site I just put her in and out uh storage would be tce a day at the most I would think for for any given storage I mean they're putting their things there for storage it's not an everyday use facility and what types of vehicles personal vehicles um the one uh potential caterer would use a a 12T or a 26t box truck um which we in when I was there we were using box trucks every day every week and 53 foot tractor trailers are in and out of there for my business as well so a 12 foot box truck a 26 box truck is a reduction in what I was doing and he maybe two to three times a we M and how about refusive recycling you generated by any of them um you know if it was required I would put a downst own site but I don't anticipate need for one [Music] iott John how about any possible condition of Hazard zero noxious noise [Music] anything complaint there's also a question about uh the Gated area in the rear the rear of the building there's a chain link fence and a real rear gate will those be locked they are there is a lock already on the channeling PR and today I install a lock on the wood gate so both gates are off in the back and then how about uh the lighting suitability of on the site suitability of lighting sure the lighting on the exterior of the building has been upgraded to an energy efficient LED light and uh you know there's ample lighting throughout the park areas okay and then uh with the paving around the building are you willing to repair that absolutely I contacted a contractor already and I'm meeting him for an estimate what's the name of that company it is United it is United P yes right uh and how about the exiting driveway Aon uh we're looking at that as well okay that's something you'd be willing to repair yes and then uh there's a note about existing de on the site it's been removed or it's being removed up there today I it's not by to Bri it was dumped there I tracked it down I have cameras on the site I found out who it was chase them down I have them out there this afternoon so it's being I I just have a few questions about an's business so what is your business an a class Studio or School stud conservat my students go to Conservatory the other hour sometimes in the morning SE from um and then where are you located right now I'm at 56 Station Avenue I 5 years in April and it's breaking my heart that I have to love studio um I have students TR as far as sboro and Trent but a majority my students are local Wonder fames I enjoy being in this area and I've enjoy the studio very much great Happ so I I'll just say that it's very difficult to find space for what I do I a large enough area sealing something that as well so finding a new studio was always a big problem one the yeah and why are you leaving your I'm leaving my le is not red my up in April app didn't I think he's will to give me another money sort of they selling building it's for sale I and I have 35 to 40 students registered who are you know start our semester labor manage involes entire FL covering there's a lot of other stuff we have to do I can do that but it's always difficult to find and identify and space and this seems to work and then uh just last question is what are you uh like doing to space um we would be deconstructing taking down one nonweightbearing interior wall that is just to make the dance florer also taken down a false or we call a false wall it's a okay Windows to show and it just didn't um part of Studio has a 20 sort of like little higher and it needs to be painted cleaned P um the upstairs have carpet which I would see later place um a little bit of deconstruction up there for some buildings U the upstairs would be used to put light work and uh C Storage and bath um then I have to move in front floor my floor is not top rate I wish it was they R about $40,000 to do my studio I found this product it is a CH bre fiber board product very hard rubber on the bottom that has worked very well for us and I cover it with a floor which is the state of every Dan times every day anyway I have that's what I do [Music] question [Music] building I don't want to go through Steve's letter and questions before we open it to the board what was your 2 so the application materials indicated 1520 foot of storage so 15,200 just we need numbers so that's I'm trying to get the numbers so um and then 2000 be and then we can say the remaining would be the apartment 140000 um and the remaining is office and I I don't consider always things circulation you're comfortable with 15,200 of storage space the 2000 ft for the Dan studio um and you said for the office um in terms of the storage station you probably testimony that it would be four storage space so you're comfortable with four being each storage spes and I'm leaving you because storage for small business could be um Self Storage so we're trying to make sure that is not what the intent there's go so it would be divided that, divid I could div large we asking question not anyway put 10 by 10es your it's your application I just want to make sure understand no intention to go that direction so four to six toal spaces um you indicated for small business small business with that U so storage was small business where no businesses would operate out of that space so let's say an hbac company is interested in storing their sheet met Goods there they would drop them off there that is my that is my concern okay so if that's one that needs to be that's that's not a story that's this is already been sub previous applications before the board um would you be willing to say uh storage would not be U construction related storage General cont contractors Plumbing people that would be coming and going it all hours of the day every day right indry uh there's Flex Flex storage space that many contractors use as their home base coming going get on an office there nobody is operating with cell phones but they're really running a contracting business out there so it would be nothing to do with Contracting and I'm asking for some Mar Mr Herbert on how to save is Better Contracting yeah I I would just say cannot be used for Contracting businesses I been contract building building contract contract heavy constru or construction trade wasn't there also no we just don't want I mean I think the board's cons concern is going to be trucks coming and going at 6:30 in the morning picking up daily supplies and upsetting the neighbors cont office but they put all their stuff in they're actually running a business so wouldn't be running any business out of there using for storage purposes and no storage purposes for contrac fair enough right I think you said with respect to the storage I'm not talking about the dance studio but with respect to the storage I think there was testimony that it was 95 for the storage that that was kind of the hours that you were the testimony that I mean the previous application we had concerns about the truck coming in at 5 in the morning you know or or or later at night normal what are normal normal hourss we have we don't have what would what would you be willing to agree to in terms of your your the for the actual accessing of the storage areas I would say 95 might be a little restricted I would that's why I was bringing it up and thank you I think maybe 8: am is a reasonable time uh and 6 PM hudle something like that 8 to six access I'd be comfortable with that and I think most storage finds would have no reason to want to outside and again I'm not talking about the dance studio I know you had separ separate hours yeah this is related to the storage use remain to the storage use yeah I'm very comfortable with if you want to do an 86 and I'll have that in every leas absolutely so let me ask you with respect to the storage use do you actually have tenants right now that are going that that you're ready to sign a lease with for this property there are a couple that want to sign lease okay so with respect to those leases what what's the what's the storage I think you mentioned it was something with respect to okay the cater he uh um is not there every day and he's not there on off hours right you talked about him before eight or after six you know would not be doing that um and he would be uh and I talked to him today he said if I have a truck there a box truck 12 or 26 nothing larger and uh not more than two or three times a week is what you would do and your property can handle like the box truck the 26f footer coming in K turning and 53 Footers coming in there with extended caps sleeper caps coming in there when I was working out there um I have 26 fot box trucks in and out all the time they can back up very easily to the side Overhead Door property it's pretty wide there you be willing to and I believe sure I don't believe you under your previous approv I don't think you were supposed to have that was the issue I wasn't aware there was a restriction but I have problem putting that restriction it's not an issue any and U and then U so we talked about four four to uh up to six storage U units with storage areas they're all going to have uh they're not going to individual access from the exterior they're to share access there are multiple entrances that I can SE so I don't want to restrict that I don't want to restrict that if there's a door that's more convenient to the main Drive aisle for one of the units I just want to say you're not proposing any exterior access changes whatever can I ask where the exterior access is for the dance studio compared to storage sure it's on the side of the building as you pull in par lot the first door on the right the storage areas would start at the first overhead door and then there's a Mand after that and then around back another Overhead Door another man door another man door and another overhead door and all that around there so there's separation between the dance studio for little kids coming kids coming in and out of there versus so it say that then I'll ccul this is that's correct the old Window Factory entrance yeah where the windows in the front of one Kings Highway but it's the very first door there is another door in the front of the building and that be one of the office separ from here yeah front and my understanding there and just for the board's information and public's information there's already set improvements required under previous approval when you were operating your business there there is a walkway area there are bu stops chasing to we required all that back in 16 when we heard this I remember I remember I was on the board then um in in terms of uh trash um your previous approvals you had all the trash in the interior except for a construction D dumps those all the way around the back would you be willing to do a trash enclosure with whatever receptacles are appropriate for your use and that that are are you proposing to U used the burrow facilities Dr sure drag use this word and burrow trash collection or you have a dster for your proposed oh dster and you would do a trash enclosure that would be accessible at all all times for trash collection because if you put it in the back where you have your construction so that's going to be lock F there well we had it locked that's where we had it we had it locked in F in Fon then the uh recycling company would come and and remove it they had access through the gate and then the tenants would all have access to the back property as well for the so you could put the dumpster in the back there but how would the you would make arrangements with whoever is removing that and have access absolutely okay that's how we had done it before we had it in the parking lot previously in the back in one of the spots and too many random people were ding in it so we put it behind the fence is that the dumpster at in that dumpster location at all visible from the adjacent County par no no there there is enough shy and trees all along the fence line there that's why understanding as well I just want to point it out so if they do put the dumpster in the back in the fence in area then it wouldn't have to have necessarily have a trac closure be out of the way um we noted uh and some c boxes on the site are any of them on your proper all just want to make sure that they're not on your if they are on your property you remove yes okay Myer it Li PL today so I can find out who that is so there there's things on the property I'm trying to keep go by there and keep it you know un occupied again that trash showed up I wasn't aware until I received your letter all the trash and today I having so what is going to be the use of the fen in area in the rear of the building is there going to be any use of that I don't anticipate any currently potential storage of you know a vehicle maybe but I don't anticipate anything like that so your application doesn't indicate that you're using it foral purpos I'm not requesting that at this time right so no storage of any other vehicles know the fing area would not be as part of any storage for the small businesses that just dve there'll be no equipment or anything else in that outside not under this application um there and I haven't been back here in a while are there still the walkways and all the other uh the deck was all removed the W removed previous was all removed so all that all that those individual walkways and everything else has been um so you refer the board and the applicant for the public for September 12 2024 review I believe we have elicited elicited the testimony from the app for all the questions uh that I was asking um theyve already agreed for the uh uh restoration or the uh repair of the the painting areas of the front U the the front apron conrete apron that'll be in concrete so Steve I have a quick question about so the Kings Highway construction yes what are they are they doing curves as well yes obviously actually suggest the applicant actually contact have I'll tell I'll tell you they're doing the apron if if the county Kings Highway uh Paving project is already anticipating replacing that apron then then that would meet that condition otherwise the be right okay that's is there a schedule or time frame for that soon start I just want to come back to the trash enclosure yeah is there I'm I'm concerned that you're going to have a Lock Fence in area and you're going to have trash from name Studio definitely trash from the offices excuse Sor she would take her if there was another dance studio that made TR I'm not saying done with the use the land is there any way that you could do maybe right off of that fence area because you do have room there now that those those materials been removed an area that would be accessible to the tenants on a regular basis and for a removal facility again not requiring site plan or anything else but 6 fo High PVC fents with whatever trash you want to put in there and that way we know trash can always be in one location and not in up the dumpster okay there are also dumpsters I can get that have a bar and a lock on them and I can give the tenants all access that way well if if you put it if you if you put a dumpster out that uh is visible it should be in a f okay fair enough yes and I think that that would solve my concerns about before it was really construction activities associated with your exhibit right and that was a actual construction dumpster exactly and they had a lot of testimony that were to keep the tracks inside but I think that'd be more approprate this would be a small dumpster the small ones that the guy comes in just they want to do trash can they do trash can it all depends on their at least we have it there for whatever use it is and we know trash is not just sitting is that is that acceptable abely that's all the questions and comments that I hadt uh Mr chairman I think Mr Bach has pretty much covered everything I I've seen here board members have questions um this is the property still that has the cell phone tower on it as well correct I discovered an an purchase of property and when I went to try to sell the property that it has the lease has been sold in perpetuity so no even myself or anyone else that ever wants to buy the property will ever have access to any funds from that s yeah that's that's whole separate issue okay but I'm hearing that you're going to lock that you going to be locking that area there's still going to okay by the through the front that Tower not through the back how that work to the back I don't know I'm going to put on the record it was never approved by this board that was at least that I believe I'm resarch that was in a lease exhibit between the cell phone carrier and the property own but wasn't subject to any so the access on the back is not required who do they pay their rent to themselves so they they they sold the lease agreement separately the lease to the cell tower separately from the property am I understanding that correctly and inet and make renew it every five years without being challenged so I'm not touching that one I'll oper you may you may want to talk to Mr Foley about it afterwards so your your prior approval for this property when you were operating your business required um that you to allow access to the cell phone tower through that rear area the Lo gate area um that is condition that's already riding with the property continue that condition will stay in because that's actually what they're doing yes and so we just want to make sure that was reflected Mr chairman any questions I don't have anything further anybody else a public of course uh seeing no more questions or comments from the board if anybody from the public has any uh question or comment please come forward we have the solicitor where are you in and take your questions or comments yes sir come forward man we're going to have our solicitor s in sir if you just state your name for the record and where you live I'm sorry I I couldn't pick that up can you address 611 West Kings Highway [Music] qu16 go ahead Mr Z let me swear you in I apologize raise place your right hand you saw me testimon bet gives the truth the whole truth the truth you got go ahead okay I just didn't understand two things one is how many parking spaces are there they said there were 20 how do we get and it with the Pati of the board I have the previous approved site plans I try to find 20 20 are approved on our previous cine obligation okay can I get with your so this is they're parking along the side of the building and they have parking approved in this area so this is their parking on the side and this is the parking for the fence Tak can in here not the 30 foot um not the the common drive out they can here they could park all the way down to the end of their building and I believe that was all striped I think we required to be striped as part of that approval the front of the building to the rear of the building I I believe there might be a little more I don't think so District here yes no just let him talk yes and I'm I'm refering the board passes around um U he owns a this 30 foot uh right of way which is an access easan that goes through and he's his area that parking is immediately uh adjac to the building but there's no parking in that common access aisle it goes back to the there's no parking here correct there's always parking there there should not be so this was a previously approved site plan if we when we were here for the variances for the brewery and everything else there were always trucks parked here those trucks are still here if that is not in assist with the previous approval I think the applicant had I know there has been loading unloading no no there's permanent trucks park here P concrete and a lot of other trucks are perly park there King concrete parks behind the Sher Williams building in that Fon lot King concrete does not park on my property so maybe I can add this the common driveway and I assume you are right across the street here yes the common driveway is half on the opkins property and half on the Sherman Williams property yes okay so and I I I not that I believe in one of my th they have some dumpsters in the Sherman Williams property that are not supposed to be there there maybe other things that is not on the if there's ever any concern in terms of a neighbor is meeting their obligations on their approvals always reach out to our zoning office and ask that question of our zoning suan and Suzanne will be the one call officer okay I'm sorry I didn't understand what you so if you believe someone is parking not here but right if they're parking in an area where you believe from what you approval and not living up to those items you should do an inquiry as to uh people actually operating the property as as they were approved and you would do it through the zoning office at hat nights you call the had zoning office and you say I don't believe they're operating and you can list what you just said in terms of your concerns is that that no is correct Mr Bach as always sir you have any other questions besides the par I have one other question and it may not be Rel but I I'll ask you are the bathrooms in the facility going to be commonly used by all three people or are people going to have separate bathrooms there are individual bathrooms and there's a handicap bathroom and they're being used separately by the different tenants that all three tenants can't use all the bathrooms yeah okay so each tenant would have access to their own bathrooms uh there could potentially be shared I mean if that is a requirement locks on doors and I give each tenant that's not I would caution the board not to really get specific that's a building code official right or building code issue not a planning board [Music] matter came in for their VAR the question came up about B use and they said there was only one and they add we did add clarify there were three bathrooms in the building before the brewery and there were three additional ones added with Brewery so there are because beer is only borrowed so um yeah the conern you need to say that for the record so you're also concerned about U trucks parking just you know outside of prescribed parking areas so you would you would make sure that no one is parking outside of the prescribed parking sated in the yes yes thank you sir steeve I think that's a sh Willam issue when you say that I couldn't have TR tra like I didn't have once a week they did they did and it was in my way most of the time and that area in the back where they're supposed to be turning around they don't right so in terms of server but you have control of your property you're not having track of trailers and it's up to you to enforce as as the order of the property yes that people are only parking in the prescribed areas that are part [Music] previously come forward sir we'll have you sworn in and I'm going to pass this around because I was referring for the record the previously approved minor sir do you just say your name yes sir Garrett Gary last name Morris Morris you said 300 Kings Highway 1400 I'm sorry hen Heights or is it Alon or hen Heights okay Mr Morris if you just raise your right hand you saw me S test is truth all truth but truth be got thank you right the truck speaking as far as the variance for the Neighbors there was a g proposal think several years ago TR so when sh has a Track Trail truck that comes in usually it's around middle of the day around 4:00 I think young ladies most danc 4:00 6:00 that's most all the uh contractors come back from their jobs at wom Truck Park they're usually tra back upway traed you mentioned most of your your students are locally or they get driven in well they walk they're local they're from West they're from one can now walk I um they're many are from the area Okay um the parents will drop them off and take off plac on the no it's behind it these are all like storage from contractors back trucks coming and going to turn around the busy hour when our classes are that's when most of everyone comes back on their day day routine so my issue to that would be construction congestion traffic back on K no matter which way you're going of course that bed time day that be my concern having I'm not against it an office for a couple folks but I think a dance studio students who are coming and going what did you do during when it was when it was a brewery Brewery was I really don't see how it's fair that an adjacent business impacts a shared Drive AIS that doesn't sound right to me I mean they you shouldn't it shouldn't be blocked I mean that's I know in reality what you're saying but then that's a that's a problem then then as a landlord you should be enforcing that and Sherman Williams should be doing the same thing I don't see how that I don't see how that's his problem the three the three units back there looks like three on the area but yeah it could be there might be more there's three structures in the existing struct that's pre-existing use mobile whatever it is that access AIS right away you look at as well so portion of that is on the property portion of that is on the Williams and that provides access to this G I'm sure he's probably got knees me to the rear offer up the same advice uh to the prev my previous member of the public if if they are parking in a common access Drive you're not supposed to be and they should not be impeding any access there so I would I would offer it up the same way contact our zoning office and see if they can be of any assistance to you in terms of how they're operating your site maybe Sherman Williams should be to you know if they're cited then they would I don't want to you know yeah they devil's advocate here but they they maybe they should accommodate their deliveries at less less peak times that wouldn't impact their neighbors I mean seems like a pretty simple solution to me it doesn't impact you as well Gary there is a prescribed loading area for the Sher Williams that is now full of dumpsters so there I you may have some concerns U but the afcan has already stipulated this that stipulated that they will not be allowing vehicles in anywhere that's not a straight parking um in terms of turnaround I refer for to the previously approved application when it comes to the common Drive area there is an area for K turn in the rear of the structure that can be accommodated for people to actually do turning movements turn right when you get back there and then back up right correct and that was that was part of but that has to stay open so I can't have any materials stored there or Vehicles stored there and everything else that would sort of sounds like to me with these new proposed uses it's not going to be a situation where you would anticipate a lot of stuff being stored or blocking that access that should be cleared any that should be clear anyway in case the cell to to give the cell phone tower people their access as well so the the U and the gentleman asked me the traffic is as big as concern stated so the applican has already indicated uh what the uses are 46 storage Dan use theyve indicated what they expect for traffic generation and they also agreed that no Contracting uh will be permitted as part of the uh small business storage uses and no track or trailers will be allowed to U be operated on the site I'm I'm going to suggest Mr Herbert I know I'm mixing public testimony but um would it be appropriate for the leases to be submitted to your office or an example of that leas to be submitted to the solicitor in terms of that language or is that inappropriate oh my I'm on the Ed here yeah you know normally we don't do that but but uh I mean you know we want to make a condition this is a use variant so we can make it a condition of approval is that acceptable that that way s just to clarify subase all leases sample lease sample lease yeah sample form much like our review of Just Gonna it's gonna have all the conditions on there so Steve so the question I have for for the dance and your name is so how many students in a class at one time Ty um six cars so so these people pull into the spot they drop their kit off and they pull back out and they leave most of the time yeah that Mr Morris it sounds like it sounds like your concern is the same as the applicant you you and the applicant probably share the same concern they don't want he doesn't want somebody blocking that aisle either it doesn't sound like yeah I live right I live up I live 1300 block so I you know I see the truck there all you know come and go through there all the time yeah we shouldn't I mean both of you shouldn't be forced to endure that hardship constantly no I appreciate you raising thank you Mr Morris I don't think anybody else is here from the public so uh unless you have anything further to add you want to come forward again we'll close public any want to talk about [Music] uh be a lot of conditions I know office represented does like it but especially in terms of storage for small businesses a lot of conditions on it that very good if that could be recorded that's something just recording the resolution not restricting or anything I've never done that before and I think it's great a lot I've been around a while I'm anybody else have any questions or comments we want to talk about uh straw poll and the vot board members uh as you know this is a use variance application uh we we've had pre a previous history with this this project this site you know back in 2016 there was an approval of uh manufacturing Auto Repair customized service you heard the testimony about this I later approved for a use variance to allow residential departments at the uh 2018 meeting uh there was a denial in 2023 for a fleet uh vehicle equipment storage uh application for the site uh and you know you heard the testimony about it being a brewery and so forth and now it is just being uh brought before you as a dance studio with a maximum of 10 students uh for a session uh and uh storage uh so of course there are D variances and uh that are part of this application you heard uh luminous testimony with regard to the how the businesses were run and how the site functioned uh you also heard testimony with regard to the use variances and and why under the positive negative CR IIA would work for the site so with that we have this application is everyone comfortable moving forward to placing it on the table discussion and vote Yes I'm comfortable with the with the conditions that we talked about we we've put extensive extensive extensive I can't talk anymore extensive conditions on the record yes the filliers are losing badly so I can't talk so uh GL to hear your affili uh and uh you know again attorney Foley came before this board uh attorney Foley you uh I should say solicitor I'm from up North solicitor Foy U you're comfortable moving forward with the vote is your client comfortable moving forward with vote okay uh and uh I'm sorry I one thing with the submission of the lease for approval with that do vote then allow for any not any but a a storage client that falls within that lease that isn't outside of the you know wouldn't be a contractor or something like that would I need to submit an application for S moving forward no no as long I think as long as you fell within those parameters that we set then so this will be a blank one correct correct we're not here we're not here to govern every little business that goes in there we're here I just I have a little bit little bit room as you heard from board members yeah the if if the board were to act positive positively with regard to your application that use variance Grant runs with the land and you know can be used in the future it's only really the specific conditions not who's going in no Track Trail you know hours of operations things that you agre to we're just here to set controls basically agre to yeah I mean this application there was an application before this one where it was turned down because it was a fleet uh type Services going in there and the board just wants to try to stay away from that thank you leases for the storage businesses yes office as as long as they not track Traer and and no tractor trailers for the for the ballet company I would suggest that you get form of resolution those specific requirements are the that I would you have language acceptable Mr Herbert that you can includ no one is suggesting that this board Alicia Lipton who's with me tonight and I will be preparing this resolution and uh we'll make sure that we have all the conditions the great thing is we can watch we can watch the V we can watch the video again to see what the the conditions are God bless you too more slipped in theight we want to uh does anybody want to make a motion to approve or deny the application contingent on what Mr Herbert said one other condition uh taxes must be broad current absolutely soon as I have ten I can pay happy to do so I haven't missed in eight years this the first order that we have leaked I'm not I missed but I'm leaked and it will pay the uh pay the normally the board would not even hear your application and uh the administration allowed it to come forward understand the hardship okay I mean I don't even know where to begin I'll make the motion to approve the application based upon the testimony that was plac on the record and the letter that stated by and all of uh conditions read to conditions are placed upon the record and everything that's been recorded by that camera over there correct I'll make that motion anybody like to Second it I'll second any uh comments discussion on the motion questions seeing none entertain a roll call vote please chairman hon yes Mr yes Mr M yes M Bon yes Mr yes thanks guys you heard the uh spiel about the resolution and the appeal period and everything 45 days from the from the publication date of the memorialization of the decision luck glad to see we could work out something that would be mutually beneficial to everybody hopefully thank you good luck um have anything else we have any correspondent Suzanne on other business no any other business no anything from the board members uh seeing none entertain a motion to adjourn all in favor second any opposed we're adjourned this