mber 17th uh meeting. Um I don't I'm sorry. I just started you now. Okay. Are we okay? Do we need to Okay. All right. Um so for the uh
September 17th meeting, um I don't have any corrections to the minutes. Does anyone have any corrections to the minutes? Motion to accept minutes. Second. All in favor say I. I. All opposed. Abstain.
I think we had three abstensions. Did you catch those? Yeah. Okay. All right. Um then we have um the first item um for us to address. I think all of you
are aware of the fact that um our chairperson has been asked to accept an interim position at least on the town council and because of that is no longer qualified to serve on the uh zoning board uh and therefore has tended uh his
resignation. So that puts us in into the enviable position of having to uh elect leadership uh at least for the interim period which would take us through uh the end of this calendar year into January when we would elect officers or
uh for the uh for the new year. Right? So the first uh order would be to elect a chairperson for this interim period and then we'll proceed from there to elect the vice chairperson. Uh the floor would be open for nominations.
I nominate vice chair. So I nominate the vice chair. Second. Any other nominations? For the election of Vice Chair McAuliff to the position of board chair. Um Vice Chair McAuliff,
do you vote? I'll abstain. You're allowed to vote for yourself. I know, but I'll abstain. Thank you. Thank you, Mr. Cfield. Yes. Mr. Church here. Yes. Miss Harris. Yes. Mr. Simon? Yes. Mr. Beer? Yes. Mr. Griffith?
Yes. Mr. Cruz? Uh, I believe I have to abstain. Correct. All right. So, that is um six yeses. Congratulations. member cruise is not reason.
Huh? Hold on. Don't go anywhere. You raised it. Trying to be legal. That's all. That's right. Um, Mr. You're the third alternate, correct? Mr. Cruz is the fourth alternate. So, what the one man out is the last alternate. So that's why he's
not. Okay. Okay. All right. So I believe you can make the declaration I think. Yeah. So we have congratulations. You're now the chairman, Mr. McCullik. So the next order of business would be to elect the vice chair first. Again, that's for
the intimate period through the end of the year. There any nominations? Um I nominate Jerry Simon. Second. Okay. Second. Any further nominations? Roll call.
All right. Uh, Vice Chair McCullum or Chair McCull, sorry. Yes. Mr. Cfield, yes. Mr. Church, yes. Miss Harris, yes. Mr. Simon, can I vote no? You can I'll abstain.
Uh Mr. Vieira. Yes. Mr. Griffith. Yes. All right. That is um six votes in the affirmative and one extension. All right.
Thank you, Mr. Simon. Okay. All right. Um, yeah, I think it was important for me to uh to have stay in there for uh um I'm always in the uh position of being able to say I didn't vote for this. So, uh
any event, uh we look forward to working uh together and carrying on, I think, what has been uh very important and a great tradition actually for the U zoning board. uh and um we'll proceed u accordingly. So we have um
uh some resolutions uh uh to um review. The first one uh is the resolution related to application 2934 for 292 Orange Road, Kesha Owens.
Um, Zanup, who's eligible to vote on this? That would be Chair McCull, Mr. Cfield, uh, Vice Chair Simon, and Mr. Cruz. Yeah. your way.
Uh there are let's see I think uh on a couple of u notes um on page three uh item number two which is which is at the top of the
page page number three um the reference to a small deck. Let's see where that is. A new deck. Yes. The last the last sentence of paragraph two. Um, a new deck containing
a fivep person hot tub will be added on the left side of the dwelling. An 8 foot tall cedar plank privacy screen will wrap around the corner of the deck closest to the street. Um, and that should uh on the uh sentence, a
new deck containing a fivep person hot tub will be added on the left side of the primary dwelling. Um, so we're not talking about the uh ADU. We're talking about the the primary dwelling on that property.
And then in in paragraph three uh just a a minor uh grammatical correction and that is uh uh beginning of the first sentence the applicant uh presented justification etc. Are there any other corrections to the
resolution? Does someone move the approval of the resolution with the amended with the amendments? I move approve uh the resolution with the changes said by the chair. Second. All in favor? Uh
I think we do a roll call on this, right? Roll call. Okay. Uh yes. Uh chairman. Yes. Vice Chair. Yes. Mr. Cruz. Yes.
Mr. Yes. All right. That resolution is approved. Uh the second resolution is application 29387 Columbus Avenue. Tracy and Matthew Miller.
Again one minor correction that I noted that is on page one uh paragraph one uh where in the second sentence uh the lot measures just correcting the word
measures please I didn't note any other corrections to the resolution did anyone uh else want to make uh any corrections to the resolution All right. Would someone move approval of the resolution as amended? That's the same people are eligible also.
Yeah. I move uh this resolution with the changes presented by the chair. Second. Yes. Chair. Yes. Vice chair. Yes. Yes.
Yes. All right. Thank you. Then the third resolution is uh application 29429 Clover Hill Place. Alex and Maddie uh Silota Young.
again. Um I noted that on page one number two uh uh the first two sentences are redundant. I mean the second sentence itself is redundant to the first
sentence. So if you would strike that. I didn't note any other corrections to that resolution. Did anyone else offer any uh corrections? All right. Would someone make a motion to approve? Um move approve. I move that uh move to
approve this motion uh with the changes set by the chair. Second. Yes. Yes. Mr. Yes. Mr. Yes. All right. All right, we're moving into new business
then will be I'm sorry. We just did that. Oh, yeah. You got it. Thanks. So, uh, moving to new business, then we have application 2946
49 North View Avenue. Uh, William Barry, uh, is the listed uh, owner. Um, this uh, uh, application uh is for variances required to construct a second story addition at the northeast rear corner of
the dwelling. Uh the property is in the R11 family zone district and is designated on the township maps as lot 3 in block 2605. Uh variances are requested uh for Monontlair code 34745D
to permit a rear yard setback of 8.66 ft where a min minimum of 25 ft is required. Uh also a variance from Montlair code 33 34745C
uh1 to permit a northerly side yet uh yard setback of 3.84 84 ft in alignment with the existing dwelling where a minimum sideyard setback of six feet is required and a variance from Monontlair code 34745E
to permit the existing building coverage of 29% where a maximum of 25% is permitted. Um, and the applicant uh seeks any other variances that may be required. Proper notice have been given to the
public. Yes. And and uh taxes and uh fees have all been paid. Yes. Taxes are up to date. All right. So, uh Zana, would you raise your right hand for the two applications we're going to hear tonight? Do you swear to tell the truth in the matter is pending before the board?
I do. State your name and position with the township. Zen of Gazmi, assistant planner. Thank you. All right. Mr. Petri and Mr. Barry, would you both raise your right hands? Do you swear to tell the truth in the matter pending before the board? I do. State your names and addresses.
Is that microphone on? And if it and pull it closer to you also, please. J. Michael Petri. P T R Y 155 P Avenue Sweet 350 in Fairfield, New Jersey. And Mr. Petri, you're you're testifying today as the capacity as an architect
and a planner. And planner. Okay. Engineer if I need to. Well, are that's why I have to know which hat you're wearing. So, um primarily planning testimony this evening. Okay. And uh all three licenses are all in good standing. Yes, they are. And Mr. Petri has been accepted before
this board on numerous occasions. So unless there's any objection, I think we can proceed. Thank you, Mr. Sullivan, and congratulations, Mr. Chair. It's it's good that finally get to call you that. Um,
the subject property is designated as lot 3 in block 2605. It's commonly known as 49 North View Avenue. The parcel is approximately 40t wide and 75 ft deep, having a total area of 3,60 ft. There's
an existing 2 and a half story home on the parcel. It's slightly off center towards the left and to the rear. A driveway is located on the right side and a rear entrance in the northeast corner of the structure. All of this is shown on the uh the sheet one of your
plans and it's uh on the screen right now. So basically the existing house located the driveway is on this side. There's a rear entry area in the back and that rear entry area is exactly where the addition is
going. The applicant is proposing a modest 38 square foot addition on a second story only in the north west corner of the home immediately above the rear entrance. Um the ex the extension
expands the house four feet to the rear and is a total of 9 ft 7 in wide. So we're talking the equivalent of almost 3/4 of or one and a half times the size of that screen.
It's similar in both size and style to the addition that was placed on the neighboring home to its right or to its left when you're facing it from the street. Utilizing this space along with the um so
utilizing this additional space here and reducing the size of the existing bathroom here. Um, Mr. Barry hopes to create a new bathroom and a a small bedroom.
And by small bedroom, I mean it's 8 ft 9 in by 10 ft 9 in. So, it's a nursery in essence. The existing house sits on the property as I indicated uh hovering near the north northerly line um as shown on the
cover sheet. Twink. Um and that existing setback in the rear is uh 3.88 ft. This addition which is shown in this shaded area right there, that little area um extends that 3.88 foot setback um or I'm
sorry 3.84t setback back an additional 4T. Um this is in deference to your ordinance which requires a 6ft setback. So, we're not getting any closer to the line than we are today, but we are extending how
close we are by four feet. Um, because the home is located towards the rear of the lot, there's an existing uh 9.23 foot setback at the corner of the of the existing house as it juts out in the rear. Uh, we are because we're filling
in this area in this corner, we are we are reducing that set back to 8.66 66 ft where 25 ft is required. Again, the house is skewed to the rear property line. So, when we go out in that direction, we get a little bit closer to
the to the uh property line. Finally, despite the fact that the addition extends above an existing portion of the structure as well as above an existing uh deck which under your ordinance counts towards the building coverage,
the existing building coverage is nonconforming at 29% where 25% is the limit. The applicant has been creative in adding space with little impact to the zoning standards. The addition is
located over a deck that as I said by ordinance is considered part of the building coverage and so he's not increasing the building coverage. While the existing building does not meet the sideyard setback, the proposed addition does not measurably impact that sideyard
and is limited to the second story only, thus limiting the impact. Finally, the addition becomes only marginally closer to the rear property line where the existing is 9.223 two 23 feet and the proposed is 8.66 feet. So, we're getting
closer to the rear property line, but by less than 6 and 3/4 in, so less than the length of my hand. In my opinion, the application can be considered under either a C1 or C2 criteria. The C1 criteria is supported
by the fact that the existing home as it sits on an existing undersized lot makes it virtually impossible to add any space to the home without requesting multiple variances. The C2 criteria is supported by the following purposes of planning. Since
this is reflective of what the next door neighbor did and and I can tell you by photo if I introduced it. Um, I did prepare a quick photo board this afternoon because I thought it was it was important to show the board what what we're doing. So, here's the
existing home from the front and we're going to mark that as a with today's date. Okay. Um, the existing house at the front, the existing house at the rear. And the bottom photo shows the the house from the rear along with the neighboring
house from the rear. Now, if you look at what the house next door did, they bumped out in the exact same location, in the exact same size, doing exactly what the applicant is proposing, only a second floor, partially over an existing structure, and partially over their rear
entrance. So, I think a picture is worth a thousand words. And that's why I wanted to bring this this evening. Um while the existing uh the C1 criteria as I indicated I think is supported by the lot size the C2
criteria by the following purposes of planning. I think since this is reflective of what's next door I'd offer this variance promotes uh purpose I of the municipal land use law creating a desirable visual environment through creative development techniques. What
what both of these property owners are doing is small additions to make a two-bedroom house to a three-bedroom house and in doing that having doing a project that takes very little in terms of additional size. I offer that the
variance request also promotes purpose G of the municipal land use law providing sufficient space in an appropriate location for this residential use to expand. Finally, I do offer that the proposal also meets purpose C, which
provides adequate light, air, and open space by virtue of its exceptionally small size, as well as the fact that it floats above the ground. In essence, from a negative criteria perspective, I honestly don't see how a 38 square foot
addition could constitute a substantial detriment to anything, much less the public good. But I would say especially when this variance is identical to what already exists on the adjacent parcel, this is in the rear of the property uh
where the two houses kind of come together and so it's not visible from the street. So I don't see this as being a significant or a substantial detriment to the public good. Um, as I as I said in the with the photo, I think imitation is the best form of flattery, but in
this case, I believe it constitutes a creative design for an otherwise difficult single family house addition. For the intent and purposes of the zone plan and zoning ordinance, I'd offer that the impact of the addition is so minor. The sideyard really isn't getting
any smaller. The rear yard is being reduced by 6 and 3/4 in and the building coverage remains the same since we're extending over what is already considered building area. As such, I don't see how these exceptional minor changes could substantially impair the
intent and purpose of the zone plan or zoning ordinance. Therefore, it's my opinion that this board can grant the requested variances under either the C1 or C2 criteria with the negative criteria having been met. And that's all I have to offer. I wanted to try to make my testimony as
small as the addition. All right. Thank you, Mr. Petri. Thank you. Uh Mr. Church, questions. Yeah. Um we're operating in a very small space
here. I can see that. Uh and have you discussed this with the neighbor? The neighbor doesn't object. Uh the neighbor does not object. that you're mimicking his addition. Um, no.
Okay. Uh, so there's no um detriment to his property at all with this. Um, no, our houses are actually the rest of the house is already identical. Um, they were two, I guess, model homes built at the same time. Um
but there he uh no it would have no impact on his property whatsoever as far as I can see. Okay. Um I appreciate the fact that these lots are small
and to make additions is difficult and you've been creative. uh the um without the objections of the neighbor, I don't right now feel unless I hear from my colleagues,
uh I don't have any objections to what I'm seeing on the application uh at this time. Miss Harris. Um, just out of curiosity, are you planning on um building closets, a
closet in this room? I have no plan to do that at the moment. Um, just because any closet space would intrude on the interior dimension of the room, which is already quite small. Um, an armoire or a piece of furniture would
be what we would look at. This will be, you know, it's a very tiny room for a very tiny person. Um, and uh, he is not in need of a a closet at this time. Okay. I was just I was just asking because typically you'd need a closet. Yes. To be considered a bedroom, but um,
that's fine if you don't. Miss Harris, that's by code that's actually not necessarily true anymore. It used to be that way, but it's not. But the room has been designed with an egress window, so it can serve as a bedroom under the code. Mr. Cfield.
Yeah. Um the roof on the new edition um have an a shape there. This is the the leader on that. No. On the bottom left. Yes. Okay.
So, yes, there will be roof leaders that that carry that down for on both sides. For both sides. Right. Um, no further questions. Thank you. This is Simon. For the for the first variance, where is
the 6 in being lost? So, the addition is going on. The addition is going on the rear of the house here and the you can see that the rear property line is skewed to the rear
of the house. So right now the closest point of the house is this existing bumpout that you see um that you see in the photo on A1. Okay. Yeah, I see it right there. Right there. And by
carrying that across the width of the back of the house, that's how we get six inches closer because the the property line is skewed to the house. Okay. So So it wasn't due to any protrusion or anything on on the design.
It's just the shape of the and the layout of the house encroaching. So exactly. So I want to be clear. Um All right. No other questions. Thank you. Thank you, Mr. Cruz. Um, yes. Uh, were there any other like
design considerations you took, any other options, or did you just go with this one from the get-go? Well, I think the Sorry, there it is. Uh, I think the intent, Mr.
Barry's intention when we sat down to talk about this was to to create a a small addition. He's he's willing to give up. And if you look at the plan for the bathroom, the existing bathroom, it has
it has a stall shower, it has a jacuzzi, it has a pair of pair of sinks, and it has um you know, a water closet with a linen closet inside. And he's reducing the size of that. He's he's eliminating fixtures. This is only going to have a a
tub with a shower. So, he's he's giving up inside of the house. in order to create enough space. We couldn't we could have taken this this same configuration and gone out further.
But um in reflecting at what the neighbor had done, we felt that that was an appropriate approach given given what the neighborhood looks like and we have to be reflective of that in our design. Okay. Thank you. You're welcome,
Mr. Vieira. Thank you, Mr. Chairman. Um the so the question I have is the uh there's a second bedroom in the second floor. Is that correct? Yes, there right now there are two bedrooms. There's the master bedroom and there's a second bedroom here. Okay.
And the this entire space here is the bathroom. Okay. So, what what we've done is we've reduced the size of the bathroom to be more of a standard bath. It's got a bathtub shower combination. It's got a sink and a toilet and and a small linen
closet um in in that space. And we've taken the rest of that bathroom and we've used it with this little addition to create a nursery. Okay. Yeah. So, the second bedroom is not being reduced in size. No, it's not being reduced in size
because from a plumbing perspective, we've got we've got all the plumbing pipes here today. So, uh, if you look at the existing plan, the the um I'm sorry, the water closet is in the the corner here and the
sinks are here. So, we have plumbing pipes running into this area now and we don't have to do that much work renovation wise to to make the bathroom work. So, if we if we made
this front bedroom if we made that front bedroom smaller, we take that all of those pipes and we move them a little further away from where they are today. And that just makes that a little bit more costly. Yeah. To to even out the spaces, but I understand what you're asking. Yeah. And then the the other question is
for the new bedroom um do you have to um like HBAC do you have to do any modifications to the um you know heating ventilation? It's it's relatively minor minor. So you you don't need a new condenser outside or anything like that.
Okay. All right. Thank you. Most of the space is already in the house. I mean what we're adding is 38 square feet. You can count ceiling tiles. That's that's always the fun part. All right. Thank you. So when you're when you're playing that game, you can always look up. So every
ceiling tile in a room like this is 2x4. So if you want to know about how big the addition is, you can say, well, it's 4 by nine. It's it's from that track there to there. And it's that wide. That's it.
So as I said, about a little bit bigger than the screen. Mr. Griffith. Um, I find the submission very reasonable. I have no questions. Thank you. Thank you. Um, just a I think a a couple of
questions uh for uh clarity in terms of the the project that you're undertaking. Um, and I think uh taking your I think one of your last comments, Mr. Petri about
uh trying to make sure that this is uh a reasonably affordable project. Um I I did have a question about whether or not you had considered uh a larger expansion, meaning going across the full the full width of of the house as
opposed to just a small section. Would you speak to that in terms of what your rationale uh was was around that? If you guys want to approve something larger, I'm certainly open. I'd like to Well, no. Apologies. Um, I have a reason why I'm going to ask that qu I'm asking that question, but
I'd like to hear your From my perspective, uh, the layout of the house, the stairs going up to that second floor run along the back of the house. So, expanding past that would not it would make a very odd shaped room. I mean, what you would have, especially
because for me, the limiting where I personally wouldn't want to go any further is closer to that back property line of my house. Um, what I would be doing in my mind was encroaching on that. Um, and if I kept the same line we're referring to now, which is that 4
foot, all I'd be creating would be a 4ft quarter next to the stair, which doesn't serve any use. Um, you know, practical use. I'm sure you could put like Christmas decorations there, some such, but um, it would not be a benefit to me.
So, you're you're making in this in this project uh a decision to uh considerably scale back uh the uh bathroom facilities on the second floor uh in order to accommodate a third bedroom. So, you
have a much smaller um bathroom uh to service three bedrooms. Is there is there also a a full bathroom on the first floor or There's a partial bath on the first floor. There is a full bath existing in the basement.
In the basement. And had you had you considered any other um design approaches to the to the bathroom on the second floor or this was the only one that made sense moving forward? I considered um actually quite a few
with layout. Uh it's it is a small bath. I'll be honest with you. I'm not really, you know, most of the square footage of the existing bathroom is in the center. It's just floor tile. It doesn't serve much of a purpose. I don't need a long walk from the sink to the shower. Um, so
it's not really a hardship for me to give that up. Um, as far as layout, this is a standard three-piece bath. Uh, you know, there are only so many ways you can rearrange, but they're tested and they work. So, I have no issue with that.
Well, I think I mean one of the reasons why I asked the question is is because we you know we we try to look at you know these these projects not only through the lens of the person of the family that is currently occupying the property but also through the lens of of
people who might succeed you in that property and whether or not um you know the um uh adjustments that have been made uh would would uh sort of facilitate the needs of others. and
whether or not it might lead us uh to proposals down the road um that would um create um additional variances etc. So that's that's sort of what's behind my questioning in terms of how you sort of looked at this project and how how we
sort of respond to it in turn. Yes sir. That um I would say an answer to that that the existing bath as is has not been renovated in quite some time. Uh, we purchased this house about two years ago. Um, the previous owner, I'll be honest, I don't remember exactly how
long they had it, but it was for a few years. I think somewhere in the neighborhood of 5 to 10. Um, that large jacuzzi tub, which even when it was first installed is not appropriate to bathe the child. It simply does not work. Um, that has not been used by
myself or the previous owner. It is does not function. The existing stand-up shower as it is has completely the waterproofing and tile have failed and it is in desperate need of being replaced. The vanity mill work is deteriorating
and I mean the toilet works. Um so that was also um when conceiving of where to put space for an expanding family understanding that the bathroom would need to be completely renovated anyway.
Um, which goes into explaining that I don't think that would trigger a variance. Um, but like I said, the room we're creating is tiny. It's it's a nursery for a child. Once he's grown a bit, um, and my other child's out of the house, he can switch to that larger room.
This will turn into a small office maybe. But were any family in the future planning on expanding this standardized bathroom that we'll be creating? They'll be expanding into the space of that office exactly back where it used to be.
So again, um I don't see any reason why they would need or it would be practical for them to expand the build the building envelope. Okay. Um then in terms of the um external features of of the project uh the um
siding and roof roofing materials will be consistent with what currently exists. Yes. Okay. We we've maintained the same roof pitch. We've maintained the same overhang and and the finished materials will be
matching the existing. Okay. All right. I don't have any other questions. Uh, does anybody in the uh any members of the public have uh any uh comments or statements that they'd like to make about this project?
Questions. Okay. Hearing none. Uh do you have any final comments that you'd like to make before we bring this to uh vote by the zoning board? Obviously, we'd like to thank the board for their time and their attention. Uh we think this is a good application. We
think we've been reasonable in the approach and we uh hope that the board can recognize that and see grant the approval for these variances that receive this evening. Thank you. We'll then turn first uh to Mr. Church for any additional comments.
Uh I have no additional comments. Uh I'd just like to move to uh state that uh like I said in my opening remarks that it's very difficult with these properties to make extensions.
I think that uh what he's proposing is ideal for their current use. Uh I have no objections to anything in this plan. And I think it's well thought out uh given the the
space and the uh what's available and as long as the drainage and the uh facade and the roofing remain intact or in kindin to the existing building. I would
vote in favor of this app. Miss Harris. Um yes, I'm in favor of this application. Um this is a tiny tiny lot um with very little um very few options in terms of you know
where to add on. So I think um you've done the most with what you have um and the variances um that you're requesting are pretty much um keeping to existing condition. So I I have no issues with this application.
Mr. field. You know, in my house there, the the previous tenant raised four kids. I still don't know how they did it, but they did it. Um, I'm happy you're bringing this bedroom back. It makes sense to I mean, I would imagine where all these kids would be in the sense of having, you know, another bedroom is
important. So, I'm in favor. Good luck. Thank you, Mr. Cruz. I'm in favor of the application. I very much appreciate the uh the modest and reasonable uh design. Mr. Vieira,
I'm also in favor of the application. I think this is a reasonable uh and very thoughtful uh design. So, I'm in favor. Mr. Griffith, I'm in favor of the application. I think it's very well prepared and thoughtfully presented. I thought, why did you make
it bigger and I looked hard? I agree with your conclusions. Thank you. I'm also in favor of of the uh application. Um I think that um it's a reason it's a reasonable application uh
and u uh uh project um given u the um size of the property uh and um the u reality of the neighborhood. Um so it is consistent I think with with uh homes
that are in the area. Um, so I'm also in favor of it and um um don't see a need for uh making any uh special um uh uh uh conditions for this uh for
this. Uh so I would say that uh let me suggest three if I might. Okay. Okay. So I I think should be a condition that the siding and roofing materials of the addition shall match the existing home. Uh I think we should include what we've done in a number of other occasions, the standard conditions that the applicants
bound by all representations made on his behalf at the public hearing. And finally, that the applicant shall be responsible for inspection fees incurred uh under Montlair code section 202-27 as well as escrow fees incurred in connection with review of this matter.
So I would include in any motion of approval those three conditions. All right. Thank you. All right. So, we have the the motion before us with the conditions as stated by our legal counsel. May I ask? Yes, please.
So, the drawings show the sighting and they show. Okay. I wasn't clear to me that the drawing showed it. Is that correct, Mr. Petri? I believe they do, but we don't find the condition. Okay. All right. I'm just No, but I think Mr. Griff makes a good point. I mean, if the drawings unequivocally show that it's not
necessarily that the conditions there, they're not labeled. So that the the elevations aren't labeled the Okay. So let's leave the condition in. Fair enough. Thank you. All right. So um we have the motion before us then with the conditions uh as
stated by our legal counsel. Um who made that motion? Oh, that's right. That's true. You just saw that. I'll make the motion. I'll make the motion. I was actually about to call for the motion, but I wanted to make a couple statements before then, but that's fine. Uh, so we have a motion uh before us and
there's is there a second? Mr. Cfield has has offered a second. Um, all right. I will call the role. Uh, Chair McCull, yes. Mr. Cfield, yes. Mr. Church, yes. Miss Harris,
yes. Mr. Chair, Vice Chair Simon, yes. Mr. Vieira, yes. Mr. Griffith. Yes. All right. Thank you very much. Your project is Thank you so much.
Thank you. [Applause] All right. Our next application uh is application 294331 Grey Street. Uh Kristen Hull and Earl Brown. Um variances are requested uh from
Monontlair code 34745C4A to permit a dwelling width of 33 feet 2 in where a maximum dwelling width of 32 feet 6 in is permitted. uh from Monontlair code 34745C1
to permit a sideyard setback of 2 feet 4 in from the easterly side property line where a minimum of 6 feet is permitted from Monontlair code 34745E to permit a principal building coverage
of 34% of the lot area where a maximum of 25% is permitted from Monontlair code 34746 C to permit a parking space between the dwelling and the street from Monontlair code 34727.1F
to permit a retaining wall and fence in the west side yard that exceeds 4.5 ft yard uh 4 uh five uh foot uh in combined height without providing the required
setback of one foot per foot of fence height and from Montlair code 34745A2 to exceed 2.5 stories in design as it relates to the proposed enclosed rear stairway and potentially the addition to
the west side of the house involving the excavation and lowering of finished grades adjoining the dwelling. Um the applicant also seeks any other variances that may be required. Uh proper notice was given to the public. Yes, it was.
And taxes and fees have all been paid. Yes, they were. All right. You're welcome. And then please, would you, sorry, would you both raise your right hands? Do you swear to tell the truth in the matter pending before the board?
State your names and addresses. Please. Brown Street. Terrence Harist, 324 West 84th Street, New York, New York. And Mr. Haristston, you're a a registered architect in the state of New Jersey. Is that correct? Your license is in good standing. Yes. Okay. Okay. We can proceed.
Then could you please press the push button on your mics? Okay. You still need to push it. Okay. Thank you. So, um, what we're proposing to do here is is not a minor alteration like the
previous application. So, what we're really doing here is reimagining the house. And it's sort of um in consultation with designers that have been working with Earl Brown and Christian Hall for the last maybe 18 months or so and sort of going over their plans for rethinking this house
for their emerging family. Uh it was driven by the fact that when we initially approached the project that they wanted to build a garage, an enclosed garage. So, the house that exists currently doesn't have any enclosed garage. So parking is all on the site. So u also one of the
conditions of the house was the situation with the seller and the ceiling height being less less than 6 ft. So the idea there was to build the garage to lower the height of the seller so we had a full floor there and have uh the entrance from the garage at the same
level as a new seller height which would be a regular standard 8ft ceiling. And above that we would do initial living space. And then on that second floor above the garage edition would be an extension of the bedroom spaces and a master suite on the top floor which is
basically an attic space right now that would be re re sort of reimagined for a master suite. Uh take a look at the plans. So what you see here is um
is there a mouse or just touch touch? Okay, it's touch or mouse like the tracking pad on this. Oh, the tracking pad. Okay. Yes. So, we have the existing lot, which is the 783 ft house with the 242 ft deck on
the rear. And with the extension of the area for the new garage, we'd be adding approximately 500 square ft to that. Uh, and an additional deck on the back that extends the length of the new house, which more or less doubles the size of the current deck. That's why we're
getting that um non-compliance with the site requirement and the variance request for the 39 ft% lot increase. The house as it is now um was probably renovated at least one time. So when
we're rem reimagining this, what we're thinking of doing is opening up that sort of first floor plan and the house as it currently exists has a stairway that sort of divides the living areas in half. So the thought behind that was to to remove that stair bulk and we removed
it and put it to the exterior of the house and that's the shaded area at the bottom which will contain the new stair that allows us to open up the living spaces and then provide a new living dining room area on the first floor above the garage that opens up to the deck in the rear.
Then above that we have the sleeping areas which are the the bedrooms for the family the the children's bedrooms. So there'll be three bedrooms on this level and there currently two children but um one of the children's special needs. So we have a special room for that child
that would only be used for that purpose. So, we're maintaining the four bedrooms that the house has, but we just have a special room for um in this case, it's called the sensory sensory therapy room. And above that, we
have our master suite. So, these are all basically reimagined spaces and large spaces that are that are in this new addition of the house. for the elevations. Um, what we're proposing to do is reclap the house. The
current house is a vinyl siding. So, what we're doing here is putting a new sort of fiber cement siding on hardy board and new windows. The windows would be double glazed and and would have a
thermal coating. So that would wrap around the entire house. House would be reclaid with a new roof and new roofing. And for the final elevation you see here or the rendering you see the addition on the side with the sort of with the
driveway going down to the garage level. Then above that you'd have um your living area. And then above that the the the bedroom areas. And then at that ground level, we just recladded an existing stone that's there. So that would wrap around the entire new perimeter of the house.
And that's pretty much it. All right, Mr. Church, you want I have no question for you. All right, Miss Harris. Um, yes. On the attic level, um, what
you're calling the crawl space. Is there any program that you're planning for that? No, not of now. It's crawl space. Unconditioned crawl space. So the roof line is a little bit unusual. Um is there any reason why you
chose to chose to continue that? Well, the idea was just to continue that line from the existing roof. So that's where that came from. Just to continue the the line of the existing roof. So the area above it would just be crawl space. Okay. Um where are the mechanicals for
the building? Well, so the mechanicals will be redone. There'll be a numac. So there is an existing boiler in the basement, but we'll do a ducted system. So we do have areas where we will put new ducts in the open spaces in the houses mostly around the stair area and then that core in the
center which contains the bathroom. So there'll be new duct work for air conditioning system that can do heating and cooling. Probably a dual heat pump type system is what we've been looking at. Okay. Um and can you talk a little bit about the retaining wall?
So yes, the retaining wall on the side that is there to provide an areaway or secondary access to the garage level. So the idea is that it's more or less flush with grade, but it can it slopes down to the area that we're excavating
so that we contain we sort of keep that same grade level, but it goes down to the new area that we're excavating and it's a secondary entrance to uh the garage. And where's there a man door in the garage?
Yes, there's a door at that level at the level of the retaining wall. There should be a door there. I see it. It's all the way in the back. Yeah, it's all the way in. Yes, it's all the way in the back at the rear of the garage.
So, is this path is this walkway at the level of the garage or is it at the existing elevation? It's at the level of the garage. Okay. And it's a landscaped area.
Um, and the slope to the garage from the renderings appears to be pretty steep. Um, the slope is I believe it's Hang on. I think I have it on other plan, but it's within the code whatever the requirement is for minimum maximum
slope. And what's the plan for drainage here? What we planned to do was under the deck to provide a uh drywall for the additional roof area that we're adding. So it be a six roughly six foot diameter drywall under the deck.
Under the deck in the back. Yeah. So yeah, we all all the new roof area would drain to the dry well with downspouts. And how about the slope driveway? How does that drain? All all all all areas
would drain to the dry well. So, okay. And that's not on your site plan. That's not on these plans, but it's on a full construction set plan that'll be used for permitting. Okay, that's all that I Oh, actually one more question. It appears that you have
balconies on every level. Can you talk about that? Um the balconies at the rear. Yeah, those these were added um off the bedrooms. So, it was just um something to provide ex exterior space off of the bedrooms in the in the rear. I don't believe there and on the sides. I don't
believe there are any in the front. So, yes, it's just another design feature for the rears over above the decks in the rear. Mr. Cfield, um, is is it looks like the backyard is higher than the front yard. Is that
correct? It's fairly flat. Yeah, I think there's a slight grade change. Yeah. Um, there So, um, there's a walkway that we talked about that goes to the door to the garage, right? That doesn't that that that doesn't get you the backyard. Correct.
No, it's just access to the garage there then. Okay. Okay. Thank you, Mr. Simon. Hi. Um so you said for the in front of the garage door, you're going to have drains that going to lead into the well.
Yes. Okay. Um the retaining wall, how tall is it? It's flush with grade, but it it uh increases in height as it goes down to the new garage level or the new seller level. So that height is approximately 8t at the bottom. So it's going to go
from grade down to about 8 ft. So it's going to be 8t tall at the bottom. Yeah. At the bottom of the uh at the landing to the garage entrance. That's so it slopes down. I mean, I think the rendering might give you a
better idea of what how that work. Well, that sort of shows one angle, but yeah. Is that is that permitted? Cuz isn't it above if it's a wall and it it's not above how how far above grade is that retaining wall at the back? It's it's above above the grade of the seller.
Above the grade of the the average grade of the site, it's it's right at grade. It's right at grade. So, the top of the top has a railing on it. Yeah. But will that be at grade orde that'll be at grade?
So the wall won't go above grade. So it's Yeah, it doesn't show so well here, but it's if you look at the rendering, let's see. So when you walk down, it's okay. Also, if anyone's uh BMW lights are on,
they're here. EJ. So, here I think here is the um retaining wall here on the left. Basically mimics this wall that's already here. I'm just going to take a momentary
respit. What? Oh, okay. So yeah, that doesn't show. Goes all the way. You know that Mhm. That's grade level. So the bottom of the house, well actually not quite. That's
like 4 ft above grade. Bottom of the stair stone on the left is grade level. It's where the grass is. So the wall starts at grade 8. Right. Which one? Oh, yeah. About four feet. Yeah.
Four feet. Four and a half. At the bottom. It slopes. Yeah. That's it. Yeah. Okay. So, uh you can see here that on the left there's this the start of the retaining wall. Basically, it's mimicked
on the other side. It starts at grade and it slopes down to the bottom of the new seller level, and that's where the door the second exterior door to the garage is. Okay. Um, going back to the front, sorry.
So, on on existing house, you have for the front, you have some down pipes from the Yes, those will all be replaced, but we'll keep them all. So they will you will still have pipes that location or you just going to reroute that along the top going to the back? Um the existing ones will be in the same
location then the new addition will have them on the same locations respective to that side. So they'll basically be mirror image. I'm going to the mechanicals which are currently in the basement. Are they going to remain in the basement? You
just they're just being updated. They'll remain in the basement, but new ducts. New ducks for the new duct. Yeah. But in the same location. Yes. There will be for the air for the air handler of the condenser will be behind the deck in the rear yard. So that is an
outdoor unit. Currently it's in the basement though. There is no there is one currently. There's nothing in there. No air conditioning currently. Okay. Because replace existing HVAC system. What's there now? There is a new boiler, but it doesn't have air
conditioning. So, it's a different type of unit. Heat only. That's all I have. Thank you, Mr. Cruz. Yes. Uh, good evening. Um, just a couple of questions about the the drainage and
we'll start there. It's looks like from the rendering that it's going to be sloping down into the garage. Uh do you have any drainage mitigation for water? Well, all the drains. So the there's drain pipes under all of this shown on
the contract or the permit set that's that'll be filed. But yeah, it all drains below below that lowest level into the dry well which will be lower than all of those levels. And will the will the drywall be able to function uh that deep uh under
underground if it's going to be like you know like 10 12 feet underground? Well, yes. It'll be under the excavated area in the uh back of the house near the you know the back of the cellar. So it'll be at that level. Starts at that level and we'll go below it.
Um and then uh if you could just uh talk about the uh the sensory therapy room a bit. I'll let you talk about that. So my daughter is um autistic and she has epilepsy. So one of the things that resulted once
we moved in the house which to this day her neurologist none of us know why is that the current stair area she when she's about to have an episode she will go up the two flights of stairs and she'll stay on the landing of the the
second floor and she has her episodes. So what we found is that if we somehow prevent her frankly from accessing the stairs, which is close to impossible, but if we redirect her or
whatever, she's able to just kind of calm down a bit and not necessarily control the epilepsy, but relax herself enough so that whatever the episode is, it's shortlived. One of the things that we've also found is that we have a
dedicated space for her. And so we have her keyboard there. We have pads on the floor. We have everything that allows her to just kind of go and relax. And between relaxing and sleep,
those are the two causal variables that have aided in her minimizing her episodes. And currently with obviously with um medication as well and trying to redirect her to the current sensory room
she has dropped her episodes significantly. I mean maybe she has one a day whereas before she'd have multiple she awaken with an episode. So the sensory room is critical for us in that we get to direct her and allow her to
operate in that space. Also, one of the things that comes with some kids with um autism is that they can really kind of fixate on something. And so, she has fixated on breaking things,
frankly. And so, um the sensory room allows her to go in and there's nothing that she can break and she doesn't mind spending time there. So, a lot of the design elements were developed with the designers were with with these issues in mind. The stair
location, the wider um pathway in the garage and so um all my questions. Thank you, Mr. Vieira. Thank you, Mr. Chairman. Good evening. Um back to the branded question. So I
guess a just a general question strategy-wise the plan is to if you get the approval today you will engage a civil engineer to prepare those uh you know calculations for the drywall and so on or well we we have them and they're on the um the set that we'll be u presenting
for for permit. We do have a contractor on board so he will submit those to the board. Yes. And I believe there's a geotechnical review that it goes through. Yeah. So I'm not sure about that but Um, okay. That's all. Thank you,
Mr. Gro. Yes. Um, there's a lot going on here. Yes. It's not a not a minor. So, uh, I I apologize, but I just want to kind of go through this list and make
sure I'm tracking correctly. Um, and I'll start with just saying that it's a small lot. I understand that and that's that's part of the part of the picture. Um so maximum width you're increasing the width from 32 to 33.2 just 1t2 in
beyond the code is one asked. The second is lot coverage from 25% to 34% which is um that's a significant percentage difference. That does include the deck which in in this jurisdiction that in
includes lot coverage so that's a portion of that and there's an existing deck but we're basically doubling it in size. Yeah. Um small lot but yeah it includes the deck. Uh parking you're adding a third parking
place in front of the house. We're not adding a third but I believe it's a code requirement uh because there are four bedrooms. So I don't think you have three cars. So the two cars would be housed in the in the in the garage, but the third car is a code requirement is I believe it for the four
bedroomedroom house, right? And the code requirement is is that we don't park in front of the house though. Yes. So that's that's why we're asking for the variance because the location of the driveway because the situation now is you're parking in front of the house. Okay.
uh and you're comfortable that that driveway that slopes down and that walkway that is collecting rainwater during torrential downstorms that you can deal with that water. Yes. So that's why we put the drywall and we do a lot of these types of projects in New York City which have
really strong storm water management requirements for obvious reasons especially now. Um so dry wells have become there are other ways to mitigate it but dry well is probably the most efficient way to do it. Large enough capacity dry well won't run off. Um
the materials on the building I I see symbols but I don't see a legend that explains to me what the materials are that are proposed for the roof and the milk wall. We have a full set of uh construction documents which has a full sort of list of all the materials on them which will which will be going when
we file for the permit but you know it's basically Hardy board and a type of asphalt shingle architectural shingle is the roofing and the windows are I'm not sure which vendor we're select Marvin I believe double glazed low
so it looks as if the sighting is vertical sighting and then horizontal sighting so it's it's a mix of vertical it's yeah there is a pattern there. It's a mix of vertical and horizontal. The windows are very large and very modern. Very modern, shall we say? It is a reimagining of the house.
I understand. I'm just so When I look at the size of the windows, my in my mind, I wonder are you complying with the energy code with such so much glass? Well, um yes. Um I guess in New Jersey
it all is um New York is it's a bit different. There is a specific code for it, but we would do a if necessary res check calculation to to go over those, but yeah, there are they are low E and they're double glaze, which is usually the typical condition there.
Yeah. Well, low E and double glaze. Triple glaze, it only gets you so far though certain point. Um, okay. Thank you. Uh, and then my last thing that I had written down is the neighborhood. What is the general
aesthetic in the neighborhood and what do you have to say about this building fitting into the character of the neighborhood? It's a traditional neighborhood and there haven't been a lot of renovations in this on this block like this. So, you they're probably the first of probably many more to come, but you know, when this house was purchased by the current
owners, you know, they were looking for a space where they could start a family and grow a family. The current house doesn't meet meet those needs. The question is about the aesthetic, not about the size. To speak to the aesthetic. So on Steven Street, which is the street over from
us, um there's a house that's roughly similar to what we're planning. Um they've also added two additional new homes that are at variance, for lack of a better term, with the regular with the rest of the homes on the street. Um I've
spoken with my neighbors also about this and and shared shared our plans with it. All of our neighbors, with the exception of the neighbor directly across the street, have lived in their homes for 30 plus years. Um, one one of my neighbors
is works for the town. It just recently retired. Uh, doesn't have any kids. Um, will likely move back to his home home country um at some point, but they're all actually welcoming the uh the
renovations. So, um, and I think primarily just for the fact that they're planning on selling soon. So, um, but what we've what we've tried to do is have a, you know, home that is appealing
for us, but also is forward looking for the street, frankly. Um, and it's, and again, if you walk up and down the street, you'll see that homes are adding different space. They are doing new things with their windows.
Um, and we anticipate it's something that will continue. Thank you. All right. Thank you. Uh, Mr. Church, do you have questions that you want to question? Okay. So, uh, a variety of
topics, uh, like Mr. Griffith that I'd like to to go over with you. Uh, I do want to get clarification, Mr. Harrison, because when you made your when you were making your initial presentation to us, and correct me if if I just simply misheard you, um, but I thought I heard
you make reference to um this um project resulting in um the building coverage uh standing at 39% whereas in terms of
what was proposed before us was was an increase to 34%. %. So, which is is correct? You mean the lot coverage? Yes. Yeah, it's uh here it's 34% proposed. Okay. So, I just wanted to make sure
that was a mistake. Clear about that. Okay. Thank you. So, um again there are a variety of topics. So, there there's no particular order. So, bear with me. So uh let's let I want to
then begin with uh with the topic that Mr. Cruz uh introduced which was around uh the sensory needs of of this project. Uh and Mr. uh Harrison you you made reference to the fact that um uh the uh
sensory needs did have influences in terms of the project. I'd like be I'd like to explore that a little bit more so that we more fully sort of understand uh what those may be in terms of uh the size of the project. U certainly the
expansion of of the property because um while it is uh certainly a a wellestablished neighborhood um it already is a large uh property uh large building on that block. Um, and so we're talking about an expansion of of the of
the building uh and um uh we're talking about uh uh the um the windows uh as Mr. Griffith had had had raised. U so just talk a little bit about some of the some
of the influences that um um are applied uh to to this project that that we really need to make sure that we understand. Well, um, initially, like we mentioned before, it did start with it started with the need to put in the garage, sort of put in this enclosure,
two-car garage, which in and of itself is a pretty large area to house two garages. So, the footprint, the new footprint pretty much came out of that. And also this idea of rethinking the circulation of the house, we kind of realized in surveying the house that at
some point, it's an older home. At some point there was a renovation that divided the house in half and what probably was an original stair tower or the stair which is probably on the side like in an older house. It was moved to the center of the house. So basically you have the stair cut the house cut in
half. You have a room in the front of the h in the stair and a room behind the stair. So when we were rethinking this we thought well maybe if we pulled that stair unit out and made that its own element which it is in the back now. It rises got a separate element in the back. it would open up that space in the
middle and that's kind of where we sort of developed that whole idea of this open plan with the area above the new garage and this open area in the existing part of the house. As far as the sensory ideas, these were worked uh in a lot of detail with the designers. So Earl might be able to better speak to
some of those issues. But in terms of the footprint, it's coming from pulling that stair out and making it a side element and then the area above the new garage, which kind of gives us that new footprint. Yeah. I I want to come back to the
garage for a moment, but Mr. Brown, why don't you speak to some of the sensory influences? So, um you know, part of the planning and you know, again, um it's it's simple. It's um I'm embarrassed because my son's here. So to
the extent that you know I'm showing him some simple analysis, it's you know I'll take it. But I just didn't want those stairs where they were. I Yeah, it it limits um the house in many ways. It kind of like I said divides it in half and you have a front house and a
back house and you have two smaller rooms and you know neither one of them are as functional as you want them to be. But the issue also really with the stairs is so on two separate occasions my daughter
has and she has the scars to prove it has gone to that stair level and initially when we moved in the home she'd have these episodes and um she
would just get there and drop and she just her body would just prop. So, first time we couldn't have been in the house 6 months. She goes to the stairway. I'm running up after her. She gets there and so here's the banister and she she's
looking over it and she just drops and her chin hits and then a gas just comes over. second time. Um, you know, it was a Saturday. We kind of getting ready to go do something and, um, she runs up the
stairs. Me and Kristen, we just lose sight of her. And when we catch sight of her, she's hanging over the banister and she has an episode and she falls on the stairs and she gets a cut above her
eye. So, we rush her to the hospital for that. So, um, so this project really is, you know, when it comes to trying to reimagine this home, a lot of motivation came from Zoe and
just trying to think of ways to prevent her from hurting herself. As she's gotten older, she's done less of it. um she doesn't have the episodes where she just drops. But um but yeah, that's you know the we
stumbled on the fact that the room was somewhere that she would go and just calm down. We just that was part of co too. I mean we had to do our you know her little class in in that room uh on the monitor and everything and um she
just calmed down. So thank you. Thank you. So I was you know wondering about you know for example the size of the windows um as well as the volume volume of windows um is that is is that influenced
at all um by by these conditions or is it's just it's just a design more or less a design element. I I don't want to speak too much for what the designers chose but yeah I mean I think to bring in as much light and air as possible. I mean, I think in terms of
laying out the windows, they followed the location of the original windows. There are additional there a lot more additional windows as well, but particularly in on the front facade, they're also following locations of the original windows. Those windows did were traditional double hung windows with
dormer with um shutters on the side. Okay. Yeah. It's just it's just that, you know, I mean, they're especially on the front, you know, they're they are very substantial and so it's a bold look. Yeah, it is a very it's it's nothing wrong with it, but it
is a bold look. It is a clearly a deviation from from the neighborhood itself. Uh maybe it will influence as you say in time other projects that will take place in in the neighborhood. Uh but it is certainly uh uh something
which is significantly different when with respect to the to the garage. Um, now you the way that you've designed this is that you have essentially cars stacked three in a row. Uh, had you considered a side byside
garage? Uh, we did, but we were already running into issues with uh side lot clearances. So, um, you know, for the sideyard um, setback and to put them side by side, we would be over that.
You would be over that. So that's why you Okay, that would be I that would be preferred honestly, but this was more easy to comply with the code or to minimize the variance request. Right. I mean, you know, you also made reference to the fact that that
currently one of the vehicles uh of the owners is is perhaps ordinarily parked on the street and well, not on the street, but in the in the yard. We parked both cars on the driveway. in the driveway, but there's no garage that's parked in the street. No. Okay. No.
And one of those is is the is is on the driveway and one is on the lawn. Is that No. No. They're just lined up behind one another. One behind the other. Okay. All right. Um and so do you have any concern that having three vehicles in that sort of
line um that you may end up having a situation where um just because you have to keep moving vehicles that one ends up on the street. So we we we won't have three here. The third vehicle is shown for code compliance. Okay. So it's really just
Yes. Um then with respect to the to the to the dry well um I I thought that you made reference to it being under the deck. Under the deck. Yes, it will be under the deck. Yes. Well, the deck. Yes, it'll be under
the deck. Okay. And then the the the the leaders will will they be connected to that dry well is or will they go out to the leaders on the addition to the house
will be connected to the dry well. Okay. So those Yes. And those will be um internal. So they'll be within the wall cavity. Okay. So, on the western side of the house, um
there's a very very narrow um uh uh separation between this house and the and the property to the the east property line the east. Yeah. Yeah. There is that's an existing condition. So, I'm sorry. That's an existing Yes, I know. I understand. So,
so is is is there are there any leaders going on that side of the house side? Yes, they're existing. We'll just replace the existing leaders there. And and they don't drain onto the neighbor's property at all. They drain to the yard. So, we're not changing the draining on the existing
roof, just the new areas. Uh, one of the one of the uh proposals is for there to be a cigar room in the in the basement. It's an existing room. It's an existing room. Yeah. So we're we're it'll be part of
the excavation of that level. So it'll get a it'll get a higher ceiling, but it stays in the same place, same size, no change in footprint. And how how does that vent? Um pretty well actually. Um, so the the
vent goes from um the cigar room and it goes to the east side of the house still under at the basement level. And then the vent from the bathroom that's on that level is also connected to that. So
it it vents out very very well. And the ventilation would have no impact on the neighbor to the east. So far, it's been there for How long? Was it there when you moved in? Well, I had in 2019. So, it's been there since 2019. They
I've never gotten a complaint from him. And if I was going to get a complaint, it would be from that that neighborhood. He He is the mayor of the street, if you would. So, Okay. All right. Okay. So, um,
then would you speak about the the the fencing around the perimeter of the property? What what what are your plans? I mean, you're doing such, uh, massive, uh, reimagining of the property itself. Uh, we hadn't planned any fencing around the permanent.
I would love a fence, but it's not going to happen. Um, there's there's currently fencing there, right? Well, in the back. Yeah. So, we're going to put up a new fence for the back, but on the side, it's just going to hopefully be some some um trees. There will be landscaping. Landscaping. So,
I don't have a say in that part. So, I just going to wait and see what it looks like. And and and so what kind of fencing are you planning on the back? We haven't really discussed it yet, but I just It's an old fence. It's I don't know how long it's been there, but it's
it's breaking down. And so, you know, uh the neighbor behind us has something that's pretty big. I don't think we go that route, but I just want something to, you know, look better than what it looks like currently,
but no plans. We haven't discussed it yet. and and uh on the the rendering of the sort of what the final project might look like, um there is um looks like a pretty substantial um is it a tree or
vegetation that would be to the to the right of the driveway? I think that's supposed to uh indicate existing trees, but it might not be completely accurate. Yeah. So, currently there's my neighbor has a bunch of stuff there. Um, I I
would call it just overgrowth, frankly, but I'd like to put some trees there. So, and he and he he and I have discussed that, you know, but we haven't discussed what type of trees or or what have you. So,
we haven't done a landscape plan. So, that would have been that would be a separate project. But that would be on your property on on So I I would like it to be on my property, but currently it's his all of that stuff that's there now that's
that's on his property. So it's just, you know, I I don't know how to describe it. It's just overgrowth, frankly. Okay. So, one on one picture here, uh I mean we we show we show the car and we show
um some garbage cans and looks like a storage facility. Are those your neighbors or those are yours? That's on your property. Yeah. Yeah. Because of the way the house is sighted on the east side, since it's so close to that east property line, we have a much larger sideyard on the west property line.
So all that area is is is part of the site in the photo. And then uh what what is your what is your plan as far as um because now you're looking at putting this garage uh
in that area. what what's your intent as far as uh where you will store garbage and and how will that be uh moved out to the street? I guess this walkway is probably the way that that would happen, but where would that be uh uh placed on this? Yeah. So, at the bottom of the the
walkway, um I think you know on the side we can keep our our garbage containers there, but I'm also thinking about doing something behind the garage. Um, I haven't really figured it out yet, but
yeah, something that um just kind of contains them because the raccoons were getting to them and everything. So, and the the the What are your what are your thoughts in terms of uh external lighting on the property? There are a couple of fixtures and you
can see some on the rendering if you see um I guess it's on here. the password. We lost our mouse can avoid this sometimes. We'll get it back. So you see down here uh on the on the
garage entrance there are some wall sconce type fixture. So that's the type something that would you know it's modern fixture sort of vertical uh sconce type and I think those are at the garage and possibly in front of the front door. I
think that's the limit of it. Great. Are there other questions uh from the uh board? Yes, I have a few. Um there's no existing plan. So, can you talk a little bit about what's existing that will remain? Are you completely um
modifying all the floors of the house or Yes, basically it's a gut interior. So, we are keeping the ex we are keeping the existing house. The exterior envelope of the existing house is just being recla on on the different levels. Okay. So, like the bedrooms on the
second level, those are all those are they're they're reconfigured. They're reconfigured. The same number of rooms, but reconfiguration. Okay. Um and then the rear yard the uh max width
requirement um is 32 and you're proposing 33 and and 2 in. Yes. Um, is there any reason you couldn't comply with the 32 feet or the 32? Um, um, and in going through the design and
layout, it just worked much better with that extra foot and 2 in, whatever it was. So, it gave us that aisle in the garage for loading and unloading that ADA aisle that we have there. And it also gave us more space in what will be the new kitchen. So, what's so the new the interior
dimension of the addition? The interior dimension. Yeah. Okay. It's What's the width of that bedroom number one? Bedroom number one on the Oh, that one. Okay.
So the exterior dimension is 12'5 in and it's roughly 8 in wall. So it's a little lower 10 10 and a half. Okay.
Um and then bedroom number two, you've got that really wide window. um both in plan and in your elevations. It looks like it's fixed. Bedroom number. Do you have any operable windows for that bedroom?
Uh no, it's not operable. Okay. Um but you'll need an egress window somewhere in here for bedroom number two. Yeah, the front bedroom. Oh, okay. Well, we can look at that.
And I'm assuming in bedroom number one, the one adjacent to the desk is an eress window. I don't I think these are all fixed windows. I would have to confirm them, but I think they are.
Okay. So, that'll be a condition that you comply with the code there. Um, and then I guess Zay, I have a question. um and your about the planning memo in relation to um item F the
variance pro 347-45A. Yes. Can you explain that a little bit? Yes. So um so the rear elevation shows that um exterior stairway with the flat roof. um
because there's no slope in that uh portion of the home, that's considered a three-story structure. And so we in the public notice said that we weren't sure exactly if the front area would also qualify with the excavated garage, but
at least the threetory to the rear um stairway is a three-story structure. So that's just a stair tower portion. So the the circulation got it.
Okay. Um that's all that I have. Yes. Um regarding the retaining wall, you have a a metal railing. What is that design? Guard rail. It's a guardrail. Just a guardrail. Guard rail. Probably steel rail with maybe tensil cables.
Would that be enough? Cuz heard testimony that's a 8ft drop. Uh it would be a standard rail uh 42 in and then the the cables between would have to have a maximum 4 in separation. So standard code compliant rail that you'd have on any roof.
Okay. Or or deck. Okay. Thank you. Anybody else? Just want to get uh just clarification that on on on 34745A2
uh we uh it reads um uh uh that potentially uh let's see let me just read the whole thing. uh to exceed 2.5 stories in design as it relates to the proposed enclosed new uh enclosed
rear stairway and potentially the addition to the west side of the house. Would you clarify what that means? I I can add some light to where that came from. So, in discussing with the zoning officer,
um I think he determined that it could potentially be classified as a three-story structure to the regarding the west edition and the garage, but um he wasn't sure if that makes sense
because of the what would trigger that requirement. Um, well, you're excavating, so it's unclear if it's average grade, right? Yeah, average grade. Yeah, the mean adjoining grade from a ground level wouldn't be determined
based on the elevations and drawings here. So, potentially that area could also be classified as a three-story structure once it gets into the permitting phase and they have all of that information. Okay, Mrs. Sullivan, would that would that
trigger a condition? Well, I I think if the application's approved, we're going to say that's to the extent necessary that varian. So, I think that's how we would handle that. Anything else? Yes, Mr. Griffith,
I apologize. This probably represents my misunderstanding, but I don't understand the difference in the stair. Uh what's changing in the stair from your existing condition to the new condition that
helps you with um with your daughter? Well, the only thing I can tell you is that when we're in any other home with stairs, she doesn't do that. And she only does it there at that spot. And so
I have no science behind it. The neurologists have no science behind it. Um, but we, you know, as far as the new home, we we welcome the idea of moving the stairs to the back so that we could have more
space in the home. But as far as Zoe and her reaction to those stairs, I I don't know. I don't know what the difference is, but I do know that it won't be those stairs if if it's approved. I can't understand. You're telling me the stairs are moving
from the existing condition to the new construction. Is that right? The stairs are being moved from where they are currently to the back of the home. There's no existing plan. There's no existing plan. There's no existing plan.
There's no existing plan. Yeah. Okay. Oh, so you can't see Yeah, the Yeah, they can't see where the stairs are right now. That's the issue. You can't see that. The stairs are actually in the middle of the house. So, yeah, I hear you. I just was looking at the drawing, but I didn't see anything
communicated. I see one set of stairs of toys in the same place. Thank you. All right. Are there members of the public that would like to offer any comments or ask questions about this uh application?
You're welcome. Okay. If you could step up to the microphone, would you raise your right hand? Do you swear to tell the truth in the matter pending before the board? Press the push button. Yes. Okay. Please state your name and address. Um I'm Marcus Tong in U Valley 28 Valo.
Um so I'm a licensed architect as well. Just a few question for you. Um in the application you stated um statement regarding ADUs. I don't see any ad uh that was removed. Okay. Gotcha. Um for the um question
about the slope the the oneclair code states the requirement is 10%. And your driveway is 20 25 ft. That means you have a drop of 2.5 feet, right? But your proposed drop is five feet. That means you have effectively a
20% slope and that's not uh something that you're reflecting. I think we measured it as 8% but I can confirm that. Yeah. Could you tell us how you came up with the 20%. So 25% uh 25 ft 10% of that 2.5 ft. Yeah.
And then for the parking um requirement, you stated you needed um the ADA parking requirement. And um in the drawing, you don't show that uh ADA parking requirement. The the car itself requires 8 ft and then 5T for the ADA IO.
We show on the plan here 5T aisle next to the car on the site plan. That's your interior space only have 11 foot and a half. Yeah. And then for storm water management you are looking for about um 930 square foot of increase of
imperous space impervious space and the the township requires two times of that for water retention and I I don't see how you can fit that under your deck and it is not recommended to fit it under your deck because it will cause structural issues with your building and the deck itself.
Let me just answer it. I I think you know in the event this application was approved I think we would have to impose the condition that the applicant would install a dry well or appropriate storm water management measures as required by the township engineer.
Right. And then for uh railings or fall protections as you're aware that your your slope post slope right now it's it's not well you will require fall protection at the front entry of the the driveway because anyone that can trip
over can drop down 5t. Yeah we're putting a railing around the uh retaining wall. And then for just for your um knowledge parking requirement for four bedrooms in New Jersey is two two parking space. So I I think you can we were getting different information.
Okay. And then for for the design portion for the window um as noted before you have all fixed windows you are failing the air calculations for your bedrooms and in addition to the egress requirements. So we will review the windows. Yes.
I'm sorry I couldn't hear what you're saying. We will look at the fixed windows. So yeah, we did that's all my comments. Thank you. Hi, good evening. I'm Steven Gil. Okay. Are you affiliated with the applicant? I am affiliated with the applicant of
Okay. So, do you want to call this person as a witness? I you know, you're you're the you're the architect. Yes. Okay. Would you raise your right hand? Do you swear to tell the truth in a matter pending before the board? I do. State your name and address, please. Steven Gill, 117 West 15th Street, New
York, New York, one 011. Okay. Mr. Gill, are you a registered architect in the state of New Jersey? I am not. I'm a consult I'm a consultant. I I do code consulting. Okay. I mean, we have an architect here. I'm not sure why Mr. Gill is testifying. Uh I simply wanted to say for the record
uh concerning the windows we've been speaking to the designers um first of all the size of the windows have to do with the light therapy uh that's one of the conditions and the other the fixed windows we have not selected the final windows yet we are working with Marvin and I believe
they're going to be operable windows so that will be changed in the drawings um and I was just I just wanted to respond to the uh gentleman um the railings that we have around the property are the the adequate height uh railings. We have not yet uh finalized
the design of the railings, but we do have the adequate heights determined. And as far as the drywall, we're speaking to engineers and we are aware that the location of the drywall is, you know, uh uh
uh h has to be determined by them and by geotechnical studies. But we are uh the design the initial design and I think where the confusion is the initial design had an ADU on the property. So we had another structure at this point. Now
that's no longer part of the design. And so the location of the drywall is going to um depend on where we finalize uh the deck the deck line and the house line. So I just wanted to say that for the record.
Okay. Thank you. I also just wanted to add uh regarding the bedrooms and parking requirement. Um we counted in the zoning review the sensory therapy room as a bedroom. Okay. So there would be four bedrooms on the second floor and then the primary
bedroom above. So that would um would that have to be counted as a bedroom? That room? Yes, it would. Um per zoning that would classify as a bedroom. So that would be five rooms which requires three parking spaces. What about the slope issue that the
neighbor raised? Is there a slope variance or waiver that's required by this application? Um, I would have to look into it. Um, I can check. We'll confirm that because we're going 5
feet. So, we'll double check that that angle. But the measurements we have were 8% grade. Um I mean how would we deal with that? Cuz you are you are going down five feet but you're showing on your plan that the the
depth of the driveway is 25 ft. So that is a 20% grade. So assuming that that that is the case, how would you address that? Like how would we possibly address that? Um
well the first question the applicant would be is there a way to make it comply? Uh and if not then would you amend your application to seek the requested relief? No, we wouldn't make it comply. We would adjust the design to for compliance. We
would bear out there. Yeah. 10%. It's 10% and after that it requires a review from the engineering department. Okay. So the applicant stipulating that the maximum driveway grade would be 10 not exceed 10%. Yes. They would have to reduce.
You're aware though that to meet that slope, you would have to reduce the reduce the building height or the amount of excavation, the depth of excavation. Yeah. Yes. Well, we'll that will definitely review that, but we will make it compliant. We wouldn't ask librarians
for that requirement. Yeah. So, the slopes aren't in the zoning code. They're they're dealt with uh through Yeah. engineering chapter 294 of the of the ordinance. So, if there's non-compliance, so but
the applicant stipulated they're going to make it comply. So, so I think that's that simplifies it. Y and we'll hold them to that. All right. Any other questions? Okay. Then uh let's uh
hear uh final comments uh from the members of the board. We'll begin Mr. Church. But don't they have closing statements? I'm sorry. Thank you very much. Oh, well, we just want to thank the re uh board for your time and for your patience, especially Zanup for helping us through this process. Uh, so we've
been back and forth quite a bit with this. We definitely appreciate your efforts and as I said, we are really reimagining this property. We want to make something that's actually what we what we see as a a big improvement over what's currently there and also to address a lot of the concerns that Errol
has brought up tonight. Uh, and just to give them the home that they hope for when they actually relocated to this area a few years ago. Would you like to? Yeah, I would add this. um you know when we started our um our
design process um against their interest the designers asked you know why don't you just buy another home um and the reason that we want to do our do
everything on 31 Grey Street is because we moved from upstate New York um where it was very myopically minded to be generous um to a street where it's probably one of the
most diverse streets in all of Montlair. Um and we get the opportunity to raise our children on that street. And so we're raising kids who are not going to be shocked at seeing two women and
children together or two men and children together. um they're not going to be shocked at seeing um a black man and a white woman married. We have it all and that's the reason why we're doing everything that
we're looking to do at least on Grey Street and that's why we wouldn't choose any other street. That's it for me. Thank you. All right. All right, Mr. church just for the vote.
This is your deliberation. Your deliberation prior to the vote. Okay. Um I was uh concerned when I saw the application at first about wanting parking permission in front of the building.
Uh I don't see that as a problem here with the driveway. Now I may be missing something. We don't allow parking spaces in front of structures. They have to be
on a driveway or or someplace else. So that concerned me during the discussions tonight. The change of the facade of the building uh is really out of character for that
neighborhood right now. I know in the future, yeah, it may change, but and you may be a pioneer in in changing it, but uh that was another concern of mine. I had concerns about the use of the uh the
room, the special room. You've satisfied that for me. Um the uh the driveway I have experienced driveways like that not in this town but in other towns
where the sloping is very essential with the heavy rains we've been getting that the water coming down that those driveways has to be handled quickly or it goes right through the garage and uh
I don't know that what you have there now is going to be able to do that. Uh I I would want to see a uh uh a dry well either at the in the in the driveway if
you can or somehow get the water through that area quickly or you're going to have flooding in your garage. That's just my opinion. So uh other than that with the discussions that have been going on the technical discussions
uh I believe that the the application is a good application. It fulfills your needs fulfills your uh uh needs for your daughter and for your family. And I'm always in favor of that.
I think that's great that you you've done that. Uh, however, um, I I I I'm just concerned about the facade. The facade is out of character and, uh, I know that can change. It can
change over time, but, uh, I have no basic problems with the application after hearing my colleagues discuss it. Uh I just feel that uh there should be conditions and as we go on uh before we
make a decision, I think some conditions should be uh put on uh concerning uh the uh driving uh the driveway and some conditions uh for the
uh uh uh foliage around whether that's yours or his or whose uh that has to be addressed. So, uh, other than that, I I just wait for everybody to comment. Um, I think I'm generally, um, in favor
of this application. Um, I do think the the dwelling with um the dwelling with variance like you could meet those requirements. Um, Zane, if you have in the planning report that 32 and 1/2 ft are permitted, is that correct?
Yes. based on the building law. Okay. So, it's even less than what you have on your um on your zoning um chart. So, um I think you would be able to comply with that variance with relative um relative
um relatively negative positive or without relatively negative impacts on your plan. Um the building height variance I I understand why it's needed for the back of the
building. Um I'm not sure that I I believe that it's required for the addition because of the excavation. Um, I just don't know how we condition that in the
resolution so that it's not an issue for the homeowners when they go in for permit. Um, and then just my two cents. I, you know, I love the dark finishes, but I it hurts my heart when I think about your electric bill and the heat load that
you're introducing to your house. Um, and so I would just ask that you reconsider that. But, um, it is out of character for the neighborhood. Um, but I don't think design is static and I think it should change with the times. Um, I just think that maybe the choice
of color might cause you problems down the road. Um, I'm in favor. um uh going through it uh helped me come through the understanding of what you guys are doing. So, I'm in favor. Thank
you. Uh I'm generally in favor. Uh I think there's some open engineering questions which would be part of the conditions of approval. Um but I I grew up in a house with a slanted driveway and I spent many
Saturday mornings mopping up. So, I'd be pay extra attention to either putting um some kind of sump in in front because the flow and even just water from the street that would go down the driveway
um definitely inundated um whatever we had for years. Um, also I don't know what the transition is from the curb going down such a steep slope, but I've had cars which would scrape at the top of the driveway, which also caused
issues. So, I would um definitely be uh pay extra attention to whatever flood recommendations um from the engineer and to just really pay attention to that slope. But I'm generally in favor. I'm also generally in favor. I would agree with some of my my colleagues in
terms of the the facade being not in in character with the neighborhood. Um I do agree that you you know as part of your testimony you said that you would comply with the 10% slope and then when it comes to the storm water I'm not sure what the requirements are for a minor development but Montlair generally has
booten soils and those tend to be very very flaky in terms of whether or not they're good at you know retaining water or not. And so I would strongly recommend if not make it a condition that you do a geotechnical investigation because if the drywall fails then the
overflow is going to be your uh garage/cigar room. So um uh other than that though I think it's it's a good application. Thank you. Um I'm also in favor of the application. And I think when I was reviewing the
application first um there were a few open questions, but I think you did a great job um explaining um um those open questions for me. Um but I think the the drainage is the biggest concern that I have and I will share those concerns. I
will share those um same thoughts with that my colleagues um mentioned. uh I guess you know the the strategy will be engage the geotech uh engineer and civil engineer quickly and kind of develop
that uh that plan but I'm in favor um I agree that the uh I think that you could comply with the width requirement without significant compromise to the design.
Uh there are so many things um obviously all the things that you say you comply with. So the storm water you'll take care of the energy code you'll take care of railings you'll take care of this maximum slope you'll take care of um that'll all be required. Um I worry
about how much it will cost to do those things. Well we already know but not our business. Right. Correct. Understood. Uh, well, they already know it's comforting. Yeah. Um, the materials, I don't know
what the materials are. I don't see any existing plans. I see five bedrooms and five full baths, five and a half baths. It's It's a lot. Um, and I it doesn't comply with the neighborhood character. And quite
honestly, I really split on this issue because I like to promote uh modern design, but we have traditionally in this group insisted on compliance with the neighborhood character and I don't see much
presentation of the neighborhood character and what little I do see it doesn't seem to fit in. So, I feel um at oars. Uh, so um,
do I have to have a position? No, you don't because you're not you don't get to vote. So, good. Perfect. The board gets the benefit of your comments, but you're now required to do so. Excellent. Thank you very much. Yeah. Thank you. So,
I mean, I have to be honest and say that, you know, my my initial impression um was that the existing existing building is is already imposing in the neighborhood. Um
and and what is being proposed uh makes it that much more imposing. Um, and I think part of what you're asking of this zoning board is to join you uh
in your exercise of reimagining. Um, and um, and I I think that's, you know, that's not something that that, you know, this board would stand in opposition to to doing because I mean I
I think that's what we do. I mean, we, you know, as we hear all kinds of proposals coming before us, uh, we're trying to, uh, I think as Mrs. Griffith said, on the one hand, uh, make sure that we honor the historical integrity
of the community. Uh, that's that's that's critically important. And then if if you had had occasion to to listen to all the hearings of this board, you would you would hear that coming through is a constant theme for us. Uh at the
same time, we we understand that we're we're in a time in which um uh uh there are many proposals that are coming uh before us uh not only before us but also through the before the planning uh
committee itself. uh that um challenges some of the um historical tendencies in terms of in terms of design. Um so so we have to weigh to weigh all of that. Uh I
I do think that um uh uh where uh Miss Harris made reference to the color scheme uh and uh what it it it certainly is uh again
impressive, but again uh it also uh uh draws attention to this property as distinct from again the rest of the neighborhood. Um, so it's it's the exercise of reimagining is is is a is a bit challenging. I I just want to
be honest about that. Uh, with that said, um, um, I don't I don't see a reason to not support um the the uh, proposal. I I think there are a variety of of
conditions and I'm going to mention some and I think uh we'll turn to our council for others that that uh I will not have uh captured but I think would be necessary for for this uh project. Uh
we've heard uh from um our board that um uh consideration needs to be given to um making sure that um there is a proper dry well uh on this property. Uh the
location as well as the size of the dry of the dry well. Um and um uh so uh we want to make sure that that uh is in fact uh sufficiently attended to. Uh it's the additional question as
to whether or not uh there should be uh uh uh additional drainage facilities beyond what is what is already being proposed inside the garage. uh recognizing uh the uh water uh the potential uh for water
in in the driveway in in the driveway. Um there there is a second um uh uh condition uh that is related to u the um uh grade of of the driveway. U you've
indicated a willingness to uh make sure that it does not exceed 10%. uh and uh I think that needs to be stated as a condition um of approval. Um uh there is a a third
item uh mentioned uh by a colleague about uh the uh uh and Mr. Cruz, correct me if I don't have the language exactly correct. All right, the geotechnical investigation. Is that the language that you use? Well, I think let me just go back. I mean, I I articulated a potential
condition regarding the storm water manage management measures that may be required by the township engineer. I mean, I think it would be up to them to mandate whatever studies they would require. I mean, if this is a single family home, brand new coming in and
there was no board review, that's the the township engineer would be reviewing storm water to make sure it's adequate. So, and they may require a geotechnical study of some fashion. They may require some other study of soils and whatever,
but I think we leave it to them and not particularly let let them require what they need in order to make an adequate determination. I mean, we do have a boring test. We did get a boring soils test. So, we do have that, but it's only from one location on the site, right? And they may require additional
locations, but that's going to be up to the township engineer. Good. All right. Uh then uh another uh item would relate to making sure that um the uh proposal for windows do meet code
uh and uh that um there is uh sufficient egress uh that is provided for uh on this um on this property. Yeah. Let me just say with respect to that, I mean obviously the applicants got to comply with all applicable building codes, but I you know some there was a board member that suggested
that be a condition and we could certainly put that in the resolution. Yeah. Right. And then uh the uh the I think the last one that I would note then I'll turn to you uh Mr. Sullivan. Uh, and
that is uh uh with respect to uh foliage uh that uh uh uh reference uh uh be given to um uh foliage which is uh meets uh the acceptable standards for the township of
Monontlair. uh because uh your uh renderings suggest uh foliage and we want to make sure that uh if there is additional planting that it in fact does uh meet uh those conditions. So let me let me yeah let me just ask
sad. So what are we saying additional any additional plantings have to meet all Montlair touch and code requirements? Is that adequately? Yeah, I would say that that covers it. um which would be like native plantings and anything that's referenced in the
code. Okay. So, let me just word what I think of the conditions. So, uh somebody wants to entertain a motion. So, the the the uh applicate storm water management measures as required by the tangent engineer.
Um, as stipulated by the applicant, the maximum driveway slope shall not exceed 10%. Uh, the applicant shall comply with all applicable building codes. Uh, additional plantings, all additional plantings shall meet all
applicable uh, code requirements. We'll add our standard conditions. The applicant shall be bound by all representations made on their behalf during the course of the public hearing. And finally, the applicant shall be responsible for all inspection fees incurred under Montlair
code section 202-27 as well as escro fees incurred in connection with review of this matter. Mr. Sullivan, um just one question about the slope um condition. Should we just refer to the ordinance as opposed to putting an exact number on it? Because I
don't know that anyone here has actually confirmed. Do we know what that code section is? Yes. Um I would say or we could simply say maximum slope as permitted by ordinance. Yeah. Okay. We're not going to make 100%,
right? Um and then just one other question. And there is um on the planning report there is I think it's a second variance sideyard setback that's existing condition and it's not being modified by
we are doing um a sort of minor revision there where we're bumping out the side of the house to align with uh the current setback. So if you look at Oh yeah, of course. Okay, I I see it on the zoning plan.
Okay, so I think we're satisfied with that. Thank you. Thanks. That's just to make it align. So now would be the time for a motion. Uh just one other question that is I I did make reference in my remarks about
the refues and uh can we make a can we uh impose a condition to have that restored to the back of the house as as opposed to so you want you want refues and recycling containers to be stored
rear in the rear the in the rear of the property. Not. Yeah. Not in the not in the four condition. Yes. Okay. Okay. Motion.
Did we cover everything? I'd make a motion to to uh accept the application with the conditions discussed and elucitated here
um concerning uh the uh problems that the board has cited as I articulated as you articulated. Okay. Um, I'm not in favor of the uh the width
variance of the building width. We could carve the building width variance out separately if the board's so inclined and maybe we do that first. So maybe somebody makes a motion one way or another on the building width and we'll see where that goes.
So to be clear, that building is difference of 6 feet. No, it's a difference of 8 in. Yeah. So, if if you want them to comply or not or you don't care. So, someone needs to make a motion. Let's separate out the
building with variance. Okay. I make a motion um to not approve the building with variance. All right. Is there a second? Second. Okay. Yes. Vote is to deny the building
with variance. There's a question. Um there's no question the public hearing is closed. Statement I want to make about the building to it public hearing is over. The public hearing. Okay. So motion to deny the building
with variance is a denial. Agreeing with the denial. Correct. Chair McCull. Yes. Mr. Cfield. No. Mr. Church. Yes. Miss Harris. Yes,
Mr. S. Yes, Mr. Ver. No, Mr. Jerry Griffith. Is he eligible? Yeah, I should correct myself. I thought we went through this before, but it got me confused. You are eligible. Mr. Griffith, you are the third alternate.
Mr. Cruz, you are the fourth alternate. So, yes, you are eligible, but we're not going to make it say which way you're going to vote. You're going to vote right now. So, you're eligible to vote. Yes. variance. I I vote yes to to deny it.
Correct. Okay, that's everybody. Yes. So that is um five in favor and two opposed. So we now need a motion on the balance and and on the balance in addition to the conditions I articulated, we should now
add a condition that the building width must comply with the ordinance. All right. Do you want to make that motion? I make that motion. Okay. Is there a second? Second. All right. Roll call.
Chairman. Yes. Mr. C. Yes. Mr. Church. Yes. Miss Harris. Yes. Vice Chair Ste. Yes. Mr. Beer. Yes. Mr. Okay, that's approved.
All right. All right. Thank you. Good luck with yours with your project. We're moving into the next phase. All right. Is there a motion to adjourn? Is there a second? Second. All right. All in favor? Hi.
All right.