##VIDEO ID:GumA-f5v1d0## all right good evening everyone let me call this regular meeting of the Township vship Board of adjustment to order um CLA can you take a roll call please here here here here here here please rise for the to the flag to the flag United States America to the rep with Justice for All the notice requirements of the open public meeting law for this meeting have been satisfied a copy of the notice having been sent to the Asbury Park Press the coaster and followed with the office of the Township Clerk there is emergency um exits through the courtroom doors and at the two exits at the rear of the room no smoking is allowed in this room no new cases will be started after 900 p.m. and no new testimony after 9:30 p.m. in addition the applicant will be limited to 45 minutes of testim Tony all meetings will be video and audio taped and shown on the township of Ocean's Community cable channel which is channel 22 on Verizon FiOS channel 77 on cable vision please turn your cell phones off if you need to make a phone call please make the call outside of the meeting room uh the resolutions that are listed on the agenda will actually be taken up at the next meeting so uh which is January 27th uh cases carried to Fe February 20th 2025 uh and this these need to be Ren noticed this is I aat Services LLC 1418 Highway 35 oakr and I aat Services LLC 922 Highway 35 in Ocean there will be a special meeting on Monday January 27th at 2 at 7:15 where we'll hear the first French bapt speaking Baptist Church block 38 Lots 71 and 72 which is 2795 to 2797 Asbury Avenue in Ocean in the R2 Zone all right Mr chairman let me just I just want to emphasize that for the record because this was carried to this meeting for for the specific purpose of letting people know that it was not going to be heard tonight that it was on and announced a new date so I just want the record to be clear if anyone's here on first French speaking Baptist Church it is not being heard tonight it will be heard on Monday January 27th 2025 at 7:15 PM you are in this room you're not going to get any further notice this is your notice thank you Mark thanks for highlighting that further yes okay um we need to move the agenda around a little bit we're going to start off with 197 Delaware LLC which is 197 Delaware Avenue block 25.15 lot 65 in Oakhurst I'm really ready to go case so Council uh we we need to go with this case first yeah attorney for the applicant Jennifer crico good evening Mr members of the board Jennifer kmco on behalf of the applicant It's relatively simple and hopefully for Don's purposes quick application here tonight we have an undersized lot that sits up about four or five feet above the um current roadway on Delaware and we are looking to redevelop it with an essentially conforming house but cutting a driveway in there's no driveway that exists there today cutting a driveway in we other than for the lot dimensions and the change of grade to cut the driveway in we need some minor relief on side jar just because of how narrow it is but as you're going to hear the side yard is really just to basement access and to um and to the window wells so again it's it meets all coverages meets Heights meets all that other stuff um I can let the board professionals go if you prefer I can start moving things into evidence but let me Mark the exhibits I have exhibit A1 would be the application itself exhibit A2 will be the boundary and topographic survey exhibit A3 will be the pop plan exhibit a84 will be the architectural plans and then do you want to mark that in the board yeah I have a couple of other things to move in yeah with my is A5 it's just a photo of the property from the street and and as you see say the property's raised on about a 4ot wall and there's some substantial grass area in between the pavement and the actual property where a car is actually parked on it in this photo so they're two photos yeah it's two photos on one sheet A6 is a color rendering of the plot plan on an aerial separately thank you for doing that and then A7 is a plot plan uh exhibit which just shows the the scope of the area that is a change of grade of 2 ft or more and as you can see it's consistent with the driveway the walkway so with that I'd like to introduce Pat Ward and let me just I did have uh further exhibits oh I'm sorry that's okay uh exhibit B1 is in board one would be the board planners report of November 21st 2024 B2 would be the board engineer report dated November 18th 2024 B3 will be the zoning officer denial letter of October 17th 2024 and B4 will be the zoning officer report dated October 29th 2024 that's everything okay thank you I can have Pat sworn in yes qualifying as an engineer and a uh planner okay Mr War D squaring testimony you're going to give this evening will be the truth the whole truth about the truth help we got I do and uh are you you are what just state your name for the record Patrick Ward Ward with Insight engineering and you are a licensed planner and engineer in the state of New Jersey correct yes I am all right thank you that's all we need Mr all right may we begin Mr F yes thank you Pat I'm going to turn it over to you you're the expert here onine the planning let's walk the board through the existing deficiencies and uh the minimal relief we're seeking okay I love when the engineers can't okay thank you okay so our property 197 Delaware it's an 8,000 ft lot it's in the R4 Zone the R4 Zone requires 10,000 ft so we're slightly undersized what we're seeking to do is take down the existing dwelling um and the front retaining wall and put up a new dwelling new accessory improvements new driveway and some rear yard improvements today there's a one and a half story dwelling center of the property is uh as crico stated it's elevated up above the roadway the grade around the house compared to the top of pavement is about 5 ft higher um hence why they have a retaining wall across the front of the property it's Unique today in that there is no driveway so based on our survey um you'll see that there's really there's no place for off street parking um today the well presumably the tenant park right in front of the property on the shoulder in the RightWay This Grass shoulder uh so there's no off street parking today um what we're proposing is what you see here I'm sorry just today two bedroom today which under the ordinance require two parking spaces correct and we have a deficiency of two parking SP is existing today correct okay so what we're proposing is a two and a half story dwelling you'll see this on uh exhibit A5 um access from Delaware Avenue by new driveway um the driveway itself can support up to four vehicles I'll get into that in a second two of which are fully on the property we are proposing a pool and Pat just to point out I had to actually draw in those vehicles to show that while they're not entirely on the property they would be entirely within the driveway and outside of the roadway correct correct that's my so to my point yet two of those are fully on the property inside the RightWay line but you can see there's two more spaces that do fit off the pavement of Delaware Avenue and that's and that's similar to the other houses even the one right next door where the driveways much further out corre yeah so from practical standpoint they could park off Street um so you have four spaces yeah uh in the rear we're proposing an inground pool a rear patio and a Pergola those proposed improvements comply with the ordinance requirements and from a grading standpoint we're generally trying to mimic the existing grades that are out there and maintain them the main difference here is now the driveway so exhibit A7 has the red polygon on it that represents the area that we're changing grade by more than 2 feet you can see that the entirety of the driveway is in that and some of the extra areas around it just to get the retaining walls to shift and even some of the basement access but we're not adding great we're cutting into the bra we're we're cutting in yep we're we're T scooping out that front part to get that driveway cut in this is unusual for what people usually come here usually we go up we're going down on this one yes um from a grading drainage perspective we revised our original plans since the board engineer review to include a drywell system that addresses his one comment it mitigates the increase in total coverage for the 100-year storm um and our plans are updated accordingly generally runoffs directed to the right of way either by collection systems like in the backyard or just Overland by sheet flow so again no impacts to the neighbors from drainage everything heads out to the street the Lots on either side of us are both undersized and developed with homes so there's no opportunity to buy more land is that correct that's correct they're both undersized they're not neither are 10,000 squ F feet you can see the lot to the north is actually smaller than us lot to the South is just about the same size we are proposing New Street trees as required as well as new replacement trees in the rear yard which have a dual purpose of providing some functionality as screening privacy screening so parking just to kind of summarize today there are zero parking spaces off Street there's no driveway for a two-bedroom home two spaces are required um as proposed with the seven-bedroom home we would be required to have four spaces off Street what we do provide is four spaces off of Delaware Avenue technically two of which are on the property fully the other two straddle that property line so today we're deficient by two in the future we're deficient by two so we technically we're deficient by two but realistically we're providing all four yeah so in my opinion while we're practically the same deficiency we're improving it by actually providing space for for vehicles from a practical standpoint in terms of non-conformities and variances we have two existing non-conformities one is the lot area at 8,000 squ ft where 10,000 is required there's no change no um reasonable way to cure that considering the neighbors and then lot width is 80 ft where 90 ft's required and again no change there same same argument so we have two variances proposed and both can be analyzed to see1 hardship variances first the combined sidey setback we're proposing 21.5 ft or 25 ft is required and I just point out that 21.5 is to the window well yes we have the benefit of the zoning officer here the zoning officer doesn't measure side stepback to the principal building to the window while she considers it an accessory structure and therefore didn't call that out as a variance in her letter it has been the board's practice though since it's attached to the house to consider it part of theu structure so we called it out as a variance but the zoning officer did not but again this non-conformity is as measured to the window well which is at grade not at the house where you could actually see it yeah so correct on the North side there's a window well on the south on the South Side there's a uh basement access way both of those are at grade or below grade those are when you add those up to the sidey setbacks that's what gets us below the 25 the house itself is combined side yard of 29t the vertical portion of the house fully complies and the side yard set back the intent of that is to keep the space in between the vertical buildings correct correct yep limit the mass up from the roadway um and the only other variant is the change of grade that we talked about and the change of grade is solely for the requirement of providing off street parking and um in order to do so we do have to change that grade the worst place is right at the right of way where where the beginning of the driveway is that's where the wall is 4 feet we have to cut right into it so that at the base of the driveway it's 4 F feet as you get to the end it gets closer to two feet I think you establish we have the hardship in that we can't change the lot size correct we have the hardship in that we're narrower than what is otherwise permitted so we're limited on on what we can do correct with have the hardship based on the grade the only way to get the driveway in is to get that change of grade two questions is is the driveway a better alternative than not getting that change of grade variance yes yes providing from a planning perspective this is a better zoning alternative absolutely and in your opinion is there any negative detrimental impacts at all that you could see if the board were to Grant this application no from the relief saw it the combined side yard setback is at grade features The Cutting of the driveway in is a is a benefit um has no impact and then the drainage usually is tied to the change of grade we're mitigating any increase in runoff and any uh other technical comments that may be in Ben's letter we can agree that if the board would approve it it could be a condition of approval yeah no issues with uh Ben's letter we can agree to approve uh any questions for Patrick how wide is a driveway 20t 20t how long is a parking spot in uh on on street parking normally typically it's 18 ft in depth or length I'm sorry yeah little length so like are we you're taking a n by 9 by8 is typically what it would be a one street parking space would be 20 because it's parallel so it's going to be longer than the 9 by8 so they're losing one on street parking gaining all the ones well they didn't even have an on street parking space they park off the street on the uh on the gravel and grass I got you yeah so I think this is a better solution than widening the pavement and having parallel parking spaces on the street any questions would you have had the same uh grading issues if the driveway moved to the other side yes that front wall is about over three and a half to four feet tall that's why I included that picture just because it's for whatever reason I popped it all the way up in the air the wall runs the full width of the lot and you're basically proposing the same thing that's going six a 66 M yeah you're basically closing the same thing as part as the driveway concern yep right any other questions Jim you any comments you want to us I don't I I have no problem with the variances the existing ones nothing out and the proposed ones the the combined sidey yard setback is to Minimus you even with a go out there a tape measure you probably couldn't tell a difference they're changing grade it's there right now anyway they're just figuring I'm sorry I should have asked any members of the public have questions of this witness all right now go to your Bennett any comments uh yes um there was a a revised plan submitted uh that shows a dryw to address my comment number one I did did just receive that so I didn't have a chance to review it um but I I just looking at it quickly the the the comment is uh to provide a dry well or some type of storm water mitigation measures so in concept I you know agree with with um the solution and I just have to do a full review so any approval I would just say is subject to to that review okay um the the other thing is uh it it's in my letter it wasn't touched upon uh Delaware Avenue was repaved in 2022 um and in in the township there's an ordinance that any road that's repaved has a fiveyear moratorium for road openings and there are new utilities being proposed uh coming from the mains in the road um so that will require uh approval from the uh the township Council to uh open a road right and I did and I purposely didn't raise it we took note of it but this board doesn't have jurisdiction to grant us that approval so only if we get approval here would we make the application when we're ready to start construction with the council and and I'm fine with that okay um any other Witnesses no any members of the public like to make make any comments right there a motion to close the public hearing second yes yes yes yes yes anyone like to make a motion on resolution motion for positive resolution I second with the full review that uh with the review the draws yes yes yes yes yes yes yes thank you have a good night thank [Applause] you all right next up is ter Sant block 120 lot 6 1410 woodlock Avenue and ocean Mr Sant yes I ask you to uh raise your right hand Mark do you want to s i i can I normally do but I I know the chairman likes to do go ahead I SAR to us what you're about to give will be the truth whole the I do I just say your name for the record Terry thank you anybody the applicant of this matter I'm sorry the applicant yes okay and Mr chairman I do have the following exhibits to Mark into evidence um exhibit A1 will be the application exhibit A2 is the survey exhibit A3 are the architectural plans we then have the following board exhibits and unless someone tells me otherwise going to mark them the final version is that fine yeah all right so uh B1 is going to be the board Engineers final report uh B2 will be the board planner Revis report and B3 will be the B3 will be the zoning officer's denial letter B4 will be the zoning roster final report those are all we have all right Mr Sant who do you have with you uh this is Don passman our architect okay hi M passman do you want me to swear you in do sure do you swear testimony you're going to give this evening will be the truth the whole truth nothing but the truth help be God yes I do I just spell your name for the record Donald passman P is in Peter as M and your licensed architect state of New Jersey yes thank you very much I have to testify before this board yeah sure have you're good go ahead okay um so thanks for meeting with me tonight I'm uh my name is Terry Sun I live at 1410 woodlock Avenue and we are um here because asking for a variance on a couple of things um I purchased this house in 2016 um and we primarily come down on most weekends as like a summer house for us although we're thinking about retiring here eventually um we've done some internal minor Renovations you know painting tiling things like that um and the the front porch is in disrepair it was basically know like 10 years ago or something has plastic railings and things like that so we've engaged with Don to um come up with a plan to put on a new front porch that would be more architecturally appealing to the house that we have um in addition to that we are asking to convert the garage to a a basically like a sunro uh recreational space not a living space but to be converted for you know plants and things like that um I can I can go through some of the architectural pieces of it who will Don will you talk about the what variances are going for and like what you need you you'll cover that okay sure yeah so uh there are three reports uh reading through the reports and I have a zoning chart on the drawing which states what things are pre-existing non-conformities and what we are uh proposing uh what variances were required by the proposal and uh by adding on to this front porch and I'll go to my drawing here we are hello um and this is just exhibit 83 that you have up there right right let me let me add a couple of the exhibits just for fun okay as we're here uh four and five two photographs one of the front of the house and one of the front of the garage or what was the garage is the garage are you want all right so A4 is the front of the house with the port the existing Port shown house with porch and A5 is what it's the front of the garage which is back off the in the back part of the property all right both are as exist today yes so just briefly that the front porch only goes in front of the door as you can see from the photographs and what the my client wants to do is to extend it across the front of the house in doing so it's a front yard variance because the front porch is too close to the property line uh the steps which are part of the front yard setback or in the front yard setback are going to be slightly increased because the Treads are going to be a little bit wider we're putting a roof on this so it's roofed uh so it's a front yard setback for that and that we're just adding on about 11 feet going toward the south on that thing and it's going to be as wide as the existing porch is is today of course you can have a new roof line it'll be more aesthetic than what was there uh and that's just adding uh not only is it adding or to the front yard setback problem but it also adds coverage now that it's a very small lot it's a very small house but it's still above 25% when we do this thing by uh 19 Square fet so that's one of the other variances front yard setback at steps front yard setback at the new porch and um the U coverage of 25.4% uh the next thing is that for the garage we're converting it to this recreational kind of space by just taking out the garage door simply putting in some French doors and glass couple skylights to get some light in there uh presently and it's only a a 12x 20 type of space so it'd be really hard pressed to get any real car in there uh but I think it'll be better used for what they're I me right now there's stuff in there right it's got uh tools and you know things like that now it'll be if it's finished off and looked nice you can use it for you know other spaces but it's not it's not going to be a sleeping space at all it's just a LW space uh the variances of what it is now it's not going to change same roof line we're going to do a little work to get the skylights in and do a little something with the interior structure but it's 11 feet high it's only supposed to be 10 feet high but we're not changing that um so just in light of that these are the the number of variances that we're asking for uh would you agree to a deed restriction with respect to the sun room not being a bedroom I would say yes on your behalf right and that and and I I bring that up because you know that affects how much you park and even though you may not have intentions to convert it to a bedroom someone you sell this house later on May do so got it are you going to are you going to heat that space um like electric heaters or something like that just to keep it from freezing right yeah so how are you going to heat it you're going to ride utilities to it uh yes Natural Gas gas yes okay right yeah I mean you can I mean you can do it electrically but yeah you can run a small gas heater in there and the utilities would come from the existing house not utility Cuts in the road I would think so yes but other than that that's really the name of the game I mean the house is very small in terms of its footprint there's two bedrooms there's um there's uh 857 squ ft on the first floor and 500 39 on the second floor and the garage represents 241 Square ft and you have enough room for two cars on the uh they would need to expand the driveway that's the only recommendation I would have is that to extend the driveway so that it's 38 feet from the sidewalk to the end of the driveway so that you can fit two cars up beyond the sidewalk the emergency services are very concerned this area of the township of the fact that there's too many cars parked on the street that affects emergency vehicles all right so so expand driveway how much so it's it's 38 ft from the sidewalk to the end of the driveway right now it's about 18 ft I would say so it have to double the length of the driveway right so you want it to go 38 ft to the end of the drive to the to the sidewalk sidewalk not from the property line similar to the last application where there wasn't a sidewalk so if the cars got out to the pavement it was fine here there is a sidewalk so you don't want to block the sidewalk can can the dimension be from the sidewalk back that's what I'm saying you are okay 38 ft and presently it is um about almost 20 it's 19 right now yeah so I'm saying double it yeah just basically double it all right so so a condition is going to be that you have to expand the driveway 38 ft to the end of the sidewalk okay all right and and that and you understand why yes I do absolutely Terry that'll take you to about that line there and it only has to be uh 9 ft wide but it'll probably match the width of this that's okay so we're just it's about 10t right now yeah so extended 10 by 16 whatever the width is existing width is extended okay till it's 38t okay and I don't really think we have anything else really to offer but I'll answer any questions I'm sure Terry will too any have any questions any garage now us use for storage yeah basically there's like a kayak in there and some garden stuff so all the stuff you keep in there what do you have somewhere to put it uh yeah we have a whole Bas cool I with this size lot I assume they were to come back go and build a shed there would be tough on hard up finding a spot to put a shed right what's theot coverage building coverage building coverage is going to be 20 25.4% okay so they can't put a shed if they come back we'd have to come back back for VAR you have access to from the house um it's kind of you just step down a step and it's literally here to there it is detached it's only attached by by pavers but you're going to attach it right no no there's no roof attachment to it it's staying the way it is okay Jim do you have anything you'd like to uh other than that they making sure adequate parking really that bet uh no I don't have anything else um it's it's pretty straightforward do any members of the public have any questions for this witness do any members of the public have any comments they'd like to make on this application I'm assuming you didn't have anything else to say we're ready to close with thing on my end what I'm going to do when we get to the construction documents I will show the expanded driveway and that'll suffice for well you have to do uh resolution compliance so we'll do that for the resolution compliance okay got it okay okay would anyone like to make a motion to close the public hearing I'll make a motion to close and have can be by Voice vote you don't need to call the all right I love it all in favor I I opposed okay do we have a motion on a resolution for this case a second and theed restriction second we got to vote don't get ahead of yourself might change might change Minds right now you have a second we got to take a break we'll somebody second the motion I'll second the motion you can go but that would be a problem yes yes yes yes yes yes yes thank you very much congratulations thank you guys next case is idon Kesh 150 Amper Avenue oakst attorney for the applicant David essis on beh of the applicant I don't have any which one this 15 do you have another one mine was on the bottom oh I'm G I'm going to Mark in the following I'm gonna Mark in the following A1 is going to be the application itself A2 is the survey A3 is the full variance anding and soil erosion andic plan that's all I have from the applicant I then have for the for the board B1 will be the board planner report B2 will be the board engineer final report dated December 13 2024 and B3 will be the zoning offic I have uhan hores with us tonight hores is a member of the the owner of the property and he's also the uh also the Builder the member of the building very good yes do you SAR affirm that the T you're about to give will be the TR the whole truth nothing but the truth I do thank you very much and just state your name for the recordan thank you like to start with your reports are they just ad in when there's an attorney involved the applicant presents the application and then I'll start I'll start with uh I mean I have I think what should be a simple and quick application um but I want I want just go back and explain to the members of the board why why are we here how we got here this is a new construction house on uh on AER Avenue um it's a undersized lot um Amper Avenue goes straight through um from AER to Idlewood Idlewood Avenue um so the house goes goes all the way through it's essentially got two front yard uh two front yards there was a there was a plan to construct a new home home uh which was approved did not require any relief it was a house with a pool uh and it was fully compliant uh when construction started uh they were digging for they were digging the foundation and lo and behold they run into a pipe turns out there's a pipe that runs um approximately 10 ft off of the right property line turns out that that that drainage pipe runs directly through the property and you could see that on on the plan went from the front to the back of the property um and there turned out there was an easement that prohibits the the Builder or the owner from building anything 10 ft on either side of it so now the property just shrunk by by 20 ft we thought there was only a 10 foot setback the the the Builder the property owner lost another 10 ft of of the property uh which is exactly where the H the house is going to be built um it took several months to figure out you know with Town what was going to happen what we can do about it um in the meantime um there was some there was some walls of the of the prior house that were left those walls fell down and so now the house became essentially a new construction which would require certain relief consequently in the meantime also so the the applicant redid the house and made it smaller so he wouldn't uh build on top of the uh on top of the easement the easement area so now we got a smaller house uh and now we ran into a situation where the the house was already being built we had approvals um we had approvals for for the new house it was being built and um after getting the uh Mr Higgins report um he recommended that because the because the house had actually come down during construct prior to construction that certain uh Varian is required and based on the application we required for requested a variance for the minimum lot area width and depth um these I think are technical in nature um again Mr uh Higgins noted really couldn't be avoided um but again the house is this the house is actually already at this point built and finished and and completed inside and out uh the out the exterior is not completed yet um in addition to that we're seeking relief for the construction of a pool uh the pool as you see on the plan because we have two front yard setbacks um there is uh we require relief for the minimum to the to the pool surround of 13 6 in and to the pool water itself me of 16 Fe 8 in uh I'd also like to say say that we I I received a call from the neighbor on the opposite side of the street of Idlewood Avenue last night this Mrs Lori com not sure if she's here this evening but I'm we discuss it this commy was concerned um about uh about the pool being emptied when it has to be lowerer um that it would that we would potentially empty the pool uh back towards Idlewood Avenue uh and we would agree as a condition to never allow any drainage from the pool to go to the back of the house on Idlewood Avenue that we would always you know pipe it out to the to the front of the house in in the winter when the pool's being closed that any water you know when you when lower the pool that it would always only drain out to the front we also agreed that we we would fully screen the fence all the way around and not have any gate on the back uh of the property to Idlewood Avenue so that you don't have cars parking along Idlewood Avenue iWood Avenue is a narrow a narrow Street doesn't really have enough room for parking and then C to pass so so you're going to screen the rear the property is that we saying we're going to screen the rear the well which the rear of the property which is all around the uh all around the the pool P which I recommended in my report also yes we fully uh agree with that and that's is going to be subject to the approval of uh Ben and and so we had agreed that there would not be any gate uh exiting out through the back onto iWood Avenue so so as to discourage people from people from parking along the along Idlewood Avenue and accessing the house that way if they were guest and so forth so certainly we were we were going to uh we would agree to those as as conditions of what is is hopefully the approval all right I mean so so you've got three things here um would you agree to a deed a d restriction making that clear those three things yes okay I think I think that's going to be important for any future purchaser of the property to know that they can't put in the game and so on and so on yes thank you so at this point I just like to see if there are any questions from the from the board so regarding the drainage um that's for when um when you bring the pool down to winterize it and then um also include uh any pool pool cover pump right for seasonal right so throughout the winter as well throughout the winter and you know I guess during the summer when know when you're back the pool there's a lot of lot of times when you drain a pool and that's a long way to to drain a pool to the front of the house just so you're right Eyes Wide Open that's where the pool equipment is that's in the rear or front um I have a pool so to try and get that backwash all the way around could be a bit difficult could the pool couldn't be moved a little bit closer to um m without causing any issues terms of variances or anything I don't want to increase your variances but well we did discuss um I I we do acknowledge obviously that it is a long a longer run obviously to go right to the back versus going forward um but there something that certainly we we conceded to in order to you know be uh be neighborly and yeah no I I don't want to I is your place they can move that without having to give them any more variance issues the pool equipment to get a closer to amp or if I could if I could just address that we did mention also that if possible not we would move the pool equipment towards the side of the house but I we're we're not sure at this point if if it's going to run any any other variance issues so C Varian you know if we can I think it would it would help but we weren't sure if we could at this point so we just we would agree to pipe it out um pipe it out towards Amper and if it works that we're able to move the equipment then it's it's a possibility okay I don't think at this point we could uh commit to that because there there too much that goes into it at this point in terms of the uh pool construction and and also if there and plan maybe an agreement to relocate the pool equipment closer to aner subject to the approval put Ben on spot Ben's approval as long as you know they can demonstrate to Ben that it's not possible to put in any other place because they'd be looking at probably a 75 foot hose to get the water out to F here which can be done but it's I've got a my pool in my house is probably about I've got 7 so yeah it's not not but pipe that that's underground that pipe if you is uh it's a drainage easement area it's a it's a it's a drain and there's an easement area over it it runs from the sewer on Amper Avenue all the way out and lets out on Idlewood on both sides of the street on Idlewood it's a Township drain Township dra it lets out there it there are two inlets on there's an inlet on Idlewood and one on Amper and it's a drainage pipe that connects the two I don't know which direction it where does it go looks like it's level yeah actually it flows from yeah it's almost level from Idlewood to and from there it goes One Direction of the other North or South I don't know then uh if I'm reading engineering plans they're tying in storm leaders down spouts into that same drainage system yes is there any reason they can't provide a way to directly drain the pool into that same system it it can um the uh the D does allow uh pool drainage to be directly into um your storm water system so um there are that that kind of goes in the opposite of what the agreement with the neighbor was because the pipes that they have collecting down spouts go towards Idlewood but that is a possibility I mean realistically you could just discharge the um pool drainage into um one of those cleanouts well concern of Miss Conley was that if we were to let out water onto a narrow street that it would fill up the street and because now it would flood our front yard so if you're able to get it into the actual underground system a much shorter run yeah if it's possible I don't know if I'm Jim from an engineering does the town require access to that pipe right so there's no restrictions sorry Mr matl that's um are there any restrictions about putting fences up around the property with the pipe so the the township owns or or has rights to the drainage easement right uh and with that they are allowed to at any time access that area so they can maintain their storm water infrastructure right so that means that any um you know private improvements that that this resident has on top of the the pipe or on top of the easement could be removed by the township without his not his notification um so that that is in my report um um there is the fence that's proposed uh on top of the um easement and also the driveway is is proposed there as well okay so if something were to happen if that pipe were to burst or they needed access they would just take the fence down like the town would just take the fence off and to gain access and they would right correct and they would not have to replace it it would be the responsibility of the homeowner to replace it I just want to make sure that he could understands that right the's not going to live there obviously I'm assuming well I think it's an open question at this point but okay I I understand but he's a builder is is like you can ask the question I mean it's it's irrelevant really because someone else is there's a he's not going to live it for the rest of his life or or or into in perpetuity so someone will eventually else live there so I am going to put in here that the um that you're acknowledging the fense is being built across an e and that um the town reserves the right to passess that easement at any time and and the driveway and the driveway thank you right that's that's understood yeah D can I theas your client when you purchased the property the person you bought it from Just neglected to tell you that there was an easement there for the pipe when I purchased the property nobody knew about the eement I even didn't know anything not the attorney not the survey guy even on the survey nobody knew anything about it I'll tell you it was so we we researched afterwards it was a little strange the way that the that there wasn't easement there and it was a little bit filed with the town like how probably filed with the county it's it's filed it's very strange the way the easement reads it's it was it's very misleading okay most easements and I do a lot of real estate transactions the most easements that's one it's very common that there are that there's drainage within the setback So within the first 10 you know 10 ft of the side yard standard and so bu you know people some who buying a house they can't build there anyway so if there's drainage running through there it's really immaterial and the way the eement read it appeared appears and it took us a lot of work with with all the experts to really figure out wait a second this the is was misleading or it appeared that it was within where within the first 10 ft of the property but it wasn't it was shifted over and then you had this easan area on both sides of the pipe so that the um Township could is the easement recorded with the county yeah there's an easement on on there's an easement on the property yeah all right do you know what the um and if you don't have it um pag I don't have it but could you get it to me I'll put it right into the resolution it's it's a recorded instrument it's there right it's on the Revis plan oh is it on the Revis planbook uh 4260 page 71 4260 thank you page 71 page 71 all right thank you it's just not um when when you first look at it it's not really clear I understand where where it lies no no I I'm I'm putting in there the reason the reason I want there is because I want to reference um within the resolution and we'll put in the deed restriction uh just so that the parties know any future purchaser will be aware of this easement and doesn't have the same problem in the future thank you that's exactly where I'm trying to go with this appreciate it thank you I don't know if we got to this what kind of fence will be in the back on Idlewood I think according to the ordinance it needs to be um a 50% uh 50% solid fence you know in the in the back I'm not allowed to put a solid I have to put a four feet not solid only on the sides I can put solid because it's considered as a front right so according to the ordinance it'll be it's uh max four feet and 50% solid so I'm not sure if it's going to be a B fence orl 4 foot is a pool four foot is the minimum for pool what is 4 foot fence the minimum for a pool or five I think the standard is fouret yeah for a pool fence uh I think it's fourt is the minimum that's that that'll be reviewed by the construction Department part of the pool permit yeah and if the board is going to the applicant is offered and the board is going to require a buffer along Idlewood that's another variance because a a hedge can't be higher than four feet in the front yard so if it's going to be a six foot hedge which I think the the neighbors would probably like to see and I'm sure the applicant whoever lives in this house is going to want to have the SE so that would be another variance would have to be granted you you can grant that if the board sees so fit yeah yeah well that's what I was thinking you was talking about 4ot fence for open open fence right i' rather put a six foot solid fence if I'm allow so fence will be built in accordance with the ordinance unless the board chooses to Grant you a variance here but but the board got tell me what they what the so how far off is this fence going to be off the it's on the property line it's on the property line what's next door next door yeah to to the feel we'll find we'll find out in a minute um find out no what's what yeah what's so what is that line look like on on is as the properties go through are there fences are there hedges on the on Idlewood Avenue yeah right where you're talking about right now building a fence to the to 4 feet what is I'm so sorry is this north or south east west but the neighboring properties what's there facing the property from aner Avenue no from Idlewood Avenue from Idlewood Avenue facing the property so who's looking at the pool pretty much um who's looking at the pool is Miss Conley she's across the street across the street yeah on on Iowa right so from her point of view to the left what's what's there uh there's a new construction it's um I think it's house or a synagogue on it it's a big it's a big you got can't talk yet we'll call you up it's a it's a it's a large construction project I don't so under construction now so there's no that's nothing on the property line right now I don't believe right all right and then the other side uh other side it's another house uh does the other house face Amper Avenue or does it face Idle No it's both face Amper and idle it goes through they both face amp think backyards go through is there a fence there yeah there is a fence there uh I think like three or four feet like a chin get any better that's where they yeah so what I'm trying to think is if you're looking down the street down Idlewood Avenue if we have a six foot fence on the on on your property is that going to look weird or is there already Hedges and all those things there right trying to keep some character it also get privacy so it's a tradeoff but it would be great to know what's there right now look looking at at what's there now just looking at it on Google Earth uh it mostly there are not a lot of fences there there is the the fence that of the neighbor that's a 4 foot chain L fence um which complies with the ordinance because it's more than 50% open uh and a six foot six foot solid fence may be a little imposing right on the prop mhm uh and and there are no other fences you know right along the property on that side of the road um but they like they said they are all rear yards it looks like they're they're backing up to to idle with there yeah I I think one of two solutions would be best one would be to have a a five foot open fence like a a Jared fence is went or a state type fence on the property line with Landscaping solid Landscaping inside of it which would be one thing that would be attractive the other would be to move the fence off the property line and have a solid fence 5T high and have the Landscaping outside the fence along the property line and the only issue there is maintaining that Landscaping outside the fence it's better to have an inside the fence may but I think you have solid fence on the property line it's visible I think is going to be out of character the area and very disturbing to look at thank you what do you think I agree with J okay so the the fence with the Landscaping on the inside yeah so it's going to stay four feet then no five and you don't need a variance for that you do need a Vari you do need a variance yeah because it can and can you write in the kind of fence that an open fence right the you say it was State type fence I think is a good description of it a what type fence a state type St STD yeah I don't know that and you want to give relief for like a six foot hedge behind it give a little bit more hedge behind it however High you feel is appropriate maybe the neighbors can say something about that what they would like to see and the landscape will be on the house side of it yes okay landcaping on the inside inside of the fence yeah inside fence Mr chairman uh one other thing for my report is similar to the one of the previous applications there's a moratorium on Amper Avenue paed in 2022 uh and the relocation of the driveway uh is going to require a new curve cut uh which would impact the recently paid growth so similarly they would have to go to the council for an approval okay and and there's a shed on the property now is that it's going has it been removed it's already gone yes okay good I think that shed was actually right over the easement area does anyone have any more questions any members of the public have any questions yes come on up if you don't mind just come to the microphone we live so we're going to ask you to say your name I'm G to swear you in first right you swearing testimony about to give will be the truth the whole truth Ian but the truth we got yes and just state your name for the record Travis fashion could you spell your last name please f c a and what's your address 147 amp and where are you in uh relation to this property directly across the street you're across the street okay so that drain is in front of you have to use the microphone sir the drain is in front of my front yard okay so that's the other side of that drain Mr faser for so right now we ask questions of what's been talked about so for and then after that after that you can testify and offer new things sure so the question is if you're going to not drain it into Idlewood I don't know if you're familiar with air Avenue we're at the bottom of the hill it's a steep hill too so right where our properties are right at the bottom in the winter time and things I deal with water like there's that drain backs up I'm responsible to clear it he's going to be dumping a pool into Amper Avenue now that concerns me a little bit um so I would like to know how that's going to impact us basically with that okay so I think the idea I can sort of answer that um or help out the applicant on this uh you know typically when you drain a pool you're not doing during during a rainstorm so it's dry conditions so you're discharging water into the storm system when there's no other flow going on so it's really not impacting like the capacity of the storm system is the uh hose going to go across the street directly into the drain well no the the testimony was either that it was going to discharge towards uh Amper Avenue or uh go into uh roof leader collection system that's going to be installed on the property which discharge discharges directly into the inlet so they're going to dig a hole and have the pipe go directly into the drainage pipe yes okay so it's not going to flood my driveway correct okay so we we don't because I have two small children and my wife so we don't have to wor about anything like that then no you should you would your driveway would across the street would not be impa by uh draining theol okay okay i' also point out this is not an everyday occurrence that the pool going be drained out and nor it during the winter time when it would when it would freeze right I didn't even think about the pool being drained honestly until you guys said it right maybe me a little B nervous because I mean when you're sitting in my front yard yeah a Avenue is bigger than Idlewood but on Idlewood uh where their properties are is very narrow everybody's front yard is like their back yard there there there are no fences there's the chain link fence that he's talking about but he just bought that property I know cuz my friend sold it to him so um that's just a very narrow strip so I get it on Idlewood side but I don't want to take all of idlewoods and now it's sticking on aamp Avenue because we're now dealing with we're going to have a massive influx of I don't know drainage or whatever from this massive building that's there I know we're not here to talk about that and I don't I don't want to um I'm just concerned because we're kind of under seat right now and I want to make sure that the neighborhood that I moved into 10 years ago is going to kind of stay that way because it's changed a lot so when you're in my house which used to be one of the larger houses on the street we look like tiny little mouse house now right we're looking up everything everything is up now so uh and I I'm done with questions I guess I'll come back up for comments right because we because I have those yep hold on one second um does anybody else have questions for this applicant all right we can take comments All right so you mentioned as you were building the house that the walls fell no they didn't I watch you I watched the house be built right the house started off they there was this little white house and uh two homeowners had owned it since we lived in the second woman she owned both properties where the big building is and now the small house was and she rented out that small house for a couple years and then she sold the properties you bought it immediately they started tearing down the the walls and what what it was left there for months I mean how many months was this trash bu gaping hole where the basement was so you have three walls you have the back wall the two side wall and then you see the cement right with the basement was and it's just giant hole there no fence around it or anything for a minute all so all these things were happening and then it stopped and we're like what's going on it's now quiet I'm in construction okay I'm CE of a company that does construction I'm not going to sit here and come after somebody for building something it's fine with me however again we have two little girls that was concerning because there was nothing there to to block anything off then so much time went by that now that we are grief be hi a giant sign has been out in front of that house since day one I learned it's your wife on there she's the realer it's massive it's been there since they were and I had to call her to say as the realtor hey you got to tell your client whoever bought this property like they got to mow the lawn this is nuts I mean it's feet high she was I okay a couple days later and the LA about that was great now all the traction is going off of the property okay so we're dealing with that and that's fine then guys come back and they knock the rest of it down so they didn't fall down it wasn't like it fell down it wasn't like you didn't know like you you tore it down it with that Gap and hole there the whole time so that's okay then we had a a problem where the people who were working on his house were stealing electricity from they had run uh extension cables into my I have an outlet outside of my garage out they had their stuff plugged into it I know I'm just going to stop you listen yeah yeah nothing to do with but we're going to get to it you get to it okay so why don't we get to it so it's it's been a nightmare I don't I guess here's my here's my point right I know that there are rules and we got to follow the rules but what I don't think everybody realizes what we're changing the community into right there's all these crazy palaces going on lots that are far too small for them they're not big enough they look crazy and they don't fit to the point right they don't fit where they I don't even know where you're going to put a pool where is the room for the pool I I have a patio in my backyard and a deck I can't fit a pool my thing is bigger than his so where's it going to go so you know it it I wouldn't even be here if I didn't get the letter from the attorney to come I didn't even know right but it's been nonstop and listen I live here we Liv here for a decade my wife went to Mama I'm raising my kids here paying $133,000 a year on property taxes and all I do is skyscrapers everywhere and then they don't live in them they rent them to strangers so now you're in a community that you thought you knew your neighbors you don't who knows they don't respect anything because they don't live here now he's bought the house next door I don't know what the hell is going to happen with that I guess we' be back again right the one with the chain Ling fence because they is no yard okay so those are my current my concerns those are my comments I don't I'm not I know I'm not going to change anything but again when you live here if you're not really paying attention the whole Community is changing okay so we want to talk about sticking a sticking a a a 10 pound pool in a 5 pound yard okay cool we'll tie into the drainage system no big deal we just we'll tie into that screw the easement doesn't matter that the pipe was there right hope it doesn't affect me though I really do everything else has I hope that does but you know there it is I mean at what point do we say like like what where are we living like what what's it going to turn is it going to turn in belmare it's going to be bmar is everybody going to have this much prop I grew up in we going to have this much property between our houses at that point I'm going to have to watch people bathe in their backyard like you do over there I mean nobody wants to see you in your pools it's look ridiculous the lady who lives behind him is right it's crazy like it's crazy that's it I I don't know you know it's like uh it's like under assault but we're all cool with it because we all know each other and it's like because you know it's a little bit of moving stuff around you know you're just cramming things in get like who's going to want to live here and at some point you're going to have nothing but rent this right okay great I I don't know I don't know but it has been it has been a down a downhill Journey since we moved in here I feel like you guys are really not standing much in the way of preserving the actual Community preserving the neighborhood let's rip down all the trees and I'll go fire that's pretty much what's going so those are my questions those are my comments is there anything that I missed oh he already cut the driveway per he did that already so not ask for that you already did it and watch it so when you go over to AER Avenue that's brand new he already did that so you can't get you know permission for that and ask forgiveness can't get permission for it you already did it I've had to have the cops at my house three times because all those trucks they parked in front of my driveway and I don't mean in front across the street I mean in front of so to your point I know it's nothing to do with it but it's a lack of respect right I I understand also also I get it get don't you think that maybe would do things little so so sir so you have to understand this board has very limited jurisdiction we don't have jurisdiction over over the neighbor being nice oh listen so I'm a grown ass man I don't care I'm not suggesting I'm not suggesting I'm not suggesting you're not what what what I'm saying is what I'm saying is is that this board can't take character into consideration know but you but you keep talking about shove an entire pool I mean go drive down the street so your comments about the pool are legitimate your comments about that your comments about his character are not for this for this board so stay so stay so stay if you understand then stay with the but when it's like like we said a really good question about that knew about not cutting the Cur okay all right sir hold on one second does anybody have any questions do you have any questions for the witness can I respond to everything that he says stay away from the character stuff because it it's completely irrelevant to this hearing and I don't want it to to involve into that he makes a very he makes a valid point which the board can grant the variance or not Grant the variance about whether this property is appropriate to have a pool um because obviously you need variance in order to put the pool as you want to put it so that is a legitimate issue I would point out in terms of the size and whether the pool belongs here the this the original plan was to have this pool in the have the pool on the property it did not require a variance at all the only reason why we're here and it fit perfectly the only reason why we're here is because everything needed to be shifted over because of this easement area and you could see the property line along Idlewood run runs uh runs on an angle and so the shorter end the pool got moved over to the shorter end and therefore required relief so and that's your heart you're not entitled to a pool well not entitled to a pool certainly not but that's that's the hardship argument and and just it's it's in response to whether or not the property um should is is big enough or should have a pool and and you know the point is that the pool fits there's plenty of room for the pool except there's an easement except there's this easement which created this which created the situation otherwise the pool would have been shifted over uh over uh you know towards the towards the property line towards you know the right side and it would have and it would have fit without any relief so so I'm not saying I'm not saying that you can't grant that variance but consider small smaller pool much smaller this is a 20 20 by 40 very large pool yeah that's not a like a 15 by 30 or something like that I'm doing a I can do 16 by 32 but only if I'm doing 16 by 32 then I don't have a a space to do a spa in the why do you need a spa why do you need a spa in the pool you know you have you have to deal deal with the reality that there's limited space here so you can't just have your dream pool with a spa and and a bar with with you know whatever I know you're not pro not necessar proposing that but but you you know you have to deal with the limitations of what you have I can consider make say 15 by 30 pretty standard size pool 16 by 32 it's uh usually a concrete so you can make want yeah of course yeah so they could make a they could make a compartment pool couldn't they well the pool requires because it's a a front yard on idle it re a 30 and they can't yeah I trying to where's the 30 where could you possibly got 30 have plan in front of you you can see they have a a line that says 30 rear yard actually front yard and it points from theer line to a dash line which is the set line and that cuts right through the middle of the pool yeah so the in order to be conforming the pool would have to be entirely behind that that Dash and as the zoning officer just pointed out to me they could do that if they wanted to it would be a much smaller pool but but you could build a completely conforming pool that was that was a question I had because you youve made the statement that the you only need the variances because of this line was the pool in the original was the pool in the original design before this easement was discovered yes it wasn't in it was still in the set app they didn't because the I theal the original K can you talk in the microphone everybody can be quiet down for a second please go ahead okay so the original plot plan for let me swear you in did the D swearing testimony you're about to give will be the truth whole about the TRU to help you gu I did thank you go ahead so the original plan was for additions renovations to the existing home the existing home was pre-existing non-conforming it was in the front yard setback um so what he was proposing to do was to take off it was like this enclosed porch and then have a twostory Edition and then a second floor up top everything was conforming but it had a 10t side yard setback because nobody knew about this 20 foot wide ement so with that addition renovation the pool was also over here so when the property line slopes it just tucked in to that front yard set back so when everything had to be shifted over then it was shifted and had to be closer to the 30 foot on the sort of incline or de going rather that was that was my question so if I'm going to make the pool smaller I don't need a variance for that well you still need it you still need Varian the pool will be too small well apparently you could build you could build a completely conforming pool without any variances is what is what we're saying SI the it would be up against the house I don't know what size the pool would would be it may have to be reconfigured on the lot as well not just I sh the house is 8 ft to the left so if I make the pool 32 ft instead of 40 ft then I should be in the 30 ft setback from their front yard so I I basically I don't need Vari I'm just that wouldn't work we're looking at my suggestion is wouldn't work to to the applicant's attorney there is a case an a pellet division case directly on points I'm trying to find I can't find it that deals with a swimming pool right which you referenced in your you referenced in your letter L the L case I L in I don't know what the town is and I would suggest you carry this look at that case and maybe even bring a planner back if you want to push the pool Mark is this two front yards an inherent hardship that's a hardship yes yeah it is but but but but a hardship doesn't mean that just means that they have problems developing the prop that they're inherent problems developing the property doesn't mean that they get to develop the property and do whatever they want because they have a hardship they and the L the line case is going to basically say that the board granted the variant and there and the board had a right to Grant the variance it's not going to say the board had to Grant the variance that's right so so I think that's that's the other important distinction so if we're going to be start talking but I do agree with Jim that if you're going to start talking about reducing the size of the pool which I think is a fair comment that you should car this application let and and and let the opum come back show you exactly where this poll is going to be and what size it's going to be so that everybody's on the same page I don't think you should do that post approval yeah or maybe or maybe he's right and he doesn't he he can figure out a way that he doesn't figure how how to completely do it as a right then um you you could you could adopt the resolution tonight and say the pools got you got to remove all the not the resolution tonight but approve the application subject to a completely conforming pool you could do that but I don't know the applicant's really going to want you to do that yeah I was going to say that you think he could fit a conforming pool on here also the way we're looking at it yes the zoning officer is saying yes it would just have to be a much smaller it's a much smaller pool yeah but but again he doesn't have a right to a pool so people like having them but they're not don't have a right so I don't know if you want to carry this I mean obviously we'll finish hearing the public by yeah you know did I ask Jim and Bennett to give their comments on this the only other the only other comment I have is that the there are a lot of trees that the rear portion of that idle without outside so if you do approve the application regardless of what you approve it should be subject to the current tree ordinance and the way the zoning ordinance is written only subdivisions and site plans are sub to the tree requirements and the zoning ordinance but there is a separate tree removal ordinance the town should has that would apply we have no issue with that we we discussed everything in my letter well they would have to come back in front of this board even if the pool was fully compliant because of the existing non-conformant that's correct right okay but theoretically if they were to tell you they were going to that they were going to put a completely conforming pool then you could have vote on it tonight and but I don't think they're going to ask you that you could vote the rest of the the rest of the application and just say conditioned Upon A a fully performing pool but I don't think that's going to happen aside from the pool set back that's really all that's in front of us is the existing non-conforming lot area dep right Mr I think somebody has an additional comment I see i s um I'm going to swear I'm going to swear you in oh sure you swear you're about to give would be the TR about the true stuff you got and just state your name for the record Maria FAS and I assume you have the same address as the gentleman before you yes okay go ahead before we go before we go further if I could ask for a five minute recess do you want to hear yeah you can yes we have our um our an engineer here which I want to have discussion with him and maybe there's something come up with before we proceed you don't want to hear her first I I justess yeah I'm because I'm going to speak regardless and I'm going to okay um so I'm obviously the mother that Liv Street I have a three-year-old and a six-year-old and I'm not going to get into all the other stuff with yes is in an isore but that's not what I'm here to really talk about my main concern is safety because last summer it was such a safety concern for me the way that there was just an absolute so we don't we don't have control over that you're in the wrong place for that what you need to do you call the township manager right and he will put you in touch with the right Department that will come out and do inspections immediately particularly if it's a safety issue they'll get somebody is your your all right so so so again that has nothing those issues have nothing to do with this board I just want I don't I don't understand I don't know what does and what doesn't like how he was saying how he you know they were trying to make a deal with Mrs Conor is it Mrs con or something with the fence in terms ofing and what would be my biggest concern is if this does go through that there would be a fence before anything was ever built I don't know if that's something that I talk to you guys about or another department I I can also kind of add to that um when and I don't know everything about building code and safety but I know when a contractor is building a pool as soon as he digs the the hole for the pool he has to have a fence around it whether it's a permanent fence or a temporary construction fence so that is you're absolutely right if there was no fence around it then you should call the town you can call the police or the township manager they'll they'll get you in touch with the right people and um you know that's how how that should be and then my other concern and again I don't know I'm sorry it's okay not talking to the right people just let me know goe but another thing that Mrs Connelly was concerned about was the parking situation right so there no one's going to be able to park behind their house on Idlewood correct so so that means that there's going to be even more parking on our street and there it's already totally flooded with parking that's a safety concern because there's people like flying up and down the little Street that's why we brought up the giant school because that is going to increase C all right yeah but we can't so only one so first of all only one person can talk at a time because this is actually just so you guys know this is being transcribed so so wait like no one's even hearing you when you talk it's not it's not going on the uh it's not going on the tape so I mean people shouldn't be parking behind the house anyway it's it's it's not appropriate but I think the issue there was that the comment the issue was that the narrowness of Idlewood and that's why so car that parking on idle with it really causes a problem right and and she wanted to make the she wanted to make sure that people weren't coming to the house and parking behind the house and and yeah I mean it makes sense but they should be parking there anyway but and that's why yeah 5 minute recess yes go ahe all right ready to get started again are we back on the record back on the record we'll note for the record that everyone who is here before is still here nobody's missing so we don't need to do the roll I'd like to call up Scott Lynn who's a design engineer do you swear any testimony about to give tonight will be the truth whole something about truth J yes and just state your name for the record Scott Lin L YNN and you are licensed engineer state of New Jersey state of New Jersey BS enging 35 years experience we don't need that and I had appeared before thank you so uh taking the five minutes out in the just taking the five minutes out in the hallway to discuss I was here listening to this conversation all evening and uh heard you guys very loud and clear uh we can based on Katie's recommendation uh fit a pool within the the 30 foot setback front yard setback so as Ben was explaining earlier if you see this dash line here this is the 30 foot uh front yard SL rear yard depending on how you look at this house we can fit an 18 by 24 25 foot pool right within this area thus eliminating the uh the variance for the pool still have all the other variances not the pool variant uh did have a conversation with Iden he has agreed to reduce the size of the pool eliminate this pool and again put an 18 by 24 25 I have to have to calculate it but is my rough calculation we can certainly do that so the pool is going to be completely conforming does not need any variant they don't need to be correct okay equip and the PO equipment and the pool equipment so we can yes because of the where the location of the pool is going to be uh we can physically put the equipment uh right in this area which would also meet the 30 foot setback all right so so the pool a condition if the board approves the applications of the pool and the equipment are going to completely conform correct and the plans would have to be revised to show that correct okay and the draining condition would still yeah the draining would still apply correct yeah the drainage would not change yeah everything like that right in the back yeah yeah that changes nothing with having to do with the fence and the buffering and so on and so forth It's merely eliminating this pool and proposing a new pool that is uh in in conformance with the uh bulk requirements of the ordinance okay thank you gotta does anybody from the public have any questions or anybody here have any questions from Mr ly any questions here well I think he's anyone from the public have any questions from Mr Lyn get any side door set back on things I was looking forward to that okay okay thank you that being the case then we're left only with the uh with the requested relief for the house and we would there for when you say requested relief of the house you mean the existing non-conforming lot area lot with that's it and and minimum death minimum and and you're giving them the one foot variance for the fence and and yeah yeah if you want to give that's right got the Pion all right yep so essentially any house that was going to be built here would have to get these variances is that right yeah yeah and there's no way to enlarge the lot okay a reasonable way uh are there any VAR no variances on height no okay any other members of the public have anything any comments you like to make no I think we can close the public hearing right by Mr second all in favor I I yeah I think I think they can they're remove moving to I don't have a problem with I'm voting on it tonight if uh if the pool is going to conform anybody have any further questions for our experts anyone want to make a motion I'll make a motion for posi yes yes yes yes yes yes yes all right congratulations thank you but it's subject to all the the deed restrictions and everything we discussed correct yes okay thanks have good night all right the last case right the last case this evening is Perry Nan um Block 140. 17 lot 11 713 Asbury Avenue and ocean Mr naon I'm going to I will Mark in the following exhibits uh exhibit A1 is the application itself exhibit a two is the final ad build survey then we have the board exhibit the board exhibits are B1 will be the board planners report B2 is board Engineers report B4 is going to be the U I'm sorry B3 is going to be the zoning officer denial letter B4 is going to be the zoning officer report and B5 will be the resolution of this board dated March 21st 2024 I'll swear I'll swear do you swear any testimony you're about to give will be the truth the whole truth nothing but the truth s you got yes sir just state your name for the records uh K Nan and you are the applicant of this matter correct yes thank you and you own the property yes sir thank you Mr Nan welcome yes you want to sit down oh cool you can stand if you'd like so please tell us why you're here uh for U my air conditioners my two condensers are mounted on the right side of the facing of the building and they they're supposed to be on the left side of the building according to the plan but couldn't be because the line set is too long and we have a slab where the garage is so the line set couldn't go that way so these air conditioners are on the rightand side of the fence covered by the fence you can't see it or anything and it's not a noisy thing or anything and then also my walkway from the uh the house to the sidewalk is 8 in to one we're the last house on the Block doesn't even matter God sake you guys so by so by switching the air conditioning units from one side to the other yes sir you ended up too close to the property line it's no it's technically in the front yard front yard that's be 30 ft it's 26.1 feet from Asbury Avenue it's screened by the fence you can't nobody's going to hear the noise or even see it yeah you don't see it you only hear it it's the best location on the site for them I think so I don't have a problem with that the width of the sidewalk I think Kate correct me three foot wide is permitted four four foot and it's 4 feet n in and over books are pretty heavily traveled even though it's not a a collector Street or anything it's pretty heavily traveled so having a little bit wider sidewalk I think the problem that's the last house there last house on the Block anybody have any questions do you have anything else you want to talk about you I don't have any engineering issues okay any members of the public have any questions any members of the public have any comments me I guess it's just me it's just you maybe he has a comment do you have any more com I'm afraid now I'm afraid to put a swimming pool in afraid man I'm really afraid or not I said damn if I put a swimming pool now holy Christ I'll be stoned at the wall spread the word um anybody like to close the uh public all in favor any opposed okay yes yes yes yes yes yes yes thank you for your patience sir what happens now it was approved you're done you're good yeah cool CLA thanks for helping us out res L man I did I start reading all just just so the board go too Kate failed us tonight promis to get us out of here by 8:30 it's 8:41 that yeah oh God I think take off you to good night right so we still need a motion to adjourn I'll make a motion second all in favor any opposed good night everyone upstairs