Good evening everybody. We're going to call the June 18th, 2025 Township of Ocean Board of Adjustment meeting to order. Can we have a roll call, please? Vice Chairman Fuller,
Mr. Here, Mr. Here, Mr. Damo, Mr. Miss Litman here. Mr. Fuji Ali here. Mr. Linesi and Mr. Kamatica here. Would we please rise for the salute of the flag?
Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. The notice requirements of the open public meeting law for this meeting have
been satisfied. A copy of the notice have been been sent to the Asbury Park Press in the coaster and filed in the office of the township clerk. There is emergency through courtroom doors and two exits at the rear of the room. As always, there's no smoking in the building. No new cases will be started
after 9:00 p.m. and no new testimony taken after 9:30 p.m. In addition, the applicant will be limited to 45 minutes of testimony. Uh, all meetings will be videoed and audio taped and shown on the Township of Oceanceans Community Cable channels, channel 622 on Verizon FiOS
and channel 77 on cable vision. All cell phones must be turned off or if you need to make a call, please make your call outside the meeting room. Uh, first we have some resolutions to be memorialized. We can do them all at the same time. Correct. Yes. Okay. Uh the
first one is Julia Valente 1405 Vina Avenue block 114 lot 11 in the R six zone. Alexander and Yale Port 255 Pine A block 9.02 lot one in the R4 zone.
People that can vote. So Mr. Ashkenazi. Yes. Mr. Janeo. Yes. And Mr. Car. Yes. Okay. And before we get to old business, if anybody is here for the Wendy PCEL
1301 Woodlock Avenue block D126, lot 9 in the R4 zone, that is being carried to the July 17th meeting with no further notice. um meaning that you will not hear back,
you will not get another letter in the mail stating that uh it's being moved to July 17th. So, if anybody's here for that case, they can leave and we'll see you on July 17th. No. Okay, moving on. Old business. Uh we
have Wayne G and Anastasia Marcy, 190 1902 South Wanessa Drive, block 132, lot 7 in the R5 zone. Please come on forward. Am I going too fast? Certainly. So, why don't we just add it
to the agenda for approval? What's that? This was 1504 North One of Massa. This was a It wasn't a public hearing. Uh it was an administrative termination where he had to knock down the first floor because when they took off the second floor, the building
collapsed. Yes. So it was 1504. Uh yeah, it's not on here. North Wanamasa vote on I think you've gotten copies of it. Yes. Yeah. All right. Okay. Mr. Ashazi. Yes. Mr. Janeiro. Yes. Mr. Yes.
So passed. I don't know what to tell you. That's fine. Just I don't know if he's applied for a building permit or they were stopped. So I think you want to get this to them. Yeah. So they can continue. Thank you. Okay. Ready.
Mr. Marcy, welcome back. Uh do we need to swear him in again? No, he remains under roof. He remains under. Okay. Uh why don't you tell us okay what's happened since the last time we met. Yes. Yes. Well uh just to recap in our last uh meeting we were seeking a
variance for our pool equipment location and for a couple zone zoning variations on our drainage. Um, we've since agreed, you know, in the last meeting that we would move the pool equipment and you asked us to come back with a plan on
what the drainage around the pool would look like um so that we could become more in compliance and we brought uh Doug Klein here today, our um engineer to go over the new plan. Great. Um can you we need to swear him
in? Well, before you swear in my qualified Oh, yeah. Sorry. Can you tell us about your qualification certifications? Absolutely. Yeah, my name is Douglas Kland. I'm a licensed professional engineer in the state of New Jersey. I work for Insight Engineering as an associate. I've been there for the last 11 years. Uh working
on a variety of projects from, you know, single family homes all the way up to, uh larger commercial site plans. Um I did also have the pleasure of serving as the planning and zoning board engineer for the city of Asbury Park for a number of years. Uh my license is in good
standing. Um, and that is about it. Well, I think we will Are you a planner? Also, I am not just a just an engineer. Okay. So, you're just testifying as an engineer. That's correct. Yes. We will accept your credentials, sir. Thank you. Uh, we got to swear them in. Do you
affirm to tell the whole truth, not the truth? Yes, I do. Okay. All right. Yes. Proceed. Jump right in. So, um Wayne, uh the applicant reached out to me uh not too long ago. Um brought me up
to speed on the project. Um a a brief history here. Uh as everyone knows, the application was originally approved about a year ago by this board. Um, as part of that original approval, we were proposing a three- foot wide emergency
walkway uh around the pool for safety. Um, which was permitted to encroach into the side and rear setbacks. Um, because of the curved nature of the pool, patio followed that same curve and was exactly 3 ft wide the whole way. Um,
during construction, uh, the contractor made some changes. Uh, we were not consulted. Um it was related to drainage though and the particular size from speaking with the contractor since then the particular size of the trench drain
that was used um it did not support curvature like that around the edge of a patio. Um there are variations of the same drain that do but the particular one that was installed does not. Um so
their solution in in the in the immediate was to run a straight patio um along that edge of the pool uh which left us with a walkway that was wider than 3 ft between the pool and side and rear property lines.
So um pool equipment was also installed in a non-compliant location um on the side of the house, the eastern side. Um, so we're here before you tonight with a new plan uh that provides mitigation for the asbuilt conditions. So, first and
foremost, we are proposing to relocate all the pool equipment to a compliant location. Um, that location is next to the existing accessory structure that meets all setback requirements. Um, and second, we're proposing to
remove portions of the patio between the pool and the side and rear setbacks as indicated on the plans that were submitted. Um, so that particular trench drain when trying to come up with the solution, we uh, you know, tried to work within that existing trench drain model.
Um, unfortunately, it can't make precise curves around a pool. So, we uh, it can do angles in multiples of 45 degrees, though. So um while providing you we wanted to provide a minimum three feet around the south
eastern end of the pool for safety. Um the angles create a patio width of just over 3 feet in a few locations. Um which then qualifies it to not be exempt from the setback. So it it is a vastly
improved um it is vastly improved from what was built. um far more in line with what was originally approved by this board uh with the limiting factor being that drainage system that was installed. So um if this were to be approved, I will
say the the drainage system will function as originally intended. Um neighboring property would continue to be protected from adverse runoff impacts. Uh and we would also agree to comply with uh your board engineers recommendation of uh providing a small
burm uh east of the outflow to further ensure that runoff is directed to the public right away. Okay. Any Well, Mr. Mal, go ahead. Yeah. So, the the only comment in my letter was
was uh or I guess revised letter um was based on the revised plan submitted as well as the township engineers recommendation. Um he wrote a letter uh dated June 4th uh talking about that the BM that was
just mentioned uh to alleviate some some uh storm water overflow that was spilling onto the neighbor's yard. So that that will take care of of that issue. Uh and then it's it's just up to the board to uh grant relief for the setback of the
patio. Um as it was discussed and we talked about this at the last meeting, the pool is is um kind of a kidney shape, a curved shape. Uh so squaring off the patio even if they keep it at three feet wide in
the smallest section uh not following the contour of the pool results in the patio being wider than 3 ft in some sections. And you'll you'll want to see revised plans showing the burm. Yes. Okay.
Okay. Mr. Higgins, just so the board is aware, there's there's two prongs of the test for variance. The first is is there a positive reason for the granting of the variance of planning reason and one is hardship and that hardship has to
deal with the size and shape of the site and clearly there's no hardship here. So you have to go to the C2 criteria where there are benefits for PL from a planning and zoning standpoint that would give positive reasons for the granting of the variance and we would
need some sort of a testimony about that why you know the why what they're doing is a benefit that we either advance one of the purposes of the municipal land use law or be some other uh item that that might make it a better
planning alternative than compliance and the fact that they had a compliant plan to begin with and did certain things that made that plan impractical. I it's I have a problem with the positive reason aspects of this application. The
other aspect is the negative impact and in terms of the variances, they're minimal. Do you note the square footage of the areas that are non-compliant? Yeah, I don't have the exact number. I'd say it's on the order of about 10 square ft. Yeah. Okay. So, I mean, so, so
there's probably in terms of the variance itself, no substantial negative impact. Now, I understand that there's issues with with regard to drainage and impact on the adjacent property and that that could be a factor that the board
could take into account. Okay. Mr. Marcy, any response to Mr. Higgins? I I think you gave it to us last month. Jim wasn't up here, but there was some indication of why they went that way
with the drainage system that they provided, which is over and above that was that which was required. Something to that effect. I mean, you can repeat that if you recall. I I would just say that when we put the initial plan in for the pool, we didn't have a
drainage system. Okay. when we came in place for the variance for the the you know shed that was bigger than what was compliant, Doug realized that hey look we really should put drainage around the pool and so we you know we agreed to put
the drainage around the pool. It it certainly was a substantial cost, not just on the engineering side, but you know, the actual build side um to put to put what they put um you know, in place prior to having the drainage, we had a
nice curved patio that was 3 ft in compliance to what um Doug said, and I even shared pictures last time what it looked like before we had to put the drainage in. But once the contractor went to implement the drainage, you know, he went with with what he went
with and that that's what we're left with. We don't have a curved option at this point. Was the drainage part of the resolution, the first resolution? Do we know? The drainage um was Yeah, the the drain that they
installed was part of the original approval just in a different configuration. Yeah. Okay. How how many I know you said 10 square feet and it looks like it's just this a small section that's 6.87 feet away.
What what's the linear footage of that frontage? That's probably that border is 6.87 ft. Yeah. So is it like five feet? I mean I see it. I just went out of scale. Yeah. the areas we're talking about. Oh, sorry.
Going to grab my scale really quick, too. So, the areas that that still encroach, uh, you can see there's several three-foot dimensions here around this curved radius. Um, we wanted to maintain 3 foot for
safety, but going at that angle, um, you could see there's, you know, maybe half a square foot to one square foot encroachment, um, on either at either angle there. Um, and that small encroachment causes basically the whole
thing to not not be compliant. So, um, yeah, linear footage wise, um, you know, this this portion of the patio is set back to the 10 ft until it gets to the pool and then it it makes two angles
that the trench grain can can do um to go around the pool and that that whole uh run is about uh 55 square ft there. Okay. Any other linear feet? Sorry. What was
10 square feet? It's linear feet. 55 linear feet. 10 square feet. One's an area, one's a a length. Yeah. 10 square feet is not compliant, but he just talked about 55 ft. Linear feet. Okay. Yeah. He asked for the length of the patio. That wasn't good at math.
It's okay. Sorry. You're an engineer guy. Yeah. Sorry. Uh any any questions from the board? Any questions from the public for you? I just wanted to talk about the
experience. So, this is that's a comment. Do you have any questions for Okay. Any other questions from the our experts? Okay. Um, guess we're comments from the public. You come on up. And she was sworn in last time, too. So,
we're Yeah. Yes. You're you remain under an address. Yeah. Name, full name. Susan Mkelly. I'm at 1900 South Wamasa. Good. Miss Madelli. So, since we've been getting a lot of rain, I've been able to observe what's going on. And I'm getting
water intrusion along the whole property line. Um there are pebbles and erosion coming from the stone path and then the whole back corner the I guess it's a block curb is coming apart and all those pebbles are going into my yard as well.
So not only from the front now I'm experiencing along the whole line. And I have some photos if you'd like to see them. You can mark those. And the water is something new. What do we have? There's a lot. It's like a little packet. I've
seen it more than before. Yes, it's new. 10 little packets. That's There's 10 packets. Why don't we label one packet 01 night state and these were all taken by you? Yes. In the last week. Okay. since
the rain of last weekend into this week. Personally took the picture. Yes. Thank you. Okay. So, I'm opposed to the variance. I feel that we need all the ground that we can get to absorb the water. I think because
they probably leveled their yard and it's up higher, I'm getting all the water coming to me. Um, also I want to mention that in the original plan there was no water feature. So I don't know where the water feature came in, but this water feature
is taking up space that could be used for the 3-FFT walkway around the pool. So now you have a water feature and you have to go further into the setback because of that. So, I I don't see why
the neighbors not following the plan should become a burden to me and that's what it's becoming. Can you show if if you're familiar with drawings, can you show us on the drawing where these fence line is where these pictures?
Yeah. So, the one the first picture is here in the back. Okay. Okay. So that's from your property which is on the right hand side of your finger pointing underneath the fence. My my property is over here. Right. Okay. And this is the fence is here. Yep. So it's the back
corner going all the way to where their gate ends, which is up here. So all these pebbles and everything are what you're seeing in the pictures coming from the stone path up to the gate. And then you could see where the gate ends and there's grass. Everything's fine. So
obviously it's being caused by the improvements to their backyard which are detrimental to my yard. So So if I could just comment on the stones and the pebble, those those could be coming through. So the fence is on my
property line. My property the line actually extends beyond the fence. They could be coming through because there's no, you know, like like a like some kind of wood border to hold the the stones in. And you know, if the neighborhood come to me to talk to me about that,
it's something we could have put in to to alleviate that. Whether water coming off of that is occurring. We have the drains, right, to alleviate that. And where the redstone is, that's not even where the pool is. That's further up,
more where the pool equipment itself is. You know, I think that we have to also look at the installation because where that stone path is is supposed to be, you know, landscaped fabric and stone. There's concrete underneath part of it.
You know, I I think a lot of this is in the installation being poor, but again, why should I be burdened with the hardship of this? And, you know, especially the water feature now you're adding more. You know, they had a variance to have the three foot walkway
around the pool and had they followed the plan, nobody would be in a bad position that we're in. Can you Can you explain what I I guess I don't The drawings don't identify a stone pathway between
the edge of the pool and the fence. Can you show us what's it's this? That's all stone there. stone and stepping stone. So, it's crushed red pebbles and stepping stones. So, on on the east side of the house where the pool equipment
and the air conditioning equipment is, we're moving the pool equipment. There's crushed red stone there along with some stepping stones to walk walk across it all the way to the back. All the way to the patio itself. Just to the patio. So, it's only it's a small section is what
you're saying. It's not all the way to the Can I ask you a question? I'm sorry about your name. Excuse me, Susan. Susan or Mrs. What is your last name? Manuel. I don't have my packet from Man Kelly. Mrs. Manuel Kelly. So, you indicated that the problem with the water runoff
is along the entire side, the entire fence line. So, was that occurring, do you know, before your neighbor regraded the property or was that as a result of as a result of I have a hydrangeanger in the back there which
has now sunk down because so much water is going in that back corner see through it. Okay, that's a problem. It It is a big problem. It's very upsetting. I bought this house too to retire in and I don't want to deal with this for the rest of my life. from the
neighbor. I don't do we is there an ordinance or something about that? I I just would like to say that if Excuse me in one moment. I just want I mean that that was the intent of the uh trench drain going around the patio is to capture the runoff and not let it run
off on to the neighbor's property. So the drain's not there yet. The drain is there. The drain is there. The drain is the drain is here. If the drain is there and that's still happening. U I'm you know I'm not an engineer. Sorry. What do you mean? Like I'm I'm
not an engineer. We installed a drain. It runs around the pro. It runs around the patio itself. Right. But for you to your response to be like this is indicative of I don't care. And that's it's not that it's not that I don't care. First of all, I'm not aware of it prior to tonight. My neighbor never
brought this to my attention. Sec. Secondly, what we could potentially do if we had heard about this. No, the reason I didn't tell him is because I told him about the pool equipment being loud before the last meeting and he came up here and told the board that it wasn't loud at all and he thinks it's quiet when I told him already that it I
could hear it in my house. Okay. But you didn't share this with him. The stones you just No, I did not over the past month. And and you know, I know my neighbor had called the town engineer also about, you know, potentially, you know, putting in a burm and Doug is, you
know, put that into the plan. This is the first time we're hearing hearing about this. Yeah. I if I could chime in for a second and this is just an independent observation here. I obviously was not aware of this either, but the looking at the size of this
gravel um you know it my engineer mind it it would take it it would take a whole lot of fastm moving water to make these stones move. So it it's it's telling me that it either happened at the time of
installation or slowly they started migrating as people are walking. Um, water is a pretty powerful force and the rains we've been having are incredibly powerful. I know what it's doing home. So, it is a viable possibility that these are a result of current rain and
being washed out from and you can see the mud where the rains go. Yeah, I do think a a proper border installed along that fence line would fix the issue. Would it fix the water? So, you have to put on fire. It won't. I agree. It would
fix the rocks if he put some kind of barrier, but that doesn't address the water runoff problem. His water runoff can't go onto her property. Do we know how I mean it looks like the property the adjacent property is about a foot and a half gradewise up from one
property to the next according to the grading plan? I mean, what was the existing grade that was there? Do we do we did they raise the grade up? Do you know? Uh or do you do you potentially I apologize because I don't have the plan. I know, right? We don't have the existing plans to show it the old plan
but the I mean if that's the case if if the well the plan was previously approved right I know with the the drain perimeter drain to capture runoff from the patio any any
um just grass on the outside was previously grass but they raise that grade up so now there's a now there's a block curb all the way around the property line and the property is flat. So, was it my question is was it always
flat or was it pitched or was it higher and did they change the grade in construction of the property that is now affecting the drainage? All right. So, if I could offer something, I think I think we can fix the problem. Um, the
stones have obviously migrated and there's no denying that. I think a proper border would contain the stones permanently and then you're left with what do you do with water? The water. We have a drainage pipe right there that we
can easily throw a couple yard inlets in to capture that water and make sure it gets out to the rightway. I think that would that would solve the issue. Yeah, I mean I think that's I think that's a viable solution. That's a fair solution. And and my question is where were the BMS that have to be
your your letter been it talks about the BMS but I don't see obviously we don't revised plans where would the BMS be even if you raise the grade down soil that issue stem from water was coming
out the overflow water soil I just wanted to make sure I was clear where it was going. Thank you. If this is the ground, that's his pool. This is their There's this space. This water is going to go in. You got that one. It's not going to go this way
because it can't go through the yard inlets and some type of barrier to keep the stone on. So, they're going to a barrier. He's But if you put in yard inlets like you said to collect the water, that'll solve it. I mean, it's as best as you're
gonna get. It's probably better than what they had originally if we put in yard line. Also, that money used to be this. Okay. Okay. I just have one comment that I'd like to make. Um, as far as I know, a
variance is supposed to be because of either a hardship or greater good to the community, neither of which these apply. um the hardship was created by them and they're having a negative impact on my property. So, how's that doing the greater good to the community? I still
think you're going to have that same problem if he met the if he if he went back and put it back the way it was. You're you're still going to have the same water problem. I don't want a water problem. So, and I really don't think it's fair to give someone a variance
when they submitted a plan and did something totally different than the plan. I mean, it's not right. I I don't disagree with what you're saying. However, I think he's trying to even improve the situation above and beyond what you had previously by putting in these yard
inlets. Well, I have not seen any improvement. And you know, likewise, they're saying you didn't come to me, but did anybody come to me over the last month and say, "What are you experiencing? Can we help? Can we work this out?" You know, instead I get dirty looks and this is just
unacceptable to me. Do do you uh do are are you aware of how he's since this is already in place attempting to remove a part of this that's there to rectify
the situation? And because you said why allow um the variance and to take away the um you know more more ground to absorb the water. He's putting background to absorb the water. It's a
1% though. If you look at the statistics on the plans, it only changed by 1%. So to me, it's not enough. That whole back corner, even on the rear and the side, it it's not enough. He he also I
mean he could have came here without originally and not put any drainage around his sidewalk whatsoever and had a three-foot setback curved all the way around and not have put any drainage in. And he he could still do that. He could
do that today if he wanted to. Well, I mean that's something I'd have to deal with when the time came. But I'm dealing with the situation at hand right now. But if we say I'm just saying if we say no to this, that's what he's going to be forced to do and it's probably going to be a worse situation than what you have
now because he'll have absolutely no drainage whatsoever. He won't have the the drain around the sidewalk and he won't have these yard inlets. But what's happening is I'm still getting runoff. The drain isn't catching all the water. You will likely get less if you allow this solution to take place.
It it will likely help because the alternative is it will be worse. That's well again then we'd have to deal with that. I I don't see how my neighbor putting in a pool should affect me negatively. You you'll have to manage it
either way. So let us help you hopefully manage it have less of an impact. It's a better option the really but if it goes back to three feet you're going to get all that water run off anyway. It's still compliant with the town. Not much else you can do. He's
making an effort. I can see he's making an effort. He's putting the trench drains in. He'll put the inlets in. Okay. He's making an effort to try to improve the situation. Okay. I think we've Let's Let's be We've We've heard your concerns. The final subject to our engineers. Yeah. It's subject to the
engineers approval. Correct. With the with the yard inlets and the and the burm is still going to go in. That's a different place. Different place. Uh, any other comments from the public?
Okay. Motion to close public comments. I'll motion. I'll second. Okay. All in favor of closing the public. I Anybody want to move for resolution? I'll go positive resolution based off of positive with positive resolution with
the conditions with the the BM's got to be in there. Yep. The yard inlets. I'm sorry. The BM which is in the front of the property near the outflow great engineer. Okay. And he's got to install
yard inlets and uh a barrier to keep stone and debris from leaving the site. All those plans are subject to our board engineers approval before they sign off. Anything else? No, that was all.
[Music] So, I'll second the positive resolution. I mean, there's no Mr. Pelli. Before you vote, you could get the plans in before you vote. That's not going to help though because it's got to be enacted before we know
the results I guess. Yeah. And and Mr. Matlax ultimately, you know, that's why he's here. He's the expert, right? I just, you know, because we're not talking, they're using the pool, so it's not going to slow things down. That's a valid point. Well, I'm just a suggestion.
I'm okay um with leaving up to Mr. Malik. Great. Yeah. Yes. Okay. So, ready? Y. Mr. Ashenazi. Yes. Mr. Daneo. Yes. Miss Litman. I don't think I can vote. I
wasn't here last time. I was just asking. Litany of questions. And I guess Mr. Paramedica. Yes. You were here last time. Yes. Put this over. Thank you, Mr. Marcy. Very much. Okay,
you'll work with uh Ben on submitting Mr. Matlack submitting plans. Okay. Thank you. Thank you. Oh, I got to find my agenda here. Okay, here we go. Okay, our next case, 144 Mammoth Road, LLC,
144 Mammoth Road, block 25.25, 25 lot 33 in the R4 zone. Our attorney is Christopher K. I'm going to butcher this. Cauterus. Hopka is seeking permission to construct a dormant to raise the slope roof on the
second story facing the rear yard. Minimum single yard setback is 10 ft where the existing setback to the dwelling is 6.8 ft. The proposed setback to one side of the dormer is vertical extension of the existing setback and does not reduce it. Minimum both side
yards combined setback is 25 ft where the existing combined setback is 17 ft and the proposed combined setback is also 17 ft. I got to do it again. Mr. Coutsurus Christopher Coutsurus Ksurus Coutsurus
How are you sir? Good. How are you today? Um do I have Do you want to do your letters? I I'll just summarize my report. I don't have any problem with this application. Okay. Going vertically
up with a couple of dormers and a little extension of the roof vertically. So, and it's an undersized lot. This clear so I have no problems not changing. The footprint's not changing. Yeah, the footprints stay the same. Staying the
same. Okay. Mr. aromatic. Uh there are no site improvements, so I don't have any engineering. You're two for two. Also, um
up to you. Yeah. So, uh Mr. Chairman, um good evening. My name is Christopher Conor from the KG Law Group. I'm on behalf of the applicant for LLC. I have Mr. Michael Mra who's an agent of the applicant of the LLC can assist through
this like Yes, please stand up right hand. Um we're here advancing both of the um prongs of the bulk variance uh statute. Number one, this property and we'll lay
this out through some brief testimony, but this lot is exceptional and that's attested to in the letter from the planner. Um if strict adherence to the um municipal ordinance were adhered to
this already somewhat narrow structure would be reduced to 30 ft wide. We'd have folks living in a 30 foot wide um lot which is very deep. I mean if you permit those structure to be placed on it side we'd have very long but we usually don't do that. So this is an
exceptional piece of property. It's exceptionally narrow, but it's very deep. 159 ft deep. But you, as I said, it's a clear hardship and there is no substantial detriment to the granting of the variances. I I don't know how much testimony the applicant's attorney wants
to put on or how much the board wants to hear, but it's it's a it's a very clear-cut case. It's a very clear-cut case. The only thing I would notice all that we came before um the town for was to construct this dormer so that folks didn't have to bend down when they were
living in that space that half that half story upstairs. Um and you know put giving people a safe place to live that is an advancement of the um municipal land use law one of those 15 criteria. My my fans are telling me to stop. So,
since there's no since there's really no objection from any of the experts and the a and I have the audience participation uh buzzer going high. Do you have any questions for me or the applicants agent? If not, I submit to the board. We're we're matching the siding and they're all on
the roof. What are we doing? Yeah. So, there was this was fire damage. It was a fire damaged piece of property. They had to come in and basically renovate everything. So, it's all going to be matched. It's going to look beautiful. Um it it already looks beautiful. Um it's going to be almost identical to the
property that's exactly next door, which by the way has the dorm roller already. So it's going to look like the properties around it. It keeps getting better and better. It's getting better. And it can be yours
for a low low price. Any questions from the board? Any questions from the public? Any comments from the public? Can we move to close the public? Move to close. I second. All in favor? I. Okay.
Would anybody like to offer, please? I offer for positive resolution. I'll second. Guess that's my job tonight. Just second everything. All right. Ready? Mr. Ashkenazi. Yes. Mr. D Janeiro. Yes. Miss Lman. Yes. Mr. Puji
Ali? Yes, Mr. Caratica. Yes. Congratulations. If you need anything, you know where to find me. You almost set a record. Almost. Come on. You can set a record, too. Next
case. Uh 220 Chattam LLC. 220 Chattam block 25.13, lot 8 in the R4 zone. Miss Crimco is back in front of us. Applicant is seeking permission to continue construction of a second story addition. Minimum front yard setback required is
30 ft where the existing 22 ft of the proposed setback to the second floor addition is 22 ft. The minimum single yard setback is 10T where the existing setback to the first floor is 1.7 ft and the proposed to the second floor is 1.7 ft. The minimum both sideyards combined
setback required is 25 whereas existing is 14 1/2 and the proposed combined setback to the second floor addition including the existing first story section of the house that is not being vertically extended is also 14.5 ft. Thank you chair Jennifer Kco on behalf
of the applicant and just by way of very uh brief summary we have a severely undersized lot with an existing one and a half story house on it. While it says we're doing a second story edition, uh I believe that that was how it was written on the plans, but I've confirmed with uh
Jim and under your ordinance based on the roof shape existing and proposed, it's a one and a half. It was a one and a half story house and it's proposed as a one and a half story house. So essentially what happened was they were repairing the roof and in the process
realized there wasn't a whole lot of um ceiling height on the second floor. So they raised the roof not realizing that they had to come for zoning approval in order to do that. So it is under construction and this is very simply a non-conforming structure where we're raising the eve around the house 6 ft so
that the people inside don't have to duck over safety situation. Correct. And I and I will also just and and I I do have a dog and pony show with me. Um, and as my advice I gave to the counselor, you know, I'll only present as needed, but I'll let you know who's
here and and what we plan to present. Uh, in the first instance, I have the, uh, project engineer who prepared the plan. And just a few clarifications, the garage is on the property line. I did find the original subdivision map from might have been the 70s or 80s where an
easement was granted. I will put into the record because I promised I would. uh the adjacent property owner reached out to the board and copied me because he also is a client to uh explain that there is an issue with regard to runoff from the garage and the garage is in a
dilapidated state. He was hoping we would remove it because it was encroaching on his property line. When I advised him that we do have an easement, he informed me that his mother granted that easement because it's a family property. He asked if we could at least put gutter guards on there to keep any water from going in to fix it up. and I
put in writing to Colleen that yes, we would agree to that. So, he's not here because I did commit that we would do that. Um, we're not exacerbating any nonconformities and as the as the uh exacerbating meaning making it worse. We are vertically exacerbating it. Um, but
we're not creating any new setback variances that don't exist today. Uh, as you know, and I bought my first house in that neighborhood, so I know it's a lot of 40 and 50 foot lots where the houses are pushed over to one side in an effort to allow a driveway to come back for
parking. We can't fix it. It's a hardship. The overall height of the structure when done is only 22 1/2 ft where 35 ft is required. So again, I have the site engineer, I have the architect, and I have a professional
planner that would just go through everything that I just basically told you. So I I will I I know Jim had no objection to it. No objection to it. So I'll defer to the board if you'd like more of a presentation or if we can rely on Jim's planning recommendations. I
also have no objection to it. Plus, I had a tough week. you get a free pass too apparently. Oh, let me just read real quick uh HAC related conventions on So what we
what we did was we add they exist and we added them and showed a new one and we will submit revised plan showing that they will conform and they do not uh exas they do not create a coverage situation. So, we would uh agree to submit plans showing that as well as
noting that the garage will be renovated and we'll add the um gutter guards pursuant to your engineer. Okay. We we usually give a indication that if the garage is ever removed or destroyed, it has to be relocated. Of course, because you're not giving us a variance for it.
Yeah. Well, it's existing. We don't have to give you No, no, no. What I'm saying is if you don't give us a variance for it, then then if it's destroyed by 50% or more, we're not entitled to build it back. Yeah. Let Yeah, that's good for me. Right. Agreed.
Okay. Does the board have any gutter guards? Do you mean gutters and leaders? Gutters and something to protect it from overflowing. I think I I was copied on these emails as well. Uh I think the issue is that the gutters are full of
leaves and not functioning properly. So water just spills off of the roof onto yard or whatever's Got it. Got it. That's why I said gutter guards. The gutter guards will help keep the leaves out. So, yes, I mean gutter guards. Does
Does anybody on the board have any reason to speak to any of the expert witnesses that Miss Krimco has with her here tonight? Okay. All dressed up for no reason. Listen, we're ready. And you don't know if there's going to be a neighbor that's
going to have an issue. So, we need to be ready. Any questions from the board? Any questions from the public? No more comments. Any comments from the public?
No. No. That's my client. Motion to close the public hearing. A motion. I'll second. Okay. Anybody want to move for resolution? Please offer pilot resolution. I'll second beat you to it. That's my job. Sorry, I had to do
it, didn't I? So much. Yes. Yes, Mr. Puji. Yes, thank you very much. Say thank you for Yeah, I I fix that. I may I just say
what I was going to say to her? If you denied her, if you denied them, I I could be on the record. If you denied them, you'd have no jurisdiction. And the only way she'd get drainage is if she spent 30 grand to hire an engineer and sue him. That's what I said. Yeah.
So take the extra 10 square feet and get protected by the board. That's what I said. And then they started yelling at each other out there and I said stop. I said this helps nothing. Good. Thank you. Okay. Motion to close the meeting. So I'll second favor. I Thank you very
much. D at the pool party. Favor.