my phone says it is it is now the reorganization meeting of the township of prean Troy Hills planning board for Monday January 10th 2024 is at 7:30 p.m. announcement is made that adequate notice of this meeting has been given that is being conducted in accordance with njsa 10 col 4-6 at SEC of the New Jersey open public meetings act we have some correspondents tonight a letter from mayor barbaria dated January 4th 2024 reappointing Jennifer Smith as a Class 2 member of the planning board for a oneyear term ended December 31 2024 another letter from mayor Barbaro dated today or dat dated January 4th appointing Michael dipierro as a class four member of the planning board for a period of uh 4-year period ending December 31 2027 a letter from mayor barbaria dated TW January 4 2024 appointing sha as a class 4 member of the planning board for a term of foure ending four years ending December 31 2027 a letter from mayor barbaria dated January 4th 2024 appointing Ted stanel as an alternate member number one of the planning board for a term ending December 31 2025 a letter from mayor Barbaro dated to January 4th 2024 pointing Dominic mey as an alternate number two of the planning board for a term ending December 31 2024 and Matthew McGrath Town Council Le ason to planning board has been appointed by the council to our one-year term ending December 31 2024 we have to swear in the board members that we have that are we have three of these four members here now and we need to swear them in so I turn to our attorney we can swear them all in together Mr mcgr Mr Smith and Mr D please your right hand and repeat after me I state your name I do solemnly swear do swear that I'll support the Constitution of the United States that I support the Constitution of the United States and the constitution of the state of New Jersey and the constition of the state of New Jersey I will bear true faith and Allegiance I will bear true faith and allegiance to the same the same and to the governments established in the United States and to the governments established in the United States and in the state and in the state under the authority of the people under the authority of the people so help me God so help me God I do further solemnly swear I do further Solly swear that I will impartially I will impartially and justly perform all of the duties du a planning board member the township of paron Troy Hills Hill according to the best of my ability best of my ability so help me go congratulations congratulations sign thank you and now I believe I'm supposed to turn it over to our clerk to chair the meeting no you're supposed to turn that part over to the clerk okay that's all right she was off the hook she wased to be off the hook all right so the floor is now open uh open for nominations of chairperson um I I'd like to make a motion to for Tom denmore to be chairman second like to second that the [Music] Pano um I apologize oh they right any other nominations yes I'm coming to that are there any other nominations okay uh I'd like to make a motion to close nominations so move any second second so uh we'd like to make him uh looking for a motion for Mr denmore to serve as chairman I already you got you got the you got that was during the nominations right roll call Barbaro yes dich yes Dio yes McGrath yes meth yes Nano yes Smith yes Dore yes thank you all once again I'm I am enjoying this job and I'm enjoying the wonderful hard work that this board does in in trying to make sure that uh the town gets the best representation it can from this board so thank you all so I will now take over and I'm asking for nominations for the vice chairman Mr chairman like to nominate Gordon meth Vice chairman second I have a second all right are there any other nominations hearing and seeing none move the uh is there a motion to close the nominations so move second all right nor would you call the rooll for the closing of the nominations Barbaro yeso yes mcass yes meth abin sorry napalitano yes Smith yes sore yes congratulations Gordon oh thank you it's an honor I'm glad to uh take on this role I'm sure it will be awesome um all right so now we need a confirmation of planning board secretary Nora Jolie do I have somebody move willing to I'll move that do I have a second second Smith all right nor would you call the role please barberio yes yeso yes mcrath yes Matt yes Nano yes Smith yes dinmore yes all right now we have to set up the minor site plan subcommittee uh historically what we've done is is we've had the vice chairman of the board is the chairman of the site plan minor site plan subcommittee um and then we have uh other members of the the board uh stand for election since I'm afraid that most of the ones that would normally serve on that board are not here tonight uh we can either volunteer them or draon them wait no or we can wait till they here for the next meeting whichever um okay so Gordon is CH is Chairman of the Min site plan yes I am appointing Gordon as the chairman of the minor sight plan subcommittee as the chairman of the planning board and that uh are there members of this board that would like to volunteer for the minor site plan subcommittee yes Jennifer okay that would be good uh Nick you were on the board to minor last time were you no I was not you were not okay um Mr D yeah I would like to you Mr chairman you would like to remain I volunteer also okay um how many do we need for the miner we usually have five I think usually likes to be oh yeah he likes to be on there I don't want to take a spot no you're not you sure we have no limitations on that got one two three four five with Mr M with with five that makes it um that means three is a quorum right yes okay that's good all right did you want to vce uh on the minor committee usually what we've done is we've allowed the uh that minor subcommittee to vote on who would be the vice chairman for the minor site plan subcommittee so that there's just a in case Gordon can't make it um I hereby appoint those five people to the minor site plan subcommittee and if somebody else has an interest in doing that at a later date we can certainly Okay add their names does that make sense all right now we get to the professionals we do this as a group or should we do this individually individually all right uh we would like to see is there somebody willing to uh move uh that the planner be Christine winter from arh I I'll move that all right do I have a second second at each all right Nora would you call the role please barbaria yeso yes mcgr yes math yes aano yes Smith yes yes all right I'll move Andrew Cacho as engineer second that nor would you call the r please barberio yeso yes McGrath yes math yeso yes Smith yes yes congrats all right Marina sttinley attorney we naming Marina or the firm We're nameing The Firm or you the firm The Firm so clear jacobe alfiero Jacobs correct okay second if that's if you did it already nor would you call the role please barberio yeso yes MCAT yes Matt yeso yes Smith yes Dore yes all right then we have uh Nikas has special projects planner yes second uh would you call please Barbaro yes did yes Deo McGrath yes meth yes Nano yes Smith yes yes all right okay we are reorganized we are reorganized I guess we just move the meeting be adjourned anybody who's [Music] opposed now we can move on to the meeting of the township of pipany Troy Hills planning board Monday January 8th 2024 at 7 past 7:30 p.m. but uh announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with njsa 10 col 4-6 at SEC of the New Jersey open public meetings act um nor would you call the role please mayor Barbaro here Mr didich here Mr Deo here councilman McGrath here Mr meth president Mr Napolitano here Miss Smith here chairman denmore here if we could stand for the Pledge of Allegiance i al to the of the United States of America and to the repblic for which stands one nation under God indivisible all right this meeting is open to the general public is there anyone here who has anything that needs to come to the board's attention or they wish to bring to the board's attention that's not on our agenda for tonight hearing and seeing none we will move on we have no resolutions but we do have an agenda we have application number 23 col 518 p Lake hawaa realy LLC 102 North Fick Road Blocks 519 Lot 24 Miner sight plan with C variants to construct the deck with facade improvements Mr O'Neal good to see you happy New Year happy New Year Mr chairman happy New Year mayor and members of the board Joseph O'Neal here on behalf of the africant uh we are proposing on this site 102 nor bever road to convert former dry fingers into a piz I've bed for a number of waivers which I believe we will deal with they have a planner that has the list all right um so many of the waivers are related to being an existing building we do not object them um just asking for Testimony regarding salid waste disposal Expos use and um traffic impacts and as far as the waivers they are for the Highland exemption determinat Contours propos spot elevations existing proposed Utility Services storm drainage sight illumination soil erosion sediment control plan uh construction details which any were provided temporary contractor's construction structures and again the Contour all right any questions on the waivers being asked Mr O'Neal do you have any comments uh we will discuss operational issues and some of the parameters of the construction but the rest of the waivers we would hope given the nature of the building and the site that the board can see F Grant those so I'll make a motion to accept the waivers I have a second second all in favor I I any o osed thank you Mr chairman with that I'd like to call my client up first please raise your right hand sir do you swear affirm the testimony about to give will be the truth the [Music] whole [Music] circle I apologize you spell your last name p t o c z okay thank you first name again I'm sorry Joseph [Music] Joseph now Joe you're going to be the operator there this is going to be your restaurant correct uh similar to another restaurant you have on a different site yes where is that BL can you describe for the board what is you're going to be doing there it's a pizzeria and we uh offer vegan uh options uh you uh contact me after you were told by the zoning officials that you needed variances for this site correct uh were you aware that you needed variances of this when you first contracted for the property no and I was surprised you needed variances so we are here tonight to uh formalize those can you tell me how many employees you're going to have for and uh we were talk can you slide the microphone closer you don't mind thank you four and the employees that you have usually they get the they don't drive to the site no they usually usually mass transit mass transit yeah uh what are you going to be your hours of operation uh during the week it'll be 9 to uh 11: to 9:30 and weekends 11: to 10:30 okay you're going to be uh taking both orders for people sitting in the restaurant and take out correct um there anything else you'd like to add no I have no further questions for this any members of the board have questions of this witness on this testimony what's the name of your restaurant padas pizza pizza pizza and empadas okay Pizza [Music] okay Mr Kiana you yeah who else would be testifying I had a few questions on operational like dumpsters and parking and things like that uh well I'll let Joe talk about the Refuge removal I was told that it would be on Street The [Music] Refuge Pi it up from from in front of the store yeah usually in um the lake kwaa Merchant area the township picks up uh I actually asked the management company next door I would pay for their dumpster that they they never contacted me they never we just pretty much pick up the cardboard and stuff like that for it they never got back to me so yeah and the parking will discuss yeah okay thanks any other questions of uh this one this on this um yeah could you um elaborate on your other location is it on a similar uh Main Street like this or is it in very similar Main Street it's in kinan oh Bloomfield okay all right thank you stre any members of the public have questions of this witness on this testimony at this time hearing and saying none counselor you thank you [Music] Matos now we'll get into the detail of the application Wally's setting up just to familiarize members of the board that might not be familiar with this area this is North beverick Road that section of North North beverick Road with the zero setbacks between the shops that're all kind of lined up there in the older section of the street uh this used to be a dry cleaners that's been vacant for quite a while now we're going be modifying the interior of that for the pizzarena part of the modification concerns a deck which is you'll see off the back of the property which is in a state of disrepair he is redoing that deck Inc so there's no increases in setbacks or anything like that but of course that needs board approval now since we're redoing that gu Andrew Jennifer are you able to see what you need from from that I don't have the plan okay good get invited your hand you swear affirm the testimony about to give will be the truth the whole truth and nothing but the truth so help you go yes I do name and address for the record please please spell your last sure again m m a operating out of 545 New Jersey you can actually take the mic out good this one works thank you councelor could you please qualify the architect Mr M the board please the benefit of your experience sure I uh graduated from NJIT in 1996 um I've been practicing uh architecture for about 26 27 years I am licensed in New Jersey New York and Pennsylvania um I am a member of the American Institute of Architects I have given expert testimony over different boards in North Jersey I would submit Mr Matos as an expert for architectural purposes this evening anyone have any questions on the Architects bonafides no Mr Matos why don't we start with the conditions on the site which are existing and proposed are going to be the same uh can you just go ahead and familiarize the board what we're talking about sure I um have prepare the plans that you have in front of you um we have a total of eight sheets these um have a lot of details uh the cover sheet is a a planning board um cover sheet which consists of uh zoning analysis um uh zoning map survey and um the owner's uh 200 foot list so regarding the survey what what are the sidey yard sets C before we you want to mark this as a was already it was already submitted okay yeah okay so I will read off the the side conditions well I'll tell you what let's do it like this okay the sidey yard setbacks are zero right cuz the they have actual does the uh the Saar setbacks are zero yes and the what is the setback from the deck to the rear yard it is uh 15 ft for uh a main structure and it is 10 ft for a an accessory structure what is the deck the deck is at zero ft it's right on the line right and it's attached to the building so correct all right so we've actually got a a colored version looks like it's the same thing slightly shrunk oh now I got to mark that as a just trying to make sure this yeah there were a few revisions okay we were addressing non colorized what we what we have is dated June 7th 2023 received in the and and the so I can't really read that you just e back a little March 30th 2023 absolutely what are the dates of those plans the latest date on this plan is 12423 okay so 12423 December 4th uh 2023 and that's because we were addressing some of the comments on we have is dated March 30th so there's a little bit difference so this is A1 revised architecturals how many sheets uh we have a total of uh eight eight sheets eight sheets y dated December 4th 2023 correct okay thank you all on the same page uh the deck in its existing state of disrepair the setback is the same zero that's correct it is in in very bad condition and so it we're proposing to rebuild it basically could you show the board on the next sheet uh how that deck lines up at the back of sure so you can see it also on the on the S plan here how the property line it's right on the stairs of the [Music] deck here is a a demolition plan which shows the existing conditions of of the cleaners and we show the the rear deck here yeah let's see the elevation and then sure and then we'll the D 100 shows you the existing conditions and then a100 we have um the proposed conditions this is what you're seeing here in the rear of the property and um I can show the elevations as well [Music] that will be drawing a103 on your set you can see the rear elevation number four here how that's lined up with the first floor there's a a dramatic drop in elevation from the front of the building to the rear of the building um approximately 7' 9 so you can see the deck at floor level here and then the stairs going down to ground level at the rear you can see at the front of the property that our elevation is 11 fo9 approximately and uh the average height for the whole property all around is 1810 it is 15 in the front and it is 229 in the rear so there's a drop of the property as you go back and that's not change right it all existing conditions were essentially just remodeling the inside and rebuilding the deck in the rear the existing condition was there's no parking spaces in the rear that's correct there were no parking available there's no no space on the lot just a street parking correct correct now the interior Renovations all right we'll go back to drawing uh a100 that's a little busy drawing but uh could you point out for the board where the restaurant area is in relation to the proposed kitchen sure so uh plan number three is the main floor that that uh we're proposing the the pizzeria plan number one shows you the some of the support area in the basement so I'm going to focus on this plan here and I'm going to show you we're revising the entrance a little bit to allow for a buffer zone so it doesn't get too cold as people open the door so we're providing a little buffer area best of VI here as you come in you'll have to your left a your typical Pizzeria counter with a pizza oven so that'll be Pizza on display and you can see you know the the the the work being done the pizza being made so this is all a counter area with the registration area in the back here with a you know Ada design area for pickup um and as you come in you have a sitting area in the front this whole Space is approximately 560 Square ft we have one bathroom one uh ADA Bathroom and then from this line to the rear it's the kitchen and we've uh we're providing a new set of stairs that go down to the basement level here this is the Hood um with the equipment and some of the supporting uh equipment for for a kitchen um we have some Empanada stations and we have some uh subway stations and some uh prep areas um in addition to some freezer here and uh three compartment sink and hand sink and mop syn we're we're meeting the requirements of the um of the health department in order to to to get our approval um and then we have is the restaurant I I apologize how big is the restaurant it's approximately 1500 square ft the eating area oh the the eating area as I mentioned before is 560 Square ft how many seats are in that we have 14 seats right now so you've applied the township standards for parking to that you've come up with eight spaces being required for this that's correct yes I believe that the dry cleaners had six as GRS I believe he was seven by mistake so uh we'll need that extra parking space to comply right correct so that's going to be a variance for yes if we're providing zero but the uh requirement is eight correct I have no further questions for members of the board have questions of this witness on this testimony Mr math uh thank you so all the work is interior the vast majority of the work is interior we are proposing to rebuild the deck in the Rea which is exterior we're also proposing a new signage in the front and in fact in my case I forgot exhibit A2 which is the sign proposal and I have an exhibit here that I can pass around just to u to show what that looks like because with a zero setback I we just wanted to make sure you wouldn't have any impact on your neighbors when you're doing this okay so the work on the exterior and there are I think 10 copies here you can pass it around if you don't mind you may but um so the the work we're doing in the rear is simply building the deck we're not proposing to expand it or go sideways or further to the back uh it it's to remain the same size as it was before so we're not impacting impacting the other neighbors we're not expanding to the other side well I see on your site the site plan the building right next to you doesn't go all the way back to the back of the property anyway and uh yeah that's correct this building here that's where one impacts yeah this one does this one does go the one if you're facing the building the one to the left facing north it goes past our property line actually a little bit um all right and uh the deck so you have a zero set back right now and you're asking to maintain that is the deck going to be entirely reconstructed yes it is in really bad shape we're actually proposing to redo the footings not knock down what's there it's really not salvageable I mean uh we we wanted to do that but um it's not recommended it's in really bad shape so would it be feasible I mean and one of the things we have with fences is we require them to be one foot off the property line right Jennifer 6 in or 6 inches of the property line would it be feasible to at least put at 6 in off the property line yes okay yeah that is a a reasonable thing yeah all right Jennifer you look like you have a question yes I'm I'm just curious when you were flipping the pages I recognized that the plan that's there is is different than the plan we're looking at so I was just curious if Christine received that plan because the signs completely changed from what your review originally has right like like the canopy had um the a second uh vegan iguana yeah an update that removed that and it was just one sign um just the size of this particular sign on the canopy does need a variance I believe it's still 25 Square ft uh that's the detail I previously yes it's the same size correct yeah so you need a variance for the pizza sign um and then I guess the height of the lettering is a Max of 6 in yes applies with that we did provide electronic copies of of our latest version of the drawings I just recognized as you flipped that it was different than the plan that I had re I had reviewed so very good observation we went back and forth with that design and we decided to simplify it as much as possible that's why the Guana disappear question questioned whether there were two tenants that's why so that was like kind of what I was wondering if there were two tenants in there okay thank you thank Mr deero you had a question yeah just for clarification the the deck has nothing to do with the restaurant at all from what I can tell uh well it is an exit out the back of it's an exit yeah but it's not part of the restaurant operation you're not going to put tables back there or anything no or smoking Lounge no no okay just just that's so sons of Italy doesn't go there we need a smoking loung John yeah we need a smokeing loung s other members of the board of questions Mr Nano yes thank you uh the underneath the deck um so that's not really consider it's it it's a basement but is there an exit door there underneath yeah and that was actually one of the comments of uh we um at there's a door there's at the bottom so you can essentially come down the stairs and go it yeah this is one of the things we missed we had it on our floor plan where we missed it on the elevation and I believe uh I youve made the comment about it um so all right but definitely a door there right yes okay [Music] yes right here that there's the door that's the door to the basement as you come down from from the deck under you go underneath the deck and then go down to the basement does it have to be labeled exit and emergency exit or no that doesn't need that well it's a for employees only to yeah it is not a a means of agress you would go out through the internal stair gotcha thank you thank you all right our planner has uh oh Mr D you have yep thank you um and again maybe you mentioned that but just for my clarity so the deck was there before right we reconstructing it it's not not a new structure right we're rebuilding it completely so it is going to be new new but but it's not a new addition right no we're not expanding it we're not increasing the size in fact one of the recommendations is to reduce the size by 6 in or a foot um and we we are open to that recommendation I think it's a good idea can you do a foot we can definitely reduce it from what it was before in size by a foot uh that way we would comply similar to a let's make it a foot that okay yep yep the second question is so the cleaners had some parking right seven parking spots no they have no parking available they needed seven under the local ordinance we need eight so this would be a variance for it was Zero it will it will be zero really right with Vari everything is zero there it's all on street I just want to make sure because my understanding was there were seven parking spots and we losing those I was wondering how are we losing those Still Still zero okay for sake of intensity of use it's what we're you know showing the differences but in reality there's no parking okay and from operations perspective the customers would park on the street yes right there is no other provision yes if you're familiar with North bwood Road that is for tradition there there's parking on the street there are a few parking lots simple lots available okay this is pretty close to the lot that's next to the library and and the karate shop moved out so one and the last question yeah last question sorry yeah so you mentioned a couple of ADA things which is very good so I appreciate that thank you very much only question I have is how about the entrance how would a person needing help would enter especially if you have some you know two doors would there be something to press the button doors will open that or how would that work well the the way the code we have enough distance in between the doors but the way the code requires is you have a a self-closing door um a person with a wheelchair should be able to uh maneuver and there is a way to put a a a push button so the door would open automatically if a person with disability there's that possibility it's done in a lot of buildings hotels um convention centers and things like that yeah because if they cannot get in there is no point having too much right so I would appreciate if we can do a press the button type of thing at the minimum you know there should be a doorbell somebody can press the doorbell and somebody can don't open the door menu we've done that in other um buildings we've done where it's not feasible to have a an opener we've had a a button where someone can come and assist a person with disability we've done that before redoing that front entrance right correct yes so we have to comply with a we do we do so we need a but a minimum yes okay that'll be great thank you is winter you had um yeah good points quickly go over the awning is a new awning it's going to be a replacement or I think we're going to replace the awning yes um as we discussed before you need the variance for the sign area um six square feet what's permitted 25 this what's proposed um and also the minimum distance from the edge of the building for the awning requires 6 in and I believe this going straight to the edge so yes um that's something that uh I would recommend we go to the edge of the building and and ask for a variance because this going to look a little bit strange um making a shorter so all right for that variance ask for the variance and it'll just be the two colors the red um face and white and the white letters white lettering um and I just I guess it's more of an operational question but notice there's a sliding window on the front is that going to be used for uh pickups or not at this time not this time that would be a different variance and a different board okay okay so you're not asking to be able to use that no that'll be that'll be shut it will not be for pickup or delivery not a walk up window so at some future date you may choose to apply for that to be a walk up window well it's not going to be a walk up window now right okay but we are leaving open the option depending on what happens uh with business there to apply to the board of adjustment which would require that okay I just want to make sure that that everybody knows our zoning officer is aware very good any other members of the board have questions on this actually testimony go ahead I just have two points to be made um you need a variance one of the Varian is was for the roof sign area of 25 s fet proposed where 6 Square ft is required is there any reason why 6 Square ft is not feasible for this [Music] for uh signage correct on the a uh well aesthetically we wanted to the awning to cover the entire facade um so it would we think it would not look aesthetically pleasing to have a a six foot small Awning in the middle of the building or to up to the one side this is a uh this is a mark an identified Mark of our clients restaurant is that true yes and he does want that visibility he does want recognition for people who may be familiar with his other location that this is a different related location and it's very similar to was there also and we think it's just a better balanced look um this is not a a a pretty onw in but I think if he goes from one end to the building to the other it's a it's a better look and so we we wanted to approach it that way and not complying with 6 feet uh was not aesthetically something we wanted to do there's also multiple storefronts along this yes and and they're very similar in in uh in the size as well but no no wall sign above the canopy though where the cleaner sign is that'll be just the brick correct and you're removing an existing sign that's right correct yes we're removing that sign that you see on the on the color picture that you have there and you can see the building is not buting directly the other building there's some space so we wanted to make sure we went from edge to edge on on our building uh the second question I have there was a comment um that this site was in relation to a municipal lot could you testify as to the surrounding area in terms of street parking on street parking that I I cannot well the uh just to make the board aware I really can't testify bring my client back but I'm sure those of you that have been up north B Road are familiar with this section of North Road it's all on street parking there is a municipal lot in the area across the way but we really can't rely on that as specific parking for this application it would need to be dedicated parking to be applied to the application here so that's why we're making the uh application for8 needed zero provided uh no I understand that the V is being requested as a mitigating Factor if there is such things as mass transit or sufficient H Street Parking or sufficient offsite parking then the board can consider that as part of the negative criteria so I think that's important to not that that this is there is onfree parking available um I just wanted to make that point somebody made a comment I didn't know if you were able if this was the appropriate witness to PRI that testimony if the board understanding the area and the circum you know the surrounding area they can make that finding as a part of the record your is Municipal lot there during the day I know it is underutilized at night it seems to be utilized by people who are parking overnight but still half empty but really can't make any any representations of course there's a number of vacant spaces up and down the the street I know that's a Target area of the municipality trying to revive those businesses but there's ample on street parking there thank you that's all I have Mr chairman Mr meth so um in my experience uh dry cleaners use some a lot of chemicals has this site been cleared for uh like for for contamination just curious I would say that's a question something oh we probably have to bring you back up I'm sorry yeah it was done by the previous so there was a phase 2 environmental or something okay all right thanks phase one whatever and uh Mr meth just for your information those harmful chemicals they tried to phase those out about 15 or 10 years ago yeah this dry cleaner has been here for a very long time okay I think I think one of my shirts is still stuck in [Laughter] there you just may not have to worry about Vermin or cockroaches downstairs any other members of the board have questions on this C ony at this time any of our professionals have any questions no I just wanted to verify I know you provided testimony on both setback and parking um did you or will you be updating the plan accordingly to consing table just for uh record keeping yes yeah we'll be updating to match any members of the public have any questions on this testimony at this time hearing and seeing none counselor no further Witnesses no further Witnesses he U so that's your case and you're sticking with it it is I'll have a couple comments it's open to the public I don't know all right let's open it to the public then are there any members of the public that wish to speak in opposition to this application at this time in support of this application at this time hearing and seeing none your comments are readily I'll keep it short uh the board is familiar with these types of applications how about all the time for pre-existing nonperforming setbacks usess whatever the test is usually all the time this an innocent purchaser who bought into the situation didn't know that they need these Vari now I will freely admit to you that when he called me up on the phone and said I was told by the zoning office I needed variances I actually didn't believe it because it had been a long time since i' done any zoning on that BL but sure enough all the uh setbacks everything has been unchanged all this time so all of those shops have zero setbacks all of those shops have no parking and uh he bought this with the deck in a state of disrepair with the intention of repairing it and had no idea that he needed a variance for that so this really is the true innocent purchaser buying this property that is considered by the courts to be hardship sufficient to Grant variances in these situations I hope that the board would recognize that and help this guy get this site back up and running for a valuable restaurant for Town that's our application I thank you all right this closes the evidentiary portion of tonight's hearing anybody have a wish to move a resolution or have a conversation I need to test the pizza [Laughter] first do I hear a motion I have two yes with two conditions okay one is that the plans will be revised to uh so that the deck is now one foot off of the property line in the rear so ex ex um mitigating the existing condition and that there were comments by Mr um kenion our our engineer that the plans will be updating updated to correct the zoning tap okay they're also taking down the sign that's on the wall in the facade remove the existing walls and the only the only sign you're going to have is is going to be on that warning okay also the doors would be self opening on the F and that they're going to comply with all the ADA requirements I think button is ideal if you could do that okay we got yep we covered all your questions Christine all right so do I have a motion approving Mr chairman Mr theano I'd like to make a motion to approve application 23 Call 518 PTO how's your last name good the realy LLC 102 North beverick Road Blocks 519 Lot 24 minor site plan with SE variants to construct a deck and facade improvements mentioned uh improvements second nor would you call the RO please bario yes yes yes mcrath yes math yesito yes Smith yes more yes thank you luck thank you now would you like to take some pictures before we go or you all right we've got some new members and we have a member of the press who would love to take some pictures should we do a motion to adjourn first oh I I figured we'd include this in the in the regular meeting but sure why don't we have a motion toour in the board M we have a motion do we have a second second anybody opposed now