always car I always come to order this 20 20th 20th of March time is 6:40 and yes Ray Mass here eileen Hogan
yes beno here karen Lee here vincent Le here present anna Cruz here amanda Calapano absent eugene Horowitz here and Chris Havis here adequate notice of this
meeting of parole filed with the pro clerk and mailed to the Asbury Park Press two times uh this meeting is being tape recorded and in the event the applicant uses the services of a court reporter to transcribe the tapes the board requires a copy of the transcript
we'll break about 8:00 p.m for deliberation and testimony heard thus far in the conference room on the first floor public is invited to attend however discussion between board members and the public is not permitted at that time no new cases will be heard after
900 p.m bank zoning board of adjustments maintain a policy cut off power at 9:30 p.m for its hearings any applicant heard this evening will be carried over to next scheduled meeting uh pledge of 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 okay few administrative matters uh we have the meetings from February 20th
somebody like to make a motion to approve i'll move to approve the minutes second all in favor i we have a couple resolutions resolution approval
uh 21 211 Shbury Avenue good evening Mr chairman that was the Parker Family Health Clinic sign application fairly straightforward application um and uh the board approved request to install two wall signs at the site and the only
conditions of note were neither wall sign is eliminated and the wall shines showing I shall not be placed over the canopy and um no third party advertising that is pretty standard if that's acceptable we
we can adopt that i'll make a motion to approve second i'll second all in favor i Okay we have resolution approval for 204 Shburg Avenue okay Mr
mr chairman this was the uh uh what was not necessarily submitted and this is Spruce Liquor's application and it wasn't necessarily submitted as a bifurcated application but it turned into a bifurcated application and this is just a use variance and by the way um
I have in here that the board engaged in a in a very extensive and uh intense good faith debate which by the way is what you all are supposed to do and it really was a picture perfect hearing of of uh the the give and take but
basically we we commented that the people who ultimately voted against the use variance were concerned about the size of the proposed liquor store and that because of it size it was not permitted use um concerned that that it could um uh was not consistent with the
or violate the spirit intent of the small business the viability of other uh small businesses uh concerned that there would be a detrimental impact on the community a concern that there's a lot more productive uses that could have been uh proposed um and then the other
side included a bunch of arguments including the fact that that building already exists and is already oversized and that there's no real new exterior construction proposed and that uh we think that um uh it would be under the
circumstances unproductive and burdensome to require an applicant to demolish a portion of the existing building just to make it comply with the size requirements um under those circumstances and recognition that the site is rather sparse with only a you
know a building and a vacant large front yard parking area and uh the absence of any significant landscaping and that the building is rather non-escript and that with approval there will be some architectural enhancements there'll be parking lot improvements um there'll be
um the the property has been vacant for approximately five years and currently stagnant and underutilized uh site is probably not the best for the neighborhood and uh we're also talked about that um uh though there were some
legitimate concerns about the wholesomeness of the proposed liquor store use the board notes that the applicant's other existing liquor store is right across the street so we basically uh said that uh in a nutshell um all those I think I just want to read
this because I liked what I said i said all the above uh factors both pro and con represented legitimate arguments um and they were all appropriately considered analyzed and debated and they were all uh prioritized according to the personal preferences and beliefs of each and every board member and that's the
way it's supposed to be and anyway in a nutshell we had a couple of real concerns that I'll I'll be quickly just to get them all uh obviously they have to come back for the site plan portion of the application there's no guarantee and we said that they um uh let's see
they're not going to simultaneously operate the two two liquor stores and um so uh we had the size that they're not going to exceed they're not going to have more than three employees at the site their hours of operation not going to exceed 9:00 a.m to 10 p.m unless municipal regulations require something
less they're going to have a private hauler no outside storage of materials or cardboard uh private hauler um they're going to have lower level plantings along Shrewsbury Avenue provided mamemoth County so allows uh additional landscape and the details will be finalized during our our hearing
uh site plan hearing um uh downward uh facing lighting uh Sean I want to make sure I have this right confirmation that the front windows of the liquor store facing Shrew shall be frosted glass the details of which shall be further reviewed and approved during site plan
portion i think that was pretty much it right and then uh sign lighting will be turned off when the liquor store is not open um EV parking spaces projecting into driveway is going to be illuminated uh the absence of window posters and
clutter and pollution uh the absence of any neon signs confirmation that the two existing current cuts along Truth Grey Avenue will be eliminated and they're going to uh reorient the parking lot in good faith consultation with our engineer and Mr chairman this I think you had a concern i had said
confirmation that in good faith consultation with the board engineer the overwhelming majority of the existing front parking lot spaces shall be eliminated the details which will be confirmed during the public hearing and and then I wrote in there per the on the record discussion at the public hearing the board recognizes that one handicap
parking space may be required to be retained in the front of the space now we'll come back to that in one second because I think you maybe want at a minimum lower that down and maybe just eliminate it and then the other uh confirmation that the existing front parking lot shall be perpetually converted to a lawn area with
landscaping planted therein again the details of which will be reviewed and approved at the site plan and um let's see i think we had that um just a couple more quick ones because I know this was important to some of you um we're going
to have uh the applicant shall adopt and strictly enforce an aggressive anti-loering policy particularly in light of the non-permitted nature of the within use and a copy of that anti-ordering policy shall be submitted uh to to Shauna and they're also going to give us um Eileen I think this we
want an illustrated CD rendering of what the to be renovated building is going to look like and that Chris I think we have here um that the applicant in good faith aggressively and perpetually patrols the development site so as to regularly collect garbage and debris left by customers of the the liquor store
approved terin so that was long but it was a long hearing a lot going on this is just to approve the use variants with the understanding that they come back no guarantee as to the future and they still have a lot but we sort of laid out the track record of what some of your concerns were so Mr chairman I think uh
about that one thing about should I say the part even the ADA spot cannot be in front or should I say leave it open until open until we we get a plan for them perfect so we reserve all our rights i'll just make that very clear
okay someone like to make a motion to approve i'll make a second all in favor uh well resolution oh yes can make comments but ultimately
cannot vote on this resolution y no I just wanted to thank the um officer our zoning board my board members for giving our uh business owners and rents lots of
options and opportunities to make it a better fit for the neighborhood i want to thank each and every one of you for your ideas because they all will make that better fit thank you thank you M
okay new business we have 30 St nicholas Place come on up okay and as the applicant team comes forward we'll just do a couple of preliminary things is there anyone here who had any questions comments or concerns regarding the sufficiency of the the notice they
received all right we don't see any uh the board secretary and I reviewed the notice and found everything to be in order so it would be my humble opinion that we have jurisdiction to proceed tonight and uh we have a couple things to mark into the record so we're going to mark as A1 the development permit
application uh and zoning denial letter dated December 28 2024 we'll collectively march that mark that as A1 a2 is the intent to proceed uh dated January 14th 2025
a3 are the plans uh for the proposed rear edition and um we'll mark that as A3 and A4 is the review memorandum from Shauna Ebanks uh our uh director of community development and speaking of
our director of community development Shauna do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth to best your knowledge to help you God i do okay thank you and Mr chairman I understand we have some um interpreter
interpreters here today yes okay and are you going to you're going to interpret for whom we don't have a name i don't think she came oh okay based on our assessment our services aren't needed just yet okay we
don't have a name okay well thank you for coming anyway um and then if if something changes between now we'll just uh stop and and get you sworn in all right good evening um if you could just uh state your name please
mike Fer property owner could drag it closer to you okay and Daniel Kelly architect okay and uh Dan if you could just uh give me your business address 56 Taylor Terrace
Colonia New Jersey okay and you are a licensed architect and your licenses and certifications are current and up to date and good standing i am a 221 license member and I'm also an AIA member in good standing thank you very much and then so if you could to
both raise your right hands uh gentlemen do you swear that the information and testimony you're about to provide will be the truth to best your knowledge to help you govern i do okay let the record reflect that both gentlemen have been sworn thank you and then just to get the ball rolling Mr fauserano you indicated
you're the property owner yes that's correct how long have you owned it roughly two years okay and my notes reflect that there's a single family home at the site right all right and do you live there yes okay and just uh for the record uh the existing home my notes
suggest it's a one and a half story home okay and how many bedrooms five and how many bathrooms two and a half okay and so you want to propose an addition so why don't you talk to the board about whether you want to tell uh what you want to do and why or you want your architect to tell sure um I can give a
quick summary then feel free to to jump in here but looking to build just a single room addition um one floor off the rear of the property for extra living space um my family is expanding a bit my wife's actually due to give birth to our second um in five weeks um so
hoping to to kind of solidify our roots here and have a slightly bigger space for my family um to live and grow in red so that's that's the proposal it's a It's a living room addition so we're using it in that capacity
okay mr kelly do you have anything to add from an architectural standpoint uh yes so the proposed addition um is currently 225 square foot and this will be going on top of
the beer patio so the good part about this proposal is it's not going to increase the impervious coverage the impervious coverage will remain as is and the papers underneath the addition will obviously be removed new addition
um the also it's compliant with the rear yard setback as well as the sideyard setbacks max building out coverage is also in compliance and even though there are many non-conforming parts of this project all of what we are we have
designed for this simple rear edition are compliant with setbacks of the building coverage and the improvement you know and Mr mr chairman could I just ask um our friend Shauna a question shauna as I understand it um this lot is
undersized and there's a provision in our ordinance which allows for the expansion of this under certain circumstances yes that's correct so um in the ordinance it calls for single family homes and two family homes to be exempt um based on meeting certain
criteria um conditions um one of the condition for expansion of um a non-conforming structure is that first it has to be on a conforming lot and the second is that it has to be solely in the rear or in the
side and not exceeding um if it's the setbacks the sideyard setbacks are not conforming not exceed being greater um than what the existing non-conforming setback backyard unfortunately
um where the applicant um the lot size is non-conforming by 250 square ft and so therefore he didn't meet the first condition of um being on a non-conforming lot therefore it
triggered the need for a bulk variance for um expansion of a non-conforming structure and so regardless of the size or the location just by virtue of the fact that it's a non-conforming lot in terms of
area that he has to come here yes any questions for either of these gentlemen from the board yes mr v what are the materials of the addition describe it uh we are planning on
using lap siding i'm sorry what was that a horizontal lap siding to match the existing as close as possible um the roof will be a low pitch single membrane roof because it doesn't have the steep enough to just have
shingle it has to be a me pitch to prevent leaks on the inside so that's it it's just going to match the existing Um I have a couple questions um first I wasn't able to review the memorandum uh
that lays out anything about setbacks i think you said does this conform with the setbacks or or or do or are there variances needed for setbacks as well as the bulk variance for the non-conforming use so
the main trigger as Sha mentioned is the um the lot area which we are undersized for right 6500 is the required right 6250 uh the front yard is existing non-conforming but we're not working on
the property rear yard is existing 60'8 in and this is the RA zone which is 30 ft is required um we are proposing 45'6 in which would complant right uh
sideyards are 12 ft and then combined is 30 ft so the existing house right now is 5.2 2 feet which is existing non-conforming right and the combined is 17 ft which is again
existing non-conforming okay however the addition that we are proposing is compliant with the one size your setback is in compant okay I my one other question is on a a different trajectory is have you heard from any
neighbors does anybody has anybody talked to you about it no none of my neighbors have reached out um anytime I've done projects in the neighborhood they're all very supportive so so no one certainly has objected to this nobody's objected all right thank you
okay any other questions from the board um yes I have a question um did I see a um garage in the backyard is that Yes that's correct okay so how far away will the the garage sit as opposed to the the
new room i don't think we have the exact there but I mean we can certainly fine okay this gotcha okay no more questions from the board any questions from the public for either of
these gentlemen okay close public portion any comments from the board about this application okay any comments from the
public on this application i don't see any no good okay so would anybody like to make a motion to approve or deny this application i'll make a motion to approve it a second mr chairman the
standard conditions of approval if I may would include compliance all the promising commitments and representations the team made tonight compliance with any applicable affordable housing rules regulations contributions if any uh obtaining any necessary outside approvals we usually have a 24-month time frame after the resolution you have to get the building
permit within 24 months or any greed upon extension and get building permits compliance with Shauna's um memo and um Shauna you had asked about um do I have to do anything about um lighting or utility connections or you
just wanted to just No because it's a part of the existing house okay so those conditions are acceptable to the motioner and the second we can vote sorry that's yes mass yes ellie Hogan yes yes sh yes
yes yes great good luck we're done motion to adjourn all in favor