e e e e e e e e e e e e e e e e I pledge alance to the flag of the United of America to the rep for it stands one nation God indivisible withy and jce thank you in accordance with New Jersey state statute 10 colon 4-10 adequate notice of this meeting has been provided to a newspaper of a record and has been posted here in City Hall the meeting is a Judicial proceeding and any questions or comments must be limited to the ISS issues that are relevant to what the board May legally consider in reaching a decision and deorum appropriate to a Judicial proceeding is required to be maintained for the benefit of the interested public this meeting is being live streamed to the city's YouTube page and also broadcast on summit's governmental Channel which is Comcast 34 and Verizon channel 30 there is also a transcript of this meeting being taken using uh the video and audio so we need all speakers to use one of the microphones here in the room please note that the fire exits are to my right your left and at the back of the room U Mrs suos would you please call the role of the members sure chairman Steiner here Vice chairman lyit is excused Mr Yugo here Mr Nelson here miss Don here Mr Kieran here Mr here miss to here miss Cho here Mr feskin is excused Mr Chuli here you have a quarum you may proceed okay couple of introductions Andy ball is the zoning board's attorney Stephanie suos is a city employee and the zoning board secretary Miss suos works with the applicants on preparing their applications planning our agenda and keeping our meing minutes also present is Marie rafy from Coler engineering our board's engineering firm and she's seated at the table to our right the audience's left these experts provide input to the board and they do not vote on the applications our board consists of seven regular members and up to four alternates all members can participate in the hearings tonight but a maximum of seven can vote most applications require a simple majority and before we enter executive session to vote on the application you will be advised exactly how how many votes are required to carry your case uh the case tonight will begin with the applicant or their attorney uh don't does not look as if you have an attorney but I believe you have an architect so the applicants will give us a quick um review of the progress to date and hopefully then turn it over to their architect to carry that uh we will then hear from any other additional expert witnesses that you may have to explain the application once the board members and the professionals have completed their questioning the public has an opportunity to ask questions that's not the time that they will tell us what they think but that will come a little bit later before you ask a question anybody who's out there which are right now none uh please state your name spell your last name and provide your address after all the witnesses have been heard members of the audience have their second opportunity to speak and that time time you can express they can express their opinion positive or negative then the public hearing is closed and uh we enter executive session where the board members will discuss the case and vote you will be able to listen to our executive session but you normally will not be able to participate in our discussion uh our City's zoning staff has asked that we remind all applicant that they must carefully read the resolution that documents the board's decision and to pay particular attention to the conditions that are contained in the resolution if you have questions about any of the those conditions please consult with your experts or city staff through miss zulio the resolutions documenting the board's decision will normally be available one month after we decide the case now we're going to change the agenda a little bit slight slightly and we're going to proceed right to our first case which is Jordan glass glassberg at 190 kpls Boulevard if you would please come up we're going to swear you in we'll swear you both in so you can both talk if you could each raise your right hand do you swear from the testimony you're about to give in this matters the truth the whole truth nothing but the truth I do and then one at a time please state your name spell your last name Jordan Glasper g l SS b e r g and Rula glassberg g l a s s b e r g thank you okay if you would give us a brief rundown of the uh the case and what you're looking to accomplish here sure um thank you all for being here tonight my name is Jordan glassberg This is my wife Mulla uh we have one son Quinn who's three years old he goes to preschool here in Summit just a few minutes away from here and from the house in Kent Place Boulevard um in 2020 when we found out that we were going to have our first child we started looking for a community where we would be able to raise him together as a family we found Summit we absolutely love it because of the Fantastic schools and the amazing Community um as we went about our house search we found Kent Place Boulevard it's just a gorgeous Street we love the character of the homes the friendly people that we met there last year K 190 Kent Place Boulevard came on the market um we saw it as an opportunity to move on to this great Street and this great Community we absolutely love the home but we felt that we could improve upon it so that it more fits in with the character of the other homes on the street as well as its functionality so that's why we're here tonight um uh we absolutely love it here we want to raise our son here we want to stay here for a long time um and that's basically why we are applying for this variance and with that um I'll introduce our architect Dan enin who can answer any questions you may have about our application thank you okay questions for the applicant none okay we will move on um and we're assuming that the uh architect will be presenting the whole case and uh we would ask only because of a time crunch uh for one of our professionals that you uh give us the engineering uh testimony first so we can ask those questions and then we'll proceed with the rest okay I believe we need to where you in yep and I'll just know for the record there's no members of the public still so no public questions at this time if you could please raise your right hand do you sarir the testimony you're about to give in this matter the truth the whole truth nothing but the truth I do please state your name and spell your last name my name is Daniel ensen last name is en n c and I'm the owner and principal of mendum design Architects located in mendum New Jersey I've been a licensed architect since 2017 uh my license is in good standing and I've presented in front of this board multiple times and licensed in New Jersey correct yes any questions from the board or would you like to accept his credential questions seeing none we'll accept your credentials and uh please present the case thanks is that um is that my and wherever you're comfortable uh the property is uh is 19 Kent Place Boulevard uh it's located in the uh the R15 Zone uh the uh the variances that are being requested and uh and and what is um causing the issue uh is the uh the required uh sidey setback and also minimum combined uh sidey yard setback uh the existing property is approximately 60 ft wide um looking on sheet A1 and these are all the same uh same documents that that you have in the application um the existing property is roughly 60 fet wide uh and the required uh withd in this zone is uh is a minimum of 90 ft and so it's a significantly undersized narrow property for the Zone um the existing house uh is 1950 split level uh that's on the uh the property now uh the current sidey yard setbacks are 8.2 and 7.3 ft um and you know looking at that the total required uh or combined sidey yard uh is required at 35% and currently uh only has 25.8% so it's an existing non-conforming property the house is non-conforming as it is um in looking at the other homes uh along the street in terms of of style of Home roof lines um and just the overall character of the street um and and other kind of building elements that are present uh the existing split level design seems to be a bit of an odd duck on the street it's you know there are some tutor style homes some you know many colonal Revival houses um lots of nice detailing with porches Dormers um other things that are are kind of period elements of of nice homes that you find throughout uh throughout the neighborhood and in Summit uh which are are not present in this house uh the proposed project and proposed work um and just to give you a sense uh this is also this photograph is also in the uh in the zoning package you have this is a picture of the front of the existing house so it's a brick split level house uh with an entrance towards the center there is a uh kind of garage at the lower level uh with a a mud room and space behind it there are bedrooms located above uh and then you have your entrance way towards the center and you have uh living room and uh and other living spaces kitchen and other things situ towards the Left End of the house uh so the proposed project and work uh is to uh to construct a second story addition above the existing uh entry and living area towards the left side of the house uh which would then uh help to balance out the house a bit also proposing to create a steeper roof line uh and to completely essentially change the character of the exterior of the house to make it more consistent with the period homes and roof lines of what you find along the street as a opposed to a split [Applause] level at the lower level of the house where the garage uh and and kind of mud room and office area are and an existing basement below um there's minimal proposed work other than interior renovation there is an existing covered patio or roofed patio at the back uh or the rear of the house uh which is indicated by this dash line uh and the work is proposing to expand that 5' 3 in uh towards the right hand side to create a larger covered patio area so it's more usable for outdoor living space at the first floor uh the again the footprint of the house is staying the same um the existing Living Spaces are situated throughout um they're generally staying in the same locations uh with some walls being removed and things being opened up it's not a an overly large house and just really consists of a living area uh and then towards the back where walls are being removed kind of a combined uh kitchen and open dining area there is a set of stairs coming off the foyer that in the split level setup goes about a half story up to the right hand side uh up to the existing bedrooms again those three bedrooms are staying as they are two bathrooms uh and then what is proposed is there's an existing attic space uh above the living areas and a new stair that would meet code is uh is proposed going up uh and then turning a uh that upper attic area putting a new roof line on it getting some more space uh creating a primary Suite uh with a primary bath and a walk-in closet um up at that level to complement the three existing bedrooms that are down [Applause] below uh this is a front elevation facing towards the street um the proposed work um understanding that the existing house is non-conforming and approaching close to the uh over the required sidey yard uh into the setback area um The Proposal is to uh create the Second Story Edition set back an additional um three feet and then some to uh to be sensitive to the fact that we are already over an existing non-conforming over that property line so the proposed setback uh on the uh on the left hand side um being uh 11.2 ft and then on the right hand side with the covered uh expanded covered patio uh 11.1 ft both of which are um are a larger or or a greater amount set back than the existing houses from the property lens um so trying to to stay as far away from the required uh you know sidey yards as we can um but still creating something that that looks attractive and provides enough space uh the the proposed exterior of the house it currently has um a brick veneer that runs along the exterior that is is a little bit difficult to to work with in terms of uh adding on to the house and creating other things uh and so the intention is uh to expand and create the new roof lines in other areas of the house with uh new siding materials uh most likely a uh a Hardy plank cement board and then uh painting out and washing the brick in order to have the uh the same color so it's no longer a red brick that stands out or accentuates the split level um but all kind of Blends together into one consistent exterior for the house at these sides and rear of the home uh this is the uh the left side uh of the home so we're maintaining the existing roof line and existing chimney that are on the house currently and then the new addition is proposed to be setback um we've split the addition into two opposing Gables to keep the the peak of the roof down um we're well below the required height requirement I believe we're at uh 30im 32.1 ft uh in proposed height uh and then uh from the other side of the house on the right side we picked up with a steeper roof and we can see these kind of twin Gables protruding off to the edge uh and at the rear uh you can see the uh the expanded uh covered patio area that comes 5' 3 in to uh to the side or closer to the sidey yard than it is currently [Applause] so in looking uh and looking at what we have uh we are conforming with all the other zoning requirements um what's proposed is is done in an attempt to create an attractive house but also to respect those those sidey guard setbacks as much as possible um but considering the hardship of of the significantly reduced overall width of property um that uh that we have to work with here um and based on uh you know based on what's proposed and uh conforming with all the other requirements and also the massing um of of what's created in the appearance blending with the other homes on the street uh we feel that the benefit of of what's being proposed far out ways uh and any kind of detriment um based on those seges okay uh Marie do you have any questions um so I could you talk about the um how much the increase in impervious coverage is for the property sure the increase in impervious coverage is fairly small uh the only increase is the uh the extension of that covered patio area uh and I believe that is 117 square feet of proposed added impervious coverage okay so um with 117 square feet of additional impervious coverage there's no requirements for um storm water but could you talk about where those gutters are going to be going I notice that on the photos the gutters go underneath the ground do you know where they go to in the rear yard where do they go to now and where are they going to go to I don't know where they currently go to I don't know they to the city okay the on in the re get to the front they all into City yes she's both swor what's thator okay the question was I wasn't sure if they were both sworn in yes right okay right good thank you um Okay so um so I I don't have any um any further questions it looks like there's um gutters that you have going down into the same place we would be tying into the same subsurface piping that's uh that's there currently um and since we're not expanding the footprint of the house in any significant way you know even though there are taller and different roof forms on it the the amount of overall surface area that we're covering um and the rain water that's going to come off of that is is similar so we weren't proposing to do anything different we would tie into the existing lader pipes that are there now okay and I have I have no issues with that so GL I questions on it okay um one of our standard conditions is that uh we require you to accept all the conditions on the engineers letter which I hope you've had a chance to see yes uh is that acceptable to the applicants uh it is the uh you know in in looking it's in the package of reports M yeah it's in the package of reports I think it's page I mean starting with um with number nine um on the the engineers list applicant does not appear to be removing any trees as part of the OS plan uh and and as it currently I'm sorry I'm having can you speak a little louder sure um item number nine on the engineers report uh uh spoke about applicant does not appear to be removing any trees as part of the proposed plan uh and so and that is correct we are not no no trees are being proposed to be removed so there's no issue from that end um item number 10 uh the applicant should be aware of their responsibility to repair any damage to improvements within the city right of way including but not limited to the curb and asphalt caused by construction activity with the installation of the improvements and not an issue from that condition uh the applicant has not included on the plans the utilization of soil erosion and sediment control measures uh for the duration of construction um and it it's not necessarily I guess saying as a condition um basic uh basic soil Rion and settlement control details would be included as part of a uh building permit application in the plans that uh we would be providing uh number 12 the applicant shall remove all excavated and excess soil from the site and shall not use excess soils Elsewhere on site uh and there's no issue with that that condition either uh item number 13 the applicant shall be aware that if storm water runoff damage problems occur on their property and or neighboring properties because of the construction of the proposed improvements it is the applicant's responsibility to remedy the drainage issue uh again not an issue uh as a condition of approval uh sign digital plan shall be transferred to the city of summit for use in updating the gis database for the property coordination with the city's engineering department shall be the responsibility of the applicant after the application is approved by the city in prior to the issuance of a certificate of occupancy uh also no issue with okay so you have no problem accepting this report okay uh any questions from the board members I I do um yeah he had his hand up first I just want to uh wonder what kind of M material is going to be used the same existing material will be expanded uh I mean the brick sizing or are you planning any [Applause] changes the proposed materials are so we have existing brick veneer that would remain uh and be uh washed or painted in the same color as the proposed side to make the house look consistent you know in its entirety as opposed to being two separate colors of the red brick and then another siding uh so the proposed materials are the existing brick that would be washed um a 7in exposure uh Hardy plank pre-finished cement board siding uh painted AAC uh trim for all the exterior trim uh simulated divided light Windows uh on the outside and uh and then the uh the proposed gutters and leaders are uh potentially a darker color pre-finished aluminum and then the roofing would be uh most likely a uh an upgraded uh slate look asphalt shingle thank you um I had a question about what appear to be sort of third story windows I and I just don't see any plans for um this window or this window can you tell us more about that space and um sure we don't have anything in our M okay packet about it uh they are they're purely decorative uh so the window that is above in the peak over the garage area in the bedrooms um in the the construction plan we would be overring that roof over the lower smaller hipped roof that's there currently just aesthetically to hide it and give it a consistent character uh so that that window would just be an unfinished attic space u or actually it's not attic space per se because it's filled with another roof inside what's the height of that space uh the height of the attics space within the existing is under 4T tall it's a very shallow okay and what about in the new uh it's a very shallow shallow low hipped roof that would be concealed with inside of that overring uh and then in this space up above at the top here um in this area when we look from the side elevation uh that that does not it's this this is the primary bedroom suite here there is uh on the floor plan for that this is a wind this sidef facing window is in the primary bedroom suite the there's an 8ft plate height from the second floor and then the ceiling line pitches up to create a a Ved ceiling within the master bedroom space um and so there is no again that that Dormer is purely decorative from the exterior to balance out the roof and provide another point of interest to pull your eye upward on the house uh so there is nothing uh behind that Dormer and this window from the side uh is is directly exposed into the the high wall in the master bedro that's this window here um uh on the left side yes that is that is the left side elevation correct but that's not still not explaining the front I'm not I'm not understanding about the one in the front like that's not on this drawing anywhere that window is on this drawing but we don't have correct because that that window does not function as bringing light in it's it's covered over it's a dummy Dormer essentially and so that within this space these are the windows of the primary bedroom suite and the vaated ceiling goes up into this peak and then comes down this is purely an overframe Dormer on that roof so it would not show up in in the floor plan because it doesn't it's not coming into that room and there is no on a a consistent kind of two-story home where you have maybe a large attic space above the ceiling that's that's not the case in this area this this is the 8ft plate height at this Gutter and as this roof gable roof slopes up that forms the vaated the underside of that is the Ved ceiling of the primary bedroom so it's it's essentially a false Dormer onto the that's yeah okay yeah there is no there is no occupiable attic space or upper story above this space m is that little window over the front entrance is that on the stairwell this window here no that window is in the um that window right the corner that window is in the uh all three of these windows are into the primary bedroom suite yeah the stairwell is set further back in so there's really no way to get any lighter window into there back to that addition over so you're going to have basically you're build in a rain yes all that aspht the shingles were staying inside REM the shingles will most likely get removed just kind of not good to leave them in from a construction standpoint but yeah the sheathing the sheathing or portions of the sheathing and the Raptors just from a cost standpoint since there's no kind of usable space there and there would be no way to access that space um and they have a large basement under the left side of the house um so that yeah that is purely like you're saying a rain roof or almost a hat on top of the existing roof that's there this this really is not a requirement it's just a suggestion that you that you let the local fire officials know that that's that roof is inside okay vent the bigger roof it's not going to help right underneath yes in in the yes definitely and hopefully they saw these PL any so they may not know that Tom yeah go ahead C okay uh just a couple questions the um zoning officer asked for some testimony that foras the app to provide a survey of the property your sheet A1 does have a survey Which is less than a year old so I'm wondering what the zoning officer is looking for to okay the only thing that I could ascertain from that was potentially um just a a separate hard copy of of the sealed survey separate from what we had scanned and used as an an underlay in our plan uh and we do have a copy of that survey can maybe submit that just in case that they we'll make that a condition does does this survey show the distance from the rear property line to the house when you say this survey you mean page A1 it shows the side yards doesn't show the front gives the building envelope it doesn't show the line the rear yard to the back of uh yes because it was such a long distance and so far away um it's listed within the zoning table but there's not a dimension I haven't listed a dimension line on there I'm just my I'm just going to be very careful I I trust you but you got to verify that's sure yeah and we can add a uh we can add the the rear yard uh existing rear yard setback is 237 ft and the proposed is uh with the little bit of addition to the covered Pao was 234 Point Stills but maybe that's what they were talking about the survey you know dimensions are missing something like that yeah we can put a proposed dimension on there to our new our new footprint and the other question I had the zoning officer also asked for testimony on measurements SL dimension for the elevations but one of your drawings at least had the El elevations and I think maybe they had just missed that because yeah we specifically calculated the grade plane and then that's how we got the proposed height to the highest point of the peak of the roof um and so that Dimension is on the the exterior elevation so you did provide testimony it is on the elevation side correct yes okay a couple clear the zoning officer had also asked for Testimony that that the well shielded AC unit is well shielded um and it sure was this afternoon but but but somebody has to testify to that um and I'll let the I'll let the testify to that since they are in the house yes uh the AC currently yeah yes the AC currently is well shielded and thank to do that um and and I know again I know the answer to this but let's let's get it on the record that on your elevations the dotted lines are the existing roof lines that is correct which is always really helpful to see thank you um and just finally when you're talking about the color that the the bricks and the Hardy plank are going to be is there been it it it it sounds like perhaps there isn't a final decision but you got a sense of what color we're talking about there isn't a specific decision in terms of of color just that there wants to be kind of a consistency between the brick and the S okay I'm going to try something here does anybody have any other questions that would affect the engineering department okay then Marie can we can excuse you to go on the New Providence okay any other questions for the uh the architect anybody in the audience have questions okay I don't see any um any other Witnesses or is is he the only one Witnesses okay um now I'm supposed to ask the public what they think of it again no one here to answer that call uh at this point we uh we'll move into uh conditions number of votes and then executive SE absolutely so we have two conditions as already discussed first is our usual compliance with those conditions not in the board Engineers memorandum and then second that the applicants will provide that copy of the survey um of the property this is just see variances involved so we would need four votes to approve the application okay moving into executive session who would like to kick it off I will okay um I'm happy to support this I mean I did walk through around the property it is definitely a difficult project to try to figure out how to expand it it's a small house um I don't think you're asking for anything that is you know um outrageous I think it's going to look nice with the other houses on the street um and even incorporating sort of modernizing the split level look it looks that looks great so um I I too can support this one um as the Forester noted the property's are very well shaded or screened to the to the the left um the double lot and on the right you've got the the next door neighbors driveway to give you a little extra buffer to get before you get to the next door neighbor's house so that this modest addition isn't going to impinge on on the neighbors and I think um given the limitations of the property it's a pretty elegant solution to to adding some additional living space yeah I'll just add that the size and massing is consistent with the neighborhood and I I think the property can accommodate it without any any hardship or any negative impact on any of the neighbors anyone on this side like say any if not I will say that uh there I don't see any negatives to this um I see the U the potential for some positives that they've uh have outlined uh which should uh be helpful to uh uh the neighborhood and um they should have an enjoyable house when they're finished with it so uh based upon what I've heard I would accept the motion to approve the application I motion second you okay is Allison going to be voting on the application this evening so we should have a motion just come from a voting member I'll make a motion to move this you okay second the motion Mr Yuko yes Mr Nelson yes Miss Don yes Mr Kieran yes Mr Malay yes Miss to yes chairman Steiner yes the motion carries congratulations thank you the resolution will be done in about a month we have uh four other three other cases that are an administrative status um we'll start with uh Peter and Kristen TL uh who have requested that we carry it uh can you uh outline what went on there sure so they they had asked to carry the application because they're not ready at the current time to proceed uh they're re-evaluating what they want their plan to be um they're considering some expansion as well um so they asked for an August 5th carry date okay well that was what they said when they asked for today correct I mean is it that the architect hasn't finished the plans or I haven't gotten any further update other than there still I thought there were Carri was September in the notice that we got I think it was a different site that was August 5th was it not I'm just going to check my email here one second no it's August 5th yeah I think September may be West End September 4th was West End okay correct how do we think about kind of multiple changes and taking spots from maybe other people ending up tonight just one versus we've discussed this and U haven't really come to a consensus on it again the people have to have it doesn't the only thing we could do is we could reject it out of hand as I understand and if we do that then they have to refile with all the fees all the escros all of that over again and that might be a little bit orous on some people and is that what we want to do um so like they have an application in the midle if they show up and they don't have all the stuff that they need they would show up they would make half a half a case and say we need to adjourn this case uh till we can have the rest of our architect whatever it is that they can do so I think we're sometimes better off letting them postpone it and let us hear the whole case in a shorter period of time I okay for this this case 10 Waldren what was the date of the first the first time Stephanie um it was early spring it was jly it was either March or April I'm not I have to look for so I mean my my concern with this is one we know it's already I I don't know if it's completed with the what the project was um the original one not the one that they want to expand it was completed they had a stop order right it mean is and then they had to file the application um it's completed I don't even think there was a stop order it was completed okay I I couldn't I don't know what happened inside the house well was it completed or maybe the work was the D there the dorm was there so I'm not sure what's what's without permits right and then they that and then they tried delaying it because they're saying that they want to have get some more work done to to apply for to add on to the application and we discussed it we were not happy that they didn't show up the first time to ask for a carry um now they're not showing up again you're saying like if we reject it there's going to be fees what if I mean we just what would happen if they we we rejected say they do are here and we rejected it what fees would they have anyway they'd have to rever what are they going to do if they already built the structure that was not they would have to pay the the filing fee and the escro fees with the zoning board once again but what's the penalty what's the penalty for doing a project that you didn't get the the penalty is well it could be enforced from a zoning perspective while the application is not submitted but as soon as the application is submitted enforcement is stayed until the board hears the application but and I just want to also point out keep in mind that the fact that the work is complete versus you know they're yes they're asking for variance relief after the fact as opposed to coming in applying getting the approval and then completing the work that should not be held against the applicants the board is to weigh the applications as they come regardless of the exact status of the property I know it's a bit strange but that that's how the board's decision-making process is to go is there a statute for that because I'm just a little confused about the purpose of the board if anyone can just go and build what they want and then come to the board and say I need a variance I built it like that's kind of I feel that's very sticky we can make them tear it down we can also turn them down and make make them tear it down or refuse to tear it down the uh zoning officer cites them and they go to court correct well I was going to say could we give them a hard stop I mean you are coming in August 5th and if you haven't figured out what your plans are going forward you can come in again a second time when you do but you got to talk to us about this that's an option that's an option yep I make a motion we do that second do they have an attorney involved no don't believe so so you would be talking to them sure okay uh is that an agreed consent we need a motion to do that or we have the motion from Mr Nelson and a second from Mr Karen so you add the condition of the can can I just ask I just want to hear that one more time what we what are we proposing do well I mean what they've been saying is oh we may want to ask for other stuff in addition to the initial proposal and what I'm saying is on August 5th they show up and if they don't have final round two with them then they just got to deal with us for round one and they'll have this will be the this will be their final hearing on this application yes and if they don't we would then if they don't show or they don't uh have yeah if they don't show the board could dismiss the matter at that time because they would fail to prosecute their case if they do show up and they don't have the plans ready for any additional work or variances um then the board would only hear them as to the current plans and if they wanted to go for that additional relief in the future they would submit a new application you said it so much better yeah as long as long as it's explained that way to them I they need to be re for sure but but it need add that to the motion yes we just added that to the motion is this is that okay yeah question is this specific to this case are always you can only um Carry three times for other cases there's no limit the bo There's No Limit okay so we're just putting a limit on this actual cor application okay yes that's our prerogative yes because we're a little unhappy with and and maybe maybe it's simplicit but can we make sure this gets in writing to them just so there's no confusion yes our attorney will make sure that they get it okay and knowing Andy will probably I'll probably get a copy along with everybody else okay is there there is a motion with the additional um information that Andy will add we need we have a motion and a second yep then we need a roll call sure okay Mr Yugo yes Mr Nelson yes Miss Don yes Mr Kieran yes Mr Malay yes Miss to yes chairman Steiner yes the motion carries okay next one is Bristol Meyers squib which was supposed to be here today but they're not we asked them a lot of questions that they answered apparently in front of the planning board but not in front of us and they have to get all that information back together again to uh be able to present it to us and they were not ready tonight as as I understand it um they have asked for August 5th August 5th fun night on August 5th um uh upon but doesn't fall fall into the same case as these other folks they uh they're diligently following up and trying to get everything we've asked for so I would hope that we would be willing to uh give BMS the opportunity to get their case together on August 5th and we'll look for a motion to do so yes so moved is there a second I I'll make a second okay we need a Mr Yuko yes Mr Nelson yes Miss Don yes Mr Kieran yes Mr Malay yes Miss to yes chairman Steiner yes the motion carries um I'm going to handle this but I will be excused on this case uh which is 77 West End Avenue I was the last time it came up and I will be again but uh they have uh if you would explain where they what they've asked for and where we are with her sure so they're currently they're located in a flood plane so they're having some trouble I guess coming up with a plan that will work so right now what they told me is that they have made some changes to the original plan including removing the garage Edition and they've eliminated the rear two-story expansion they're presenting a car port that will not impact NJ DP approval um so I guess they need some more time to just kind of get everything together a little further so they're making significant changes so should we require them to Ren notice again I know they Ren noticed once already would you red do it again yes so if if those if those changes impact the variant relief that they're asking for then new notice would be required and I don't know exactly what the plans have and what the impact on the variances is but it's also within the board's discretion to require that new notice if you feel the changes are significant enough when you say if it's changing the variances they're asking for so if I mean does that include reducing the number of variances they're asking for if everything is entirely being reduced then no it would not be required but if there's any excess or any new variances that were because I know unfortunately this has come up with the whole Port cocher thing that carports are prohibited so that would probably be a new variance ah yes I feel so sorry for these people yeah it is yeah I think she at least at least the carport y yeah because you're going from a garage to a carport so they're probably trying to use the garage space for their house maybe I I hate to make them do it again because they're ready they were nice enough to they agree to re notice once they're ready but Le goinging my notes I have my notes anyway what's the advice of our attorney well we would need a mo a motion to um Carry carry it with noce whatever decision you want to make on the notice um would it be possible to have a conversation with them about that to to you know unfortunately the carport would require Ren noticing and based on that do do they want they can decide if they're Ren noticing what kind of variance is a carport is that D variant because it's uh just because our code specifically says carports are prohibited it it's considered a c variance um I think it'd be fair I'd have to double check on whether that but it would be a separate variance from what they've asked for which it does sound to me like would require a new notice if it wasn't ever listed before in the noes I was going to say I think it'd be fair to have that conversation because they're wrestling with some challenges here and they may come up with some other creative ideas so why continue to go through this process we can say that our motion is without notice unless the applicants Look to You Know add that carport in and require additional variances in which case legally they're compelled to provide new notice I'm going to throw something out here um wouldn't can I wouldn't the zoning officer let them know that carports are are not allowed so we wouldn't even have to go down that route more like a technical review like maybe the maybe the applicant should meet with a technical technical Review Committee because it is such a challenging project down there and say this is what we're looking at and then the zoning officer could say well that's not allowed so don't even go down that road they can always ask for the relief of course they can but I think if I think if the zoning officer guides them a little bit if that's the only option then you apply for the relief if there's something else they can do we don't have a zoning officer right now well we have don't we have an agency that's covered for them we have a consultant yeah consultant so somebody's doing it it's just a thought I don't know if that's something somebody could do it yeah yeah if we want to go down that road or not I would just hate the cities people go oh we're going to do this and then we hit them with the application fees again and then we tell them oh car ports aren't allowed and it's like you know it's almost like we're maybe I'm being too lenient but the other side of point a catch 22 because then the city is kind of doing the Consulting for them like they probably need to hire somebody that's going to look at our code and make sure that they're they're asking the questions as opposed to us their architect has done a lot of work in Su before yeah their architect should should know this their architect has done a lot of work in some who's the architect again I forget what was what was the reason why they got left the idea of doing out of barley I can't it sound of like it was njd no that that that that's that's not so you brought it okay I found it because I know 107 um just up the street a bit uh that was my grandfather's house I sold it to the people who are there now and they built a garage in the back of the property well they have a drain in the back and that might be I think that's what they it's on the same side it's on the same side of the street it might be the way the stream runs in the back maybe closer to the house than your grandfathers who know I mean who knows we don't know but apparently it's a flood zone issue yeah so then that goes D yeah but uh 107's in the flood zone too um they want to discharge our second July meeting and I think that up then after we have to make a motion tonight since it's on the agenda tonight and it was carried until tonight so okay I'm just trying to figure out a way we can talk to them in between but this one's for September right this one's being carried to sep Andy what would you what would you recommend what youing so like I said before we could say it's being carried without notice unless the plans change to the extent where a new variant is required and legally they have to provide notice at that time yeah and let them know that a carport yeah is one of those they decis and the date they're going to is September 4th have to do it I I recommend we follow our our attorney's advice yeah I I I agree with that yes I I I as to paraphrase Mr Nelson here I make a motion to do what he said second okay sorry you get to write on okay Mr Yuko yes Mr Nelson yes Miss Zan yes Mr Kieran yes Mr Malay yes Miss to yes chairman Steiner yes the motion carries okay there are resolutions for memorialization I kind I ask a question about notices so they they only get a notice when they file the application they have to send out the notices is there a date at that point they don't have the date for the hearing or they do they they're provided the date then they send the notice at least 10 days ahead of that date to all the property owners within 200 ft and all the ired parties um that there will be a hearing on whatever the date is and then they carry from there the board can decide to carry it without further notice as long as it's during a public hearing so every time they carry and they not get new notices unless the board requires it correct okay so I mean technically you could get a notice and say oh I'm really interested you know want to speak up at the board and you don't know you're never notified that it keeps getting carried and carried you're supposed to be here you're supposed to be here the first night it comes up and then you're if it it's carried you learn that from our resolution and it is it ALS it's also listed on the website the dates where it was scheduled and then carried to a new date and usually people with interest in the applications they do end up either coming to city hall or calling me um so they are in communication with us okay so like you know some of the ones that the last minute carries that stuff is is it's post on the post on the website the next day mhm okay and what order are they on the website are they it's not like trying to S like you can't search as nothing yeah it it needs to be kind of revamped a little bit I used to take them off but now I've been told to kind of just leave them on there so that everyone could kind of look through them but what I could do is I could sort it in a way where the most the ones that are going to be heard are at the top and then I'll I'll move them around thank you thank you problem yeah okay so we're going to do the resolutions for memorialization starting with 235 oage yes so first we have 235 oage Avenue that's block 5105 lot four zb- 24-22 39 Marcus um no what is her name and the people who vote are hold on I'm sorry jacine jacn yeah I don't know why it must it auto corrected to jacqu on here and I knew that wasn't right but anyway Marcus and Jaclyn richani the eligible voting members are chairman Steiner Vice chairman lits Mr Kieran Mr Malay Miss to Mr feskin and Mr Chan Chuli can I have a motion to approve Mo okay and then I'll take was that Mr mle yes okay chairman Steiner yes Mr Kieran yes Mr Malay yes Miss to yes Mr Chuli yes the motion carries the next one I have is two kings Hill Court that's block 30005 Lot 21 zb- 24-22 41 Aaron and Lindsay Brit Bell the eligible voting members are chairman Steiner Vice chairman lyit Mr Malay Miss to and Mr chanul can I have a motion for approval so and a second second okay chairman Steiner yes Mr Kieran I oh no you're right okay not Mr Kieran Mr Malay yes Miss to yes Mr Chan Chuli yes the motion carries the the last one we have is 15 Caldwell Avenue that's block 3602 Lot 8 cb-2 2-21 32-2 Robert and Marina a aisian our eligible voting members are chairman Steiner Vice chairman lits Mr Kieran Mr Malle Miss to Mr fkins and Mr chanul can I have a motion so and a second second okay chairman Steiner yes Mr Kieran yes Mr Malay yes Miss to yes Mr Chuli yes the motion carries so finally I have our minutes for approval we have two sets of minutes um our first set is for the special meeting that was held on June 10th um we will exclude those who were excused from that evening which were Mr Yuko miss chfo Mr Kieran Mr Malle and Mr Chuli do I have a motion make a motion move second okay all those in favor I any any opposed okay the motion carries the next one we have are minutes for June 18th will exclude the members who were excused which which were Miss Don and Mr feskin can I have a motion so moved second all those in favor I any opposed okay the motion carries our next meeting is July 15 move to adjourn okay and a second I'll second that one all right I have three seconds would to take Mr car one we're not going to debate it all those in favor all those in favor hi there we go did did you have the most recent 15 well or no have no idea a all right so then sign M that's going to be the one we make up for a