yourself. Sure. Good evening and welcome to tonight's meeting of the zoning board of adjustment of the township of union which is being held pursuant to the open public meeting law C231 laws of New Jersey dated 1975. Notice of this meeting was
advertised in the local source the newspaper of record and notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office. Roll call. Mr. Wy is absent. Miss Martins here. Mr. Benovanga present.
Miss Scott here. Mr. Johnson here. Mr. McNeel present. Mr. Graves is absent. Miss Rickettts here. And Mr. Champion here. There being a quorum present, this meeting is now declared open. Are there any communications? Uh, there are no
communications, Mr. Chairman. And our first order of business this evening will be the adoption of a resolution for calendar number 3451 J. Menddees located at 2346 Springfield Avenue, block 4707, lot
14.01. Applicant wish to construct an addition with insufficient setbacks. Board members, you've all had a chance to read the resolution. At this time, are there any board members that would like to comment, make changes, or modifications to the resolution as it
has been written? Hearing none, may I have a motion and a second? Mr. Chairman, I move that this board adopt the resolution as written and as accurately memorializing the previous findings of this board. Second. Roll call.
Miss Martins, yes. Mr. Bentega, yes. Mr. Johnson, yes. Mr. McNeel, yes. Mr. Champion. Yes. Our next order of business again is an adoption of a resolution for calendar number 3454 Overcomers ABA Services LLC
located at 1370 Morris Avenue, block 1303, lot 7 and 29, Office and Training Center for ABA instructors with on-site parking. Again, board members, you've all had a chance to read the resolution.
At this time, are there any members that would like to comment, make changes, or modification to this resolution as it has been written? Hearing none, may I have a motion and a second to adopt the resolution. Mr. Chairman, I move that this board adopt the resolution as written and is
accurately memorializing the previous findings of this board. Second a motion. Roll call. Mr. Bentega, yes. Mr. Johnson, yes. Mr. Martins, yes. Mr. McNeel. Yes. Mr. Champy. Yes. Our next order of
business is calendar number 3453. Location is 809 Valley Street LLC, block 4801, lot 20.02. Applicant wishes to construct a
one-story storage garage. Councelor. Good evening, chairman and members of the board. Natasha Montalvo on behalf of the applicant 809 Valley Street LLC. Um we are here, sorry, this is really loudly. We are here seeking um a D1 use
variance. Um the applicant is seeking to construct a 2400 square foot uh garage. I just want to clarify there might be some confusion. It is not going to be a commercial garage. The applicant lives on the property next door and it's
basically an oversized residential garage. Um, he has other items that don't fit in his current garage like lawn mower, um, outdoor water, sport activities, extra cars. He's just wants to build a garage where he can store his
items that anybody keeps in their garage at home. um uh uh because it's a standalone property on its own uh a garage is not a permitted permit principal permitted use. So that's why we're seeking a D1 variance. And with that being said, I
would like to call our first witness if there are no preliminary questions. Just for the record, council and chairman and board members, I did mark A1, the application as it was submitted with the supporting materials. Uh A2 is the site plans prepared by Mantara. Uh
design consists two pages. So that's A2 and A3 is the architectural drawings of Jose Janeiro uh dated November 26, 2024. Also two sheets. So A1 through A3. For the record, can I ask the witness to swear or affirm that the testimony you
provide this evening is the truth and the whole truth? I do. And for the record, could you state and spell your name with your business affiliation? Sure. Uh legal name is Giovani. G I O V A N I last name Manilio M A N I L I O.
Um the uh site engineer with Mantara Design Street address of 62 Grove Street, Somerville, New Jersey. Thank you. Can you go ahead and give the board your credentials? Uh sure. So I have a Bachelor of Science in uh civil engineering from Syracuse University.
I've been licensed in the state for the past 16 years. Licensed in good standing. uh testified in front of numerous boards in front of the board. The board will accept his credentials. Thank you. Go ahead if you can take us through the site plan. Sure. So I I think we're left off at exhibit A4. So I
have one new exhibit for tonight um entitled 809 Valley Street LLC aerial exhibit with today's date um as shown on the uh screen uh which is an aerial of the vicinity with the property highlighted in yellow. Uh so as as mentioned the
property's highlighted in yellow in the middle. known as block 44801 lot 20.01 located in the RA uh residential A zone. Uh as you can see the property is a flag shape uh with approximately 56 ft of frontage along Valley Street and then along the rear
there is approximately 136 feet of width and the property is approximately 355 ft deep u from Valley Street to the uh boundary and municipal boundary line. Uh currently the uh property I'm not sure how visible it is obviously.
Yes it is is aerial. Um there is a gravel driveway that leads to the back of the site with a larger gravel I guess parking area and then two um kind of like sea containers in the back and as condition of this approval we will remove those two containers. And as you
can see that that's being utilized for storage right now. Um if this application does get approved those containers will be removed and items from there will be moved into the garage. Uh we did review some historic aerials. So it does appear that this property was actually used for storage
um since the 60s. Um some um surface storage. So we're not sure exactly what the storage was, but looking at the aerials, there was always some type of gravel or pavement or some type of storage on the lot itself. Um property is also unique that it's it's located in
the RA zone, uh but it's surrounded by uh numerous different uses. Um, so directly uh to the east and west along Valley Street, they're both residential uh properties. As you go to the the rear of the site, there are actually more of a a storage uh or construction storage
lots on either side. Um you do have the Audi dealership in their parking lot uh further to the north, I mean to the east uh with a portion of it being in Milbourne. And then across the street there is residential and also a church um located there as well. Uh the site is
generally flat as you go from Valley Street um till you get to pretty much I would say twothirds of the site and then once you get from there to the um it's the uh east branch of the railway river it does uh dip down approximately 8 feet. So it does dip down at the back u once it goes to the embankment of the
river. Um property is also located in a flood hazard area with a flood elevation of um or designed flood elevation of 11.3 and that not showed on this plan but on our site plans that flood elevation pretty much comes to the um I guess the the flag staff of the lot um
essentially where my cursor is right here and that kind of limits what the site could be utilized um as you you can't have residential located in a flood hazard area below the flood flood elevation um commercial kind of makes sense or some type of nonhabitable U
storage space makes sense for this property. I will now turn to our site plans. Um you want that submitted as part of the application. Sure. What's going on here? It's loading
or uh so what's being proposed that's shown here in the the gray in the middle of the screen is the proposed one-story 2400 foot private um garage. um a portion of it, approximately half of it will be over the existing gravel uh area and the other half will be in the
current lawn area. Um as mentioned earlier, this will be used for private storage for residential uh purposes. Uh so speaking to the applicant, the type of items stored in in the garage would be uh vehicles, cars, um jet skis, lawn equipment, um and and him and his
brother do have a boat as well, so there might be a boat that that's stored in the garage as well. Um as far as the bulk standards are concerned that the property and the proposal that's being proposed conforms with all the bulk requirements in the zone. Uh the only request that we're
asking for is for the use of storage um which cannot be utilized uh in the zone as a principal use. Uh which we are proposing as a principal use. Uh additionally we are proposing we are showing designation for three parking spaces because there is an area in front of the garage. Uh we thought it would
make sense to designate where somebody could park if they are on the gravel. Um and if you read the code that really the requirement for a storage building only one parking space is required. We're proposing three but essentially it's not going to be striped. We're just showing designated where those parking spaces would be. Dustin it is gravel. Um I
believe your board engineer also had mentioned that an ADA space is is uh required. Uh we don't believe an ADA space is required given the use. Um it's it's a private um residential garage. It's not open to the public. Um it's not a commercial use. Um and so there is an
exe exception in the IDC for um what it says is detach one and two family dwellings, their accessory structures and their associated sites and facilities which we would um classify this as an associated site or associated accessory structure that's tied
to I've mentioned earlier Mr. uh Quino or the applicants uh residential lot is located right here. It's directly to the west of the property. Uh additional improvements that we are proposing uh we are proposing a dry well uh in the rear of
the the building shown right here and that's to capture any increases in previous coverage. It's a minor increase. It's not considered a major development. So that's been designed to capture the the roof leaders from the um proposed garage. Additionally, we are proposing two light fixtures uh one over
the U garage door and one over the man door mounted at 10 ft. Um and they're going to be um building mounted. This picture loads up. There's a picture of the light fixture. It shines straight down so it doesn't shine out towards the
neighbors. Why it's not loading, but give it a second load. And we did do like I said light calculations and it the limit of the the illumination is solely within the gravel area. It doesn't go past the gravel area. It doesn't go to any neighbors properties as far as the
illumination. Uh lastly, we are going to be submitting we haven't submitted to D yet. Uh since this is a used variance, uh we wanted to verify that we could get the approvals from the uh the local board first. Uh but as a condition of approval, we will be submitting to D for a flood hazard permit. Uh the project
has been designed with flood vents. Uh so the building is not habitable. Um so per D's regulations as long as you allow the water to come in and out and not um displays any flood volume. Uh you're permitted to do so and we have that designed properly to do that and the
structure will be designed to not um obviously float during flood events. Um, also speaking with the applicant, I did think he he spoke to, obviously this is just hearsay, but he did speak to his neighbors in the past 40 years, they they've never seen the water come up that high. But again, we will comply
with all D regulations. And that concludes my uh my testimony. Thank you. No further questions. At this time, are there any board members that would like to question the testimony that Mr. McNillio has
provided? I have a question. Um, I have a question. How is this structure uh going to be built? Uh, stick built, module built. I'm probably going to throw that to the architect. I'm not too sure. We have our architect. Let me answer that. Yeah, I think my question may go toward the
architect um talking about services to the to the facility. Yep. I think he can speak to it. I believe from my recollection there will be no plumbing. Um if anything it'll be just a lecture. Okay. So yeah that's my question goes to Yep. He can verify it but that's my
recollection for conversations. Any other board questions at this time? Are there any members of the public that would like to question the testimony this witness has provided? Yes. Now I'm going to ask you to just his
testimony. You can only question his testimony, not comment. Oh, okay. Okay. Okay. Can I ask the engineer, you're familiar with the professional reviews? Both Collier's uh dated May 6th and then the
fire department has some pretty extensive comments. Yeah. So, as far as Kier's review letter, I believe we applied with everything. The only exception was the um I believe there exception in the IBC regarding ADA parking, right? I noted that for the record, but the fire department, you
mentioned there's no plumbing. I don't know. So the architect will testify to that. Okay. That's related to uh building code. That's what I figured. Yeah. But from an engineering perspective, other than the ADA space, which I would recommend to the board, so long as the condition is that it's
private and not a commercial use, uh probably is something that you could deem to be a waiver. Uh I I have a quick question um regarding the dry well. Um, that's going to collect it. Did you
size it or is our engineering department going to size that? Uh, we did size it, but it's going to be obviously up to the improvement. Okay. I just wanted to make sure that's going to collect all the rain water and then dissipate into correct. And any overflow would go towards the the brook, not to the
neighbors. Okay. And uh, one of the last questions I do have is you said it's in a flood zone. Correct. Will it be built according to elevation? And it might be raised a little bit or uh no. So since this is a non-habitable building, okay, uh there'll be flood vents and those flood vents, there's a certain amount
based on the square footage uh that allow the flood waters to come into the building and then all the utilities would have to be raised any above the flood elevation as well. Thank you for the clarification. You're welcome. Sure.
Want to just state your name and your address? Thomas Gray. t h o m a s e n e gray g r a y 801 valley street in box hall. Uh you had mentioned that you were going to
put in three parking spaces. We're we're showing a designation for where three parking spaces can be. Yes. Okay. My my concern is there there are lots of trucks and cars back there now. Does that take into account that the uh parking that's there now or are there
just going to be three parking spaces which means you can only park three cars? No, I mean that that that area can be utilized as the applicants using it today. Um as long as So what are the parking spaces for if if parking is going on already, right? Why would you
have three additional parking spaces? Uh so by the code of the ordinance, there is a requirement that you do have to show at least one parking space. Uh we showed more than one to show that we can comply with the requirement. Uh essentially the idea is that most of the cars that are on site now will be parked
inside the building, not outside. No, that's not going to happen because two of them are carriers. You can't park a car carrier in a garage. Yeah, I'm not too carer. I could ask the applicant. That's part of my concern is that a lot
of traffic is going on now. I live there. I have to sit on my deck. I see trucks going in and out. and it's disruptive to my day. I want to make sure that the car I don't mind I know that progress goes on and I don't mind
cars and trucks going in and out, but I don't want to see a car carrier or two going in and out past my deck when I'm trying to sit there and have a a pleasant day. I just don't want to see that. So, I want to I want some restriction on the types of cars and
trucks. No, those those are all fair questions, ma'am. This is Rob Pansul, the board attorney. Uh, I don't know if the engineer are you going to put the representative on too because one of the comments of Collars is what exactly are you putting in this unit and is it going
to replace what the neighbors are looking at now that's sitting on the lot? You know, the understanding as I read this was you're building the structure to get some of that stuff into the into the structure and then the neighbors don't have to look at what's on the lot anymore. Is that accurate or?
Yes. Can I No, I don't mind I don't even mind stuff on the lot right now. I just don't want to see big Right. I noticed that on Valley Street because it's a narrow street. When those car carriers come in, they have to stop traffic on both sides of the street just to turn the corner to get it in there. I don't
mind trucks back there. I can't see the noise. You're getting the attention of the code enforcement officer. Yeah, I was just going to say Let me let me just chime in real quick. I spoke to the applicant. He said that the big car carrier trucks, those are not his. They're his friends. When my applicant
was traveling abroad, the friend asked if he can park them there temporarily. They are not going to be there permanently. They're not going to be parking there. And we if if you can put that in Yeah. No, I'm going to note for the for the resolution, his car that will be there every day or anything like
that. It's just a temporary agreement. I'm taking what the engineer said. It's not a commercial use, which tells me, and I think the expectation is the applicant who lives next door is going to be using this for his own personal purposes. He's not renting it out.
You're not going to have a number of contractors dumping stuff that the neighbors would have to deal with both visibly and then with traffic concerns and other details. So, uh, so that's a good point, ma'am. And I've noted it for the record. Thank you so much. Yeah, and we're okay with those conditions. I
speak to the applicant before. no commercial use, no rentals, um, and no hazardous material inside. But that that's her comment is a good one. You would have to admit, yes, you know, it's an attractive situation for anybody. You know, space is at a premium for we've
dealt with it on other properties in this town with people trying to store trucks and trailers and there just ain't the land to do it. So, it's not easy. And a residential zone is not the spot to do it. Residential purposes, no only. No commercial use or anything like that. So, noted for the record.
And I and I would say for the record that if uh the neighbors uh Miss Gray, you can always call the uh building department and we will I will send somebody out to take a look if it if it's beyond what it should be.
Are there any other members of the public that would like to question the testimony this witness has provided? Hearing none, counselor, your next witness. Yes. I would like to call up the architect, Joseé Janeiro. Can I ask a witness to swear or affirm that the testimony you provide this
evening is the truth and the whole truth? I do. And for the record, could you state and spell your name with your business affiliation? Sure. Jose Janiro, Gen N A R O. And I'm a registered architect and planner in state of New Jersey. My uh license is current. I have
my own practice since 1995. The board will accept his credentials. Thank you. Are you offering both architectural and planning testimony or just just architecture? We have We have a separate planner. So noted. Can you take us through the plans and the Sure. Thank
you. Um these are what you have is the P1 of two is the elevations. Actually, I wanted to get the uh floor plans first. There it is. Okay. So, um, what we're proposing, uh, is a 40 by60 private
garage. So, 20, uh, 2,400 square feet. The question would ask us how we're going to build this. It's going to be a concrete slab, uh, a concrete block foundation, and a 2x6 wall uh, six uh, framing and trusses at 2 feet on center
that will go span across the 40T. And that's so that we can have a column free space. So, That's uh and we're going to have a center door which is 12 by eight to get into uh the vehicles into the garage with a window on each side and
then we'll have a regular main door on the left side of the garage and three windows on that side as well. So, as far as the um exterior, uh we have a combination on um of vinyl
siding uh fiberglass shingles for the roof. And we have uh some thin stone veneer on two of the sides, the left side and the front of the garage, which are the two sides that you would see as you approach it from the driveway or from my client's uh backyard. You'll be
facing that the garage. So we wanted to make sure that it was uh aesthetically pleasing that it was just not a structure there. So uh we do have also as mentioned flood vents because we are in a flat zone. Um and
um that's about it. Can can you please address the fire comments that we received from the fire department? Uh yes. As far as that we all I can say is we're going to comply with whatever code requirements are. As far as I'm concerned, sprinklers are not required for this kind of building and this size
of building. Um, so um, if we, you know, whatever we have to comply, we will, uh, as far as the code, you know, so Mr. Jiro, a 2400 square ft building, uh, you know, it doesn't fall into Yes. Mr. Jero, how you doing? Uh, it's Anthony,
uh, Mongusa, the the zoning officer and the construction official. How are you this evening? Good. How are you? I I just wanted to ask you a question regarding the the sprinkler system. Will this building be heated? What's that? I'm sorry. Would this building be heated with heat? No. No,
there's no heating. There's no plumbing. There's that question came up too. There's no bathrooms. There's no no plumbing at all. Just lighting and that's it. Okay. Well, then I I would defer the comments of a sprinkler system back to the fire uh back to the engineering department and the fire
department because you could not put a wet system in or you will have a busted pipe if you're not putting any That's correct. If you're not putting any water coming into it, you know, uh then we'd have a problem if it's not heated. You'd freeze and have a problem. So I I would
ask to have that looked at in thorough, you know, thoroughly again between the fire with along with myself as the construction official um to uh to talk about maybe other options. Okay. I think that's a fair approach. I'll note it as
a condition because you can't ignore the fire department making comments as aggressively as they are. They and one of the reasons they do it is it's unclear because it's not specified what's going to be stored in the garage, you know. So if there's gasoline or or
other byproducts that are a concern for fire fighting, they have to know that. So I agree with Mr. Mongus. So I'll reference it subject to an adequate followup with the fire department so they're
comfortable amending their recommendation quite clear. You're putting a sprinkler system in there. You're saying it's not required by code. You're saying Mr. Monguso is agreeing you might be okay with that, but let's just have the fire department get its fingerprints on that. We can do it as a
condition just so long as you realize if there's some discrepancy with the fire department. It's going to require return to the board if the board acts favorably on the application tonight. And just to clarify, there will be no hazardous material and we're willing to have that as a condition of of Okay,
I'll note that for the record, but you can even have a a lawn mower or a machine that contains oil or gas. That that I think that's probably where the fire department's going. Now, no plumbing and and and no other situation to drive that is is something that's
important for the fire department to know. I I sense Mr. Monguso probably is in agreement with that, but wants them to weigh in. Yes, I would like for them to weigh in because there's obviously Mr. Janeiro knows that there's also building codes that have to be followed and if there's no heat in that building and you put a sprinkler system in,
you're going to have busted pipes and the water's constantly going to run. So, it's something that needs to be looked at. Maybe they could bring a stand pipe or something else in closer to the property to cut down, but I would defer that to fire engineering and myself when you know it sounds like it's a big shed.
Is that you know pretty much it's not and and some lighting inside. Yeah. Couple of exterior lights for I guess access. Correct. Uh one of the things Kier's asked and I don't know if the architect is going to be the one to elaborate you know when and what you're
doing like is this going to be limited you know that the neighbors don't have to worry about anything going on at odd hours etc. you have some kind of constraints on how it's being used just so it doesn't become a problem 6 months from now. So I just put up the uh a rendering so
you can get an idea of the the colors that we're trying to match the um a client's home. Uh can we mark this? Like I said A5. Yeah, that's a rendering of what you're you're proposing. Yes. Yes. Okay. Is that an actual that's just a rendering or that's something that you
built elsewhere? It looks pretty good rendering. Very nice. All right, continuing. Are there any board members that would like to question the testimony Mr. Janeiro has given? Yeah, I do. Uh, Mr. Chairman,
the the lighting um will this uh shed have its own service or is it going to be uh a line run from the primary residence? No, I I think it has to have its own service because it's a separate lot. So, I I
don't think we're we're we can take it from their house from his house. Right. Well, to a to answer some of the question by code, it has to have electric right to the garage because you have to provide a light and an outlet,
right, inside the garage. And that's for if you have a uh garage door, automatic garage door opener, that's the new code. Yes. Yeah. And exterior lighting also like Mr. Manilio does have exterior lighting. So, which leads me to the second question is there's going to be
no repairs. So, there'll be a simple 100 amp service there. It won't be a 220 amp service that can run any power equipment or any heavy duty repair equipment. No, as far as I know, no, it's not not the purpose of the garage. Yeah. Okay.
Just to clarify some things. Um, everything that the applicant has outside right now is basically going to be inside the garage. He's not going to be working on things overnight or making loud noises. It's just like if you go home and you do something in your
garage, it's just a extra garage for him to store things and use for his personal purposes only. Um, I just wanted to clarify that on the record. Thank you for the clarification. Any other board members? I do have a one question now that she pointed that out
because she just testified that there's a lot of cars in the backyard. So, the cars will go where? Because they won't be going in the garage. So, where what will happen with that? They'll just be gone. Well, I like I know I don't know what cars are actually there right now, but I know that the big trucks that were
there will not be there anymore. If I I don't I can ask how many cars that are there now, but I know he has like he has um a jet ski outside, lawn m equipment outside. All that stuff is going to be going in the garage so it's not
cluttered outside out in the open. Don't jet skis have gas? Just like a car. Yeah. Oh, I mean just going back to the fire comments then. Okay. Any other board questions? Any members of the public
that would like to question? Just the testimony Mr. Jiro has provided hearing. None. M. Mr. I just I do have one a question. Um you said the garage door is going to face the neighbor's house which would be Mrs. Gray. Correct. Right. would with south
side. I I believe that's the south side. I might be wrong. Um okay. The street side, the driveway side. You're not uh I guess where the gentleman is standing in the picture, you're not uh planning on doing any plantings, correct? No, that's correct.
Okay, good. I just want to make sure for security purposes. Counselor, your next witness. Yeah, I would like to call our planner, Katherine Gregory. Can I ask the witness to swear or affirm that the testimony you provide this evening is the truth and the whole
truth? Yes, I do. And for the record, could you state and spell your name with your business affiliation? Yes. Uh, Katherine Gregory. Uh, Katherine is actually spelled K A T H R Y N. Last name Gregory G R E G O R Y. My business address is 96ood Plaza, number 350 in
Fort Le, New Jersey. Thank you. Can you provide your credentials to the board, please? Uh, yes. I'm a licensed personal planner in the state of New Jersey. I've been licensed for 25 years. I'm a principal of Gregory Associates since the year 2007. Um, I've represented uh boards throughout the state of New
Jersey. I am currently the planner. The board will accept their credentials. Thank you. Thank you. Can you go ahead and uh provide the justification for the D1 use variance, please? Yes, certainly. Um, so we're here tonight uh to talk about a D1 use
variance for a residential garage. Um, we are located in the RA zone where a residential garage is actually permitted, just not as a principal use. So, we're here tonight because we have this separate lot where we'd like to put basically an oversized oversized
residential garage which was discussed this evening through the testimony uh from our prior witnesses. So, under the purview of a D1 variance, we have to meet two types of criteria. One would be the positive criteria and one would be the negative criteria. In terms of the
positive criteria, we have to show that the site is particularly suitable. What does that mean? We have to show that the site is particularly suitable to the use and also to distinguish it from properties in the immediate area. Now, I'm going to talk about that first. When
you take a look at our property, while there happens to be a property next door that kind of looks like ours because it's a flag lot, that is actually located in the NC zone. We're the only lot in this location that's located in the RA zone on the north side of Valley
that um has this type of configuration and is this large. uh and also is encumbered by the plugin regulations as was discussed by our engineer and also our architect. Uh so when we talk about particular site suitability, we really
wouldn't want to be put in the house on this. Um and typically this is considered to be flag lot. Typically it's discouraged to put residences on flag lots. It does exist throughout the state of New Jersey. Been doing this for 25 years. I've seen it before. However,
it's typically discouraged. So, how are you going to make productive use of this property? The applicant who's already using the the site for essentially now outdoor storage um of things like jet skiis and lawn equipment and the like now wishes to provide a residential
garage to store everything inside. So, it's not uh basically uh open to the elements if you will. Um so, I think that we meet the particular suitability for the D1 varants. Um I also believe that we promote a few of the purposes of
the municipal land and use law. Uh one would be providing adequate light air and open space. We do meet all the bulk of regulations that are associated uh with the RA zone for this application and the building of the structure on the site. Uh so we're not going to impact anyone's adequate light and open space
which is the C. Um, I'm also going to go with uh the efficient use of land as well as uh providing sufficient space in appropriate locations for a variety of uses including residential and um in order I'm sorry, according to the respective environmental requirements.
Um it was testified to earlier that we will be building this structure according to the flood plane regulations uh that are required um as our architect discussed. Um in terms of uh the negative criteria, we have to prove that there's no substantial detriment to the public
good, no substantial impairment to intent and purpose of your zone, plan and zoning ordinance. Now, I would advocate that in terms of the public good. I think this is actually a betterment to the public good because most of the stuff that is now outdoors is going to be stored indoors so people
don't have to look at it. um particularly the neighbor and I do understand there will be cars coming and going from the site but that's typical for any residential property there are cars that come and go from the site um in terms of is there any substantial impairment to the intent and purpose of
your zone plan uh we have to follow the Medici case so I have to reconcile to you why this use is omitted from the zone technically it's not omitted from the zone it's just omitted as a principal use but we are also located right next to to the NC zone. We are
basically a buffer lot, if you will, uh, located in the RA zone. Um, so, and obviously in in any zoning ordinance, I don't think I've ever seen a residential garage as a principal use, but I think we have a unique situation here uh that
warrants this type of use, particularly with regard to the flood plane regulations. Um, so with that said, I don't believe there's substantial impairment to your zon zoning ordinance. Um and therefore I do believe that we meet both the positive and the negative criteria for the granting of the use
variances unit. Thank you. No further questions. Are there any members of the board that relate to question Gregory's testimony? Mr. Johnson, you stated that the cars that are on the lot now will be put into the garage. Are
all the vehicles gas powered or any of them electric? of that. I have no idea. I'm not I didn't state that all of the cars would be in the garage, but I said basically there's a there's stuff like you're not obviously driving a jet ski
or driving lawn equipment every day. Things of that nature are going to be inside the storage garage. What for, you know, on a more permanent basis, cars may be going to and from the site, but they also obviously might parked inside the building, especially when there's
inclement weather. That's what testimony was that there would be vehicles stored in there. Yes. So, my question, it's gas gas cars. Um, right now there's a total of three cars that are outside and he'll park one or two inside with all his
stuff. Maybe one will be kept outside, but just like a normal residential garage. Okay. The only reason I asked him because if he ever decided to go electric, he can't put an electric charger inside the garage. Correct. Okay. Any other board questions?
Well, this is Rob Pansul, the board attorney. As the planner, you would agree. You were here for the earlier testimony, some of the conditions and limits that we put on uh make sense from a planning perspective in your opinion as the expert, including the fire department followup because that's
something I think Mr. Johnson obviously safety is like the concern. So we're going to go towards purpose a just want to solve public health welfare and obviously we have we do have to consider safety in our right no commercial access
no problem not having the handicap spot because there's not going to be public access I'm sorry we would have to I just I I couldn't see him so sorry about that. um we would have to come back for a different type of application if this was going to be a commercial use. And
obviously I'm sure that the neighbors are probably uh right on top of us if we were utilizing the property uh not according to the resolution of approval if the board was so inclined to grant us an approval. Yeah. No, that's why the car carrier raised an eyebrow of the code official. So yes, I agree with that
100%. But it's important to get it on the record. So I wanted you as the expert to acknowledge that. So I'm going to put it in the record. and and Natasha, one of the things we could do with fire uh to to even address some of the comments we're hearing both Mr. Johnson and other board members make sure
they're comfortable with whatever fire prevention, you know, there must be some uh ability to fight an electric fire even if it becomes necessary. So that could be a uh you know the hydrant I guess is far away but there might be some kind of temporary stansions or
something they could put inside that will help fight a fire if they need to but we'll leave that to the fire department. Okay. Any other board questions hearing? None. Are there any members of the public that would like to come forward and question Miss Gregory's
testimony? Sorry. Hearing none, I'm going to open it up to the public now. At this time, we're going to open the meeting up to the public. At this time, would anybody like to come forward and make a comment on this application? Hearing none, counselor,
would you like to make a closing remark? Yes. Thank you. Um, as you heard from our professionals, we are seeking to construct a 2400 foot residential garage. Nothing commercial will be there. It's simply just for the
applicant's personal private use. Um, no, uh, like I said, no commercial, no hazardous materials will be there. Yes, there will be gasoline and cars and stuff like that, but that's normal in a residential garage. Again, we are seeking a D1 use variance. And as you
heard from our professionals, we provide the justification for the use variance and we will comply with all of Collier's reports and the conditions listed on the resolution if this was to be adopted tonight. And before I close up, can I have Rob, please, can you redo the um
restate all the conditions so I can have them all down, please? Wow, I didn't know there was going to be a test. So, yes, I could do it. I just want to make sure I have it right reading my own notes and my handprints here. Um, this is it's not going to be a commercial use as you noted and and it's
going to be limited to a structure for the use of the adjacent residential property owner to store things. No other characterization, no repairs, no uh details of uh beyond a simple glorified
garage as it were. no plumbing uh and also no heat uh lighting and uh communication subject to code and the ability to comply with the Collier's letter dated
uh May 6th of 2025 with the exception and we'll note and the board I assume has no problem was recommended by Mr. Monguso to add grant waiverss to the applicant for the ADA parking space, which makes sense both legally and I
think from a code standpoint since it's not going to have commercial access. Um, and we're going to defer the analysis of the the sprinkler part of the fire comments. There are other fire comments. will collectively have you
guys have you guys being the applicant whether it's through Natasha your officer through your architect whoever uh to have the fire department put its impetus back on its comments because they asked in addition to the sprinkler
the alarm and some of the other knockbox and details which are typical if it's not required it's not required now that they know what's going in there so we'll wait to hear back from them but an approval would be subject to a favorable response from the fire
department uh in that regard. Thank you. With that being said, with all the conditions, we hope that you guys can approve this application. Thank you. All right. At this time, uh I believe the board can conference this. Miss Martins, would you like to begin
this evening? Yes. Thank you, Mr. Chairman. I don't see this as a negative impact to the site. This is definitely an improvement to the current site, making the garage and the storage uh more organized uh for the site. So, the site is definitely well suited for this use. So, I will be voting yes. Mr.
Johnson, I do agree. And um as long as stipulations, especially from the fire department worked on, I will vote yes. Also, Mr. Chairman, Mr. Bentegna. Uh thank you, Mr. Chairman. I think the testimony tonight um you know justifies
the variance. I was a little concerned with the neighbor um addressing this carrier stuff and I'm glad that we got to resolve that it was just for um temporary use only. Um she did say she didn't mind having
the garage there. I think the rendering is uh beautiful and it's a nice upgrade. As long as we comply with the fire, I see no problem with this application. So, I'll be voting yes. Miss Scott, um, good evening. I thought the the
rendering looked very nice. Um, I also thought that some of the comments about the fighter fire and what's going to go in the garage kind of were a little disturbing. So, um, I mean, I'm going to go along with my colleagues on this, but uh, I'm definitely concerned and would hope that, you know, you guys follow the
rules and regulations that, you know, some of the conditions that were here. So I'll be voting yes. Miss Ricketts, I to agree with my colleagues. But I do agree with my colleagues that this is a clean application. It doesn't
cause any harm. Actually puts the things and items in the garage. So I'll be voting yes. And Mr. McNeel. Thank you, Mr. Chairman. Uh first I'd like to thank the professionals for their testimony uh this evening. Um and I did not notice
any appreciable detriments uh in the application or uh on the testimony. Uh the site seems to be suitable for the proposed use and I too will be voting yes. Thank you. As for myself, I see uh no problem with this application. I see
no negative impact on the neighbors and the variance I feel is justified because the property is well suited for the proposed use as stated by um Miss Gregory. I believe both the positive and negative criteria has been justified. So
I too will vote yes for this application. May I have a motion and a second? Mr. Chairman, I move that the board grant the variance applicable to this application and that council is directed to prepare a resolution consistent with the board's decision.
Second the motion. Roll call. Miss Martins, yes. Mr. Bentega, yes. Miss Scott, yes. Mr. McNeel, yes. Mr. Johnson, yes. Miss Rickettts, yes. And Mr. Champion, yes. June 25th is the regular meeting night of the board. We'll present the
resolation, the resolution for adoption. Mr. Chairman, there being no further business coming before the board, I move that we adjurnn. Second a motion. All in favor? Opposed? So moved.