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Yes, >> Mr. Sanzo. >> Yes, >> Mino. Abstain, >> Mr. >> Yes, >> Mr. Centennial. >> Yes, >> Mr. Hartman. >> Yes, >> Mr. >> Yes.

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>> Our first our first application tonight is cone by Pwood Avenue. Please remain standing. Mr. Sher, good to see you this evening. >> You're Miss Cohen. >> Yes. >> Would you raise your right hand, please?

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I swear that swear testimony I should give to be the truth, the whole truth, and nothing but the truth. So you got >> and state your name. Spell your last for the record. Can you say it again? >> State your name and spell your last for the record.

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>> Jennifer Cohen. C A N. >> Thank you, ma'am. >> Please feel free to receive it. >> Mr. Sherman, >> yes. >> What do you want to tell us to start off? >> Yeah, you are a professional. I don't

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have to tell the >> Okay. State your name. >> I >> Ed Sherman, 26, Smithfield over, New Jersey. >> Do solemnly swear. >> Do solemnly swear. >> The testimony I shall give. The >> testimony I shall give >> shall be the truth.

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>> shall be the truth. >> Whole truth. >> The whole truth. >> And nothing but the truth. >> Nothing but the truth. >> I hope you God. >> Yes. And this evening you are testifying as an expert, are you not, sir? >> Yes, I am. >> And in the fields of

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>> architect. I'm a licensed architect >> in the state of New Jersey in good standing. >> All righty. >> I've been before this board many times. >> Many many times. Um I forgot. Is there do you have a planner's license that goes with that or just the architect?

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>> What's that? >> Do you have a planner's license? >> I do, but it's just going to be architect. Okay. Thank you. All right. Uh based on history, Mr. Chairman will be accepted as a as an expert witness

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for the board's edification and for the edification of those in the audience. The difference between a regular lay witness and a and a um and a professional is very simple. The professional is allowed to volunteer

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opinions in his area of expertise. To the extent that you find those opinions helpful, you may rely upon them to reach your conclusion. However, you are not bound by them. If you find that the interpretation of the facts does not

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support the opinion that was rendered, by all means make an independent judgment. Thank you. >> Before you start, could you just move the microphone closer to you, please? >> Just move it closer to you.

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Which one's hum up there? >> Sure. >> We need an audio. >> Go home. It's mine. >> Huh? >> Thank you, Joe. >> I'll race you.

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>> It's definitely summer. >> Okay. Okay. All right. Um, what we plan on doing here today, uh, the address is on Highwood Avenue. It's an R2 single family residential district.

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Um, we're seeking a C1 variance because of the narrowness of the lot. Um, it's actually for size, it's an oversized lot, just slightly. Uh, it's just the width. Width is required to be 75. We're

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at 50. Uh the depth should be is required to be 100. It's 150. So uh the variance that are required on this are going to be the sidey yards uh which I will talk about pretty soon. Uh this

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house itself is set far back off this road. It's a small cottage type house. Uh the original uh square footage of this house is slightly over 600 square ft. Um it's just a first floor. Has a uh

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kitchen, a bedroom, and a living room with a bathroom. Uh off to the back there's a small area uh that goes down to the basement. And uh what we're planning to do with this project is a slight extension to

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the front yard. Mhm. >> Um to make the first floor a little bit larger and to the the rear side of uh what's the existing little uh bumpout on the back of this house and add a second story to this house. Uh we also plan on

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putting a uh carport on the side of the house uh so the owner can park her car under for weather. Does not want a enclosed garage so it will be an open carport. So, the variance that we're required to

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seek here today, the left side of the existing house is presently at 4.5 ft off the sideyard. We're just extending that front addition to match that. So, we're not making that any worse. Uh the

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right side, what we uh plan on doing is for to the carport itself to the peers is 5 ft. to the actual house in the rear is 14.5. We're existing now off that sideyard is

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15 to the little bumpout that's on the side of the house. But again, it's the two sideyards. Uh again, the existing 4.5 and then the 5 ft just to the pier for the court.

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Uh the homeowner is just looking to expand this house a little. Uh get the bedrooms uh upstairs with a a full bath up there with a little sitting area for herself. Um and then we're looking to make that uh rear entry off the back of

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the house. Uh again, a little bit larger for the stairs that actually go down to the outside and the laundry area that's uh back there. Uh the front we're just making it a living room. The existing living room would become the dining

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room. The kitchen remains the same size just remodified. And a small bedroom existing is um in the back of the house with a bathroom. And that's what she's looking to do. Uh height of the structure is not going to

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be too high. We're trying to keep it low to keep that same cottage style uh look of this house. Um the actual height uh is going to be you know less than 28 ft to the bridge. Um coverage we have no

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problem on this site. And uh again it's just the sideyard because of the narrowness of the the site you know for the variance that we're requiring. This time we'll take questions from the board. Brian, would you like to start?

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>> Yeah. >> So, the two things are the left and right side and the left is existing >> and the right side up is so they can squeeze in a car. >> Correct. >> And that that's all we're saying. Everything else is fine.

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>> Correct. >> I have no questions. >> I have no questions either. >> I have no questions. >> I also have no questions. No questions. >> No questions for me either. Um the

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I'm looking at the second floor plan. >> Yes. >> On as I go from bedroom two through the back, I see the bath, but to the right, you have a next area. >> Yes. >> Uh what's that for?

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>> That's a a shower. It's a standup shower. So you want standup shower and also a soaking tub. >> Okay. In the stands. >> Okay. No more questions. >> There you go. >> They covered everything. I have no questions.

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Do you have any questions? >> Nothing. >> Does anyone in the audience have a question for this applicant? >> None. >> Do you have any final comments? >> No. Again, um it's due to the narrowness

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of this existing site that, you know, we're confined with the sidey yards and one side is existing. Uh the new right side, it's an open carport. It's not a enclosed garage. Uh we'll be able to see

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through it. It's just, you know, coverage for a car that's going to be under that. That's all >> understandable. Final comments. Uh, I'd be in favor existing condition on the one side and as Mr. Sherman's pointed out, but uh,

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yeah, just open it for on the other side. >> How much in favor? >> I'd be in favor. I mean, I think that this very sweet with the cottage style. Definitely needs a little bit more space. >> 50 ft is very narrow. So, I'd be in favor. >> I'd also be in favor.

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>> I'd be in favor. I as well >> considering that we have a requirement in town to have a onecar garage at least a carport works with this property very well. Thank you. I'm in favor.

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>> Same here. >> Motion to approve the application. >> I make a motion to approve the application. >> Second choice, please. >> Mr. >> Yes. >> Mr. Sakola. >> Yes. >> Mr. Yes, >> Mr. Walsh. >> Yes,

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>> Mr. Centennial. >> Yes, >> Mr. Sanszo. >> Yes, >> Miss Lepino. >> Yes, >> Mr. Maria. >> Yes, >> Mr. Hartman. >> Yes. All right. Um, Miss Conho, hopefully you found that reasonably famous. Um, the one thing you

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do need to know, you've been approved tonight. That gives you the ability to go ahead and take out your permits and start work if you so desire. The one warning that the board has to give you is what the law says. And the

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law says that anybody can come back and object and reopen this if they apply within 45 days of the date of the uh resolution.

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Not today's date on the resolution, but the day the resolution is published, which will be a day or two after August 26th. That starts the 45 days. Mr. Sherman is very experienced in this and he can certainly guide you as to the

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probabilities of this becoming an issue. It probably won't. >> Thank you. Do >> we mention is the call obligation in the resolution? Do we mention it to people?

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>> I'm sorry. >> The co- obligation. >> Oh god. >> We just want to let people know that doesn't hit them when they apply for permits. All right,

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Miss Conn, our friends in Trenton have played with the affordable housing laws again. And when you expand your house, you become subject to what's called COA, which is the Council on Affordable Housing,

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levying a fee upon you for that expansion. That is not up to the town. It is not up to this board. It is something that comes from the state. And

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they because the law keeps changing the exact amount is not something we can even tell you at this point, but it's something you need to be aware of and just factor it in to what you're doing. Thank you, Joe. >> The tax assessor actually determines the

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the amount. >> Thank you. which she is allowed to require to inquire about values. >> Absolutely. >> That's all. >> Don't understand your question. >> It's not a question. It's a statement that she's allowed to inquire what that

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would be. Well, when the permit is applied for >> Mhm. >> uh before we issue the permit, we get the letter and the uh quote or the added assessment. It's the actual value of of

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the assessment right now versus what the assessment will become once the addition is done. >> Amen. >> Okay. And the first payment, the payment is split into two. The first payment is due at the time when we issue the permit. The second payment is due before we issue certificate of approval.

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>> Amen. >> The reason we're bringing this up is unfortunately a lot of people are not aware of this and we do take the brunt at the building department and just like said, >> yep, >> it has absolutely nothing to do with the

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town or us. It's strictly being forced upon us. >> Well, thank you. But they're allowed to inquire and and at least be informed. That's all I'm at. To me, information for the applicant is

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important. That's all I'm saying. >> Well, then the conversation would most likely have to happen with the tax assessor because I don't determine that amount. >> I think that's a I think that's a technor will have that information for you.

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Thank you. >> When did it when did this go into effect? >> It's fairly recent. >> It used to be where it was strictly assessed or or levied against brand new construction >> and a couple years ago it also shifted

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upon extension which is an addition. >> Yeah. >> Right. Thank you. >> Our next applicant is Merch 26, Roberto Lane. Good evening folks. You both going to

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testify? >> Are you both going to testify? >> Okay, both of you raise your right hands, please. Do you swear a testimony you're about to give shall the truth, the whole truth, and nothing but the truth, says your God? Please, each of

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you in turn, state your name, spell your last m. >> I'm sorry, Mrs. M. First name is >> Thank you, ma'am. And Mr. Sherman. >> Yep.

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>> You're still under oath. Y'all have a seat. Right. All right. This is uh 26 Roberta Lane, which is an R1 single family residential district. Um there's a few things with

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this lot. It's a corner lot. >> Um the area for this zone is required to be 15,000. The existing is 8,752. Uh width is required to be 100. We're at

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80. The depth is required to be 150. the existing is 110. So, it's an undersized lot. Uh narrowness of the lot and shallowess of the lot. So, that's why we're we're going for a C1 variance on

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this site. Um what the homeowners would like to do, it's a Cape Cod style home. Um with a an addition that was done at one time off the back. Uh what they would like to do is have an enclosed

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garage. Um bring the laundry up from the basement and doing a little expansion to the existing kitchen where they have an existing deck that's at grade level. They would like to just enclose and have

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a sun room to the uh side of the house. um with the uh variances we're requiring here. Uh the front yard in this zone uh for the uh for Roberta is required to be 50. The

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existing house is at 25.4. They would like to put uh covered portico over the existing front entrance which would be at 20.4. Um and also um bring the garage out to

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the front yard uh the 5 ft. So that would also be 20.4. Um the side yard on the side because it is a corner lot. Um the secondary road

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uh is required on Bard uh front yard setback should be 35. The existing house is at 26.1. So, by putting uh the garage on the side of this house uh brings a variance to the sideyard. We're looking to get a 4

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foot 4.1 sideyard set back to the left side of this house. Um again, in this uh area on numerous of these streets, um I've done additions to these homes with a garage

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to the side. Um, and they're just looking to do a garage. No second story on this. Uh, they would like to stay on the first floor. They've been living here for a long time. Uh, want to stay in Waldwick and do not want to be doing the stairs for the laundry. Um, and they

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presently have their bedroom on the first floor. They would like everything on the first floor. Uh, like to have their cores covered in the for the snow. um they do not want to be out there shoveling snow to uh uncover their cars.

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So, they want their cars covered. So, they're looking to get a twocar garage. Um and again, in this Z uh area, this neighborhood, I have done numerous homes with a garage to the side. Uh number of houses across the street to the side

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have additions that have garages on them. Uh the thing that hurts this site is because it is a corner lot and just makes it a lot closer to that left side. Um the addition to the back the sun room

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uh does not has nothing to do with the variance. It's just the actual garage and that extension which I did off the garage for the back for the laundry area and just extending that kitchen off that area. Um, and again, there is no second

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story addition, no dormers or anything on this house. Um, they're just going to keep the upstairs for when their children come over or guests are visiting. Uh, the bedrooms upstairs, but they're just looking to stay on the first floor. Um, make it nice and

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comfortable for themselves. Um, and that's what they're looking to. Coverage wise, we're fine. And uh total of both sides is fine with this corner lot. It's just the uh the sideyard to the left and the front yard for the

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covered portico and the extension of the garage to the front. Um and that's what they're looking to do on this house. >> Take questions from the board. Brian start >> the front yard. The 5T that's the portico.

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It's the portico and also the garage. I brought the garage to be in line with the portico. >> Okay. And then the rear yards staying the same. >> Yes. Rear yard's the same, >> but it's already underside. So, existing underside. >> Correct.

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>> Okay. And then >> it's just a side yard. >> It's just basically the side yard on the left side. >> The side yard and the front yard >> out toward Gerard. >> Correct. or out towards well the uh the front yard's toward >> Roberta but the side the where you put

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in the garage goes out toward >> no it goes to the other side is the back side of >> Gerard which gives us that sideyard now questions the sideyard though for the left side I

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know it's populated differently for a corner lot though. It's already under sides though, right? Or no, I'm lying. It's not. Okay. Nope. No questions. I'm clear. Sorry. >> Um, one technical thing. Uh, it it looks

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like on the the application that it says we're going from a one and a half existing to one story proposed. >> Well, that's just the new um the existing house. The uh Cape is a one and a half. Uh there's two bedrooms upstairs. The additions that I'm putting

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on for the garage and the sun room, it's just a one-story addition with a roof. >> Okay. You're not getting rid of the second. >> I'm not getting No, that that will stay. The existing Yeah. will stay that second floor. Correct. >> But um the sideyard would be compatible if it was a onecar garage, right? That

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would give the extra feet. >> What's that? the the sideyard you're uh the requirement is 10 and the proposed is for correct to the twocar garage. >> Correct. >> Okay. Questions?

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>> I have no questions. >> Did you give any consideration to a onecar garage and push everything back towards the back of the property? Put the sun room further back and set the garage back a little further. >> We've looked at that. But then what happens with that Phil is their existing

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kitchen goes into their family room. Um because the garage is going to be over there. What they're looking to do is expand. Right now the kitchen is just the stove, the refrigerator, and those cabinets.

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And there's a table in it. So they're looking to get a little bit more room there and the actual eating in the kitchen that little breakfast area there. So, by pushing the garage back, I can't do that. I have to push that into

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their existing family room, which is a finished space with a finished fireplace, a cathedral ceiling. Um, so every the whole kitchen would have to bump into the family room and they would lose their family room.

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You know what I'm saying? By pushing pushing that garage back. Do you have to have a twocar garage? >> Well, for them, um, there are health issues. Um, and they don't want Larry out there shoveling snow anymore. He's

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had a few stances put in, and they're looking to not have him go out there and do the snow removal. >> All right. Well, you're awfully close to the property line. That's >> Yes. and the measurement of the uh the house

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to the left. Um I took the measurement from their house to that. So the the existing house on their left, the actual house, it's the the same shape as this house. So um the right their garage is

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on the far left. on this side is uh the house and from there the wall of their house to the property line is about 16 ft uh 164 165. Uh so you know from the house to the

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garage is going to be like 20 ft. It's not like they got 5T and there's 5T on the other side. There is over 20 feet from the garage to the next house. Okay, I don't have any other questions. >> That was helpful information because I

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mean that I mean it's awful tight right up against the fence, you know. Um, is there enough room? I know they don't want to park cars in the driveway, but is there enough room in the driveway to park cars in the driveway without sticking out on the street

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>> by pulling the garage up? No, you pulled the garage up a little bit. Yeah. >> Oh, there there'll still be plenty of room. Um I submitted photos that the you know >> it says 20 ft, but >> 20 ft to the property line. Then you got another 10 ft to the curb. >> Got it. >> And there are no sidewalks in this neighborhood.

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>> Yep. I didn't see that. Okay. >> So, you can easily get four cars in front of that garage. >> Yep. >> If need be. >> I saw the 20. I thought that might be tight. >> No. Just to the property line. >> That's all I got. No questions.

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>> How wide is the present driveway? Good question. I'm not making it I'm just making a little bit wider towards the right side where it's shaded. The existing driveway is there. Um that it's all the way up to

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the property line. Um, and there is a fence on their property. Um, so the existing driveway is there. I'm just extending it a little towards the right towards the the front of the house.

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>> Will that solid white vinyl fence be removed when the garage goes up and another piece replacing it? >> Yeah. on the the left side of the house there is the vinyl fence is stained um

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where it comes across from the house over there um uh there will be a gate at the corner of the garage to the existing fence. So that 4.1 there will be a gate >> the left side facing the house

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>> facing the street the left the left side of the h left side property line is um all vinyl fencing and in the back it

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goes all the way to the back and there's a ton of vegetation that's higher than the fence in the whole backyard that's remaining. >> I'm not looking at the plans you submitted, but I'm looking at the driveway with the two cars.

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>> Correct. Rooming. They can walk around both cars. And there's a vinyl fence in front of them, >> right? That will be removed. That's where the garage is going. >> Okay. And there's 5T left over. Will

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they put back a 5-ft section of fencing? >> Yes. >> Will there be a gate in that section? Yes. >> If the gate is 4 foot, the post will probably add up to10 of a foot. >> It will probably be a 42 in gate,

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>> right? >> So, yes, but it will be in that corner. >> Is that a proper size gate for emergency access? >> Yeah, you just need three feet. Uh, same. >> Just need three. Thank you. >> 36. Yep. I was interested in making a

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record of that. >> Yes. >> And will there be pavers or some walking area >> going from the >> so that it's smooth? >> Yes. Down the side to towards the back. Correct. >> Okay. >> Yes. >> Thank you. Questions.

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>> Yeah. Just a couple just so that I'm very very clear. This is a significantly undersized lot. >> Correct. And it's also complicated by the joys of being a corner lot. >> Yes. >> Looking at a front yard, it's already

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non-conforming and it's going to be exacerbated somewhat. Is that correct? 4 and 1/2 ft, give or take. >> Okay. So, that's an exacerbation. Um, the secondary front yard stays.

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The rear yard stays. is it's already subject to the variance. >> Correct. >> Uh left side left side's the V and that's a brand new variance because we were conforming before that. Correct. >> Correct. >> Okay.

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and no change on the um no change on the right side. And even with the reduction on the left side, our combined sideyards are although reduced are still well well

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within the U zoning requirement. Correct. >> Correct. >> So there's really only one new variance. >> Correct. >> One exacerbated one. >> Correct. Correct. As long as I understand. >> Does anyone in the audience have a

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question for this applicant? Please come up to be sworn in. All right, folks. Any anything that anybody says on the record has to be under oath. Therefore, I'm going to put you under oath.

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That's first thing. The second thing is this is the time for questions and you can ask the applicant and uh Mr. Sherman any questions you want. This is not the time for comment. You will get a

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chance to comment if you want to say this is wonderful or not so hot that comes later. Okay? And you will get that chance. All right? So if you please raise your right hands. Do you share a testimony about shall be the truth of the whole truth and nothing but the truth of God? >> I do.

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>> If you would each state your name and spell your last. >> Mary Burlinger. B E R L I N G E R. My husband. >> Mhm. >> Thomas Carlton. C A R L T O N.

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Okay. Forgive me. I don't write as fast as you speak. >> Would you like me to repeat it? Brief. >> Actually, I did get it. Just write it slowly. All right. Please don't double team.

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Ask questions individually. All right. >> Sure. I know this is not the time for me to present, but if you would like these in advance, >> I'm sorry. I need your address. Forgive me. >> Sorry. 22 Robera Lane. We live next door. >> Okay. Thank you. Um, I have a list of questions prepared,

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but I also made these for you with pictures of my house, my backyard, every house on both sides of the street, and the distances in between the properties. I don't know if you want them now or after. >> Um, give them to us now.

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>> Now? >> Yes. And there's also a letter to >> okay just so you understand >> um letters are not part of the record and the reason for that is that you cannot cross-examine

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a letter. >> Sure. >> Therefore the person who writes the letter doesn't get that advantage of being able to speak and not be refuted. However, the photos now

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>> should I begin with the question part? >> Sure. >> Okay. So, um couple things. Uh first one, so they are the corner lot. We are obviously the ones right next door. So, um, it was mentioned one variance on

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that side, but it's actually two because the garage, my first question is why is it necessary to reduce the existing sideyard from 23.6 ft down to 4.1 ft? So, we're at 23.6 and on the garage part, it wants to go

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down to 4.1. There is a variance on the sun room part, too, because that's going down to 7.5, which is also under the tent. Mr. Sherman, can you respond to the sun room part of that? >> Sun room, we're at 11.9 ft, which for a

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sideyard we were just required for 10 ft. >> It's an existing The existing deck is there presently at that size. >> So, you're able to measure right off that? >> Oh, we're just going right off of that. But it's 11.9 to that. The only variance to that side

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is the twocar garage or the 4.1. >> Okay. >> But we're decreasing from 23.6 ft down to 4.1. That's a that's not a minor variance. That's major. >> That's absolutely been noted. >> Okay. Um so you mentioned

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um you were talking about um onecar garage and whatnot. Now that's that's to their convenience. that doesn't um you know uh let me just get my questions and I'm better off organized that way. I'm sorry. Okay.

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Um so you mentioned you Okay, I should just speak naturally. My property contains an ingground swimming pool in the backyard and a recreation area. So, this affects our property um

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for the recreation area in the backyard and also um privacy and also drainage issues. I got water in my basement with heavy rain. We had torrential rain yesterday. So I have a lot of questions on the um

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how that will be handled. Was the um was the existing drainage towards my property evaluated? Will the addition change the drainage patterns? Will roof runoff increase? Where were the leaders discharged? What are the grading changes

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near the shared property line? Um how can we demonstrate that runoff will not increase onto my property? All right. >> Can we um break this into individual questions? I think it'll be easier for >> sure. >> Uh the homeowners and Mr. Sherman to

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respond. We'll start however by noting that the residential site improvement standards which are law in the state of New Jersey require what for runoff ed? >> Zero. Correct. >> Correct.

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It has to be contained on site. >> Will be contained on site. >> Uh that's the law. So if it's contained on site, it's hard to see how it increases the water on

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your site. Now I do have a question for you just based on the photographs. You have a solid vinyl fence surrounding the rear. Correct. >> Isn't that what I'm seeing? >> The white fence.

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>> The white the white vinyl fence. >> Yeah. >> Yes. They put that fence in on that side. >> They put >> Yes. >> Okay. Um >> the whole yard is white vinyl fence. We put the other three sides in with the two gates. We have an ingground swimming pool. >> Well, exactly. And that's factory where I was going. fact that in a sense you

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can't not have a fence. >> We need a fence. >> Exactly. And that fence is how how tall? >> Six foot. >> Sixoot fence. The max permitted. >> Right. >> We are also not able to put any privacy plantings in on that side because it's

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an ingground pool. It's a concrete pool deck around. So I can't go through the concrete. Um >> the concrete help me out. The concrete deck extends all the way to the fence. >> Yes. >> There's no area between the fence and

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the concrete deck. >> Only because anyone who's put in plants with a retaining wall or something like that. Um, I know that people go crazy looking for

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planting that root downwards instead of outward because of that sort of thing. Okay, why don't we make sure that we properly identify these things?

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I have one photograph. >> I have copies. I could explain what you're looking at too, >> right? >> Stay with me. Joyce, you got a sec? Okay. So, the first first photograph is

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three photos. Two of them incor incorporate the pool. One incor incorporates a sitting area. And just to help us out, there is a pool float in the foreground of one of the pictures, correct? >> Yes. >> This one? >> Yes. Yes.

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>> Okay. So, so we all know what we're talking about. >> This is going to be exhibit W1. And W just stands for witness. All right. The next photograph I have

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is to incor incorporating the pool. And the third photograph on this page seems to show us the >> grill >> barbecue and I'm not sure what else possibly

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>> the smoker. >> Smoker. Okay. So that's going to be exhibit W two. This way we all know what we're talking about.

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Third one I have is in the upper right corner a view of the pool. Lower right corner a view of the lounging area that extends past the pool and a little of the pool in the foreground.

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and more of the barbecue. So that's Civ W3. That's this one. Sorry, that's three.

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>> Yes. >> Yeah, we do a lot of housekeeping. All right, the next is going to be W4. shows two lounges

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and a deck box in one. Um, some additional pavers or block >> plus plantings, >> small garden area. Yeah,

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>> I was getting to the plus plantings and then below that we have some of the fence and plantings in front of the fence. That's exhibit W4. This one's W5.

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And again to describe it for the record, we have one photo in the lower right hand corner showing a vehicle on the edge of a driveway, a drive area with a basketball hoop parked to the right up

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to the house. The top one is I'm looking. Is that a common drive? >> No. The top the top photo is my house is the orange one and that's their house and that's their drive. >> That's their drive. Okay.

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>> The bottom photo is the orange house is mine. And then that white >> and that's the far side. >> That's the other side of me, >> right? And then we have the pool again. Okay. That's WW5. >> And then it moves up the block with the different houses and the spacing between the homes.

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>> All right. So, let's we'll go more quickly. Um, I'm looking at the next one. W6 >> uh with what appears to be a telephone pole in the foreground of the lower

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right picture. Can you tell me what what property that is? >> That is two houses up from me. So, the the house with the tree that's currently not occupied on our street. >> Number >> Oh, number. So we can identify it.

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>> Well, we are 20. We're 22. So that means >> 18. So that would be 16. >> 16 or 14. >> 14. >> 14. Thank you. >> Thank you. >> 14 >> and 12. >> And 12. >> And um bars.

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>> Okay. Brings us to >> Oh, and the bottom one there is 12 and 8. Uh Alan Garcia and Barry is the bottom one. >> So it's 14, 12, and 8. >> Mhm.

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>> Okay. Uh W7. >> And again, if you could tell us the numbers of these houses. Well, one of them is apparently eight. >> That's the other side of eight. Eight. And I guess that would be probably >> Figure that one out. >> That's great.

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>> Okay. So we've got eight. six. >> And then the bottom one would be probably six and four >> or two. >> All right. >> And then we go across the street. >> Across the street. And that's we're at

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W8, I think. >> Is that correct, Choice? >> Yes. >> All right. And this is across. Okay. Sweet. And Can you All right. Looking at W8,

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which is this one. Can you tell me what >> is in the upper right hand corner? What number? >> Um, where are you? >> What What houses are shown? >> This one here on the same page with the eight. >> Um, >> no. >> No. Across the street. This is the first one across the street

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>> is what you just testified to. >> 17. >> This is the open garage door. Okay. So, Lisa is 17, which means um what's her name's >> she's 21,

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>> which what Carol's 23 >> 25. And then I'm sorry, I'm just working it backwards. Um Dian's 15, 14 what? >> 11. We'd have to look up the exact math with

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the number. So, I apologize if I I give you one wrong one. Um, >> the best of your knowledge now. >> And then next to Courtney is um the older guy. So, what's he like? Nine. >> Yes. 9%. >> Yeah. And then um then there's the uh

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the brown house and then the one on the corner with the door. >> Okay. So we think um >> the numbers are >> the numbers are so this one is the brown house. Um I believe this is seven

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>> and then the white one is nine. >> Mhm. >> And then it is 9 and 11. And then over here would be 11 and 15.

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Have you gone to the next photo? To the next sheet? >> No, I'm still on the streets. >> Still on the same sheet. >> Okay, I can flip to the next one. >> Okay. >> Sorry, I should have indicated all the houses numbers. >> All right. And that brings us to W9. And

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if you could tell us what's on W9. >> So, this one here >> um with the last page with the three photos. Yeah. The top one that's 17, the brownish one with the two cars in the driveway with the basketball hoop.

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>> And next to that, I believe is 21. >> And then down here with the truck is 21. And then the corner property, which I believe is 25. >> Okay. All right. I have one question about all of these

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and This is the question that we need to admit these photos into the hearing and that is are these photos

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accurate representations of what you photographed? >> Yes. >> All right. That's all I need. >> Thank you. I don't >> All right. Remember, although we've put these in

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already, you're not testifying about them. >> Mhm. >> You're still asking questions. >> Okay. Um, so I know that it keeps going back to this is an undersized lot, but it's not new. This um we've been in the

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home for 22 years, so this has gone back decades. And my primary question keeps going back to we're going from 23.6 foot sidewalk down to 4.1. And um >> if I can ask you a question. >> H >> how big is your lot?

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>> Um 84 by a regular I believe >> the exact dimension I don't know. >> I think it was team regular because it's swimming pool. >> I'm not certain right now. Um, and I wanted to know more about alternative designs and alternative

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layouts and why they were rejected if it was only just because of convenience. And I wanted to know if um I know some of you asked about the narrow garage being considered, the onecar garage, a smaller addition. Snow removal keeps being brought up, but

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our neighbors have gotten a plow service for many years now, and they also have pay that plow service to clean off their cars. He told me that they, you know, they charged them. So, >> they haven't had a garage in over 40 years.

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>> This is a big impact on our family. >> Testimony. >> I'm sorry. >> They're straying into testifying. >> Okay. >> Instead of asking questions. >> Okay. I can ask question. starts. >> Um, I want to know when you made your plans, did you evaluate the visual impacts on

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my property? Um, and the privacy impacts and could a greater separation have been maintained through a different design. >> Okay. Ed, can you respond to some of these at this point? Otherwise, we wind up with all questions and no answers.

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It's a single story edition. Um, and I'll submit other photos here that Merches got from their property which show from standing on their deck. You cannot even see their pool. They have rows of Shannon that's probably 10 ft

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high along the whole back. The back of their property have trees that are 20 feet tall. you can't see through them to the people behind. Um, and like I said, between the houses, which we will

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submit, it's over 16 ft. We're going with a singlestory edition um for privacy. Standing on their deck will be the same thing as standing in the sun room. Um, they're not looking into their space.

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>> Um, >> but the sun room's further back than the deck. No, it's the exact exact spot where the deck is presently >> where the Okay, one of the big concerns seems to be the >> the proximity of the garage. >> Correct.

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>> Is there a f Does the fence continue between the properties at that point? >> Yes. >> And does the garage have windows? >> No. There's a door, a man door on the side.

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But again, um, you know, looking so my drawing, the left side where the sun room is in the back, that's the deck. You're standing on a deck or you're standing in a sun room. It's just going to be covered. And it's one story. We're

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not putting a second story on this and looking into their pool area. If anything, the the existing side window on the house, which is a 4 foot high existing window, is being reduced

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to a twoft window, a transom up top. There is going to be no viewing into their property from this site on the second floor. And again, first floor, it's the same as if they're standing on their existing deck. Now,

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Sight lines are something that you do consider when you design. >> Oh, definitely. And like I said, I will submit these so you can have a look and see from their deck. You can't see their backyard. >> But in the sight lines, in the pictures

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that I submitted, I can see the sky. I can see I can even see in one of the photos diagonal the neighbor across the street's home. So now my view is going to be >> Wait a minute. They're not adding on to the neighbor across the street. So, >> no, but it's my you will be >> the other one.

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>> That house doesn't matter. >> Okay. >> And as far as I know, nobody is hanging around in the sky. >> So, the fact that you can see sky is a nice thing, >> but that doesn't mean somebody's looking at you in the sky. >> Well, when we when you're looking at

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sights, >> and you're you're right. >> I'm standing here and you're standing there. If I can see you, you can see me. >> Absolutely true. But

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>> the question becomes, >> is there anything new that is creating a sight line for your backyard >> in this in what's being done? I feel that there is because in the pictures

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well you just said I can see you and you can see me. So okay so now I'm in that picture and I'm sitting at the lounge chair at the foot of the pool watching the kids play in the pool and now instead of seeing an open space in front of me sighteline because you can see in the pictures now I'm seeing a wall or a

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building or a window. >> Sixoot fence first. >> Huh? >> Aren't you seeing a 6ft fence first? But isn't the building going to be taller than six feet? >> The question is, >> is there any

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>> above? Does the building now >> exceed the height of the fence? >> Yes. But there is no building back where the from that view of the pool as you can see in the photo. You can see from the barbecue I can see their house and that's where their deck is. From the

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barbecue picture, but from the pool picture there's nothing there. Now we're talking a sun room would be back there. So that would all be new. >> Mr. Sherman, does the garage line up with the house, both houses

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and then you go back from there to the uh what's the sund deck or what the existing is? >> Does the sund deck is back? >> That's what I mean. It's in >> 7 ft from the garage. >> Yeah. So, it's in, right? >> It's in. It's where the existing deck is

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now. It's almost 12 ft. It's 11.9. >> Okay. So, that's off the property line. >> That's in compliance. >> It's in compliance with a sideyard. >> So, the only thing not in compliance is the garage. And does the garage line up with that their house and their neighbor's house?

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>> Um, it bumps out slightly to the front. I >> slightly front. Correct. But but as far as the back for the pool and now the back privacy >> correct >> and also the question so I've shown you pictures of Roberto Lane and so I want

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to know when you planned this did you compare this proposal with the spacing between the other homes on Roberto Lane. >> Yes. >> And I I designed the dentures house directly across the street. >> Yes. >> Which has an attached garage to the side of their house. >> And let me show you that story. The

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difference with the dentist garage is their neighbor their neighbors, the Kahosis have their driveway and the dentist driveway together and then there's a row of trees. So, it's not next to the house. The two driveways automatically create extra separation

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and it's actually the last photo, the last page. The Denes is here on the bottom with this truck. And I I don't believe theirs is a twocar garage. Um it's smaller than a two-car garage. And then the Kosis is here. Now this is

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Dench's driveway. They have a line of trees. Then the Kosos's driveway and then their house. So they're not up next to each other. The fact that our driveway does not butt their driveway. >> Okay. >> In a way, we almost >> D's driveway is the one with the uh it appears to be a Jeep.

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>> Yes. In front of the at the bottom. >> Okay. >> And D is a twocar garage designed for a twocar. It's also a garage in the back for all his play toys that he has to bring out into the backyard. >> But where are the plans showing how much feet that is off the property line?

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>> Yeah, they're not required before this board for a variance for their sideyard setback for their garage. >> But also, you told me not to worry about the houses across the street, but their driveway, if you see in the picture, they're not on top of each other. There's space there because of the two

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driveways and then the rows of trees. This is the last page with the photos and it's the bottom one >> and again from Orange Property Line to their house is over 16 ft. >> So it's comp

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>> and I have a picture that shows both um which I'll gladly you know submit shortly. Um, the other thing talking about views, um, from their house on their deck, I don't know if it was them or previous

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owners, they put a garage on this their house and it's a twostory element. There's a twotory to the front and the back of this house. >> Whose house are you referring to? >> Yours. >> My house. We We are the second owners who bought it from the original owners and we did not put an addition on. There

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is a garage with the second story above the original Cape Cod. >> The the the house you just talked about, the Kloasi on the one side, whatever, that appears to be way bigger than 4.1 ft though. >> Yeah. Distance wise. >> And and the other thing is

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>> it's it's not just the garage. It's the breakfast area with the laundry and stick out. Right. Right. The back. >> Yeah. I mean, the sun room is not an issue. That's where the deck is, but that's where it is. But it is it is more than the garage encroaching on that. >> Correct. >> That side. Okay. >> It doesn't.

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>> But that doesn't back section that back part of that the new structure does not >> come closer than the 4.1 does it? >> No. The four. It's not just the garage. >> I get it. >> But the back steeper,

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>> Rich. The back of the breakfast area, laundry area. >> Yeah. would match up with the house to the left, their backyard, the the rear of their house. >> So then that would be where my barbecue is, part of my pool area, my rose

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garden, my recreation area. The side garden, we have kayaks over there, like stored. We use that space as well. >> It's a whole recreation area. And that pool is not a new pool. We've been in the house 22 years. That pool is over 30

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years old because I asked the neighbors. So we that came with the house and that is our primary source of recreation in the summer. You know, I have two sons. There's always kids at my house in that pool. And the pool's, you know, it's um it's

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expensive to have a pool and maintain a pool. So we want to enjoy our pool. Are there any other questions at this point? >> Yeah. How does reducing the existing sideyard from 23.6 ft to 4.1 ft preserve

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the neighborhood character that the ordinance is intended to protect? Can >> you speak to that? >> Again, these are undersized lots in this whole neighborhood. Um number of houses have put garages on um sideyards to

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become an issue. That's why we're here. Um and number of houses in this neighborhood have garages that are close to the sideyards. >> But do you also benefit being a corner lot having frontage on Robera Lane and

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Gerard Lane where the interior lots do not have that same benefit? >> It's not a benefit. If anything, it's a hindrance because the house would have been placed further to the right. It would not have had that setback off of Roberta of 26 ft.

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>> But how old is that house? When was it built? >> Probably in the 1950s. 19 >> same as mine. And how long have you lived there? >> 41 years. >> 41 years. So you you know the lot chose the property

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and you've been 41 years and and um with no garage I'm not opposed to the garage. It's it's the breaking of the 10 ft >> to go down to 4.1. It's from 23.6 down to 4.1. That's that's like an 80s

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something% reduction. That's bigt. And that that's a major effect for our quality of life, our enjoyment of our property, our privacy, um sunlight, for the pool, the outdoors, noise, drainage from my basement, it is

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a concern. So, and also the character of the neighborhood, all those pictures, nobody else has somebody up on top of them. Everybody has way more than 4.1 ft. And I think everybody has over the 10 feet. So now we're the only ones.

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And and I mean I understand that they want the convenience of aging in place, but why is it that my family has to accommodate that need and and do that? You know, I don't feel like that's a benefit for us. >> Well, one of the fundamentals of land

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use is that people should be entitled to to maximize the use of their property as the best use. Just as your pool is a benefit to you,

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and I'm sure it is a tremendous benefit, >> I would imagine when the kids were younger, probably got a little louder than it is now. Neighbors Neighbors deal with these things.

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>> Yeah. But couldn't a onecar garage satisfy that need instead of a twocar garage? and maintaining that 10 ft of the ordinance. >> I mean, >> I think it's rare that they see cars out in a snowstorm.

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>> If I can just say because that sideyard to them, if I keep it 10, what is considered their backyard is actually a sideyard. I can pull put an addition all the way back 10 feet off of that backyard which Richard had said if I put

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a double stack garage down that side move everything into their backyard I could do that if anything that would be worse because right now that's an open area um from their pool area if they're

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concerned about seeing things they will see things from the front of the house all the way to 10 ft off the back of the property line. I can do something like that. Do a double stack garage down there. Rearrange their kitchen. I'll blow the whole back of that sun room to

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the back >> and >> which I think would be which I'm I'm trying not to do. I'm trying to keep this a one-story addition to the side of these people. And again, if you want me to submit these pictures, you can see

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there is no visibility. >> If anything, they're going they're always going to see the second story of their house, but this is all below that. >> Sure. >> It's a one-story addition >> with this garage.

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>> What's the height of the building? So if the if if the fence is a sixoot fence, how many feet above that fence is the building? >> The existing house. >> No, the the proposed um addition >> proposed addition height.

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>> No, I kept it at the 21. Um it's going to be less than the 21. Subtract that about 16 ft. So we're at a 6ft fence plus 16 feet on top of the sixt fence >> plus a 10 or 12 foot high rose of

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shannon >> rose of Sharon but >> running down the whole side of the house. >> I mean I don't >> it's not it's not the height theight 10t the height you're allowed to do here is 35 ft. Yeah. >> If anything if these people move the

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next people to come in rip the top off this off and go with a 35 foot high building. Well, I mean >> that that we're speculating. The house isn't even for sale. We don't even know who's buying it or even if they would do that. So, I might what if the

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>> possibility of something? >> You have a lot of possibilities. What if down the line? I wanted to extend my house and put in a submarine going that way. So, now we got 4.1 and 4.1. Is that if you're talking possibilities, would that will that affect me in the future from expanding?

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>> Would you have to come before this board? >> Exactly. But then we're not going to talk possibilities of the next person. >> All right, I think we've explored the questions. Is there anyone else in the audience who has questions?

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Actually, Mr. Sherman, is there any summing up you wish to do? >> I'd like to just submit their existing photos for you to look at. >> Who's existing photos? The applicants.

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>> Sorry, but there's only one of each. This is between the two houses. This is their existing deck looking into their yard. There's a white sixoot fence behind one of the plants. If anything,

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they can see there the back. >> You can't see through all the vegetation they have in their yard. >> Merches have done I think a beautiful job. also, >> you know, trying to keep all this

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landscaping for so I don't can submit these as evidence. >> Um, >> yeah. And >> yeah, sometimes those ones that I choice marking them. A S 1 2 3 4

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A for applicant and S for supplement. >> Okay. All right, folks. They'll go around. >> I have my statement, too. I don't know if it's that time >> again. Statement.

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You can you can speak to us. >> Okay. >> Is that point now? >> Have you not yet report? >> Not yet. >> No, not yet. I have one more question actually for the applicant and

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regardless of who did anyone the applicant anyone on behalf of the applicant discuss this proposal with the next door neighbors before

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doing the plans? Not not before the plans, but once we submitted them, I did out of courtesy, I went over just to talk to Merrick TJ >> just to let him know, you know, what our plan uh were beforehand just to give an

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opportunity, you know, >> did that did those discussion don't tell me what, but did those discussions um result in any changes in what you propose to do.

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>> No, >> again without telling me what were there any specific requests for changes? >> They had requested that we do the onecar garage instead. You know, I explained to them that, you know, the reason why two

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car I had a a heart attack back 2011. I right now seven cardiac stances, one of my a cardiac patients. So we don't shovel and so ever since my heart attack in 2011, we've been having someone come to plow

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our driveway and just recently said we paying them to even brush off the cars, but they do such an awful job. I mean they brush the snow off and it's more challenging the next day I got to get get all the ice off, you know. So we want >> still out there,

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>> right? I'm still working. My wife is home. So we needed two cars still commuting to work, you know, for >> all right >> for health reasons. Yeah, it's it's it's healthy. And and the reason why it's it's forward is my wife has bad and bad.

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>> Unfortunately, when we talk, this is something that we always run into. Hardship in terms of variance does not relate to people. It relates to property. A hardship

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in prop in property terms is for instance a lot that is what about 60% of as big as it should be quick and dirty in my head or a a site where there's no level

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ground and there's all kind times a rock, that sort of thing. That's a hardship. Um, I can't do this or that isn't a hardship under the law when it comes to property. So, as compelling as it might be, it's

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not something that the board really can consider. All right, Ed, was there anything else that you all wanted to do in terms of summation? >> No. Again, uh we're just doing a a one-story addition trying to get a twocar garage onto the site. Um for the

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homeowners, uh again, uh being a corner lot, uh just makes it tough for that left side. uh that we're looking at. >> All right. >> And

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love to have the two garage for them. >> Can I ask you one question? How wide is there existing driveway? Do you know >> the existing driveway? Just in reference to their picture, they show the white car in the driveway.

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>> Y the existing driveway goes all the way up to the house. So it's >> Yeah, it's about 22 ft. 22 to the house. Okay, that's what it is now. We'll go to the board for comments.

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>> Brian, you have any comments? >> You want to get comments from the U audience first? >> Yeah. >> Yeah. >> Okay. >> It's okay. >> Yep. >> Wait. Stanley has a question. I think >> I still have a question. >> Okay. Sir, I don't think they covered

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this subject. How will this fit the neighborhood as to garages? >> There's a number of garages that were which I have done.

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>> How many twocar garages are there now for homes similarly designed or sized? There's a number of them. >> I have the pictures for Roberto Lane, >> right? So, but then there's others on

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there's others on Gerard and Kathy. Um I was here two months ago for one on Cathy, a two-car garage across the street. The dentures, that's a twocar garage directly across the street from them. >> What are the side yard variances on

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those twocar garages? >> I'm not sure of the exact number. about the one that you got approved. >> The one across the street, the dentures, I don't recall. There was an existing detached garage there that we knocked

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down and put up that I don't know what the I don't want to just throw a number at you, but it's less than 10 ft. That's why we were here for variance. >> If you look at that exhibit, just so I don't know the exact property line, but there's between the two driveways, you can fit a car there. So, you've got the

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length of a car. the shoe drive. There's only two houses on the block with a twocar garage. Um, this and Adam Garcia, which is the number eight one. And as you can see on K, his is detached and it's pushed way back in the lot. So, the

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pictures show everyone else either uh pretty much has a onecar garage. Um, and this one here, the location with the property being the two driveways are together, that whole landscaping in the middle, the distance from their house to their house is significant.

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>> Structure to structure. >> Yeah, structure to structure. >> You answered my question. >> Okay. Sorry. Approximately the elevation difference between the ex existing deck and the new sun room floor is equal

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>> equal. Can we ask the witness a question? >> What a what a taller fence than the six foot wide vinyl fence. >> I think six foot the max by this the standard of the town. Correct. >> That is correct. >> Six foot's the max.

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for the corner lot? >> No, for the interior lot anywhere. >> Anywhere. Six feet is max. >> Could they apply for a variance for an 8 foot fence? >> I don't think we've ever I've been here 26 years. I don't think we've ever had an application for such nor has it ever

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been approved. >> The question way, >> but that's not next move, next order to rip them down too. >> Yeah. >> Yeah. Um and I don't know if Joe or uh

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but uh is it uh is there any restriction on moving the driveway? Like is there any reason it could be on instead of Roberto >> Herard? Well, I would answer that question and maybe that can chime in. I think

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part of this whole process you know why people come for varants or lot you know some cases is attractive but in many cases it's actually hinders so if you say why can you move the garage onto the

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other side you know that would basically alter the whole design of the whole house and I don't think a barren process due to the topography or the size or the location of existing house on a property is meant to throw tremendous hardship,

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financial hardship onto a person, which you would have to literally redesign a whole house to try to, let's say, potentially put that garage totally onto the outside of the house, >> right? Yeah. No, I was wondering if there's any uh like restriction imposed

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on >> Well, there are no restrictions, but you have a second second front, >> right? Right. Yeah. >> Primary and secondary. That means that structure now facing Gerard would have to be 35 ft from the property line. >> Okay.

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>> So therefore now you potentially putting that structure which would be then further blocking their backyard and their swimming pool. >> Yeah. So that would change the uh the zoning requirements that that we would then have to grant additional variances for. >> Correct. >> All right. Thank you.

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So comments coming up. >> Okay, come back here. >> Miner Binger. Uh Mr. Croton, >> if you want to make >> your closing comments. I think you've

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you've told us a lot of what you think. Um so just you know um I don't feel it's a minor variance and I think the proposal would reduce that existing side separation by 83%

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approximately and they're also the setback is less than half of what the ordinance requires. Um, and I think those zoning rules are meant to protect homeowners, um, to pro protect, uh, you

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know, requirements for for light, air, privacy, drainage, and appropriate separation between neighbors. And I feel like I'm going to our house will have a loss of that, a loss of privacy, a loss of light, and loss of enjoyment of our property. We regularly use that

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backyard, the patio, the swimming pool, >> sideard, >> the sideyard also. And right now that separation between the homes, it provides privacy. It provides openness. It provides enjoyment of that outdoor recreation area. And reducing that

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separation from 23.6 ft to 4.1 diminishes those benefits to our property. Um, and I am concerned because of the pool. I'm concerned about natural light.

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You know, pools are expensive and we rely on that light to keep that water warm so we can enjoy it. You know, with structures, all that changes there. There wasn't a study done like a shadowing study or anything like that. Like I mentioned earlier, I get water in my basement. Big concern, especially

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like yesterday's rain. So, now we have a different structure, gradient changes, all of this. I don't know how that's going to affect me moving forward. and I'm the one who's going to have to deal with that. Um, and and being that that is so close, 4.1, you know, if it if I

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had that 10 feet, >> maybe I'd be a little less concerned, but 4.1 is close, and I worry about the drainage issues, and I understand that the lot is non-conforming, but I feel like you're exacerbating those those

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nonconformities, like it's making it worse almost. Um, and also the neighborhood character and the intent of the ordinance. Um, it's inconsistent the 4.1 ft sideyard setback. It's inconsistent with the

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spacing of the neighborhood and, um, it'll be noticeably different from the pattern of development that currently exists on Roberto Lane, hence the pictures. Um, and given like the unique characteristics, I still don't

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understand why it has to be 4.1 from, you know, my property. >> I think that you've covered. >> Yeah. Um, you mentioned the drainage. Um, and I think there are reasonable alternatives like there's a wants and a needs. There's a lot of wants here. We

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all have wants, right? It it doesn't necessarily mean that you should be able to get everything you want. I understand like I I am sympathetic for their health needs health needs. I have a son who has extensive medical conditions. So I understand that and we have offered to

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be neighbors. We've lived there 22 years and and haven't had any problems in 22 years. You know, I would gladly clean their car for them. I've told them that. You know, there's there's things in town where people can help like the snow angels they put up every year, calling

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all the neighbors to, you know, help people out. Like we would help. >> We understand what you're saying. >> Okay. Um and and so I think there's reasonable alternatives, but also that wouldn't have to impose so harshly with that big

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of percentage of loss on onto us. >> All right. I think we understand your points. >> By all means, if you'd like to have a seat. >> Thank you. >> Is there anyone in the audience that has

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a question for this applicant? No. Sweet to carry this to the next. Think about it. Sorry. >> Yeah. And we lost some

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extension. Turn it out. back. >> We'll take comments from the board and question is do we need more time and possibly Ed could submit some other

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photos to us? myself. I don't think so. Don't anybody else have >> think we need more time? >> I don't I think we hash this out pretty early.

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>> Rich, would you need more time per to come back next month or do you have enough? >> I think that's a good idea. What do you think, Ted? >> Me, too. >> Standy, would you need more time to consider this application?

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And Ed could possibly >> I think the question is more rather than do you need it's might it help, >> right? Just a question. What are we going to do with the more time? Are we going is first of all, >> is the applicant going to go gather some more

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>> uh information on the area and take pictures of twocar garage? I think that I think that as a practical matter, there's been an argument made against this application based on neighborhood character

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based upon sight lines and obviously um M. Bellinger and um Mr. Carlton want you to consider that and the

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question becomes would it help you to consider that if you had some more information in that regard you don't have you don't have to say yes but it's one of those things where most often this board can't make an easy

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decision most often this board does not face objectors because of the nature of the things that come before it. I think it's incumbent upon this board to make sure

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that it does everything it can do to get it right. >> That's reasonable. But I'll go back to my original question. Who's going to gather this information? Who will be charging with finding? >> Excuse me. Will I be able to gather more photos and information as well? >> I can

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Look, the idea is >> And how far radius from the house talking? Like one block, 10 blocks, the whole town. How many photos should I get? >> 200 ft. >> 200. >> Um I

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I think that planners use >> they use basically planners generally say this is the neighborhood. And >> I think that what happens is how you define the neighborhood def Yeah. How

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you define the neighborhood depends upon how far you think you need to look. But there comes a point at which you look and you say, you know, hey, you're halfway across town. That's not the neighborhood. >> That neighborhood. >> Hold on one second. That neighborhood

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consists of three streets and Gerard and >> Leonard. So Beverly, >> so that would be your neighborhood because they were all built Cape Cods at the same same time. >> I don't know if I'm giving testimony here or whatever, but >> and there are houses in that neighborhood that

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>> Yeah, that's that's where I'm going. >> I live on Kennedy Drive, which backs up to what is it? Leonard. >> Leonard. Yeah. >> Okay. So my house is totally different than what those houses are. >> So my house on Kennedy would not match

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neighborhood. >> That's the point I'm making is the the three streets in Leonard. >> Neighborhoods are not necessarily homogeneous houses. They are >> okay. >> They are

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>> what's contiguous. >> Mhm. I have a question is testifying as an architect tonight, not as a he gets to go back and testify as a planner at a different meeting instead of just part.

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Well, >> and then does that mean that I should gather more witnesses or more professionals to >> if we look if if the board deems it appropriate to not close this hearing at this point

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to leave testimony open, then testimony is testimony. You've raised planning issues that I don't I don't know if foreseeing

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>> consider a redesign. I mean, if the board's looking to vote against this, then I will look at a redesign. >> But I'm just saying I thought this was a lot better for >> next door neighbor than what's going to be coming.

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>> Then maybe the question should be you. Do you want us to vote on this tonight? >> I don't know how I didn't feel you out tonight. So, >> gosh. >> Okay. May uh may I make a slight

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statement? If you move the driveway over to Gerard versus Roberta, Gerard is one of the streets that run through to White >> Correct. >> All the way through the Dana and whatnot and Park.

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>> Yes. So that that to me in my thoughts is, you know, it could be a problem when you back out onto Gerard. >> Correct. >> It's a busier road. So when you put the driveway on Roberta, >> it's what's considered a connector

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street. You're absolutely right. Because you're going to get more traffic on that street. And the the town already in going to burough council meetings, people were complaining about the people zipping through Gerard. >> Yes. >> And you know and then the police putting

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you know a speed limit sign and everything else. >> But the people live on Gerard already half the driveways there and they manage. Right. >> Yeah. And they also manage on Leonard. >> Yeah. >> But they walked into that. It's not a

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matter of prevention. It's a matter of already a problem and they walked into that. Now we're coming from a different situation where it's not where we're looking to avoid the situation.

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That's that's all I'm I'm looking at. It's up to the It's up to the U. It's really up to the applicant. >> Can I make a comment? >> You want you want two to talk? >> Yes. Thank you. I you know from the from

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the backyard we have always valued privacy. You know, on our property, we have rows of Sharons along the back. We had to be a we put fence up. We put all the trees around the back, you know, and on this in their property. There's a

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where they would see our house, you know, the garage. They could put a tree there. They could put bushes in there. It's it's sort of, you know, one corner of the yard that they would see. They could put and block the view and then, you know, and they have beautiful,

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>> you know, There's storage there for kayaks. We kayak new along there. >> But with all due respect, you're asking them to modify their home to make adjustments for you and your needs, but you're not really listening to them right now and what they're also

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advising. So, I think we should listen a little bit. >> We've just certainly tried to create everything that we possibly could to create privacy on our end. And the other thing that was stated

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before was for the coverage for runoff. Um the existing coverage is 32.68. We're going to 34.07 because we're getting rid of a lot of the garage is becoming I mean a lot of the driveways becoming the garage. We're

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only going up just slightly over 1% coverage on this. Um, so for water runoff, it's not a big deal. Um, it's exactly what's there now. It's not like we're putting up this big addition that

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was all over grass area. Yeah, >> if I make just one of the comments, she uses a dimension from 23 feet to four feet, >> but in reality it's 10 ft

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>> to 4T. So, it's really a difference of 6 feet, not huge, you know, 10 ft. >> It's an existing association >> because you're taking it can help them. >> You're entitled to matter. I'm 10 ft. We can help this for

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>> Mr. Chairman. Whatever kind of vote you wish. >> Do we feel like we're ready to vote on this application? >> Okay. >> You guys are pushing off or not. I was hoping they would just push it over a little bit. Maybe like one and

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a half. you know, get a little more forefoot. I mean, >> this board cannot make people do anything. That being said, would the time between now and the next

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meeting be of time where neighbors could talk to each other with the architect as well and see if there's anything that can be worked out that makes everybody reasonably happy. That

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being said, compromise ultimately leaves everybody somewhat unhappy. >> That's that's the nature of compromise. If you all think there's a compromise to be had

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and if you want two minutes to go out into the hall, all five of you and see if it's worthwhile. If not, >> if not, let's rock and roll. But we

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can't spend all night on this. >> Good suggestion. Good suggestion. >> As I say, I'm not asking you to come up with a final idea now. I'm asking if if you spend a couple of minutes right now,

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>> can you might you be able to find something? If if you all think that there's no way you can find anything, then >> what's the point? >> Yeah. >> So, could you all

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>> could the five of you go out into the hall and talk for a minute? We'll take a five. We'll take >> We don't want to go below 10% back is our >> Yeah, >> that's our >> You know, I'll just

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>> Okay, there's >> I mean I'll I mean, we're looking to do a redesign like I said earlier, like Rich said, the double stack. We're going to be going into the backyard now. >> Yeah. this is becoming a bigger addition

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off of their pool and they're definitely going to see it from the pool in that backyard that's all just trees now. >> Um so right now that's what they want. >> They won't see it now with

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>> right now it's the backyard. It's two backyards with a pool looking into a backyard. Now I'm going to push an addition into their backyard to get what they want to have a single garage double stacked.

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>> But what does double stack mean? >> You pull one car in and then another car behind it. >> The double stack. So it's longer. But then in order to get what they wanted with the kitchen and the sun room, I have to push everything into their backyard now to get what they want. And

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how many occasions would they use this longer garage? >> They'll have one car in that garage because >> I know then they got to move to get the other one out. >> Right. >> I don't want to be in that household.

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>> Negative sides. >> I'm just saying a redesign is going to I think they're going to not like at all as opposed to this what we have now comments by the

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>> take final comments from the board. Brian, >> um I would be in favor of the application. I think it's an undersized, you know, it's obviously an undersized corner lot which has its limitations and of all the alternatives presented tonight, this seems to be the best

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solution. I can understand the concerns of the neighbor, but this is uh something that complies with the town planning where they want a garage with a house and it's not something that we haven't approved before just in my short tenure with the

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board. So, I would also be in favor >> and I I also can respect the concerns of the neighbors. I feel like we listened to both sides of the uh testimonies. I just want to make sure that the applicants had an opportunity to speak as well. I would also be in favor of

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this application. I I think that what was presented tonight, this is the best solution and as Cliff had mentioned that it's mostly about the the land usage and maximizing that uh ability and and and I think that this presents it as such.

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I also agree with I'm sorry. Uh I would also be in favor um I you know I think you know it's not ideal um in a lot of ways but that is the hardship that brings it here right and you know a twocar

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deep garage doesn't make a whole lot of sense and doesn't work so you know again I can't find a better solution and I think you know I believe uh also the alternatives presented will be in fact worse for everybody

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I also agree with the comments of my other board members. >> I would not be in favor of it. I I would like to see the 10-ft setback maintained with an oversized onecar garage or other alternatives be looked at. Whether you

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have a entry point off of Gerard, maybe that's something that can be explored and with a garage off of Gerard. I know it didn't sound like that was feasible, but think that should be looked at. Or maybe a car port of some kind. Maybe that would be a a better alternative and

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and uh maybe then encroaching on the setback might be more feasible. Otherwise, I would not be in favor of it. >> I feel uh exactly the same way as Phil. Um, an oversized onecar garage, you get a little more space on that side and 4

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foot is unacceptable. Um, maybe maybe the onecar garage with a with a carport, but I would not be in favor of the average. >> I'm in favor, just so you know, I

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already have a 4ft space between my garage and the property line. stuff. Uh, and I understand the situation you're dealing with. Uh, there's a lot of problems and you I think you're trying to fit what you can

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into that area. Thank you. I would not be in favor of it as written. I would only agree if they restricted themselves to the maximum 10- foot setback.

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>> Could I have a motion to approve this application? >> I make a motion to approve this application. >> I'll second. Go ahead. >> No, you can. >> I'll second it. >> Second choice. Compass. >> Mr. Neman. >> No.

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>> Mr. Sarako. >> No. >> Mr. Barski. >> No. >> Mr. >> Mr. Centennio. >> No. >> Mr. S. >> Yes. >> M. Lepino. >> Yes. >> Mr. Marjack. >> Yes. >> Mr. Hartman.

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>> Yes. >> 54. >> Yes. I guess >> right it's approved resolution will come out at our next meeting

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and basically the ideas that were put forth to the last applicant. These decisions, there is a mechanism for appeal.

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There's a mechanism for appeal to the town council. Alternatively, there is a mechanism for appeal to the superior court. And in either case, there are time limits.

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And it is not the job of any board to give legal advice. If anyone wants to check what their alternatives are legally, by all means, consult council. All right.

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And needless to say, everything that you heard before applies to this approval. Uh the COA assessment and the objection period. Thank you.

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>> Can I be excused for the door. Please Do you want to do you need a minute? There you go. >> I'm good. I'm good. Let's go. >> We can They can come up, but we have to wait till they come back. Our next

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applicant is Reed, 54 Evergreen Street. Are you sure? >> And we have to wait till they come back. >> You're working off this. I'm working off this. This is Yeah, we do. It's a fridge. Yep. They have the proper

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Thank you. >> What are they planning on doing? Oh boy. That's right. to get cry from the Okay. >> Mr. Mrs. Reader, would you raise your right hands? You swear testimony your

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breath here should be the truth, the whole truth, and nothing but the truth. So you got >> Yes. >> Yeah. State your names each of you. Spell your last. >> Christopher Reed. R E D. >> Jessica Reed. R E D. >> Mhm.

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>> All right. >> Shockingly, Mr. Sherman, you're still under oath. You don't want four feet, do you? >> 12. >> Just asking. >> Got 12. 12. 12.

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>> All right. Mr. Sherman, why don't you give us an idea here? >> All right. Uh this is 54 Evergreen Street. It's in an R1 single family residential district. Um the area required is 15,000. The existing is

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10,000. Um it's an undersized lot and also the depth is required to be 150. It's 100. So it's the shallowess of the lot. So, we're seeking a C1 variance for the

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undersized lot and the shallowness of the lot. Uh, what we're looking to do is an addition to the side of this house. Um, it's a split level. Uh, looking to do an addition to the right side and

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also um an addition above the uh living room dining room area. >> Um, and also doing a covered portico on the front. Uh the exist the setbacks for this area for a front yard are 50 ft.

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The existing house is at 25.3. The new addition will be 274. It steps back. Um but we are looking for a variance for the portico uh which would be 20.8.

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We're looking to do a cover over the front entrance. So uh that would be 20.8. Um, also the existing rear yard for this zone is zone for 50 ft. Uh, the existing rear is at 48.6.

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The new addition to the side will just match that. So, we're looking for the 48.6 to the rear. Again, because of the shallowess of the lot, we're looking for the front yard and the rear yard setbacks on this house. Um the actual

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layout of this again it's a split level. So on the first level we're just looking to get uh a larger kitchen with a dining room open floor concept there with a uh new living room to the right side of the house. Uh no sideyard setbacks with the

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addition. No uh problem with coverage. Um just again the front yard and the rear yard setbacks. And then above, they're just looking to get a master bedroom suite above uh with the bedroom, the bathroom, and just moving the

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laundry up onto that level. Also, um and that's the presentation of this one. I have a on my denial letter, I put the side bearings instead of the rear yard

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bearings. Although the requirements are reflected variance. >> Is mart existing? >> Correct. Yes. But I I put in on my denial I put front yard and also side yard. It should be front yard and rear yard.

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>> Amen. >> All right. Fair enough. I appreciate that. Um, >> sideyard. All right. But when it comes to the rear yard, it's just a continuing variance. >> Correct. >> And >> I'm sorry. It's just the what variance?

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>> Just continuing variance. >> Continuing. Okay. Existing. >> And with respect to the front yard, it's an exacerbation. >> Correct. >> Of an already. Well, the portico is the actual addition of the house is just a

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set back from the front. >> Have we gone up up one side and down the other of this? >> Don't don't we just simply measure from the street to where the house is. Correct. Whether it's a portico or >> Oh, we do. >> So, so here's here's the scenario.

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>> We don't get to do percentages. >> We need a new we need a new got to go with like the one Here's the thing. >> If a person came to the building department, okay, and asked to build a protocol or existing front entrance, I

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grant those permits. Okay. Because >> it's already there. >> Exactly. I view that front yard setback to the foundation wall, but Mr. Sherman puts it in a bar and and has request. So, we go along with it. >> Well, putting it in.

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>> Yeah. fitted then this is an existing platform that I'm putting two pillars on. >> Yeah. >> So I don't even have to go for this bearings. >> No. >> Uh no because from Jet by just 50 ft you're at 27 even with >> just for the house but not the portico.

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I don't need to I don't need the 20.8. >> Correct. >> I just get you back some. Ed >> stop getting back and take it. You still have to come. Exactly. But it's just for the addition. It's the 27.4 and the 48.6

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for the rear. >> Mhm. >> Or the two variances. Ed, if I'm still hung up on this, maybe maybe I need counseling. But

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if if where you're putting the portico is an existing platform, then shouldn't the existing B20.8 >> but it's not a house. It's an open >> just a landing. >> Just a house a landing. We've never

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>> we don't consider landing. Correct. Only only the foundation itself. >> Correct. The house. >> But no. So, right. I understand. But believe it or not, I was redoing my stoop.

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>> Yeah, please do. >> We'll take questions from the board. Brian would like to start. >> So, just continuing existing variances. All three of them. Uh, front, rear, and >> just front and rear. Just the two.

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>> Oh, okay. So, just the two. >> Correct. >> So, you're building basically on the same foot. I have no questions. No questions. >> The concrete patio in the back is not part of the foundation. It's just not >> existing, right? >> Yeah.

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>> Oh, no. This is a new one. There there presently is an existing concrete. This will be a new just patio. >> Oh, >> which is included in the coverage, but >> it's not covered. >> Not set, not set. No, >> no, no other questions.

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>> I have no questions. >> No questions. Uh, none. >> No questions from me. Ed, >> do you have any final comments? >> No. Again, uh, >> questions from the audience? >> Just

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the, uh, the narrowness of the or the shallowess of the site because we required 150, we're at 100. So, it just brings on front yard and the rear yard, you know, and the rear is existing. Is there anyone in the audience that has

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a question for this option? >> Please, please get out of here. >> All right, >> take final comments from the board. >> Uh, I'd be in favor. It's an exist

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pre-existing conditions. >> I also would be in favor >> echoing the statements my former board members. >> Yep. So, >> I'd be in favor. I be in favor. >> I be in favor. I like it and welcome to Waldor. It's a very good application.

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Do >> I have a motion to approve this application? >> I make a motion to approve this application. >> First I'll second, please. >> Mr. Nean, >> yes. >> Mr. Sarah, >> yes. >> Mr. >> Yes. >> Mr. Walsh. >> Yes. >> Mr. Centennial. >> Yes.

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>> Mr. Senzo. >> Yes. >> Miss Lino. >> Yes. >> Mr. Marac. >> Yes. Yes. >> Thank you. >> All righty. Mr. and Mrs. agreed, you were here and were able to hear. Again, just to put it on the record, the

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addition adding on to your house to the extent it changes the valuation will trigger a COA assess assessment and that will be figured by our tax department and will become a

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prerequisite to getting your building permits and then later to getting your continuing certificate of occupancy. See with respect to the approval itself once again

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there will be a resolution written and hopefully it's passed on the 26th of August that trig that will then be published in the paper of record

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upon the publication the 45 days for somebody from outside to object. is triggered. And then at the end of 45 days, if nothing happens, you're in the clear. You can judge what the likelihood of

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that is for yourself. >> Thank you all for coming here. >> Thank you everybody. >> Have a good evening. >> Mr. Sherman, are you hearing me? You're out of here. >> All right.

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>> Our next application is Lindberty Msina, 49 Smithfield Road. >> We're harmless. I was very impressed by that. That's a great job. Mr. Lambertie, raise your right hand, please. Testimony, you're about to give

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me the truth of the whole truth and nothing but the truth. Self beg to God. I do not >> state your name. Spell your last for the record, please. >> Jonathan Daniel is L A M E R T I. >> Okay,

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help us out. What do you want to do? Okay. So, we have a >> Why can't you do it? >> That's right. We have a single family residence in the R1 zone and we are looking to the split level very similar to the house that was just before us and

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we're looking to build an addition to the left side of the house above the current living room, kitchen, family room. >> And we're also looking to go back a little bit about 10 ft. And I believe the existing setback requirement um for

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our area is 39.7 ft. Our home it was built in the 1950s or 60s before that requirement was in place. So the existing structure is non-conforming in order to to have an aesthetically pleasing addition on top. We need the

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bearings because the setback requirement is 50 ft and we just we want to just build a single level above the existing structure. We talked with our architect about something aesthetically not pleasing like building the second level 10 ft back of the existing front of the

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house so it would be conforming but no one thought that was a good idea. So submitted the variance application. >> Okay, help me out. The the proposed upstairs addition

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is it protruding further to the front than the house does now? >> No. >> So, and it protrudes further to the rear than the house does now. >> It does further to the rear, but we don't have any variance. >> All right. So, there's nothing happening on the front in terms of variance.

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Uh if that is the correct answer that's fine. >> Exacerbating the existing condition. >> Is it exac exacerbating by virtue of the house being bigger? >> Correct. >> Okay. >> How about the backyard? >> It's no issues. It's strictly

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existing front yard set. >> That's it. >> Legally non-compliant. >> Well, it's exacerbating the existing condition. Hence the front yard is required to be 50 ft. But the house when

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it was built was built at 39.7. That's where we are. >> Same problem I had. >> Yeah. >> Yeah. for for the board's edification. The way the law reads, you don't have to actually cut down the

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amount of space to exacerbate an existing variance. The mere fact that you build onto what already has a variance exacerbates the variance and that requires this floor.

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So, I'm happy to answer any questions you all have, but I think our applications in order very straightforward. >> Are you an architect? Did you just say okay? >> I did not bring an architect. >> Okay. No, that's okay. I just Oh, no.

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>> You created Mr. Sherman's our it's our neighbor, but for reasons our builder recommended, we used a different person. I didn't know I I was supposed to bring it. I apologize. >> No, I just ask you if you created that. >> No, no, >> an applicant has the right to present

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their application however you wish. >> That's what I was hoping to get. Joe, I have a question. >> Yes, sir. >> The deck is that that falls in the setback requirement. >> It does. >> Does. >> Okay. Well,

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there are two answers there. The debt could be legally non-conforming. sub meaning is that if it's less than 275 square ft uh it doesn't count for lot coverage and there is a provision for a rear yard requirement but this yard is so large

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that there's not an issue you know a couple years back we were actually you know building department was allowed to approve this application just 5 to permit there was a some low suit where

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went pretty for up and unfortunately it set a precedent that any home that is legally nonconforming by virtue of even doing an addition of existing footprint okay you exacerbating that legally nonconformity and hence

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everybody now has to come for records >> in fact even if you step in from the footprint you're still exacerbating it correct because you're adding footage >> so I would love to just approve this and save a lot of people I have a limit and

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ultimately I need some motivation but anyhow that's what questions from the board. >> No questions. >> No questions. >> I have no questions. >> No questions. >> No questions.

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>> Merry Christmas. No questions. jump with the gun. >> Appreciate it. >> You have any other questions? >> I don't have any questions. >> Does anyone in the audience have any questions? >> Not very good. There's no one here.

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>> Do you have any final comments? >> No. This was uh very educational and I enjoyed and thank you for your time and attention. >> Show up more often. You can get a seat here. I love my ladies class. I swear look fascinating stuff.

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>> It's interesting stuff. Do >> you have any final comments? >> I'd be in favor of just existing conditions. >> I would also >> I'd also be in favor >> I would also be in favor. >> I'd also be in favor. >> Same here. >> Looks good. >> Good application. >> Thank you.

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>> Motion to approve the application. >> I make a motion to approve this application first. >> I'll second it. Not in second choice. >> Mr. Ne, >> yes. >> Mr. Yes. >> Mr. >> Yes. >> Yes. >> Mr. Centennio. >> Yes. >> Mr. Senzo.

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>> Yes. >> Mr. Lepino. >> Yes. >> Mr. Marjack. >> Yes. >> Mr. Hartman. >> Yes. >> Okay. Mr. Lanverie, you are approved. The two things you have to be aware of is that adding on to the house will

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trigger an assessment under co-op council affordable housing that the number will come from our tax assessor that will be split into two payments. You won't be able to get permits until you pay the first half and

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you won't be able to get a certificate of occupancy until you pay the second half. As far as the potential for objectors goes, even though the room is empty, I have to tell you that this will be reduced to writing for the

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for our next meeting on the 26th of August immediately thereafter be published from date of publication. 45 days are given to anyone who objects to file an objection.

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Usually if there's going to be an objection file, you know it. But we have to accept the fact that sometimes things go out of nowhere. >> Thank you for your patience. I know.

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>> Yeah. Thank you so much. >> Do I do I actually have to be here on the 26th cuz I'm supposed to be supposed to be somewhere else. Let's just enjoy our company that way. >> Wife could be here, but we have three kids. >> Your architect's got to come next. >> Yeah.

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>> That'll fix. >> Incidentally, um, do you know Caesar Pil? >> Yeah. >> Yeah. I've known him for 25, 30 years. >> Yeah. He's a great guy. >> Y, but but he's all the way down Point Pleasant now. He used to be in Glenrock. >> He is further down. I would say we learn

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that. But yeah, he was John Mac a lot. really appreciate your time. >> I've only heard that last name once. You didn't have any relatives who were college professors, did you? >> No relatives that Well, my mother was a

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my grandmother was not a Lambertie professor at Syracuse University a long time ago, but Right. Thank you. >> All right. Thank you. >> Thank you. >> Watch the adjournment now. Thank you everybody. >> Thank you very much. >> Good night.

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>> Do we have any old business to discuss? >> Do we have any new business to discuss? >> I have a question and Cliff will probably straighten me out >> when when I not to ask it. >> When I look at the uh Knights of Columbus.

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>> Uh no, you're not looking All right. Thank you. You are not looking at the Knights of Columbus because that is not a finished application yet. It is still open and therefore you can't be considering it. Right. Right. Good. I'm glad we covered this. >> We can't even talk about it.

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>> I can't even ask a question. >> No. >> Okay. >> It's not before us. Peace. >> Thank you. >> You can can ask questions. >> You guys can ask questions when the applicants here. >> Very good. >> We're not in their absence. Thank you

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for straightening me out. >> All right. >> Motion to adjurnn. >> I make a motion we adjourn. >> First, >> I second it. >> All in favor? I I >> I I