WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=o2wVcKOHm2E

NOTE
MEETING SECTIONS:

Part 1 (Video ID: o2wVcKOHm2E):
- 00:00:00: Meeting Call to Order and Roll Call
- 00:01:13: Approval of Meeting Minutes and Resolutions
- 00:04:36: One Smith Street Application Introduction and Background
- 00:08:43: Engineer Bruce Rig Testimony: Site Conditions and Analysis
- 00:18:11: Engineer Testimony: D Requirements and Site Design Impact
- 00:23:51: Engineer Testimony: Variance Request and Compliance Details
- 00:31:17: Engineer Testimony: Landscaping and D Definition
- 00:35:24: Board Clarification: Variances, Driveways and Use
- 00:36:44: Board Clarification: Deed Restrictions and Retention Systems
- 00:41:19: Board Clarification: Floodgates and Single Family Homes
- 00:43:34: Board Clarification: Driveways, Drains, and Flood Vents
- 00:51:36: Board Clarification: Sidewalks, Curves, and Aesthetic Review
- 00:56:26: Public Comment: David Titus - Surrounding Homes
- 01:00:36: Public Comment: Frank Petraelli - Flooding Concerns
- 01:07:57: Public Comment - Explanation of Flood Water Movement
- 01:10:54: Board Clarification: Stormwater Management Compliance
- 01:14:55: Board Clarification: Topography and Better Design
- 01:17:16: Board Clarification: Engineer and Basement Flooding
- 01:17:39: Architect Lorenzo Frankina Testimony: Qualifications
- 01:21:15: Architect Testimony: Design Process and Site Particularities
- 01:27:21: Architect Testimony: Size, Parking and Site Amenities
- 01:31:15: Architect Testimony: Design Aesthetic and Neighborhood Transition
- 01:32:16: Board Clarification: Roof Pitches and Interior Volume
- 01:34:08: Board Clarification: Two Family Housing and Streetscape
- 01:41:53: Board Clarification: Position and Neighborhood Fit
- 01:47:19: Public Comment: Frank Pertraelli and David Titus questions
- 02:05:12: Request to Adjourn the One Smith Street Application
- 02:06:31: Application: 129 W View Drive Introduction
- 02:10:13: Testimony of Architect William Brown, Describing Plan
- 02:21:32: Resolution to Approve 129 W View Drive Application
- 02:22:53: Requesting variance for 23 Camber Road for Sunroom
- 02:27:02: Modification to Camber Road application by dropping deck size
- 02:29:39: Resolution to Approve 23 Camber Road Application
- 02:31:41: Old/New Business and Adjournment


Part: 1

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The meeting for which the date, time, and location is set forth in the annual notice of meetings adopted by the world zoning board in accordance with the open public meetings actual notice has been filed with the bur clerk. Copy posted in the vestib of the world administration

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building and copies transmitted to the official newspapers of the bur as designated by the governing body to it the voting record and the news to roll please. >> Mr. Nean. >> Yes. >> Mr. Yes, >> Mr. Barkski.

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>> Yes, >> Mr. Walsh. >> Yes, >> Mr. Centennial. >> Yes, >> Mr. Senzo. >> Yes, >> Miss Lepino. >> Yes, >> Mr. Meerjack. >> Yes, >> Mr. Hartman. >> Yes. >> Will everyone please rise for the pledge

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of allegiance? I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Good evening everyone.

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Is anyone in the audience here for an application that's not being heard tonight? We'll do our approval from the minutes from last month. Has everyone read the minutes? >> Are there any comments about the minutes? >> No. >> Could I have a motion to wave the

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reading of the minutes from last meeting? >> Motion to wave the reading of the minutes. >> Ted first stand second. All in favor? >> I opposed. None. >> Motion to approve the minutes.

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I make a motion to approve the minutes. >> First by Ted, >> second. >> Second by Stan. All in favor? >> I I opposed. None. Okay. We have three resolutions from last month. Atkinson, Moody, and Kellaher.

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Has everyone read the resolutions? Are there any comments? >> No. Motion to wave the reading of the resolutions from last month. >> I make a motion to wave the reading of the resolution at Moody and Kalahar

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by Ted. >> Second by S Joyce roll call, please. >> I need a motion to approve. That was the way for >> Oh, that was a motion for >> approval. I mean,

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yeah, it was. >> Okay. So, who was it? Atkinson is first. If >> who who made the motion for >> uh Ted and Stan? >> Okay, you ready for the roll call then? >> Yes. >> Mr. Neman? >> Yes. >> Mr. Sarakola? >> Yes.

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>> Mr. Walsh? >> Yes. >> Mr. Senzo? >> Yes. >> Miss Lino? >> Yes. >> Mr. Barkski? >> Yes. >> Mr. Centennio? >> Abstain. >> Mr. Hartman. >> Yes. >> Mr. Jack.

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>> Yes. >> Our first applicant tonight is one Smith Street and W. >> Yeah. Are you doing the taking a vote for the other two or are we doing them jointly? >> I do. We can do them separately. You want Do you want to do them separately? >> Okay. I'll I'll just do them together. >> Okay.

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Excuse me. Do you have a car? >> Excuse me. >> Do you have a car? >> I probably not have one on me this evening. I apologize. >> Which one? >> Okay, let's see.

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Good evening, Miss Gardo. Nice to meet you. >> Good evening you as well. >> Thank you. Good evening everyone. Jennifer Bard of the firm Wells Dorski and Leman on behalf of the applicant onemith KOC LLC who's the contract purchaser for property located at one

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Smith Street which is also known as block 131 lot 20. It's located within the R3 uh Lily Residential District. This property is an oversized corner lot with frontage along Old Smith Street as

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well as West Crossbach Avenue. It is oversized more than two times this size where 7,500 square ft approximately 16,000 square ft exists. The property was uh is owned by the Gulf Columbian Association who has been previously

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utilized as the Knights of Columbus fraternal organization but has not been in use since co This property has been vacant since that time. Um, uniquely about this property, it also a lot in the rear and the oak is broken. So,

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there are significant environmental constraints which um have impacted both the design and the development of this property. And what the applicant is seeking to do at this time is to demolish the existing one and a half story building and to reconstruct a two

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family dwelling on the property. With that construction, the applicant would be eliminating the existing front yard non-conformity. We're presently 2.5 ft going to a conforming front yard setback. Um the applicant is seeking

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variance relief this evening for the use as uh two family homes are not permitted within this zone as well as for three stories where 2.5 stories are um permitted. Um what we're going to hear

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today from the testimony is that the variance relief that is associated with this application really is due to the environmental constraints that exist. So there are certain DP requirements that have come into place and in effect which

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prevents the subdivision of this property to permit to single family dwellings which would have the same density would meet all requirements. Um, but one thing that is very important to note is that with this two family dwelling, you can meet all of the bulk

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requirements that are associated um, in the zone. But for the three stories, this is direct link to the environmental constraints. And this uh, project really is particularly suited for um, this property itself. The project it's going

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to be aesthetic improvement um, both to the property as well as surrounding neighborhood. It's going include what storm water management does on site. Um it's going to be compatible with the surrounding area and the other uses that are there presently today. And it's not going to have any substantial reductions

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to the surrounding neighborhood or something. I do with me this evening have our engineer, architect and planner to provide us with some site history testimony and exhibits uh to assist with the justification and

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writer's relief this evening. Unless the board has any questions for me at this time, I'd like to call Mr. B. Questions. >> I'm sorry. >> Do you have any questions, sir? >> Okay. Not sure which way

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we have Sir, your name? >> Bruce Rig. >> Hello, Mr. Rig. Mr. Rig, if you'd raise your right hand, please state your names to spell your last. I

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>> Bruce Dream R I G >> swear swear >> to tell the whole the truth the whole truth and nothing but the truth self be God tell the truth truth self be God

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>> Mr. I know the name obviously but if you give us the benefit of your education experience to qualify as an expert. >> Sure. I have a bachelor of science civil engineering. I've been licensed as a professional aid surveyor since 1976. I've been a professional engineer since

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1982. I'm also a certifi certified municipal engineer by the nutrient society of municipal engineers. Uh I've been practicing for 50 years. >> And uh practicing once more. >> All right. >> Licenses are all in good standing.

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>> Yes. >> And you've been before this board any number of times, correct? >> In the past. >> All right. Folks, once again, Mr. Rig comes before you as an expert in the field of engineering and surveying. As

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such, he is entitled to give opinions which lay witnesses are not. If at any point you find his opinions to be helpful, you are absolutely entitled to accept them and use them in your decision. However, if you find his

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opinions unpersuasive for whatever reason, you are not required to accept them. It's very much your determination. Now, Mr. Rick, uh, you can confirm you've been visited the site on multiple occasions. >> Yes, I have.

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>> And you perform certain analyses to assist with preparation of the site plan. >> Yes, I have. >> And you have had the opportunity to review the burrow's ordinances, zoning requirements. >> Yes. >> You've also had the opportunity to analyze certain DP requirements which

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would be applicable to this site. >> Yes. >> Okay. um if you can I know that everybody is very familiar um with the property but to just assist um with the site background here I'd like to mark as

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exhibit A1 which is a packet of photographs of existing uh site conditions and Bruce whenever you're ready if you could just take us through these photographs and Thank you.

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>> Can you just move the microphone closer to you when you go back? Thank you. These photos actually first one is aerial view of the site. >> Uh you see on the corner Smith Street

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and West Prospect there's a uh demarcation on our building location just shown in the bottom center of the plan. >> You'll give me a moment. Um the entire packet of photo of photos mark them as A1. >> Thank you sir.

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>> Uh the second >> Excuse me sir. Could you move the microphone closer to >> Sure. >> Thank you. >> The second actually building uh south on Smith Street. Um the second one is looking directly

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towards the building on Smith Street. Uh third is the same photo near the intersection of West Street. Uh the next photo is across West

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Prospect Street looking north. Uh once again next photo is the same. Uh our next photo is showing the the landscaping which is along the uh side of the property on the east

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side of the property. Second photo. >> Thank you. Uh now reviewing uh the site plan utilizing the site plan that you prepared as part of this application that has been submitted to this board already as part of this application

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could you please just review for us the existing site conditions now that we've seen them. >> And if you would please mark that A2. This will be uh topographic survey property at one Smith

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Street last realized March 26, 2026. >> Um shows existing conditions. >> Uh once again showing building West Park Prospect Street. >> Excuse me sir. Can you you have to hold the microphone. I'm sorry because the people in the back are gonna be able to hear you.

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>> Try this. >> That's better. Thank you. >> Uh again, this is lot lot 20 lot 131. Uh notice one Smith Street. Uh on this plan West Prospect Street is on the bottom of the page or the southerntherly side of

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the property. Smith Street is on the west side. There's a ditch on the east side. It's it's not brook. It's actually a tributary to the homebrook. The home is further down further down the street

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closer to the schools going further to the west. If you note on here, the setbacks to the existing building are 2.6 ft off Smith Street, uh 26.6 ft off of West Prospect, and

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it's approximately 50 ft off the rear property line. Uh what we have noted on here uh in a red line along that ditch is we had an environmental firm come in and and designate the limits to the what's considered state open waters.

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There are no wet wetlands associated with it but with the state open waters at this specific instance there's a 25 ft repairarian buffer. Uh the entire site is in the uh flood zone from the brook from down the street. It's not

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bordered from this tributary. This tributary depending on the the day and the time we've had the rain over the weekend that may be bordering it now or other days where you've been here and it's dry but the post is not. Uh we now have

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since the state has changed regulations actually I've spent two months during the past two or three months during 2025 and into January of this year uh back and forth with the D to make sure our original plan was in order and of course

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in January 20th this year they changed all the rules. So while we had the conversation that never came up till after that having said that we can still apply for permits slightly different in hand but uh the site is still can be

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built in the exact same fashion as what we originally proposed all the trees that are shown on here. There's only one tree shown on here which is approximately 3 ft away from the existing building. Uh that's the only tree that you'll see any place on

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the plans is to be removed. All the rest of the trees will remain intact the way it is now. Um one of the conditions of the state is you're not supposed to remove any of the repairarian buffer and we're not doing it. Everything would stay in place.

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Uh the flood elevation is 220. The actually the flood hazard design elevation is 224.6. uh the uh state has come up with their uh climate adjusted elevation of 2 ft.

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Uh so they raised the elevation here. So the actual elevation here now is 226.6 six, which essentially puts this entire property, all of Smith Street, uh all of West, essentially the entire neighborhood will be uh in the I've got

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the initation in the uh new flood elevation uh to work with. Uh this is what we started with and we came up with a proposal that we have on the site plan. If you could just also take us through

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these the D requirements and how that kind of impacted the design and the development. >> Sure. >> Um what are the restrictions that we were really working with? >> Well, I know they have they copies of the regulations that are

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specific that caused us to come into this configuration instead of another configuration. >> We can mark this as exhibit A3. Um, and it's a copy of section NJAC713-12.4 >> and 12.5 >> and 12.

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>> 12.5 is the critical section of the AP regulations. Thank you. M if you could just take us through um these regulations. >> Uh one of the things that >> Can you speak into the mic?

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>> Can you do that? >> Hold it right up to your mouth. Try to close it. >> Just have to hold it up right right next to your mouth. >> Got plenty of cord here. >> Yeah, just hold it right to your mouth. >> Yeah.

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>> Why don't I sit down and that's fine? >> You speak right into it. section uh state of New Jersey. Uh, one, we could go ahead if this was not in a flood zone, subdivide this property into two conforming single family building

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lots, build two single family homes with no issues. Uh, from uh, no variances what we're planning for. uh what I pro provided to you on page 141 uh section L

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of this 4.5L essentially states that we could still do it for a subdivision but we're only entitled to one element subdivision. So if any subdivision is created after the year 2007, you're only allowed to

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build one house. You're only entitled to one. The state can't take your right to build something, but they don't will not provide you with the right to build a second. However, you can build a duplex. That's permitted. A single family or a

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duplex can be constructed. Uh so that and that's in that section L. The last line says the last line says this provision is intended to ensure that no more than one single family home duplex or multiple residences constructed or created with an approved deal of flood

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hazard on a given lot as that lot existed on November 5th, 2007. So started out with a lot it's been of course a disconfiguration since the forever. Uh I I know that it was

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conveyed to the 19 I believe back in 1963. So they they've had it since then. Um >> and the D requirements they don't only impact the use of the property being a single family or a duplex, but it also

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impacts the square footage of the structure that you can >> there's different different permits that you can apply for. Originally uh up until January 19th uh if this was uh approved, we could have gone with

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what was called the permit by rule. Uh we would not have had to go to the state or notify the state of what we were doing as of January 20th. uh we're now applying for a permit by a cert a

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general permit by certification which means I have to certify to them that it meets the same criteria as before. I also have to go to them for a a permit by registration because we uh have to put a retention system in which

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is subsurface and you have to also go for a permit by registration which is just notifying them that you're doing this but they're keeping track of what's going on in flood hazards but it's any deck you put on you need permit by registration. So we'd end up with uh

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three permit by registrations. One uh the permitify certification would be applied to the state for um the proposed layout we have. Um I'll take this with me. Um

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the existing building is 2750 ft. The proposed building is 2926. That is slightly larger. You're entitled to up to 750 square ft larger in size since uh n uh 2007. Uh we're we're far

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below that. Uh our setbacks, we have a 2500 set back. We have a set back from West Prospect Street to 32.4 where 25 ft required. We have a set back of 35 ft from the

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sideline where 10 ft required. Uh we have a rear setback of 35.1 ft where to detect where 35 ft is required. Uh each of the uh through the zoning table the only thing that we have a

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variance for is because of uh the way your ordinance is written. Basements are considered a story if the floor above this the basement is greater than 6 ft from the mean grade around the building.

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And because of that, uh, one of our one of our requirements, which I have to back up a step here on the same section, uh, this 12.5R, uh, there's a section that specifically states,

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uh, our basement since it's below flood hazard is one, it could be used as a garage or nonhabitable. So it's all could be used for the storage could be flood vent and it has to be graded at the back of the building. More than 50%

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of the building has to grade positively away so it floods the water can pour right go right back out through the building. Because of that the sides of the building uh not allowed to put fill in here. Any greater than exists on site

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the whole back of the building there's no change in the grades on what's there today. What we're proposing, uh, the entire site from the front yard will be graded differently because that's where the building was and the building is counted as filled. Uh, but other than

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that, the whole backyard stays. There's no there will be no changes to the grades as to what exists there today. Uh, garages will both be coming in off Smith Street going down into the basement. Uh and then we have the first

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floor up uh at elevation 231 uh which is well above the flood hazard elevation to 226. So any habitable area is well above the flood hazard. Uh the garages per lower I don't even know if you should

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call a basement because it's it's a storage area nonhabitable. Uh it's required to be that way. uh while it's not going to the state, the state recommends that there be a de restriction notifying the owners of the property that that areas are not to be

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uh changed in the livable area. Uh it's just something that's not permitted >> and to confirm even though we require a variance for the number of stories um we comply with the height that is permitted in the zone. >> Yes, we do comply with the height. The

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problem is is we could not fit we can't fill We're not prepared to fill the area that the state of New Jersey is requiring us to need to uh not add any add any fill in into the foot zone which is what we're proposing.

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>> There really are two habitable floors here and then the one is just for use of the garage floor. Is that correct? >> That's correct. Uh go a little further with the site plan. The all the utilities will be coming in from Smith Street. Part of the

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improvements to the site. Uh we'll be putting in new curbs and sidewalk along Smith Street. Uh the new curbs. There are no curbs there now at the sidewalks are in need of repair. I believe the engine requested the same they be replaced. Uh all the

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utilities coming from the side street. We have a retention system collecting all the storm water from the front of the building and in the back of the building it it's on grain towards the ditch in the back but we are having a zero increase in runoff at the site

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also. So there's a separate retention system for either side of the building. >> Also to confirm there is requirement that you have zero adverse impact any of the surrounding properties with the uh storm water management system that you proposed. That's correct. site.

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>> Yes. And we've provided those uh calculations uh as part of the submission. >> And in addition to being satisfactory to the DGP, this will also be to the satisfaction of the board engineer.

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>> That's correct. Yeah. Uh the other part of the application, uh soil movement application, we have a cut and fill on here. We have a fill Essentially what we're doing is filling part of the existing basement

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and crawl space. Uh and uh the walling ordinance includes the stone. So we include the stone from the driveway, the stone retention system. So we have a fill of 244 cubic yards. We have a cut of 335. So we're essentially taking out

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about 90 cubic yards of of excess flow. And we're going to ensure that uh any fill is clean soil. It's a requirement that you provide anything in soil compound must be certified.

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Okay. I just want to make sure you've had an opportunity to review the various reports that have been provided um by the burough professionals. >> Yes. >> And um do you take any exception to any of the comments?

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>> No, I don't want it done whatsoever. U we can apply. I believe we have to take out a tree or mobile permit tree which we will do. Uh um I believe the site has to be marked

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as to the for the soil movement. Um I I'll have to work with the engineer on that. Since we're not really doing any fill, I'm not sure where I'm going to be marking it. We'll do whatever is necessary. And to confirm here once again, the

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design that you've uh produced for us with respect to the site plan is all a majority a result of the DP requirements and being able to meet those uh those D requirements.

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>> Yes. >> And you feel comfortable that we're going to be able to comply with the D requirements? But this site as it's proposed right now meets it's my opinion that it meets all of the requirements. The general permit by certification

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number one I believe it is and the permit by registration is which used to be the permits by rule. Uh all of those um will be met. Uh essentially we notify the state if they want to come out and inspect they can and we notify them when the work starts when the work is

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finished so that they have record. I think this is more of a recordkeeping for them which they didn't have before this >> and with respect to the vault requirements we are able to comply with every single one of the bulk requirements but for the number of stories that are permitted

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>> correct >> but in doing so we're within the buildable area and we're complying with respect to the height in feet. >> Yes. >> And um the story is once again driven by the environmental constraints that are on this property. That's correct.

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>> And do you have any final comments or site plan concerns um associating with the design that has been presented this evening? >> The the only comment I may make and uh there may be further testimony. Uh there was one comment I think in the engineers

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review regarding landscaping. Uh we didn't add the landscaping around the building, but there will be landscaping as would be normal for a building of this type. that we can provide landscape necess

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ft. >> The plan actually shows we're at 34.67 ft. Close enough. We made we made sure and squeaked it in. But you're going to be three stories. So that that's a variance that you're going for. >> The the variance is because Yes. But

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it'll be called it's called a story. >> Yeah. >> And what did you mean by uh habitable? Uh habitable u basement wasn't habitable. >> The the state of New Jersey defines

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areas what you can do within specific locations. uh in a residential building such as this, you're not allowed to have a habitable area, especially with a this is called a reconstruction or renovation

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or re replacement. Uh you're not allowed to reconstruct uh in an area below the flood hazard. Uh that actually the section habit the habitable area means that you

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can't do anything in there in this specific instance. Think of all that. The only thing you can do is store things and put a garage in. Uh you're you not allowed to have a TV room downstairs. You're not supposed to have any of that down there. This is just a nonhabitable. So you're not supposed to

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be living in this. That's a state definition if you want. Uh but it's called out 12 point uh believe it's R which I have over these papers but it

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spells out the specific how you're supposed to have we do have which I I didn't point out uh all the way around the building there are flood vents front and back u designated flood zone the water could

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actually pass through the building and out to the street or it can pass from the street through the building. Either way, they're they're stating that the flood hazard area is now placing Smith Street 3 ft underwater.

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>> So, those flood vents would be in the nonhabitable area. >> The the entire basement area will have flood vents. The garage doors have flood vents. The front of the building, the sides have back. The back ones are at the lowest elevation. So any water if there's a flood, these are these

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certified flood vents. They open and they close so that there's no hydrostatic pressure on the walls. Um >> and no utilities down there or >> the utilities will be the Eddie air conditioning uh all the

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units just as you'd see down the shore. Uh they'll they have to be up on platforms. Nothing will be on ground level. They'll all be above the flood. have to be above the flood plane. >> Everything will be coming in above the the electric comes in above. I I'm not sure about the gas maintenance or that I

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but that's more of the requirement of public service but the electric the air conditioning if there's a generator all of those have to be set uh either uh they have to be above flood so they be on platforms. >> Okay.

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>> Chair, do you have any questions? Mad >> just my two questions. Cliff, I think this is more for you then. So the two variances that we're going to be seeing tonight is the have two family dwelling, right? And then also that of the um height 2 and a half versus the three that they're proposing.

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>> Exactly. The two families use variance actually. >> Oh, a use variance. Okay. And then my only question is so the two driveways they're going to be 20 ft. Is that enough to put two cars in there? Is that thought process? >> Yes. Essentially the these are the duplexes are set up mirrored so that the

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everything is including the utilities are completely separate. So each each duplex each side of the duplex has their own driveway into the garage. >> Okay. >> Uh and it's 20 ft wide which actually larger than most of the garage.

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>> Okay. So two cars in the garage potentially and then two cars in the driveway. Yes. as the thought process. And then they each have their own uh opportunity to have storage in that basement facility that we talked about. >> Somewhat similar to up by the corner of

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Maple. >> Oh, yes. That one, the white. >> Yeah. >> Yeah. >> Side by side. >> Totally independent. >> Okay. Thank you. That was my only question. >> Uh you mentioned there was a recommendation of a deed um restriction

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or recommendation. were there any other uh relevant uh recommendations of that sort of thing that you came across >> the engineers letter >> uh I believe you mentioned um adding a deed restriction about it being nonhabitable in the uh basement

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>> uh let me see I must apologize >> I do have a specific section uh section Uh 7 col 13 12.5R the department shall issue a permit construct. What happens at section 12.5

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is regulations that are required building throughout the state if it's in a flood zone. And this one is uh the closure that lies below the lowest floor of a habitable building or construct an enclosure that lies the climate adjusted

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flood elevation. One enclosure is solely used for parking of vehicles, building access or storage. The floor of the enclosure is situated at or above the adjoining exterior grade at least one entire exterior wall in order to provide

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positive drainage in the enclosed area. The enclosure is constructed with permanent flood openings that meet the requirements of the uniform construction code and then JAC 5123. Uh the next is that it was in a coastal zone which we are not. But those are the

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four items that they mandate that we must do and this plan is compliant for >> Yeah. I'm I'm uh more asking I believe uh you mentioned that there was a recommendation from the state about adding a deed restriction or something to >> state we have usually if if we had to go

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for a permit for this specific instance they would have us add signage and or a deed restriction just stating the fact that the lower floor is in a flood zone and the people are fully aware of it so it doesn't come back to surprise and

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they uh cannot use it perhaps uh areas >> at which I I I would recommend to my client anyhow because if people are there they would >> it's beneficial. >> Sure. Um and uh sorry but uh no other

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recommended sort of u restrictions or signage came up in the >> no these are from previous applications. Uh there are sections in here they call for a signage for parking. Uh if we've

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noticed and we put a sign in the basement area may flood and they have flood vents. I >> Yeah. Okay. Uh and then um I'm not familiar uh with uh retention I want to call them retention ponds but

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I'm sure you could have a better phrase systems. >> Retention systems. Thank you. Um what does that I noticed the one um is pretty close to um West Prospect. What does that appear like on the street? What's the impact to the environ

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we we were to show in design? We provided design for the engineer showing how theoretical retention system will function before or before the system is installed. We take permeability tests. We test to make sure

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that where the groundwater is, the system by the state of New Jersey has to be two feet above the groundwater. We we go through the evaluation. Uh if this system still is adequate, it's fine. If we have to change it, we do that. We provide back with the engineer.

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We just we we don't like going out and digging holes until we know we have a reason to dig the holes. It's just it's it always we all seem to find things that we don't want take care of. >> But I mean it'll be completely subterranean like grass other than

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during it being installed. Uh there'll be no there will be a clean out an inspection port on the drop of these uh cuz they're plastic arches and there's a stone that under around it and there's inspection ports at both ends so you can check to make sure the system's

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functioning but they're they're round plastic PVC caps that are flushed to the ground. Other than that, no one you won't know it's there. >> You stated that there's going to be floodgates on the front of the house. So, how many steps is it going into the

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house? >> Uh, the uh the architect has broken up into two separate sections. >> I believe there's seven steps on the layout set going straight up to the house. >> Mardo, are you going to be introducing the architect tonight? >> Yes.

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>> Okay. So, if that's kind of out of your purview, >> I go through the the details of that. >> Okay. >> Thank you. Bill, you have any questions? >> Yeah. Can you explain again why you wouldn't go for a variance to put a

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subdivide two single family homes on the property? >> You can't go for variance. The state of New Jersey won't permit it. >> Yeah, >> that's this I I >> would recommend a client tomorrow for the camp. the state energy that section

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that I I I read specifically states that you you can subdivide the property but you're only allowed one house on any property that existed in 2007. So if you sub into six pieces you have five that are empty and one to build a house. So

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that doesn't I don't I think that was more to uh take into account existing conditions. Uh but that section of the code essentially is telling you don't there's no reason to subdivide because you're not going to get a second unit,

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but we're entitled to a duplex or a single family in this specific instance. Uh but not only one we can't get. So I this this would be all we'd be proposing. >> Okay. And can you tell me in this zone,

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are there any other two family residential dwellings that you're aware of? >> Uh, yes. And I believe the planner will be addressing that. >> Okay, good. Thank you. Uh, my question is probably going to be for the architect because I don't I don't have any architectural plans in

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front of me to look at elevations or sections or anything. >> They were submitted as part of the application. So for the initial submission they should be there but we don't have information to comment. >> Ted, do you have any questions? >> Uh yeah,

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one question is apparently these driveways are going to be tapering down from street level. >> Uh are those drains just in front of the garage doors uh in the driveways? They're actually uh in talking to my

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client, I'm be very candid, I'm not a fan of this type of driveway. Uh >> understandable. >> And I prevent it whenever I can. In this instance, uh my client is proposing, which isn't shown on here, he's going to

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take a second drain inside the building. >> Oh. is going to have a trench drain outside the building and that's where the ice and the snow and the leaves and everything else happen and if it makes it inside the building one we have the flood vents out the back so if it gets real bad through before that his

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intention is to install a second trench drain collect the water inside the garage if it actually makes it there and he can then transport it out the back of the building. >> Okay. Uh he can either have a a sump

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pump or whatever attached to the inside drain. That's their prerogative on doing what they got to do. >> Yes. >> I'm just familiar with the Florida Keys where everything else has to be 10 ft up. No you no habitable areas on grade

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or whatever. So I understand why you're doing what you got to do. >> Yes. >> Thank you. >> Stan, do you have any questions? >> I do. Um, if the driveway goes down at some

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percentage upgrade, how tall would the finished, if you will, ceiling of the garage be? >> I believe the ceiling of the garage is

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at 9 ft. The architect can answer that better than me, but it's pretty sure it's 9 ft the way we it's designed. >> But a living space is only 8 ft. >> Well, in this building, I believe they have 9 ft on the first section.

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>> So, the house could be shorter. Okay. It could be shorter, but it doesn't change the grading to the point that it would eliminate the story. >> Our our issue is more with the outside

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parade than it is the floor. Uh we get >> Well, my question is more to the overall height. >> Yeah, we do meet the >> And you're within what we expect. Yeah, we we do we do beat the thirst for that

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>> relative to the drains because of some high water table flooding. If the back of the building looks as you describe it here with sliders or some

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doors in the back and what grade are those doors? The the garage door for actually I've got shown on here what you would normally have. Garage usually has 4 in of pitch out towards the street. In

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this instance I have 4 in of pitch towards the back. >> Okay. because it it it's while it sounds a little unique, which it is, but where the the water's the ditch is in the back, the property is flooding floated to the back. So, we designed it. So, if

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the water comes in the front of the building, you can't go out the back of the building regardless. You can't keep the floor level in there. It's got all the floor has and that's one of the things >> from the front of the garage to the rear of the building. in 4 in the concrete.

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>> Okay. >> If there's a flood and it comes in from the back. >> Yeah. >> It stays in the garage until there's a place for it to go. >> Absolutely. That's the purpose of the flood vents. >> And that's the flood gates or whatever.

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Uh the intention of the flood vents is to make this building is designed as it would be downshore or in Florida so that you use the lower level is being used as part of the flood zone. You're allowed to park in a flood zone down at the shore.

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>> Uh and it's essentially the same thing here. Uh we're specific to it's a nonhabitable. You're not allowed to use that for anything other than storage on the first floor. Uh but it's as the water comes up and the water goes down.

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Uh that's why the flood vents all the way around the building when the state issued the restrictions since January. >> Was there a 100year flood idea in mind when they did this? >> Actually there

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>> we haven't had one. They're actually the design that they have for the floods is designed for the year 2100. Uh, uh, if I remember seeing in there or

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not, I'm not sure. I think they're supposed to check this on a a basis whether it be five or every five or 10 years to see if their estimations are correct. >> Okay? So they may go up or they may go down,

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>> but they've added the extra L 2T or 3 ft and down they added 5T. So just changed with this regulation so the the rules that have changed there are really I think for record keepers and they moved

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around where things were. Things haven't changed a lot since last year. >> All right. So you come in the driveway, you pitch down to the garage, and once you're in the garage, there's a further >> very slight

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in. And if a water pipe breaks in the house and ceiling of the garage, >> goes out to back. >> It goes out to back. >> Well, hopefully it's fixed before it has to. All right. Thank you. Just so I

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understand um the grade as it stands now is flood plane, right? >> Yes. >> And to get above that, that's at about 244 and I think you said about 3 35 is where we are to get out of it. Well,

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at the flood hazard design elevation, uh, the new one is 226.6 and the first floor has to be 1 ft above that. Uh, if you're a building such as this, the bottom of the floor has to be

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1 ft above it. or 228 is what the floor elevation could be reduced to. >> Mhm. >> If there wasn't a garage uh or 3 ft higher than that.

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>> Okay. So, basically the front door is going to be 3 to 4 ft above grade. Is that correct? >> Uh it's 31. >> Yeah, I think it's a little higher than that. I actually kind of in my head it's

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at 5, but I could move it on. The first floor is at 231 and the street is about 222. So it's up the full store. >> Yeah. >> Uh again, just

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the Jersey Shore isn't coming north. yes. Um >> you mentioned doing sidewalks and curves. Um just so we all understand would isn't this develop developing this site uh

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subject to the residential site improvement standards? >> Uh it would be required to >> so the sidewalks are required. >> This isn't benevolence. >> They're there now. We we knew that they were needed showing already being shown on the place.

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>> Exactly. It's aesthetic to the site also aesthetic to the area. Um >> it will be ADA. Correct. >> Yes. >> So basically that keep wanting to call it a stream because

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it's always looked like it to me. But you're calling it a ditch behind there. >> So is that actually on the property or is it behind the property? >> Uh it's on the property. Uh it's partially on actually there's a wall on

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the opposite side >> and that wall is along the property line. So pretty much the ditches >> the whole thing is yours >> mostly on this site. Uh it's I there were some of the previous maps that we had one of them had a name for this for

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a but uh it's the flood zone is actually coming back from the not from this. This is uh collecting water, but it's not causing water to flood.

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>> Is there any modification that's going to be made to the topography of the roof or the ditch? >> No. No, we're not permit. >> Okay. I was just wondering if it if it could actually be more more useful in storm

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water management for the neighborhood >> that would require for purpose >> permits quite a few >> and I'm not sure if they pered state open I wasn't thinking of closing it I was thinking about making it more open

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>> so it's I I can't answer exactly yeah it would it would be a project >> all right thank you >> I have another question you said something about aesthetically.

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Did you mean finished product aesthetically? >> Not only the finished products, very honestly, new sidewalks and the curbs. There'll be new pavement to match the curbs that we're going to have to cut. The road is not perfectly level going

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up. So, it's going to have some improvement to the road to at least provide a positive pitch. And I believe the engineer requested we have a positive pitch. That's West Prospect. Uh so we would make sure that happens too. So >> and uh the other aesthetic is how will

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this finished product look in the neighborhood? >> I think that's done >> Stan. I think that's for the architect and the planner >> to address. Okay. >> Yeah, I think they'll be addressing. >> Anybody else?

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>> Okay. You mentioned the street is a 221 222 elevation. Yes. >> What's the elevation of the garage floor going to be? Say near the front by the door approximately. >> Uh 221

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>> about level with the street. >> Yeah. What's happening is we've got the the driveway apron going up and then going straight back down. 25 ft will be back down. Uh in this instance, uh you got elevation 222 at the street.

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You'll go up to the sidewalk. So it'll be 6 in higher where that back down to 2 20.6 right by the door. So we're going up back down. So we're actually 2 ft >> 2 feet over 20 ft of the length of the driveway.

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>> Yeah. But then >> Thank you. >> Uh yeah. Um, I was just, uh, going back to the subdividing question. Um, if you did subdivide, would there be any permitted use of the half that you did not build a house on?

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>> No. >> Okay. Just nothing legal there. >> Uh, they just tell you you can't use it. >> Okay. Anybody else? >> All right, ladies and gentlemen, the public is always

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permitted to ask questions. At this juncture, it's questions only and only for this witness. That'll be the that'll be the case for each witness as we go. If you want to ask a question, you'll have to come up. Uh the microphone on the

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engineers engineer and um building department's table will be available to you so that you're on the record. You will have to give your name, your address, and you will have to be sworn. And the reason for that is because in

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asking questions, we often put facts in. And so you are required to swear that the facts you give in your questions are true. So with that said, Mr. Chairman, is there anyone in the audience that would have a question

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for this application? >> Come on up. >> Come on up, sir. And again, this is questions only. The public does have >> Is this questions only or >> Yes. Would you let me finish? >> I'd like to make a statement. >> No, there's not. This is not the opportunity to make a statement, but

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thank you very much. >> A question. >> A question for us, Question for the Engineer. >> Yeah, sure. I have questions. >> Okay. Mr. Rises first. >> Okay. I'm I'm looking at uh

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>> Oh, no. Huh? I'm looking at the area map here. >> All right. If you're hold it, if you're going to ask a question, what did I just say? Name, address, and you have to be sworn. >> Okay. My my name. >> Stand up. Come to the mic, please.

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>> Sure. >> State your name. Spell your last, please. >> Yes. Hi. Uh, my name is David Titus and I'm here representing my dad who's 93 years old and a 63 year resident of

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>> and his name is sir >> his name is Raymond Raymond Titus. >> All right. And his since you are representing him his address sir is >> I'm sorry I cannot hear you. Could you talk into the mic?

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>> His address is >> I'm still having trouble. >> Address. Add address. >> Where the hell does he live? >> His address is 11 Smith Street. >> Mhm. >> Okay. He is um >> All right. Now, if you'd raise your right hand, please.

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>> Yes. >> Do you swear the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth? >> Yes. >> Now, by all means, ask your questions. >> Okay. um they've designed this house and my question is did they take into

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consideration at all the surrounding homes? The surrounding homes are ranches and and capes and have a working height of a ridge height of maybe 23 feet to 18 ft. >> All right.

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>> It's going to be surrounded by a house 36 >> Mr. Titus 8 ft. >> Mr. Titus. And my question is, was that taken into consideration with the design of >> All right, let's try pretending we got

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manners. If I'm saying Mr. Titus, I'm asking you to stop talking. And the reason I'm asking you to stop talking is because we have a planner coming in. We have an architect coming in. And those are the people to answer that this question, which is a legitimate

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question. >> Okay. >> All right. So right now it's questions for the engineer based on the engineering. The questions you're talking about are valid. No question about it. But he's not the right person to ask ask them to. All right.

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>> Okay. Okay. Well, that's the only question I really have. >> Okay. Then by all means. >> Thank you. >> You're welcome. >> Yes. And if you would stand for a moment,

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state your names for your last. >> Uh, Frank Petraelli, last name P E T R U C C E L L I. >> Okay. Mr. Petraelli, uh, where do you live? >> G Smith Street. >> The neighborhood's coming out. >> Excuse me. >> The neighborhood is coming out. Raise

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your hand, please. Do you serve testimony, the truth, the whole truth, and nothing but the truth? So God, >> I do. >> All right. Now, by all means, ask your question. >> Has anyone from the uh planning or engineering team visited the site during

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a torrential downpour? >> You're asking whether the >> Yeah, >> the applicants. >> Sure. >> Has anyone visited the site during a down >> uh and actually seen the community go through flooding?

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>> Have you seen the movement of water? >> You see where it collects the property? Give him a chance to answer one of the questions. I have four or five. >> Oh, ask them individually so we have a clear record. >> Sure. >> I have not been there during a a heavy raintorm.

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>> Have you seen any pictures of that? I'm not sure. Pictures of what >> surrounding property with water collection? >> We we've we based our design on what we know that this area is in a flood zone. How do you know

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>> there specifically show the flood zones for the properties? >> For the record, flood zones are designated by the federal government. >> Yeah, I'm in one for sure. >> Okay. >> And you had to get flood flood insurance and you bought your house. >> Oh, yeah. For sure.

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>> So, I was just curious of uh how much I guess onsite has been done as opposed to just math on the office stuff. And if you've seen, you know, the water that collects in my backyard, our neighbors backyard, >> uh, the surrounding properties around

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the development, you know, Smith Street, the water runs back, >> Mr. Riggs, >> might you be might you be able to re reiterate to Mr. Petraelli what the requirements are for cons for development of a property in terms of

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water that comes on site and how it's handled >> so that he knows what's going to happen and in this specific instance uh first there'll be more open areas for flooding on site than there is today

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because of the existing buildings not having openings to allow water to go in and out. >> The anticipated effect of that on surrounding properties is why? >> Well, the second part of it is is we provided retention systems. It will make

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sure that there's a zero increase in runoff of this specific site to increment any water that's conditioned at which is what we're required to do. That's the truth is that's the law says

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>> and the the current property how much water it is in the basement currently when it rains. How much how much water does that basement get currently when it rains? >> Uh hopefully not in mud but I I it it the building itself is considered a

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solid structure to the state. When we're done the basement will no longer be a solid structure. There will be a area in the middle where it can actually pass through back right now. Hopefully it doesn't

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stay on >> Mr. What you're explaining is that the existence of a solid structure diverts the water to sur to go around it. Right. >> Yeah. >> And as a result of that >> floodgates, right?

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>> Well, that's but that's exactly the point, >> right? that the floodgate >> if I the floodgates allow the water to pass through where the building is instead of hitting the building and going to one side or the other.

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>> So in theory at least Mr. Rig in theory is that not is that a benefit or a detriment? >> This would be a benefit. >> Okay. So you don't know if the floods currently the short answer was you don't know. I think the record reflects that.

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>> Okay. And so you also mentioned that you won't be bringing in a ton of fill, but you will be filling the existing basement. That's >> we're actually we're actually cutting the amount of soil inside. >> Did you me did you say that you were filling the existing basement with the existing structure?

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>> The cut and fills the bur wall which requires us to provide the the amount of cuts and the amount of fills for the site for the sum of calculation. Okay. Uh the net result is is we're taking 90 yards of soil away from the site. Uh as

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to the volume of uh there's two different calculations, but this is for the B wall. Uh state of New Jersey requires that we have a zero net fill from what's existing there today and

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allow water to pass through the basement. So there is no added fill here. It's what happens is you've got a basement that's now 8 ft. Well, that basement's below existing grade. So what we're doing is now filling that basement so it's level with the rest of the

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existing grade. And the other areas which were higher, we're cutting lower so it meets the So we're equalizing the soil to make it level so the water can pass through. >> I could have sworn you said you were filling the basement. Maybe I misunderstood. >> We are filling the basement. the old

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basement. >> The old basement, right? So, you're filling the basement up. You're filling the basement, but you don't know if it floods currently. >> The basement, >> which means the basement is 2 ft off the property. >> You fill it. Where does the water go? That's my right. You mentioned that you're filling the basement, the existing structure, and you don't know

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if it currently floods. So, then if it does flood after you fill it, where does the new water get displaced? Is it my house across the street? Is it the property next to that? Is it the West Prospect? For the record, my property slopes away from its mystery. So, all my water is

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stuck in my backyard and it's a huge issue for us, especially in the summer with my one-year-old son mosquito. So, you know, we try to do our best to get the water out. So, that was my concern and that kind of raised the red flag when I heard that you're going to be filling a basement um that you don't

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know for sure how much it floods currently. The basement we're filling is the existing basement, which is 2 and 1/2 ft off the property line. will be filling in the area from 2 and 1/2 ft off the property line to the new building. So, it's low level.

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>> Mr. Rig, even if even if that basin does flood to some degree, it's not it's not helping keep water from going anywhere else, is it? Because most of it is walls around the basement. Correct.

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>> Correct. So the truth in terms of in terms of flood water movement does more water move if the basement is there given the reality of the of the

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walls or does more more water move straight through with it filled level. >> The state of New Jersey would not permit you to build a basement such as that unless it's floodproof. uh that we're doing exactly what the

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state is recommending so that we prevent further flooding or further damage on this property and allow the water pass through for other properties. That's the sole reason the way it's designed such as it is. >> May I ask you the water?

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I got >> um Mr. the Petrailli. I think although I have concerns with this overall design, I think in your case, you live directly across our street in that ranch. >> Yeah. >> That you fixed all up. Real nice. >> Oh, thank you. Appreciate it. Um I really believe um that this design is

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going to take water away from your property, right? Where where the old design would have put spread it out over this property and some maybe even gone across the street. Now, I believe everything's going to go towards the the dry bed or whatever. That's from what

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I'm understanding by the plants. >> Yeah. And their plans. So, you know, we don't really know. >> Doesn't sound like anyone visited the site and saw the movement of water. >> But I I believe it is better than what's existing. I think for you where you where you are, I believe it's better.

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>> Maybe. Um it doesn't sound like anyone can say that for sure though if they haven't visited. I'm not the engineer. >> Mr. Petraella, you're getting into the area of commentary and you're absolutely entitled to do that when the whole when the whole presentation has been made when all the experts have spoken. At

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that point, the public is absolutely entitled to tell us what they think. All right. >> I thought I was doing >> No, that's the point. This is not the time to do that. >> Yeah. I mean, I just asked questions. I wasn't making any statements and I let him talk for way longer than I asked

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questions. So, he had proper time. And uh >> do you have any other questions, sir? >> Is there any um renderings of the home of what it would look like in a community around uh a house that's 18 ft versus 34.6? >> We have an architect that will be uh

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presenting after Mr. Rick. >> Oh, it has the renderings. So you can kind of see how everything's blocked. And there's 14 windows facing Smith Street now right into my house. 14 to have a window.

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>> Is not the best one. You can see 35 34.6 ft down into the my son's one-year-old son's room. So, it's not the best. Just want to make sure that that's take that in consideration. So, >> yeah, I got I got the blackout

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blackouts. >> Uh, I think that's it. >> Thank you. >> Thank you. >> Couple of followup questions to Mr. Ra. >> Sure. >> Um, so Mr. Ra, I know you've testified to this already, but you specifically

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took into account um, flood flooding when you designed the storm water management for this property. Is that correct? >> Yes. >> And that was designed to be in accordance with the requirements of the new CD regulations which recently came into effect. >> Yes.

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And uh based on the design that you have submitted here, you can confirm compliance with the D requirements and also that you are going to have a zero net impact to surrounding properties. >> Yes, correct. >> And um

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is it your professional opinion that the design that has been proposed with respect to this development is actually an improvement to the site? >> Yes. And it is certainly better than what is existing today. >> Correct. >> And I'm not sure if you have these numbers on you, but are you able to

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quantify for us what the detention system can also hold? >> We also submitted part of the application uh drainage calculations. The engineer was reviewed and he's noted

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that they're acceptable. >> So the storm water drainage report uh was uh was submitted as part of the application uh design for a 25-y year storm with 1 hour duration. The system has been uh

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will collect all the storm water in front of the building. It will decrease the runoff from the site. Uh the storage required the total storage required is 558 cubic feet of storm water. Uh and the two units uh meet that requirement

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each >> and as part of the D. Let me correct that that the minimum storage required is 374 cubic feet and we provided 558. >> So exceeded what was required >> each

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total totals >> um gallons approximately eight. So it's about 2500 gallons versus 4,000 gallons providing storage. So 4,000 gallons we're providing storage

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for on site with the proposed development. >> Yes. >> And that does not exist today. >> Correct. >> And as part of the D requirements, um there's also a requirement to have a maintenance manual >> um for cleaning out the system and ensuring that it is working properly.

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>> Yes. >> And part of that is to confirm that the facility functions appropriately and it absorbs the water that it is meant to. Yes. And is there

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any other unique topography and features in the roadway um which would direct the water anywhere else besides on our property? >> Uh

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just to uh reviewing the plan, the contour show that Smith Street has a crown on it. So funny storm water from our site doesn't make it across Smith Street. Uh and it doesn't make it across West Prospect Street. It makes it down

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to the catch basins by the ditch on the property. Any water that comes out on the Smith Street, that's where I think most of it is collected. Uh I believe uh Mr. Vicelli's property grades in that should be grading in that same direction because the water down Smith Street does

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go down there and it all should go down prospect street fast enough all of a sudden. >> If it doesn't I I'm I can't I can't say anything about what's going on across the street. >> So in your professional opinion the proposal is a better design than what is existing there today?

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>> Yes. >> And it is compliant both DP's requirements as well as the bureau's requirements. >> Yes. >> Thank you. Jimmy has to be complete before we get officially introduce yourself on the record, please. >> Jim, we're engineer

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completed before we get officially approved. >> So, at this point, it's based on what you see, but you're going to have a better idea of whether the what you see is what it really is after the first test, right?

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>> Thank you. Stan, you have a question. >> Mr. Rick, was anybody able to see if the basement in the present building

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has has been flooded in the past. We have pictures from in the basement. You can see the concrete floor. That doesn't necessarily mean anything if it's been uninhabited for four years and you can still see the concrete. I'm assuming it hasn't flooded. But part of

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it's a crawl space, part of it's a a basement. >> The crawl space is under what part of the building? >> Newer part of the part further away from this crawl space. And it's that crawl space you were

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talking about where you take some soil from there and head it to what's on the other side. >> Yeah. >> How is that basement constructed now? >> Stone.

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>> There's there's stone. There's some masonry. Um we'll find out. But it's all >> I see. But it's otherwise dry because there's no sign of >> flooding.

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The owner may uh or the respective buyer may know more. I we didn't observe any water when we went into the basement to get the >> So you did go in the basement. >> You saw nothing out of the ordinary that would make you wonder if it's been

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flooded. Correct. Okay. Um, we got diverted there. Did any other members of the public have questions for Mr. Rig, please? Seeing none. Is there anything else you wanted from Mr. Ray?

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I think that is all for Mr. at this time. Thank you. >> Okay. >> You're next. >> Thank you. I'd like to call Mr. Lorenzo Kger, our architect. >> Thank you, sir. >> Would you stand, please?

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State your name. Spell your last, please. I know Lorenzo Frankina spelled F R A N C H I N A. >> All righty. And raise your hand, please. Your testimony. You're about to give me the truth, the

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whole truth, and the electric truth to help you out. >> I do. >> All right. If you could start off by giving us the benefit of your education experience, please. >> Sure. Um I graduated with a bachelor of architecture from New Institute of Technology in 1996.

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Uh I am currently licensed in New Jersey and New York. Um my work experience has been uh predominantly at the same firm. I've been with Don Creek Architects since 1998. Uh just recently became the principal architect there as of January 1st. Uh principles have retired. Um

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we're at uh we're currently located in Russia Park um but I worked on numerous building in front of numerous boards over the 26 years that I've been on the front. Um our expertise is throughout every kind of architecture but in the

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office I am a residential guy uh who does uh a lot of residential work. I've worked on over 300 homes in Bergen County uh throughout and throughout the state. So um feel that this goes right up my alley.

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>> Mr. Tan, have you been before this board before? >> I have not been before. That's what I thought. >> Not not a comment, please. Um All right, folks. Same instruction. Mr. Frankina

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comes before you as an expert in the field of architecture. As such, he may run opinions. In addition to telling you facts, if his opinions are helpful, by all means, you can accept them. Similarly, if you don't find them helpful or you find them

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contrary to what you've come to understand, you are not bound to accept them. >> Thank you. Um, and Mr. Premier, just confirm, you've testified before boards before, correct? And your licenses are all in the same.

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>> Thank you. Um, with respect to the project here, you've visited the site in the surrounding area and you've had the opportunity to review the zoning ordinance and the requirements of the burrow. Correct. >> And in doing so, um, you've also worked

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with our professional team to coordinate a design here that fits in um, with the environmental constraints as well as the surrounding area. >> That is correct. um utilizing I guess your um plan your architectural plan which was submitted

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as part of the application but we can certainly mark it if you would like. >> Where are we up to? A4 I think >> we are up to A4. Yes. >> Tell us uh just read us the title and the date please. >> Sure. The plans are titled one Smith

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Street uh new house construction. Uh there are six sheets to be set. Um they consist of the basement uh floor we call the ground floor at this point, the first floor, second floor, oak flange and elevation sheets. Um the lower level

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here as you can see um the overall design because the site is so particular with the constraints from this and testify. Uh, one of the big concerns and things that we had to deal with was the height and making sure that we could fit this uh, house uh, these houses on the

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site. Um, so we came up with a design that we felt um, accommodated the site. >> Excuse me, sir. Can you hold the microphone or >> like very close to your mouth like two inches away? >> You can hold it. Stand stand up.

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>> It's like a microphone. celebrated speaker. >> Thanks. >> So, you know, overall our design process was to make sure that this building um this this home um uh fit in with the surrounding areas of Burton County and

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have that really nice feel. Uh so, we wanted to do something of high quality um sidebyside dwellings. They actually mirror one another. So they definitely are much more efficient as far as building is concerned because they do uh mirror one another. So we have a lot of

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symmetry on the building as well. Uh beginning at the lower level as you can see we have uh twocar garage that comes in off of Smith Street and it's a big open area as Mr. Ray had testified. Um this space is uninhabitable. So the only thing that's down there would be the

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garage area, storage area and then the stairs that would take you from inside the lower level up to the first level. Um you also do have a set of stairs um that goes from grade up to the front porch and that consists of about 12 steps plus or min based on the grading

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and we'll look at those when we get to the elevations. Um and um that's pretty much it for that floor. The first floor is um we really wanted to go with an open concept type of plan. So you have an entry quarter

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which opens up to a um office/ study. Um so uh that will go well that will go well with um what goes on today for people working from home. We also have a guest bedroom on the first floor for some extended family. And then we have this um real nice open area of kitchen,

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dining and living area. So it's open and very bright area. Um and like I said the sec the other side mimics it exactly the same way. So they are mirror images of one another. We also have a set of sliding doors at the main level that goes out to an open deck that would

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overlook the backyard. Um and like Mr. Rick had um said all of this level is above the elevation. >> Excuse me, sir. >> You're going to have to hold the microphone up. I'm sorry.

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Heading up to the second floor, we have three bedrooms. We have a master suite and two additional bedrooms. They all function as on suite. So each bedroom has a walk-in closet and its own bathroom. So it really uh really helps the homeowners who are

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moving into B County or you know a typical family that would live in our area this house would be great in my opinion. Um it's the next the next would be our roof. So looking at the roof plan, um that was

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one of my big concerns to make it make sure it didn't look like um one plane. So I did a lot of gables and cut in a lot of different heights and uh pitches so it ties in with other other roofs in the area, but not to give it this big

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massive type of looking um roof because it is we want to try to keep it away from looking like a big monolithic structure. So my intention um you'll see uh on the elevations uh what I did with the front was I tried

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to break up. So looking at number one on sheet A05 we tried to introduce a lot of peaks and um some projections and a lot of residential type elements to bring the scale of the building of the two uh

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homes down. So the intent was to make it look more like two homes sitting on the property as opposed to one big house that you would normally see in a lot of multifamily type structures. So the intention was uh to try to scale it down as much as possible. And because of the

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sight constraints and and the slopes that we do have um we did we do have the condition where the garage sits a little bit lower than the steps entering to the first floor. So we were actually able to achieve less steps going from braid up into the main house. Um from the side

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you can see it does uh come out the three stories as we said but of course because of the foot elevation and the constraints of the site created this particular condition. Um but like we said we do meet the uh height requirement of the 35 ft. Uh and each

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floor is actually shown here. So, we do have a 9 ft um elevation from break from the floor of the garage to the underside of the structure of the first floor. And then we have a 9 ft floor to ceiling on the first floor and a normal 8 foot on

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the second floor in the bedroom areas. Um anything else? So, looking at the outside from an aesthetic stand, >> just just one item. Um, just to confirm here, if the um the owner of the property wanted to, they could go build

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they could go pull building permits today and construct this size as a single family home. Is that correct? >> That's correct. >> And they did not have to come before this board seeking any approvals. It would be this exact size um same height. >> That's correct. >> Thank you.

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>> For what is a threetory question? No. >> Um I thought we said that this was a three-story building. >> A three story. Correct. I'm just saying. They have to come and get a veterans for the third story. >> I should just say if it was two stories, two stories but the same height, they could go pull building for this. I

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understand. I'm just >> to note that they could build a structure this size, >> right? That's >> okay. Um and then um you've identified for us uh the parking, we have the garage, and can you just touch on some

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of the other site amenities with respect to uh the deck? Sure. Well, let me touch on a little bit about um what with the way the site is done and uh the way the original building sat, we wanted to make sure that when we looked at the elevation and how it sat on the site, uh

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given the fact that we are pushing the building back further from where the existing building is right now, um I don't think there's any uh I don't think there's any detriment as far as the windows are concerned and seeing into um anybody else's homes because it is going

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to be set back uh close to 30 ft from the curb. So I think that um that will definitely help the building as well because they just wanted to sit back uh way further than most of the houses do on the street. Um as far as the exterior is concerned, we really wanted to focus on

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bringing in natural elements. Um so we do have a rendering that we can pass out to everyone. >> We can mark this as um exhibit A5 please. Thank you. Thanks. >> So, Mr. Fina, you can take us through

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some of the exterior uh design elements. Thank you. So, as you can see, we we carefully looked at this and we really wanted to put something really nice that fit the environment and um and keeping also with what the site looks like right now. A lot of greenery. You know, the

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site is nice right now. It's got the trees in the back. The the corner is has a lot of grass on it. So, we wanted to keep a little bit a lot of that in here and and make sure that it fit in. So, we introduced a a stone base um giving it a little bit of warmth. And we are going

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to probably do a a hardy uh type plank uh siding with some board and batten. We have some metal roofs on the projections that come out. And um as you can see in the center, we do have that element that that um softens it up and sets them apart as two separate dwellings. So it

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does uh push the scale down uh quite a bit. We felt um it is nicely landscaped all around the perimeter as as Mr. Rig said. uh we don't have a formal landscape plan, but this was a vision uh that we felt would be good. One of the things that we also have there is the uh

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part with the flag pole that actually is an element that exists on the site from the Knights of Columbus. So, we figured uh we would try to keep uh something like that uh intact. Uh but we felt the overall aesthetic uh really uh came out nicely. Uh I thought it was a very nice design and breaking down a lot of the

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smaller breaking it down as much as possible and and adding a lot of textures and materials. Uh the the uh exterior materials were I feel they're more timeless and uh upscale as far as a residential home is concerned and we're trying to uh keep that in in what Bergen

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County is all about. Um, like I said, the the roof design was something that I really looked at a lot and making sure that um just didn't have this cable or uh hip roof that just sat on top and tried to really break it up and

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bring a lot of uh design and aesthetic into it as as the rendering clearly shows. >> Your professional opinion is the design and aesthetic that you have provided for us today um an improvement to the site and the structure that is there. I do

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>> you also say that it is an improvement to uh the surrounding area. Um can you help with kind of the transition and the different uses that are in this general area? >> Yes, I I I think these uh this home would be great for families coming into

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the town. Um it really provides a sense of luxury and a step up >> and it's in accordance with modern living standards. Yes, it is design features. >> Yes. I I mean I I've done many homes in Bergen County uh throughout a lot of

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towns and this these are the type of homes that I feel are a little bit more upscale and and what people are are really looking for as far as design concern. >> Thank you. I have uh no further questions of Mr. Frankina. Do >> you have any questions?

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>> I have one question for you, Mr. Frank. I'm looking at the rendering. >> Yes. And I'm looking at the roofs, actually the pitch of the roofs. And it seems like you were making an effort

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to get as much interior volume as you could by having a relatively relatively flat pitch. And I'm just wondering in terms of whether that's really viable we have the

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kind of year we had this year. I this this town has seen houses collapse years and years ago that with roofs that weren't pitched right. So I guess that's in my mind you're confident about

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>> Yes. As far as far as my overall design is concerned, I would never design a roof pitch that is less than four on 12 only because an asphalt shingle. Anything less than three on 12 uh just cannot handle rain obviously would go back. >> Um so all of my roof lines are all four

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a four on 12 and above. >> Okay. >> So there will be proper shedding. >> So those outside roof I I'm looking basically four boxes and the outside boxes look like they're less pitched than the inside boxes. That's That is correct. The the two You're talking

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about this corner and corner. Yeah, those are those are definitely four on >> top. Okay. And the the two interior structures are are steeper. >> Yes, that is correct. >> Okay. My eyes aren't playing on me. Thank you. >> Well, the rendering does skew it a little bit, but as you can see on my

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drawings, they definitely uh are more than three on 12. >> Thank you. >> You're welcome. >> Take questions from the board. Brian, let me start. Did you look, you mentioned you uh visited the site, look around and see how many family or multif

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family dwellings were within a few block area. >> I did um I I I visited the site a few times and um there are a few developments uh behind on um on Waker and on Prospect itself there is a multif family um and then also on Zandetti

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there is a quite a large structure. So um because I I mean I I do um sympathize with people in the area who who say you know there are smaller homes um and as far as the height is concerned we we're trying to be cognizant of that and make

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sure that to try to make it as low as possible but because of the site being so uh because it has its particularities of of the flood elevation I mean we would definitely have put this basement underground if we were able to but because of constraints of the flood

328
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plane and the elevation and the TP. Uh we are a little bit uh handcuffed here as far as the pipe is concerned. >> So your testimony is basically that the uh the two family does fit in this relative area although there is concerns

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for the single families in the immediate area. Um, are you guys putting uh you said you were replacing the sidewalk basically for Smith Street. You're also doing Prospect Street. That's correct. So, you're going all the way around the

330
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property and taking care of >> um the drawing, the rendition shows some uh shrubs blocking off the property behind it. Is are they pre-existing or you going to be adding those? >> Um, we have pictures over here.

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The allies all the way to the left are the ones that we would be planning. Oh, >> so you're going to basically divide it off and give those people some price. >> Exactly. So that's >> that's my question. >> John, do you have any questions? >> Um, you keep calling this a two family.

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It's more like a duplex. You say two family to me, I think of something that's an entity owns and the two floors are rented out or the entity owns it and they occupy one floor and they rent out the other floor. So, I just don't understand why we keep saying two family instead of a duplex because I don't

333
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imagine that both of these aren't going to be sold at some point to two separate individuals. You're correct. We we should refer to it as a duplex if that's the way it's designed. But, um in the in the definitions, I believe it is there is a definition for

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two family memory serves me correct. Does the code town code treat the cliff? >> Yeah. >> Does it treat a duplex differently than a two family? >> Really doesn't. >> The only issue becomes the ownership. >> Question. Okay. >> I have no questions. >> Go. Do you have any questions?

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>> Uh, so if I'm reading these right, these would be four bedroomedroom, four and a half bath houses. Okay. Plus a study. >> Yeah. So uh that's significantly more sizable for each of these than than surrounding counts, right?

336
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>> I I would say um four bedroomedroom four bath, you know. Now the big thing is putting in on suite where a lot of people do want um the most houses that I'm designing today. Uh they've eliminated the second floor bathroom that's communal for everyone to use and

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uh each bedroom uh like they like to have a bed a bathroom hooked up to it. So it becomes its own suite uh so to speak. So um yeah so we we typically four bedroom four bathroom >> I have no questions. Phil you have any

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questions there other positioning the home differently on the property at all? Are there other options? >> We did um but when um Mr. Rig and I uh looked at the site plan and and all the setbacks and fit the the house um onto

339
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the structure onto the property and and had it conform you know conforming to all the setbacks. We felt that this was the best uh scenario as far as the uh structure is concerned how we were going to put it on. >> So there is there is opportunity to perhaps

340
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use the property differently. >> The we did have another option um but it just didn't make sense. Um we tried with the entrances were on the two ends. Uh we had um a scheme that was like that but the amount of driveway uh the amount

341
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of coverage that we would have been taking up would be significantly more than this. This is a much more compact and as far as land disturbance is concerned, that's what we were really uh pushing for and this this particular um scheme gave us the least amount of disturbance uh as far as air is

342
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concerned and it fit on and probed the shrink of the zoning perfectly. And can you tell me what the length of the existing structure is along Smith Street and the height of the structure? The existing structure. Yeah. Okay.

343
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I think it's probably about 80 ft. the existing >> 80 long. Yeah. On along split street I would say. >> And so we our building is approximately the same size. >> 85 long. >> How about the height?

344
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>> Uh the height of the building I mean it's maybe one and a half story. >> But Mr. Rian indicated it's 31 ft approximately. >> Our plan shows the height is 31.6 ft. And what's the new height? 34. What what's the new building height? The new

345
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building height is 34 feet 8 in 34.6 higher than but we are also pushed uh further back. We're not up against the street like the existing building. The existing building about 2 ft away from when you drive down the street almost at the curb. So we're going to be back a

346
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lot further. So that height when you drive down the street, um, one of the big things is that that building is right on top of you when you're parked next to it. >> I don't have any other questions. >> Rich, you have any questions?

347
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>> I think what Phil was getting at is did you I mean, you're 82 ft long and it is right in your face. It's fairly flat. Although you have some little setbacks, you know, compressions, which I mean that definitely does it more justice than the

348
01:41:05.199 --> 01:41:20.880
um it's pretty, but I just I I mean, you look at this and yeah, it's closer to the road and stuff like that, but this is not anywhere's near as much as in your face. It's 80ome feet long. You know, it's almost 35 ft high and it doesn't fit into anything that's near

349
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this. There's a little cottage to the right. There's that gentleman's house across the street is a ranch. You have to go down, I don't know, quite a few houses on the left hand side before you get to a two family that still looks nothing like this. You know, it's looks

350
01:41:36.719 --> 01:41:53.440
like a two-story colonial with two two two uh doors. So, I don't I don't quite understand how you can sit here and say that you tried to make it fit into the community. It's very pretty. Your spatial organization on the floor plans are beautiful, but does it fit in the neighborhood? In my opinion,

351
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>> no. My opinion. That's it. >> Uh I sir, I've noticed that when cars park in the driveway in inclement weather, unless they have a garage door opener,

352
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they've got to walk up the driveway, across the front, and then make their way in through the front front door, up the stairs. Can you consider doing something

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different for the person coming out of their car in the in inclement weather when they're parked in the driveway? I would I would suggest that it just makes it just makes sense to me. And instead

354
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of having to walk out to the street, you you are I understand step back for aesthetic reasons. I respect that. But you're just making it a little tougher in bad weather, whether it's snow, rain. Uh

355
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so just consider that. Now, I also know that further up Smith Street on the other side of Bonner, were you up that high? Uh heading north on Smith. I did go to the end of Okay. So you do have a

356
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variety of homes up there that back back to the PSR and to me they're very similar to this. Okay. So >> you're talking about Bonner Park. >> Excuse me. >> You're talking about Bonner, right? >> Yes.

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>> Yeah. Brown. Now also on the other side of the ditch. Is that where the auto body shop auto body repair place is? >> No. There's a house in between it. >> There's a house in between and it was on the floor. >> Okay. So, there's a house in between. >> Yes.

358
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>> So, you're taking a house that is not been used for they saying four years now and doing something newer and updating it relative. I understand the concerns, but I'm also looking at the

359
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neighborhood. Now I do know that the house press the street that gentleman rest his soul used to mold the property on for the Knights of Columbus. Uh that's also I believe a onelevel house

360
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right across the street from it. Uh yeah it's prefab came in on trucks. I thank you. Um, so my thoughts are if you can make it easier for a person that parks in the driveway to get in the

361
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front door, consider it. That's it. >> Stan, do you have any questions? >> I do. I was confused, frankly. A two family is not two one family houses.

362
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Imagine you said earlier that you wanted to look the neighborhood over and add anything else and find something that fits a county. You didn't say the neighbor. This fits the county cuz there's a still

363
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a lot of open land and there are other homes like this to put it next to. Maybe this location needs what we call a two family house. Two apartments, one

364
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above the other. That's all. Amen. paint also. Stan, I think that the planner will probably be addressing some of your concerns.

365
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Any other questions? I don't >> just one quick question. Paul Bry, the burough planner. Sure. >> I just have one other clarification on the um the renderings and the elevations do not appear to show the flood vents that were discussed before. Where would they how high would they be? Are they

366
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out the ground or how would they look in context? They actually are shown on um Mr. Rick's plants around it, but I did not show them online, but they are shown on the engineering plant for >> correct. I saw them in in 2D. >> Yeah, >> but I'm looking for them in 3D. Where

367
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how high are they up high? I I just want for the board to the publication. >> Are they Where are they located? >> The beds are not permitted to be within 6. >> Great. That's great. I just want to know as close to grade as possible.

368
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>> Right. Got it. So, most likely if there are bushes provided around there to be behind the Is that correct? >> Perfect. Thank you. >> No audience. >> All right, ladies and gentlemen, if anyone has questions for the architect,

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by all means, same rules. You got to tell them who they are. Get sworn and then questions only at this point. more questions. >> You're still under oath. Just state your name so the record is clear. >> Frank Street.

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>> Thanks. >> I was looking at the play before it. Am I able to see the render by the way? Sure. There you go. Thank you, sir. Good. Beautiful. So, the middle window, I believe that's the master bath on the second floor. Uh

371
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the master uh the middle window on the second floor. >> Yeah, that's the master bath. >> That's okay. So, there's a bath right in that window. So, from that window, how much of my backyard is visible? um that I would know. So I I don't think

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a lot of it will be visible. >> You don't think or was there anything? >> Yeah. So I mean I couldn't Well, you know the elevation of that, right? >> Yeah. >> I think I know the elevation of my house. We could probably do some some stuff there. What about any of the windows in the top floor?

373
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Is there any confirmed uh what can be seen from there in terms of my property directly street or hide there or to the left? I think from from the standpoint of being set back and being in one of those

374
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windows can we see over the roof of your home because you know how much? >> Uh no I mean I I saw into your backyard I saw the way it's pitched. Yeah. So, it's very heavy. A lot of trees. So,

375
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>> when I was there, I did take those home and uh I don't think that anyone's going to be looking out those windows and seeing activities going on in your backyard. >> You don't think they're ever going to look out of the window on top on the second floor multi-million dollar home?

376
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I'm not sure what the what the what the question is. But I mean as far as how much of my backyard is visible from that window that was the question just say you don't know I would not know any of the top >> that's it. >> Thank you.

377
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>> Beautiful. Thanks. Oops. Titus Street. >> He's sorry, Mr. Titus. >> By all means. >> Okay. Um, your design, uh, this is, um,

378
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basically 2,000 square ft bigger than the existing structure. Is that correct? Um in terms of overall square footage or are you talking just the footprint? The footprint. The footprint is not

379
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overall structure though. It's 2,000 square ft long. >> It is. No. What is it? Uh the footprint of the original building and the footprint of our building are are very close in size. Okay.

380
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Um, I'm I'm looking at the uh the front roof line. You've got uh two main gables coming out above the garage. You have two end gables coming off of the hips on

381
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each end. Your main gable, uh, your larger gable, is that coming off of the ridge? They are. Okay. So, so you're looking at another side that goes up 36 ft. Is that correct? 348. That's

382
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correct. 34. Yes. Okay. The structure is 85 ft. Um, how deep does the structure go? So looking at a sheet one, the structural depth overall is approximately 37 ft forward.

383
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>> 374. Does that include the staircases front and rear? >> The staircase at the front projects out 9 ft. >> Okay. So that's 43. How about the back? >> Uh the back has a deck on it that projects 7 ft 78 in. Sorry. Okay. So 50

384
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ft. from the stairs. Okay. When when you designed this, did you consider um did you consider at all uh not putting the uh garages on the first floor and

385
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located? We did as I as I had testified. Um, we did have a scheme with the garages on the side, but having a driveway off of Prospect and then off of Smith just didn't seem like a good idea. We figured having the two driveways next to one

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another, like I said, took up a lot less land area. It left us more green on the on the corner, which we felt aesthetically looks much better. >> Okay. Um, well, you know, I guess my main concern is the

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height of the building. This is um when when this is a a behemoth of a building compared to the homes around it and uh I don't I don't quite understand why uh it has to be so high given the

388
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size of the law pretty good size lot the height is permitted uh we don't as far as uh we are conforming to the height the only thing like you would say uh it is the variance because of the police stories but as far as the height is concerned we are conforming and we are conforming as far as the overall

389
01:53:57.920 --> 01:54:12.719
structure is concerned with except with all the setbacks in zoning uh the the existing homes around it um I'm looking at the two houses uh to the left of it the

390
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house across the street on Smith the house across the street on west are all 17 to for what houses. I just don't see how this really blends in. I I don't think that these people that live in these houses will ever see the sun

391
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again. Maybe they should get a municipal pool pass. I don't know. But um it just seems like an awful large structure in my opinion. Um, based on the height of the structure that's there right now,

392
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and how close it is to the street, given the fact that this one's going to be set so much further back, it's probably going to present a lot more light and air around the building itself, and it's going to give the property a completely uh upgraded look compared to what's there right now. Uh, we're only four

393
01:55:02.080 --> 01:55:18.560
we're only 3 ft higher than what's there right now. So, as far as sun blocking anything, I I don't think that's a valid point. You're you're only 3 ft higher on the structural. The the two gables on on the sides are uh almost unnoticeable,

394
01:55:18.560 --> 01:55:35.520
but the higher in front of this building was going to be 34 85 ft long. Um most of the most of the cables that are tied to the ridge are a little bit lower than the ridge is at 34 I think 34T 6 in, but a lot of the are much lower.

395
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in your attic space. Obviously, you want the attic space with the mechanical area. So, >> that's correct. Because we cannot put anything in the uninhabitable space on the first floor. We need some attic space uh to get your units up there, dump some storage, but there's no uh usable space up here, but we do need to

396
01:55:52.320 --> 01:56:09.040
have it form. We're going to have to have both uh unites. We have two units there both located in the attic space. And what are you looking at as stairs to get into here? You're looking at

397
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the first window. All right. I have no other questions. >> Thank you. >> Um, we've talked a lot about the size of the building.

398
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The lot coverage is well within the parameters, is it not? >> That's right. >> In fact, 40% is permitted in the zone. Now, the original KFC hall was only a 212.

399
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This is at 30 and 4%. Bigger, no question about it, but still way inside with the U zone permits. Correct. >> That's correct. >> And was that a consideration in design? >> It was a very good consideration.

400
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>> Um, do you want me to announce it or do you want? >> Sure, you could. >> All right. This board has gone away from the from its practice of years and years ago of going till midnight or whatever. We don't do it

401
01:57:33.520 --> 01:57:51.119
anymore. Curfew is 10:30. For other applicants, if you wish to adjourn at this point, you never know how long something is going to take. You never know what witnesses are going to be there. If anyone wants to adjourn, we will

402
01:57:51.119 --> 01:58:09.760
entertain those adjournments. And as far as your presentation, that gives you about another half an hour. Is that suffic? I don't want to rush anybody. Is that sufficient? >> Um, I was actually going to ask for a

403
01:58:09.760 --> 01:58:38.480
five minute recess if that was uh available to the board. >> That's right. Yeah. >> Okay. Mhm. >> Thank you very much. >> You're welcome. >> Okay. Recess.

404
01:58:38.480 --> 01:59:29.159
I don't I don't want to risk screwing up by doing anything too fast. I stop and I can't stop. for the night. >> Across the street, that's what they're going to be looking at is this big gigantic house. They have ranches.

405
01:59:33.679 --> 01:59:58.840
trying to kind of like noise or literally fell and then fell into it. >> There we go. I think that's it. >> That's a simple answer. >> Stand right down your table.

406
01:59:59.679 --> 02:00:16.159
Just that's why I'm trying to persuade you. >> No, I know >> cuz I really look at it. That's why I said 85 and this the 7 foot the foundation is 7

407
02:00:16.159 --> 02:00:49.159
foot. You're going to walk past that. You'll be staring at that. And that guy makes a good point. That guy look I'm staring out the window down at his house. Right. >> Right. We should lean on

408
02:00:49.760 --> 02:01:07.840
should be >> cuz the ones that we approved on say weren't this big. The ones on that they did the they weren't this tall. But it's because of this flood plane. >> Mhm. Like it would be a lot lower but it would still be a big house even though

409
02:01:07.840 --> 02:01:24.000
if this wasn't on a flood plane. Yeah. Yeah. I agree. He's making it look it's like a cookie cut design. That design could be used could have been used like 40 times already places.

410
02:01:24.000 --> 02:01:41.599
There's no no imagination here back or that's why I ask that you consider with the position on the property. You can push it back

411
02:01:41.599 --> 02:02:07.840
a little bit. But the middle just it's a lot of more people that have questions cuz all these all these people must live on Smith Street but no one's really come out. >> They just they just wait. They'll have to wait to see what we're going to say. Then they're going to attack us with

412
02:02:07.840 --> 02:03:05.599
pitchforks, >> right? >> I don't think she's even going to finish tonight. Where did go? >> I was saying we've done a six hearings. six applications will not be taken from the lowest point or I

413
02:03:05.599 --> 02:03:31.679
would say from the grade you know from probably this area but I would think it's the top of that >> the most the craziest thing in this application was the component the component of my application say you can't our lunch.

414
02:03:31.679 --> 02:04:17.280
>> Lunch was a black and white cookie and my dinner was pretzel bites. >> That was my intention. >> When you're there, you're like very fast. >> Yeah, there was nobody on the board and it's expensive on cheap.

415
02:04:17.280 --> 02:05:12.719
>> Oh. slippering. >> We haven't fallen asleep in a long time. Those kids always be like, "It's 10:00. >> Join the party." Rich is still. He's coming up. Okay, we're back on the record.

416
02:05:12.719 --> 02:05:28.639
>> Thank you. Uh, Mr. Chairman and members of the board, thank you for your time this evening. After consulting with, uh, my professional team, I do not believe we be would be able to conclude this evening. Therefore, we would be respectfully requesting an adjournment until the next hearing. >> All righty. And all

417
02:05:28.639 --> 02:05:45.280
all time limits are extended, etc., etc. >> Mardo, pleasure meeting you. >> Thank you. You're welcome. >> I will miss you next month, but >> uh we announce the the next date. No further notice.

418
02:05:45.280 --> 02:06:03.840
>> Oh, notice carries. Absolutely. >> And do you have the date available for the next meeting? 24th, right? June 24th. >> Thank you very much. Appreciate it. >> Thank you. >> Thank you. >> Okay.

419
02:06:03.840 --> 02:06:31.639
>> All right. Now then, we've got two applications left and >> they're both residential. They go straight forward. Go in order. Our next application will be terrific

420
02:06:41.679 --> 02:06:58.320
for representing the head. They are the owners of 129 W view drive in Wing showing the tax map. It's lot 163.16 lot number 11. There is a in the property one zone. There is a single

421
02:06:58.320 --> 02:07:15.199
family home on the property. Uh the property has a non-conforming width being only 95.64 ft where 100 ft is required. Uh looking at the plan you will see that the lot is irregular and thick. It has a community property line which is one of the cruxes of what uh

422
02:07:15.199 --> 02:07:30.960
the issue is as it pertains to the sidewall setback varants that we are seeking. What the applicant is proposing to do take this B level uh and create a more updated type of home and you'll hear it from our architect this evening um and to make modifications by adding

423
02:07:30.960 --> 02:07:48.639
another garage facility a twocar garage on the northeast side of the building and to convert uh and save a front entryway not a full course but basically um a covered area for entry and exiting uh this the first floor uh front door.

424
02:07:48.639 --> 02:08:03.599
Um and then also proposing some additional square footage on the rear of the structure. Um we're seeking variances for sideard setbacks uh of 14.4 ft where 25 ft is required for the left side of the structure. Uh provide

425
02:08:03.599 --> 02:08:20.560
side yard setbacks of 24.4 where 35 ft is required. Um and a front yard setback, a very dimminimous one, just where the steps are now to have a current uh roof over that small landing area if you will uh to be 47

426
02:08:20.560 --> 02:08:37.920
8 ft. We have 51 ft uh exists now and where 50 ft is a requirement. So it's somewhat dimminimous in nature. The applicant is seeking variance relief under two sectors of municipal land use law. with the C variance uh a C1 variance in that there are unusual

427
02:08:37.920 --> 02:08:53.360
conditions on the property that conformity in this instance would create the hardship um the unusual conditions is the irregular shape of the property the fact that the lot has a deficient lot width um there is a normally

428
02:08:53.360 --> 02:09:09.599
existing structure on the property right now uh we're proposing at this point that what is being proposed will not be out of character with the neighborhood see two criteria also works In this particular instance where the substantial benefits outweigh the exemption, you know that the ordinance

429
02:09:09.599 --> 02:09:24.800
promotes garages and here we have the ability to create the second garage which is appropriate rather than the cars back on the driveway. Um and on the basis of that uh that constitutes uh a positive element from a plane's perspective.

430
02:09:24.800 --> 02:09:41.760
Safe exit and entry into a front door with having a roof over it to protect it from ice and rain. um at that point is appropriate also safety being a factor and that's what the uh variances thought for uh the landing area exist there now basically going to have a loop over it

431
02:09:41.760 --> 02:09:58.400
as the application states that will never be closed as a stipulation that small area will never be closed that's an overview of the application I recognize the uh hour and I don't want to have the third applicant uh have to go home without being heard so I'm going

432
02:09:58.400 --> 02:10:13.280
to be and I have been briefed I'm going to Mr. Brown testifies to these conditions. >> Mr. Brown, raise your right hand. Swear of testimony, recognition of the truth, the whole truth. >> I do. >> And state your name. Still your last.

433
02:10:13.280 --> 02:10:30.719
>> It's William Brown Jean Brown X 241. >> Okay. You all know the stipulations. Mr. Brown is a practicing architect. He's an expert in the field. As such, he can give you opinions. >> Thank Mr. Brown. is engaged by the

434
02:10:30.719 --> 02:10:46.079
applicant for purposes of creating the addition that's shown on the plans. Correct. >> And the plans on the easel this evening are the same plans that were submitted with the application. Correct. >> I'd like you to take us through what the conditions are on the property and what is being proposed.

435
02:10:46.079 --> 02:11:02.560
I can't read the smaller one. So, I'm going to bring the bl SP1. It shows the house, the additions, uh the existing home to the right and to the rear. It's an L shape. The existence

436
02:11:02.560 --> 02:11:19.679
garage area and then some additional space behind it. The uh just to run through the lot areas of the middle lot area is 15,000 pieces. We have 15,924.

437
02:11:19.679 --> 02:11:46.119
The lock width is 100 where the minimum leverage is 95.564 depth is 150 we have 158.43 ratio was 12.2 and that's 34.8 below the 40 maximum 407.9

438
02:12:01.920 --> 02:12:17.920
just trying to move this late and I know we want to keep going The front door is 50. Um, we're existing at 51.8 47.8. And that's because of the covered roof over the front door. Instead of

439
02:12:17.920 --> 02:12:33.679
having a door that um has no covering over it, we're taking the existing porch, not going any further out than that, and putting a roof over. And that's what >> Yes, that's what trigger guards. >> So, let's just stop there. So, it's only the roof going over the landing that

440
02:12:33.679 --> 02:12:50.560
exists there already. the props of variance. >> Correct. Okay. And the right side we have uh is required is 10. We're at 12.3. We're uh going down to 10 because we're uh modifying a little bit of the kitchen.

441
02:12:50.560 --> 02:13:08.239
Um and then the uh the left side is 25. Uh existing is 28. We're proposing 14.4. And that's because the additional garage bay we're adding to the left side. It's a onecar garage now. Now we're at making it into a two park garage. >> So when we look at that sideyard

442
02:13:08.239 --> 02:13:22.159
setback, that's where the lot line is skewed. Isn't that correct? >> Yes. Go ahead. >> And the 14.4 is at the closest uh place uh set back. Correct. It is an open uh entry to the

443
02:13:22.159 --> 02:13:40.880
uh it's 16.4 at the front corner and it's 17.1 in the far rear. So, it's it's because of the angle and the small forge that we put out there that that gave us the world. It's a we we try to step the

444
02:13:40.880 --> 02:13:56.560
addition so that it followed the line as opposed to just pushing it all the way out and winding up with a uh 12T or 10T side. >> So, that's the 144 clos. >> Yes, it does. And the mirror is open

445
02:13:56.560 --> 02:14:12.960
because uh if everybody knows typical by level the bottom empties out down into the family room and the garages. So we didn't need the additional space there. We need the space on the first and second floor. So that's an open space for one chair for an outdoor shower or

446
02:14:12.960 --> 02:14:29.920
something like that. So because we didn't want any more additional space inside the home, they increase the size. We weren't looking for that. correct to say that the overall from a streetscape perspective is going to be a uh an upgrade to the building itself. >> Correct. I'll switch to the plans. It

447
02:14:29.920 --> 02:14:46.440
will always be about elevation. Um and then so the building height is 35 uh maximum correct 31.31. So we're below the even though we're doing these below the maximum build.

448
02:14:58.239 --> 02:15:14.639
I'll go to C A1 which is the front and right side elevation. Um as the board can see uh from the elevation the uh right side of the home is uh existing. We've we've created a uh a a nicer front

449
02:15:14.639 --> 02:15:31.199
elevation over the front door, the windows, the existing living room. Uh a new master bedroom here. These are the existing bedrooms. The existing lower floor, a room up, a a window up in the attic. This is the existing garage bay, the one on the right. The proposed

450
02:15:31.199 --> 02:15:47.119
garage bay on the left and a little entry with a window in the back on the left. And then uh a new uh loft space up stairs over top the right elevation. We try to be sympathetic to the height. So we even though we're only at I think I

451
02:15:47.119 --> 02:16:02.639
said 31 floor. I have to look. It's not on this page. 31.3 elevation. Uh we ran a skirt roof so that the right side elevation appears to be two broken down broken levels. maybe

452
02:16:02.639 --> 02:16:20.079
the first level that's about 12 ft tall with a gutter line and then a small um roof up here. So that's only about 6 ft. So it gives you some scale and lowers the building down to a more red area of the neighborhood. So that was the side

453
02:16:20.079 --> 02:16:40.240
closest to the neighbor to the right which was 10 ft which we meet the setback requirement. this. We're going to go to A2 for a second. There it shows the existing L-shaped house up to the garage which the dotted line includes here. And then

454
02:16:40.240 --> 02:16:56.880
we're going to show the additional bay and a rear stairs up to the u next floor. And then the open space where it says outdoor covered area. We felt we didn't need any more we didn't want any more space so we left it open. It'll be very

455
02:16:56.880 --> 02:17:19.120
see-through and porch art or you know that kind of open garden structure on the bottom. We'll go to the rear elevation. So the left side of the house is existing. The right side is partially

456
02:17:19.120 --> 02:17:37.280
existing. And then this last 12 ft is the second garage bay. The open area on the lower level. And then uh on the side closest, the 14 is at this point where this door into the garage is um it's I

457
02:17:37.280 --> 02:17:53.840
think I said 17 in the back here where it's open. So even though it's 17 1/2 ft in the rear, um it's an open area underneath. So you won't feel that 17. It's going to feel more like 20 25 ft. And the closest is the front edge of the

458
02:17:53.840 --> 02:18:08.559
garage here on the front edge. And you can see the covered porch in this elevation 85 here. That's causing us the front front um setback uh issue with the for the variance on the front. So from

459
02:18:08.559 --> 02:18:26.240
this corner it will be 17. And then just to go through and let me know I I don't want to rush the board. just trying to give you an overview as fast as I can know your time and um and then I can add questions and uh so this is the existing

460
02:18:26.240 --> 02:18:43.280
home kitchen existing family living room we're going to turn into a dining room uh master bedroom and then three baths and a game room for a pool table and sports uh you know staying home doing stuff. So that's that's the house now.

461
02:18:43.280 --> 02:18:59.760
Um with the addition at this end where the uh garage it's single there's one garage from here to here. So the extra 12 ft is the extra garage bay and the additional bedrooms. As everybody knows the uh we took the two bedrooms in the front of a B level which are tiny by

462
02:18:59.760 --> 02:19:16.000
today's standard and we made it into one bedroom. By doing that we needed to create another bedroom. >> You've had the opportunity to look at the neighborhood and the surrounding homes. >> Um yes. And would it be correct to say that what's being proposed here is not out of character with other homes in the neighborhood? >> Uh, no, it's not. There's a number of

463
02:19:16.000 --> 02:19:32.240
new homes going up right around the corner that are even larger than this. And then there's a lot of homes in right within the few five or six houses that have large additions the same scale. And as you can tell, we were trying to be as sympathetic we could for the setbacks

464
02:19:32.240 --> 02:19:48.960
with the openings and the angle of the addition. And uh and I think it fits in for for the neighborhood um that's developing and people are adding additions. It's not unusual. It's just they're a little tight. What what really drove this was the second garage bay in

465
02:19:48.960 --> 02:20:03.600
the space above it. >> And the other homes being constructed or been previously recently constructed all containing now two two garages >> both. Yes. >> That's all I have right now. >> Cliff, do you have any questions?

466
02:20:03.600 --> 02:20:19.200
>> Take questions. Right. >> Um facing the house left side the house next to it. How far uh are you the building separated? Just fall apart. >> I would probably say we're

467
02:20:19.200 --> 02:20:42.240
over 17. So, I'd say >> I thought you were adding 12 to >> uh No, our our um our at the point where their home is. It's uh I'm sorry, 17 in the back, 16.4 in the front of property line,

468
02:20:42.240 --> 02:20:58.000
>> right? So, I would say it's probably 30 35 ft of the house. >> There's plenty of room. And I think the house next door left is that the one that has the big left side. No, it's the next there's a house that has similar size

469
02:20:58.000 --> 02:21:15.520
addition except one more down. >> But yeah, I would say about 35 ft. >> I have questions. >> I don't have any questions either. >> I have no questions. >> I also have no questions. >> No questions. >> No questions.

470
02:21:15.520 --> 02:21:32.960
What was the part that was not going to be in the closed? I missed that. Sorry. >> The front porch on the front yard. >> Yep. >> Thank you. No more >> stand. Do you have any questions? >> No questions.

471
02:21:32.960 --> 02:21:47.840
>> This will conclude our presentation. >> No subation. My opening will be my >> Is there anyone in the audience that has a question for this applicant? None. Take final comments from the board. Brian,

472
02:21:47.840 --> 02:22:03.920
>> I'd be in favor. It's the regulation. In favor, >> I'd be in favor. Well, it has the same aesthetic, so it makes sense to um align the rest of the neighboring homes. >> I'd be in favor. The the front setback doesn't even see, you know, since it's

473
02:22:03.920 --> 02:22:22.240
just the overlay really good. >> I'd also be in favor. >> I'm in favor. I as well. >> It fits in with the neighborhood. I like it. >> It's a good application.

474
02:22:22.240 --> 02:22:37.760
>> Can I have a motion to approve the application? >> I made a motion to approve this application. >> Ted first, Brian second. Joyce roll, please. >> Mr. Mr. Neman, >> yes. >> Mr. Sarako, >> yes. >> Mr. Walsh, >> yes. >> Mr. Aarsski,

475
02:22:37.760 --> 02:22:53.120
>> yes. >> Mr. Centennio, >> yes. >> Mr. Sanzo, >> yes. Miss Lino, >> yes. Mr. Jack, >> yes. >> Mr. Hartman. >> Yes. Thank you very much. Have a nice evening. >> Thank you, >> Mr. W. You've advised your clients as to the times about that. >> Thank you very much.

476
02:22:53.120 --> 02:23:18.399
>> We do. >> Is the other applicant still here? >> Was the other applicant here? >> Yes. We have three minutes. So we did come up. >> Our next application is Kawaii 23 Craber

477
02:23:18.399 --> 02:23:41.840
Road CRA Road. Sorry. Uh excuse me. I happen to be in the same union as this person. Uh, I don't want it to be considered me being favorable unnecessarily.

478
02:23:41.840 --> 02:23:55.600
What should I do? >> Recuse. >> Thank you. >> I have to recuse. >> How you doing? Good. How are you? >> All right. Uh, good evening. My name is Joseph Clary and I live in 23 Camber

479
02:23:55.600 --> 02:24:15.080
Road, uh, block 163, lot 23. I'm here to request a variance for my property to construct a sun room and deck at the rear of my single family residence. To do this, I need a variance uh from article 97 section 119.1.c.

480
02:24:16.240 --> 02:24:32.479
The reason for this request is the property has an existing layout and limited rear rear yard depth which makes it critical to comply with the required rear yard setback. Due to position of a existing home on the lot, there is no reasonable way to construct a modest

481
02:24:32.479 --> 02:24:48.479
addition while meeting setback requirements. Strict compliant with the lot coverage requirement would also bring the ability to construct a functional addition given the existing improvements property. The proposed sun room and deck are located at the rear of the home and will

482
02:24:48.479 --> 02:25:05.000
not negatively impact surrounding properties in terms of light or privacy. The addition will provide functional living space while remaining consistent with the character of the neighborhood. The requested variance will allow for reasonable use of the property.

483
02:25:37.600 --> 02:25:52.560
So, yes, I'm confused. Um, adding 480 square ft brings us to 438. What's it at now? I'm unclear on that. the current current coverage

484
02:25:52.560 --> 02:26:10.479
>> uh you know the page that I actually have I don't have but >> I don't have so I can I can actually it's I can make a little you know light of this so the existing

485
02:26:10.479 --> 02:26:27.680
sideyard set box are what they are not quality we uh between the backing the sunro Now you just do the calculations over here because the lot coverage with the new closed position is 43.8%.

486
02:26:27.680 --> 02:26:45.120
So if we reduce the deck or I can you know basically um you know listen to this right now the deck is 24 by 12. If we reduce the deck to 23 ft, that would basically eliminate

487
02:26:45.120 --> 02:27:02.880
um the percentage of the square footage of the deck taking up. It would count as a as nonconforming deck. Uh the conditions of the non performing deck are that the deck has to be less than 275. We're maxing at 275

488
02:27:02.880 --> 02:27:18.880
ft. So 23x 12 is 276. I'm going to give them the one square foot. No problem. Uh and then you have to still have to have 25 ft to the back of the property. Right now at 24 ft we have 26 ft by having by

489
02:27:18.880 --> 02:27:34.640
reducing that depth by 1 foot. It would also reduce the second area of that coverage. It would drop it down to 38%. And the existing sideyard setbacks for the house are existing because that's

490
02:27:34.640 --> 02:27:53.680
the way the house is built. >> So the only variance he needs is the >> existing bar and existing bar. >> Correct. For the both side for one side and both sides of the house >> that's taking a foot off of the deck the length of the deck instead of 24 you

491
02:27:53.680 --> 02:28:12.720
drop down. Do you wish to modify your application to remove that one foot? >> Yes, I do. I would uh have to speak with my architect as well, but yes, >> that brings us less than 40 just is this really a 5,000

492
02:28:12.720 --> 02:28:32.479
ft lot? >> Yes. >> In the R1 R1. Yes. >> Oh man. What's required? >> Yeah, exactly. I can I can do that. >> All right. >> And you can put the sun room on top. No.

493
02:28:32.479 --> 02:28:49.840
>> Well, the sun room goes where it is. It's not an issue, but it's it's the reduction of the deck. The sun room will stay exactly the same. >> Sun doesn't require >> affect the sun. Basically, the deck would be shortened by >> No questions.

494
02:28:49.840 --> 02:29:08.160
>> No question. J, any questions? >> No questions. >> No questions. >> No questions. No questions. >> No questions. >> No questions. >> Oh, I do surveyed the survey that was submitted doesn't

495
02:29:08.160 --> 02:29:23.200
show anything about sun. >> It's if you like to see I show I can show it to you. So you guys, you know, >> yeah, I have a survey >> and also >> Yeah.

496
02:29:23.200 --> 02:29:39.359
Okay. All right. Thank you. Thank you for clarification. >> Is there anyone in the audience that has a question for this applicant? The room's empty. There's no one here. Take final comments. >> I'd be in favor of it. Just a continuing

497
02:29:39.359 --> 02:29:55.120
existing errand. >> I'd also be in favor. >> I' I'd be in favor. It's just the contingency of having to to do any sort of remodeling. >> I'd be in favor. I'd also be in favor in >> favor favor as well.

498
02:29:55.120 --> 02:30:11.200
>> Another good application. >> Motion to approve the application. >> I make a motion we approve the application. >> First, go ahead. >> Scan and second. >> Choice roll, please. >> Mr. Nean, >> yes. >> Mr. Sakola, >> yes.

499
02:30:11.200 --> 02:30:28.880
>> Mr. Walsh, >> yes. >> Mr. Warski, >> yes. >> Mr. Centennio, >> yes. >> Mr. Szo, >> Mr. Lino, >> yes. >> Mr. Yes. >> Mr. Her. >> Yes. >> All righty. >> 45.

500
02:30:28.880 --> 02:30:44.000
>> Just so you know, the resolution will be p will actually be voted on at the next meeting. That's the 24th. That's after that it gets published. That's usually within a couple of days. That starts the

501
02:30:44.000 --> 02:31:01.520
clock. clock is 45 days for anyone to come in and make an objection for this thing going through. Is it likely it'll happen? No, it is not likely that it'll happen. But you have to be advised there is a possibility. So if you move forward

502
02:31:01.520 --> 02:31:17.840
based on what you have tonight, you're doing it at your own risk, but they'll the department will pull a permit if you ask. Right. >> Correct. Yes. >> Okay. We'll issue a permit. >> Yes. So, it's basically it's your call. You

503
02:31:17.840 --> 02:31:41.600
just need to know what risks you're taking. >> All right. >> Yep. >> Thank you very much. >> Thank you for waiting. >> Thanks for waiting. >> Old business to discuss. >> Any new business to discuss? >> Let's not go there.

504
02:31:41.600 --> 02:31:56.240
>> I won't be here next month. So, Rich will be ready. >> We got I got to I've got to find something to cover cuz I'm not going to be here, >> which is not good. >> It is what it is. >> Thank you, Joe. >> All right.

505
02:31:56.240 --> 02:32:04.560
>> All right. Motion to adjurnn for >> second. >> All in favor?

