all right I'd like to welcome everyone to the regular meeting of the zoning Board of adjustment it's Tuesday June 11th 20124 this meeting is being held in compliance with the open public meetings act chapter 231 public law in 1975 adequate notice of this meeting has been provided to the coaster and Asbury Park Press by publication of the annual meeting notice and posted on the municipal bulletin board and Municipal website all notices are in file with the board secretary official action may be taken on the following matters before the board fire exits are located on East and West sides of the council chambers as well as the back of the building I ask everyone with a cell phone to please mute it for the duration of this meeting and this meeting is being recorded by APV roll call Mr Sero R Who attendance and haris here here here John Scully here Tim here everyone else is absent we have three members are absent um Natalie passerini uh Russell Lewis and Wendy Glassman thank you so just a quick housekeeping item I make a motion to carry 1201 Bridge Street uh to October 8th 2024 with new notice if I may Mr chairman yes I'm sure the list of property owners is stale it's probably from last early last winter that'll be 10 or 11 months out not only should they get new notice but they should ask for a new list property owners for ta okay understood make that part of motion mind yes uh as Mr cico just listed okay so the motion is by Mr aalon who is the second I'll second John scul second uh roll call Dan yes Jill yes Christopher yes John yes yes thank you all right so the first application we have tonight is 11022 Avenue we have I reviewed the documents for jurisdictional purposes we have jurisdiction proceed matter thank you Jack Mr Tilton good evening Richard Tilton Allen Hurst New Jersey here on behalf of the applicant also with me is Mark Lutz the applicant's contractor sir please raise your right hand a witness you saw me swear affir testimon about giv this matter the truth the whole truth and nothing but the truth yes please state your name for the record and spell it Mark Lutz Lutz and I'm going to swear in my staff in case they to engage in any discussion please raise your right hands you saw swear affirm testimony it's not be the truth the whole truth and nothing but the truth please State your names and your affiliation with the board please Donna Miller board planner Gerald fra board engineer thank you go ahead okay Mr gu good evening U just a point of um the the applicant Miss daala she works and lives in Japan so she lives here parttime that's why she's not here tonight so she's out of the country I see that's interesting it is yeah um so the application is for 11022 Avenue um it's in your R1 single family Zone uh the property was a or is an existing non-conforming lot it's a 2500 square ft lot where 5,000 ft is required the there um the existing principal structure is 13.95 ft to the right of way where 25 ft is required and I think that's what's really dictating a lot of the variance relief that's here so the client um had the entire property renovated there was no change to the footprint but during the course of the renovation the Sewer Lateral had to be replaced that required the foundation to be moved and the existing cement porch to be removed and in its in its place was a is a new six foot porch and the porch was installed without variance really like stipulate to that and um that's really that's really the application we in in in putting the new porch in it has pulled the structure back by 1.5 ft so it's um encroaching less than it than the pre-existing condition was um attached to the application are photos of the of the property before and after and I would ask just the board to note that the the front door everything about the building has stayed the same other than its new windows Etc the steps the the front porch is a above grade by about 4 and 1/2 ft the the steps have to be where they are and the landing area has to be where it is in order to access the the inside of the house the porch is 6 ft wide it's modest in size and we're asking for variance relief for the front yard setback and I don't know if the steps are required the steps are only 1.5 ft from the right of leg where it used to be zero ft that's the application I don't know if there's any Mr were you Rec did when you were in the construction of this new Port were you aware of the setback requirement well they told me that I could just rebuild it in exact same footprint who told you uh zoning maryan at zoning I can only build it back in the exact same footprint which made no sense I don't know that I could accept that without Maran being here so do you have a permit that specifically states that do you have anything that states that there's no there's not a permit you have no permit perit but I believe we do have something yes I don't so can you provide that to the board I could okay because I remember the foot I remember the existing Footprints so Maran told you I mean I don't understand all right how we ended up here is um there was a violation issued to my client by by maryan for for construction without variance relief so cannot give you approval wait Jack Jack so there's also a pending Municipal Court action so I want to be careful about what's going on as far as testimony here so so this is a little what are we doing here no no no so normally when a violation is issued by for zoning enforcement they'll go to Municipal Court the judge will say you have an Avenue but they haven't said anything yet they have an Avenue to resolve it by getting a variance and we will act so they've come here and that's how we're here so I became involved when my client got a violation and my client agreed to come here to get Varian relief and then to go to address the matter Municipal Court that's why we're here so you built it back to the same size or actually smaller it's actually smaller I I was allowed to I was allowed to rebuild Maran said to do it and then no she never said to do it she she said that I could do it if I filed the paperwork for that but we didn't want to do that it made no sense so I would like to see what paperwork you had received from Maryann what did you file with her anything you have all permits yeah the whole house all permits for everything so you filed it with her whatever you're going to bring back to us we depict that it's actually smaller yeah I definitely have something that a less nonconformity than you had in the beginning you set back 6 feet now you're set approximately 6 ft now you're set back 7t is that testimon it was more now now it's a lot less well let's call it less I don't know if it's a lot less whatever it is whatever the number is it is in my defense it started off as a temporary structure so she something to get in and out of put temporary railings I'm mus put up nice railings until we went to get a variance that's how it started that's she had to have something to get in and out of the house this process took nine months to get here okay she Mr chair she's always going to need variance relief like anybody on this anyone on this block the whole and Donna talk what are you trying to say Mr Tilton I'm trying to say that she would always need variance relief for any replacement of steps the porch the house itself Mr chair the principal structure is encroaching into the right of way it's it's only 13.9 ft off of the RightWay where it's not approaching to the RightWay the the setback of the house is 13.95 Ft from the right of way but we didn't location we did not we totally did not the building is the building but includes part of a former correct absolutely does which none of us know when that porch was enclosed right I mean we totally don't but Mr chair the fact of the matter is if you look at the the elevation of the house you always need stairs to get into this house you always do you're always going to need variance ordinance permits the steps approach into the front yard step back I would also offer that the way the ordinance is written If This Were A roofed porch conventional roofed porch like we all have more or less it would not be in violation of the FR back will you permit roof to open porches to extend into the required front y setback the difficulty with this one is a no roof and B part of the former open porch is enclosed on part of the the building envelope I see like you look at the houses next door right okay there's more porch than this one has right and and so that's that's sort of the difficulty here if if put a roof on this I would almost say that the zoning office would probably lean toward it's okay because it's pered encroachment into but that doesn't help us now Don so I understand what're what they have is a deck right I get it and part of the house into the front yard set back more than its neighbors because of that part that got en closed but whoever however it long AG know I understand go ahead but to to Mr Tilton's statement about anything they do needs a variance not 100% well I didn't mean to I don't mean to mislead the board it's it's not I'm not even trying to mislead the board the fact of the matter is yeah that the house yes it's difficult the house is only 14 ft off the right of way you're always going to have to access the p and you would have to remove the entire porch right now she replaced it with a six it's a 6ot wide porch it's a modest porch it's smaller than the porch that was there the prior porch also had a a Pergola I don't that was removed so if you look at the if you look at photo one of six of the app of the packet you you'll see there was a whole structure on the front per structure that's been removed and in its place is a smaller porch it's 6ot wide it in order to be anything usable it has to be 6t wide and so that would be my point in order to have anything there a porch of any size being replaced it would warrant variance relief a trip here to the board what is the setback now I know you said it's a lot less and our attorney said I mean relatively speaking it's a lot less because there's not much to to work with the the the encroachment has been decreased by my account I'm not that great at math they sent me to law school by 1.55 beet less okay so so so explain to me why you didn't come to the board first Mr Lut just explained it to you like in the in the course of construction the entire porch had to be removed there was a cement porch Mr chair cinder block called Big Red masonry porch that was there I guess you can't see that you can't say that bright red if you look at the packet if you look at photos four I mean so sorry page four five and six of the application uh the packet you can see that the sewer that the Sewer Lateral had to be replaced the only way the property is only 25 ft wide the only way to do that was through the front of the house was under a masonry structure that had to be removed the how it was entirely ripped off Mr chair and in its place Mr L a temporary porch was installed with fitting and then they decided to just move ahead and build the six de my client did ultimately it was her decision your client was not here right say again your client who's not here to testify for on her behalf I'm sorry I can't I can't hear you she's in Japan she's in Japan and I I don't know what did she even be back in the next month she goes to for extended periods of time that that was also kind of what slowed the whole application process down but I I represent that my client was not trying to to be ctitious about something she knew that she would have to do this and that's and that's here we are there was a whole I don't want to really get into it because MaryAnn's not here and there's going to be a municipal court proceeding after this after we meet with you but we did agree to come to this board to make the case for variant really but you don't have a very big case Mr Del well I don't know what to say Mr chair like the only way that you're just saying it's there well the only put it there the only way we can address it would be to rip the porch off I mean it's crazy this is I've been bothered about this for 4 years C the whole this whole technical variance you're making a you're making a non-conformity more conforming yes remember that by moving the porch to where it is you're putting it closer to compliance with the zoning ordinance than it previously existed only reason you need the variance is because the law says anytime you ask a municipality or a board to deviate from the required standards it requires a variance think about it you're making it more conforming but you still there you're still being asked for for a change it's not the 25 ft you're not going to ever see 25 ft set back because you'd have to move the house and then it wouldn't be in Conformity with the rest of the houses in the neighborhood from the photographs that I looked at so I always try to get everyone to understand conceptually what we're doing that's that's all that's the point it's a technical variance only required even though you're making it quote a better conforming situation than it was previously okay you're only doing you're only making it a variance because you're actually going to when you vote deviate from the standard that's it it's that simple my concern is Mr Lex is when you met with Maryann she said if you rebuild it the same you'd have to go in front of the board same concrete same what made you think that if you did it I did it was a big square like this I chopped you got to you're not listening to the questions you start to talk before they finish the only way you're going to know what he's saying and what he's asking you is until he's finished off okay so just relax we're good we'll get there just let him finish this question you'll get your chance we'll be good so you said earlier that Maryann told you that if you wanted to rebuild it in the same footprint you'd have to come in front of the board and get a variance so so I that's my that's what I'm I'm we can't really take testimony of what maranne said I'm confused to you maran's not here we have to negate that whole concept unless you can produce paperwork that tells us exactly what she wanted so so I can explain one thing I had a demo half PCH down so I was allowed to build it right back up in the exact same position that it was and could would have been fine but it was so dismantled that it didn't make any sense so I took it upon myself to move it back and you showed that to maryan so like to make it smaller you present and then at that point did she give you a permit or an email or something that says you have to I have a denial saying that I can't build it to the six foot but I could have built it in the same exact I could have rebuilt it in the same position we still can't accept any test about what Mar and may or have not said did she give you any type of paperwork that per yes I have I have the failed the onl application I believe I have the what the permit we def failed application to rebuild it to the 6ot it was yes but then you went ahead and built it anyway yes yes that's why we're here it's stipulated that's why we're here like nothing the underlying is not going to change anything Mr chair it's not the Board needs to consider the variance really that's being requested as Mr Sero pointed out it's actually a better condition that pre-existed does it make it right or does it make it wrong I don't know it's what it is it is what it is there's nothing more that the applicant could do other than rip the porch off the house that's all they could do sir or push the house back it's impossible if I thought you know me Mr chair if I thought there was some give or take I would be given and taken there's nothing to do there's nothing we can do any of us well there is I mean you could make us rip the porch off that's what you faced with is you this application is probably the fifth in the last year that's come before us that has done something without permission and it's plaguing the city unfortunately that's that's been a municipality and your zoning enforcement this board is the zoning board like you're to deliberate over VAR relief and whether you can or can't Grant it within the confines of your ordinance your master plan the existing conditions the neighborhood and I dare to say that you can and there's nothing that this applicant can do to mitigate or reduce anything more there's nothing more that can be done right wrong or indifferent Mr chair M Potter right wrong or indifferent there is nothing that we can do other than to ask the board to vote for the variance relief yes or no and if you say no then we take it to we take this to the 10th degree and I I understand your point I recognize your point I don't like sitting here this is not how I would operate it's not it's not how it but it's the way it happened it's the way it unfolded you can see the whole porch was ripped off it was that's that's where it got started how much of delay would would they have been if you had come before us up front before you to the board that's a good question if we came to the board up front it would probably look exactly like what's in front of you exactly what's in front of you okay how much of a delay would have been for the completion of the job I'm sorry how much a delay would that been for the completion of the job I would say can't say okay here's what I can tell you here's well what I can say I want to answer that let no I can answer this I can answer if you look at the photos that are appended to the application those photos were taken by me there's snow on the ground it's June the the application was filed at the very beginning of of January by me January 4th and today is June 11 June 11th that's what it would have been 6 months and sir it would be the identical application that's in front of you the six foot porch I I don't know how much smaller it could be seven step seven steps to get into the front of the house it would look like this and look I know it's better to ask ahead of time like I do but that's this is where we are and so we're looking for the board to give us the variance relief I guess or not like and if the answer is not that I'm not really sure where we go well actually I know where we go and it's just right it's just the theater of the Absurd is doubt but but I think the absurdity to me is that you have a professional contractor here that that Mr lets you do a lot of work in Asbury correct yeah and and sobly you made the decision you made the decision to go forward without coming to the board as a professional contractor so so as much as the absurdity is of if we deny this the absurdity to me is that you have a professional contractor who made a conscious decision not to come in front of the board it was yeah I me keep in mind that being taken care it is the judge that's being taken care of over in Municipal that's a different body of law that's a violation that's existing that's own the court what the judge does based on that is fine our task is to decide whether or not they off proof sufficient enough to bring the variance we don't decide whether or not they should have could have or would have that's that's for the Municipal Court jge take so you don't have anything from maryan that like an email or we going back to this I I'm sorry is that Anno you Sor it's not we've been through this though he's already told you he does not Jill I'm sorry no no no we have confusing testimony about that he said he has a denial and earlier he said application so my I'm curious and I am going against my better judgment or I'm sing with my better judgment AR I um I don't know yet um is what I think happened may be that they applied for a zoning permit to do the house renovation and they have permission to renovate it as long as everything is where it was originally the scope of the work changed for him with that sewer connection which caused demolition of the porch that would have required a PL a permit update and that be that may be where Maryann triggered the no you have denial now I can't You' demolished the porch you know the only way to do this is you know going to trigger the variance aspect they're in the middle of construction he can't just see you're testifying right now Don and what example I I know but they should be given the example but but my point is that um they're handling it administratively the way they need to he's coming on his path which is to try and get a variance actually I think it would have been more appropriate if the applicant was here herself Mr tilon that she's in Japan I understand that but but can I finish please sure yes of course having no testimony from your applicant to corroborate what Mr Lutz is saying and to corroborate the fact that she went downtown and tried to figure this out for herself is difficult for us do you understand what I'm saying Mr I absolutely understand so not having her present is difficult all around and we should have known that before we scheduled you that she would not be attending this application meeting that's that's fair but I I don't think she's going to give you anything we stipulate are you speaking for her Mr Tilton I am actually did who went down and made the application for the permit you or the client I did did the I go down City come to City Hall at any time discuss anything I I think she just stopped in there to see what she could do you had the discussion I I did all the pap you had the discussions with The Zing officer yes you made you filled out the application for yep all of it you have the relevant knowledge as to how this all went yes this occurred okay so the applicant was not involved at all is that correct yeah I would I would say no she didn't file any paperwork refiled all the paperwork did you discuss this with her prior to her going to Japan we said it off to her to sign off probably doc you sign you have any record of that I'm sorry do you have a record of that like to present to the board we're having a really hard time hearing it do you have a record of that to give to us I I would have to look up the paperwork I'm sure we do that's the only way that's the only way we got her to sign it because you have to sign a zoning application I too would feel better if the lady was here to speak for herself okay because we're getting everything through two people okay and with her not being here we still don't get I don't have a clear picture of what happened obviously you did make a slight Improvement by making the porch 6 ft okay so you're less in violation and I understand that's why you need need the variant but we also many times need the person who is the owner of the property here to tell us okay that's the problem okay and to my how I feel it must have not been important enough for her to be here and it's very important for her to be here cuz she owns a house okay so if you need to hear from her I'm not that's fine we we can I guess we'll carry the hearing but I I don't even know to what date I don't know I would have to check with her you don't know the date then you're going to have to Reit yeah well could we what's the next what's the next hearing date uh the end of June end of June she going to be here the end of June I don't know I don't know can we um if we carry it to the end of June then if she's not then I can come back and ask for it to be carried again if that's if they need to if they need her testimony if that's going to be dispositive of this cuz I I guess I'm repeating myself there's nothing that's going to change about this the solution I recommend the solution okay if we carry this to week two weeks from tonight without further notice you have to come back with your client and you have to go back with the paperwork and you submitted to prove your case Okay show what happened to your for has a complete understanding okay that's fine can I just say one thing this started off with that porch being deconstructed because of the sewer running through it yeah um by the time we got down 6 feet to where the sewer was there was really nothing left to this porch to reconstruct and that's why we this happened like whenever it was a year and a half ago she um we got all our final permits in moved to in September so it would have been from last September to now before she got this variance so by me building that temporary which started off as a temporary porch would have got her to this point you need to bring it as I said you still need to bring your big back to give the board a complete story okay and then the board's job is to decide the variance case Jack I have a question what's the um the meeting the meeting like two but this our meeting like four weeks from now June 25th and then July 9th yeah the difficulty is that Maria isn't here so I can't tell you that we can put you on any agenda because I don't know what the agendas are should knows the applications but I don't know that stuff and there's one thing already on yeah for what July 9th or oh June 25th June the two weeks from tonight whatever that is okay uh we we'll get that we can gu you to then and then you let us know and then if she's not we're not going to carry two weeks two weeks you're going to have to come back with a date for that she's be when we can be heard I'm going to ask you to wave the time within which we have to ask we don't get automa and then we'll set a date time and place if it's relatively close you may not have to R notice if it's a few months down the road you're going to have to R notice okay so we'll be back on June 25th I don't know I don't know if my client will be with you're going to let us know I will let you know I will let you know and then if I have to come on the 25th I don't to carry it again let us know he may not have to make an appearance just to let us know okay and we'll you know we'll consider the matter do that okay is that okay with the board yeah that work okay great so that's I need a motion so I make a motion to carry 11022 Avenue to June 25th 2024 without further notice I'll second okay Mr chair of members board thank you appreciate it thank you yes yes I make a motion to take a five minute uh recess set all in favor none hearing should we get restarted again Mr let's call order all right okay Ro Harris here here Christopher here John scul and Kim s here here everyone's here all right let's move on 1217 4th Avenue okay good evening Mr chairman members of the board no I'm sorry I I'll I'll speak my name is George mcel I'm an attorney I represent John Lee Antonio John's a MD so he's Dr Lee Antonio we're going to be formal property is 127 4th Avenue um we're here tonight to seek a variance for a pool front yard in the front yard um and by the ordinance it is in the front yard but this property is such that the the structure the principal dwelling is all the way to the rear and and it does look like it was a garage apartment at some time and I did read in Don's letter that there doesn't seem to have been a front structure and I I agree with that I was on the Aerials too um so I don't know how this came to be but it does look that way in any event we have a a house that's all the way back uh it's 2.2 feet off the your property line so any place that a pool would go anything at all on this property is in the front yard because it's all front yard um so uh we're asking for that variance during the application process um there were a couple other variances called out one for a patio deck um that is the garage and and the principal structure and and that goes back to the to the rear lot line and um we would ask the board if you would let us um have a variance to continue along uh essentially the rear facade of the building not to go all the way back to to the lot line but essentially along you know from uh uh I'm not going to testify but along continue the the the line of the of the dwelling across um put a patio there we're going to have a fence behind that uh because we require a fence if you allow us to have a pool we'll have a fence running along the rear lot line and um late in the game um the issue of of a shed came up and I was at the property I didn't even see the shed but it is in one of the photographs um and um that's going away to get rid of the shed so uh we'll stipulate to that Mr chairman i' review the notices we have proed thank we have jurisdiction I that was five minutes um you would have lost your whole monologue there doing so well never I stepped now so I think I have John le Antonio here uh with me he's the owner of the property and Bill Jensen he's the engineer uh we have some um engineering drainage issues that uh he'll talk about but first I would just like to have uh John sworn in and we can go over the application sir please ra your right hand s oriru i do state your name for the record and spell it uh sure it's um John le Antonio l i a an t o n IO you are FR one of the property owners or one I am yeah okay so proper I'm going to swear at my sta as wellwear testimony matter the truth all truth and nothing V the truth I do I do can you state your names for the record and your affiliation with the board Don board planer Geral engine thank you Flor is yours thank you uh thank you chck um John you have just stated you're the owner of the property and you heard me say that we're looking for variance for a pool is that your understanding why we're here yes all right so you're a little nervous I understand yeah I'm a little nervous I told you to loosen up a little bit we don't bite Dr Le I don't know about that yes the uh I gave a I submitted an application and the application had photographs so so um let's go over the photographs in the application and thereby we'll describe the you have photos we do yes yes okay since we're going to testify even requ of the application let's make your photos A1 these are the application photos Okay that submit that to board yeah I would okay so let's make that okay so the whole board A1 yeah board and uh my Legal Assistant who's also my my wife glued them on so you may have to you so well everybody has them in the in the uh yes in in the application so um so John your property uh is on the north side of 4th Avenue right yes so if you look at it the the right side is to the east yes and the left side is to the West yes all right so those are leading questions but another so when we look at this this first photograph in the application what what does it show shows the house which is pretty far set back on the property it's all the way to the very end of the property the North West Corner um you see the fence in the front um you see a driveway on the on the west side that runs the whole length of the property um on the east side are a group of trees which provides quite a bit of cover um so let's uh let's go to the next photograph if I may did you take this phot I did not who did Georgia Georgia oh that's I took them these are in accurate depiction of the property on the date so we swear that they are on your an attorney yes all right okay you're good we had to lay a foundation George I appreciate how long have you owned this property Dr Le Antonio um I bought the house in unless October or November of 2019 okay right before the pandemic or before the pandemic sorry I fell in love with it because of the way it was set up I really unique so so you like the fact that it was all front yard I love that it was very private it was very quiet off the street it was really really nice so I'm sorry Mr just please please proceed so when we're looking at the second photograph here um that shows what looks like trees and hedges can you describe that for me yes so there's a large group of um cther trees that are in the kind of middle of the property between the Street and the end of the property the prior owner really liked bamboo so we have quite a bit of bamboo that U actually really helps to provide quite a bit of privacy which is really nice um you could see the fence on the West Side along the driveway um that kind of leads up to the property um so is this a uh Fair representation of the of the density of of that uh uh uh it's a vegetation but yeah so you can't can you see through that no you can't can can you see through it from from the other side out can you see no you can't okay which was part of the appeal it was very private it's all bamboo it's some bamboo it's it's pretty crazy the bamboo it's like out of control but yeah um it's um bamboo and then cedar trees you uh intend to keep that yes as a buffer mhm so you would stipulate that you would beinging maintain that as it is um at its density whether it's bamboo or something else that you put in there it was like that from 2019 and that's how we're going to continue to keep it to keep it private okay so if you decide to take the bamboo out you would put something else in that would make it absolutely absolutely I don't know some bamboo tends to spread right so the next photograph uh managed to get it to the application upside down um we managed to get it right side up up here here but if we just jump over that and look at the fourth photograph it's the same um same angle what does that show that shows the bamboo and the fence line in front of it and the trees and where's that looking from that is looking from the street facing the property it's the east side of the property and we go to the next photograph what does this show and this is looking out from the backyard to the front of the property so you could see the trees and the bamboo through there on the right side of the photo is the driveway um in the front of it is where the grass is and where the the um proposed pool is and there's a stockade fence along the uh the Westerly Edge is that yours yeah we had to replace the fence after we moved in it was in really really bad shape so we we um had a permit to replace all the fence and um there seems to be that little shed in the U approximate center of the photograph yes is that right yep and you're get you're going to eliminate that happy to take that down if that's an issue okay um so in this Photograph can you tell us where the pool's going to be located yeah the pool would be essentially in the center of the grass um can you show it on one of the photographs essentially right in here this area would it disrupt those two Mounds like are those to be removed or anything stay it's going to be further further up and that the other one in the center that little garden will stay there that's going to D that will okay it's a hyd ranger we're going to try to transplant it it's the plan just to get the idea where it's Landing okay it's really pretty I want to keep it if we can I have a question about your planing things along the fence please are those staying or going those are staying okay I'm just trying to understand the the green buffering that's all we actually put those in um as hope as as a as a hope to have some extra privacy they've actually grown quite a bit since we've planted them in we actually did them with our neighbors in intention of you helping with the privacy because we can see right into their kind of kitchen uh so it kind of helps to give a little bit of extra privacy for all of us um so that was our plan with that from the start the uh fence along the uh easterly side is that yours as well yes and that's new as well yes so in that photograph that we're looking at um the neighbor to the east will the pool be um behind that next to it in front of it it will be behind their house I have to ask it that way so it's not leaving and how about the other house it will be behind that house as well okay so if we go to the next photograph which is right here um that shows what that shows the the um properties deck and that's uh that's the where where is that deck located um in the back of the property east of the house is it between the house and the garage yes okay um and we have discussed this deck right yep and how did this deck get constructed we put the deck in ourselves um where back in 20 my last page and was during the pandemic yes okay and uh who put it in I did and did you have my and my U partner together uh what's your partner's name um his his name is Nick strin okay and he's here with us tonight right yeah I think so all right so you understand that the the deck was constructed essentially to the property line and maybe actually a little bit over the rear proper line yeah and um you realize that that's an encroachment for the rear door you're supposed to have 5 ft there yes and um you you will comply with whatever you need to comply with is that correct 100% I think we need to do to get into compliance but you would ask this board to to allow you to have the patio up to the uh rear facade of the house I would and uh essentially going over to the garage yes okay and uh we also discussed the fencing for your property right yes and you understand if you have a pool you're going to have to have the property entirely fenced in yes and it's going to have to be code compliant yep so you intend to intend to fence in the entire lot yep including the rear yes okay um one of the things that was mentioned in our planner's report was that you you intend not to put in a patio around the pool is that correct yeah no we're not playing putting any patio I just want you to go on record Dr Le anonio that you will not put in a patio 100% that that's not going to happen yeah it's um all that all that's planned for it is um um 12 Ines of coping around the pool structure 12 Ines of what it's I think it's called coping pool coping that goes around the borderer of the pool okay yeah but other than that we're not planning on putting any other patio in could you do me a favor on on the sixth photo yes from yep whereabouts if it can be shown in that photo would the pool be um like the very front of it probably and then it goes towards the little garage it comes down this way towards the front got it okay so it's moving more towards the front of the property front of the property yes just have have a question you're set back from the street so it looks like it's 87.7 ft from the street to the edge of the pool okay cuz that's pretty far back from the street okay yeah yeah yes where do you plan to put all your Mechanicals for the pool they going to be um planets have the show the picture that's okay um within the trees within the trees yeah and is that really close to somebody's home closer to your neighbor to the west supposed to there but it's going to be in compliance of the 5 foot back well we'll have your engineer testify to that yeah yeah we're intending to put the equipment in a conforming location so you would buffer it in any way that covered quiet I don't want to hear it they don't want to hear no much nice and pretty it look it will look good and the uh the final photograph that we have up there that just shows the rear of uh your dwelling right M all right so essentially uh you going to continue that concrete along the rear yep all right um okay and the final the last photograph we don't yes it's right here in the last photograph in the packet that just shows the principal dwelling the patio and the uh garage yes all right okay um I did have extra photographs that just show that the uh um the neighbor to the East and neighbor to the west their houses were up on the street um I don't think I need to belabor that point by handing them out but if you would like to see them I will hand them out yes yes okay make the whole package Jack there's two photos Okay and uh John would you look at the first photo here what does that show uh that's across the street so that would be the the south end of Fourth Avenue and it's looking at at my property which is 1217 and my neighbor which is 12:15 1215 is to the east right yes what does the next photograph show uh that shows the house I don't know the address but that's the house to the west of us and that's on Bridge Street okay and that's the back of their house all right and this uh actually picks uh the conditions that exist today except there probably leaves it's a little prettier at this time of year all right if I could I'll hand these out [Music] okay thank you the true so your house is sort of like a gated house isn't it yes a carriage house thing if you will so John just for the record you heard me say that there's no place but the front yard on your property to put a pool is that correct there's nowhere else to put okay that's Mr chairman all I have uh Dr Lee Antonio um of course board has questions or public anyone have any further questions for Dr Le Antonio is he are you the one that's going to describe the pool or uh I think the engineer will do that the engineer will do that okay do you want to I could describe it as best I can did you pick it out I picked it out yeah uh so it's uh 9 and 1/2 ft wide by 23 long long uh I think as far deep as it goes is 5T it starts at 4 feet to 5T it's more of a cocktail pool if you will like a waer w a waving pool that sounds better yeah a waving pool and it's a rectangle it's a rectangle okay and this is in the ground in the ground yes concrete uh fiberglass fiberglass oh I do have another question I'm sorry you live here full time I don't live here fulltime but that will be I just actually today I signed a contract I'm I'm actually starting to work at um Jersey Shore uh in October where do you work now um in um Philadelphia Jefferson um in s City Philly so when will you be full-time uh my contract says October 7th so okay and then do you primarily reside here or do you rent the house out we don't rent the house out no it's you don't rent it out nope it's just us okay um so you reside in Philadelphia now I'm in Philadelphia now yeah we kind of split our time between Philadelphia and Asbury and as it's going to be put more towards the Asbury side um shortly you're not going to be commuting Neptune to Philadelphia from Neptune to Hasbury well but that's not to Philadelphia no Airbnb vbr vrbos Mr Mister no no so presently you're a resident of Philadelphia I'm a resident of Philadelphia at yes yep go Eagles Birds any further questions for Dr Le Antonio board professionals no thank you anyone in the public wait one second Dr Le Antonio anyone in the public for Dr Le Antonio's testimony please come up state your name yes please state your name and your address sure uh I'm loud I don't need to bend over my name is BR iy uh and I live at 12:15 4th Avenue next door neighbors to John and Nick okay uh we just want to say that we support their application oh no no no not yet not yet this is only questions examination okay just for his testimony only questions regarding his testimony oh I have questions regarding it yes have an opportunity not yet no I'll excuse myself thank you there's a whole procedure for this she's eag so thank you Dr Le anonio your excus appreciate you thank you at this time I'd like to call Bill Jensen the engineer good evening good evening good evening sir please raise your right hand you saw you swear affirm the testimony about to giv this matter to the truth the whole truth and nothing but the truth I do please state your name for the record and give us a yeah quick rundown of your professional licens sure William E Jensen Jr professional engineer in state of New Jersey J sem um I testified in front of this board but I think it's been a year or two okay um I'm licensed professional engineer in the state of New Jersey licensed for almost 20 years okay thank you we accept your credentials Mr Jensen thank Bill why don't you take the board through your PL you designed the plans right yes all right now this is an area I think we'll need to have this more3 please today's dat thank you this tells us whether there was a front house or not honestly I don't know where this is going just kind of to show the board there was a lot of testimony about location of the adjacent houses um this is the neighbor to the east this is where their front house this is where their house is the neighbor to the west the houses in this area with the trees um the pool would be in this area here looks like there's a lot of other pools in the area huh Bill correct so kind of like in line but it is behind the adjacent house as testified before um I can go we have the the detailed plan this is the actual plan that submitted okay we'll make that about A4 open please um as described before the pool will be the side setbacks required same with the filter which is up in front the filter location is behind the adjacent house and almost near where the existing shed is that from our the entire property will have to comping fence and we brought up before the front half of the property almost exactly right in the middle drains towards the street the SEC the rear half of the property drains towards the back and as part of the application we are proposing to put a yard Inlet in between the the dwelling and a detached structure that will collect the water any water from the rear part of the property that can get there especially around the pool will be piped up to the front and as recommended by the four professionals to going to put like a 30ft recharge Stone area to a popup emitter in the front yard and also to direct the piping around the vegetated areas best possible so is this what we were discussing Mr Freda yes yes and also to address some drainage concerns I know that the app was trying to ask for some relief from providing uh a pre and post drainage calculations as we're going to be collecting the roof leaders from the detached structure and directing it into the yard in there so it's 20 I think 63 Square ft of runoff that will now be going up their front and reach that's appreciated storm water management is one of our big deals here yeah the dwelling however the leaders are in the the front left near the proping line and the back right so the existing driveway is actually in the way of piping it to the stru and then the deck itself so we' ask was okay if you know we haven't heard any drainage issues the applicant indicated they haven't had any neighbors complain about the existing conditions and so we just asked for some Rel from having to try to fight those down spouts and dwelling into the the inlet itself but like I said before the detach structure we will have that the in the front sorry the grp leaders in the front that we can get into the proposed yard in Jerry is there any other way we could address the other there's really no room uh it's really tight up against the property line both the rear and side yard uh you'd almost be doing more armm than good to try to connect those Le and if there's no known problem at the time at this time okay just so the port's more comfortable the yarding that we are proposing is actually uh a few inches lower than the the grades along the property so in theoretically everything on the property should to that area as as we Bren build up so it's a better we're improving the existing conditions at the S uh and the pool as was testified coping it's a foot coping it's about 63 sare ft and every and all the grading around the pool will be directed to go into the inl as well what's the distance from the wood deck to the edge of the pool and copen roughly I believe it's tell you exactly so water is about 14 ft so say 13 ft to the coping from the wood decking correct okay the detach structure a little farther back so 13 ft got it thank you you said the grading around the pool is all going to uh come towards the right away it it actually it's going to be directed towards the yard like that we're proposing okay pretty much 70 to 75 ft from the property line is where the the grades it's like a high point so the front area the property goes towards the street the back at goes towards the back and like the low it's really flat yard so we're trying to promote order to go to the in to go out to the street okay and do you have to raise the elevation of the pool or is it flat enough that we're actually lowering some of the property get that work so the pool elevation will be elevation 21 umon and everything some areas are 21 down to 20.8 so we're putting like a little high point low point at the pool 28 so great to swell around to the inlet which is at um B5 and there won't be a low Point towards the neighbor no every the neighbor's property is size at 19 okay 198 I believe we're containing we're making everything stay on the property trying to go to the street into the the street what was the the thought process for the position of the the pool equipment did you choose that location based on pool itself or or I believe it there was conversations with u the pool compy the homeowner and being near the shed that's that's the only and where's the electrical coming from the electric would be coming from I'm not sure where the meter is but it would be from the structure it's not going to be from the from the street so I'm not 100% sure where you would be from the main structure I'm sure that'll be under ground yes on that map on the not the map it's the picture there um where to the West is is the n sorry East to the east by the Mechanicals um where are the neighbor where's the neighbor's house roughly situated I know it's more towards the front but what's roughly the distance away from the neighbors so from the corner of the house say diagonally would be like 10 ft from the corner of the house to the and how far is the pool equipment from the actual pool I think that is also 10 it's 10 ft water line yes so it's pretty much in the middle um just the code requires 6 ft uh minimum for the property light uh from the PO equipment to be near full water what about from the property line property line 6 years sorry 5 ft 5T 5 so we're meeting the side set back for the pool filter any further testimony Mr Jensen I could answer any questions but I have nothing further I'm just concerned about the neighbors and the pool noise the uh mechanical noise in their backyard a adjacent to the Mechanicals is there is that where their deck is is there any kind of leisure activity to their neighbors where they're going to be butting up against the Mechanicals right yeah I know y the neighbor to the east this year the East yes yes closest to the Mechanicals sorry I said was to start and I was wrong so conversations they have a rear deck that is in this portion okay thank you the are will kind of show U rear de area right here the property po there here we filter be here and this is where the pool's kind of in general so for me the Mechanicals might be a little bit of a concern for the neighbors and while they might be here for a while they may not be and I'm just looking out for whoever lives there were other locations considered for the Mechanicals maybe closer to the garage um um from my design standpoint I didn't really talk with the pool company right but uh you pulled on you guys you prefer I prefer keeping it trees with the thought because it would be away F I can't pick you up on what my conversation was that they AF would like prefer the screen in with the tree the existing tree line here it would suppl any other vegetation around equipment possible bill can we put any more vegetative uh buffering between the fence and the and the equipment U depending on where the existing actual existing trees are you can put more um existing trees that they planted around and fill and more holes SCS but screening as much as possible just as a point you have 13 ft between the pool and the deck and a little bit more to to the auxiliary dwelling accessory dwelling so if you went diagonal to the Northeast it could go in that back corner away from the neighbors away from the neighbors Recreation Area yes yep yes I think that would be fine yeah too but still still like saying it would be more in front of the garage LGE area closer to that than instead of going further away instead of closer to your neighbor tuck it away as can just lend them some silence that works for me and then you can can we can do treat and stuff thank you pretty uh yeah we need to meet the 5 foot set back so what what would that do Bill where would it be probably come in front of the the Gage the garage is uh the edge of the garage is 1.9 ft from the property line so another 3ot in uh we start to to filter and the filter pads about 2 or 3T wide so kind of being the center the center of the gar blocking the doors right or we could request Mo driveway like right in this area front of the doors or from where it is move it West towards the driveway yeah I anywhere there would be make it further away from there like go as far as you can not that P yep how far can we move it over though it looks like about 10 ft would work 10t 10t from the line so be another 5T i w speak for the board but I think farther away for the Neighbors well I I think it has to comply with the distance from the pool too that will comply with the pool we're kind of just moving it laterally to the West so instead of 5 ft would be 10 it's the same distance from the pool it's just further from the property L proper L property line I I think you were more concerned about visually seeing it Dr Le ton is that is that your concern yeah I think the hope of just having within the trees and if we we could kind of put more so is there any way that you can like enclose it to like whether you use Shrubbery or some type of vinyl box or something poly vinyl uh fencing absolutely I'm sure you can enclose it to make it more visually pleasing yeah I don't think that'll be a problem so if you could if I could just add if you would agree to a condition of sliding that over 10t maybe putting a fence along the back of it between there and and the neighbor's yard that would be sub to you so that would be a condition of approval if you're approved and would how high how high of effect just as the mechanical entally oh yeah then that's fine we could we could do plants around it make it you could put your hydranges around it thank you that's a good place for him right that's an easy that's an easy one that's easy oh just looking on the side of safety I mean that will be that's that's an electrical mechanical piece that's going to be over there do you think we need to have a sign on there um you know warning people that this is something Electric before the you know someone who might come in let them please stay away you know electrical you know unit here possible yeah want safe as possible 100% they're going to have to comply with the building codes so the city's inspection people will be inspecting the installation the pool company knows when they install they have regulations that they have to meet to the state law so all that will be covered in the construction of okay thank you very much y appreciate it if I haven't said it I have no further questions for Bill any further questions for Mr Jensen for professionals please just on the record if you could because I was a little confused about the fening it was different talk about fencing um you have a detail 4 foot high aluminum fence on your plan that's what you intend to use we intend to use four high aluminum fence in the areas of the property which need new fencing and I believe the existing um 6' High Stockade Fence which is pool comping will be utilized where where they can so the existing fence that you're going to it's going to remain it's on it's on your property correct not your's property so I I'll clear that up so all all existing fences 6 go Stockade on the applicant's property they intend to use any fencing that's not on their property they will be replacing or any new fencing with the aluminum aluminum fence that we show on the plan so along the rear and some portions on the rear and the side some of the fencing is the neighbor's fencing we'll have our own fencing okay and then uh the gate in the driveway um no concerned with that opening and Clos it's supposed to be self Clos correct and that will be so yeah as part of their final inspections they have to ensure that they're going to be full compliance of self-closing fences so pulling cars in and out you're going to if you want to go past the gate you got to get out of your car open the gate pull it close the gate behind you okay apparently that's how we do it that's how we do it so the 4 foot fence across the front of the property that's that's pool compliant at 4T Y is a pool compliant fces a 4T high and there certain GS that they have to be that they check T Construction is it only the fencing in the back that's not there is that we're talking about fixing there's some in the back corner yeah yeah nothing in the front right cuz I just looked at any further questions board Professionals for Mr Jensen anyone in the public for Mr Jensen's testimony only questions for Mr Jensen thank you Mr Jensen thank you okay do you have anything else Mr Miguel um no okay um so at this point uh we normally will open open it up to the public for comment you're on okay now since you're going testify Tru I do St your name for the give your address my name is BR iy b r i TTA a i p is in Peter r i and I live at 12:15 4th Avenue in Asbury Park and your proper east of the subject that's correct that's correct could you just speak up a little bit so we can hear you sure okay so is yours thank you uh I just want to say that Nick and John have our full support in this application I also want to say that I really appreciate the thoughtfulness of everyone on the zoning board and your questions and your consideration and uh they're great neighbors and great members of our Fourth Avenue community and we fully support their application thank you thank you thank you anyone else in the public either for or against this application seeing none I will close public comment now okay all right so it's up to the board to deliberate and then to vote anybody have any comments in regards to this particular application so I still have a concern even after all the testimony that that this is still your front yard uh and you're we you know you're still putting a pool or wanting to put a pool in your front yard even though you've got the tree cover um it's still a pool in the front yard uh which you know as you know you need a variance because it's it's against the ordinance um so I I still have a concern with um the application because of the location in the yard okay anyone else I'm going to second that even even with the willingness to move certain things around I'm struggling with the front yard placement of the pool um I'm struggling it's far enough back but yet it's still a full um a front yard placement think all in there anyone else for a comment do you have a comment so my colleagues are concerned about the fact that it's a a pool in the front yard I understand their concern because you know other people are going to to look to see how we address this particular situation um regardless we're supposed to see every application on its own mer merits no matter what it is and but on the other hand you know it's sort of like is difficult for us because this is violation of an ordinance that normally we would just say no um your property is kind of unusual in that it's essentially a front yard only but you bought the house that way Dr Le anonio and you knew that you knew that that that's the way your property was and you liked it that way so now you're telling us that you don't really like it completely that way that you need something else to make it more likable so we have to consider that uh in our deliberation and make our our own minds up about how we feel about that um personally I'm like well I'd like a pool too but my property doesn't allow that um so just as they are having difficulty in this I am as well and it's it's it's something that we have to wrestle with ourselves in in this particular application um for us to say that your hardship is the fact that you have a huge front yard and no backyard is that a hardship or is that something that you wanted that's a hard from a zoning perspective that's a hardship but I'm giving you the law you decide what you're going to do that's not that that's the no matter what the applicant wanted or didn't want with the house that's the existant topography all right I I stand correct that house no matter who owns that house that's the way it's I I stand correctly thank you okay so your hardship is your front yard um I you know I I don't know how I feel about it and I would be lying if I said that I I don't feel the same way to some degree as my colleagues um but that being said we have to make a decision so do we have a motion for this particular application I'm going to make a motion to approve the application do we have a second I'll second it now if you're going to make a motion to approve reiterate the conditions that I have that you discuss all right then um full equipment is going to be moved to a location that's at least I think it was 10 ft off the property L off the property line and it's going to be enclosed any new fencing that's proposed is going to be C compliant for feet existing fences remain any if they remove any of the fenes that belong them encroach on ne's properties they to replace them on their own correct remove the shed and there's no additional patio around the pool as well right let the records stipulate there's no there's not going to be additional okay supplemental coping or patio surrounding the pool they also said they would remove part of the existing wood deck that goes on the neighbor's property right and pull it back even with the rear of the house I knew there was one with the and and the lead on the go ahead Tim no no there was another one about maintaining the green screen so you don't see it from the street because the way I understand this application from the street you read a green front yard and then all that stuff because the property is set so far back cuz I'm struggling with this application myself but I'm like how does it affect the neighborhood how does it affect the neighbors I'm trying to contextualize this because when this application came in the mail and I'm reading it I'm like hell no but after understanding it I understand better so that was one of the say we're going to maintain yes the existing trees and adjust the storm water piping correct so trees will be retained corrected on the side L that's the other trees have to be maintained Jack did we fence Donna and jack for clarification because of the new ordinance of preserving trees should anything be taken down it has to be replaced that can be a condition the ordinance they can pay at but if you want to make a condition it has to be replaced on site should be replaced on site Jack did we get the fence the uh Jerry you you said another fence by the pool equipment correct well I mentioned to consider a fence behind the pool equipment as a right a 4ot fence I have a 4ot fence around a equipment but at least a the back yeah okay cuz they're going to need access to the yes do we get the leads as well Jack from the I guess from the thear structure the structure in yeah that's all part of his testimony he has to do that's it okay okay okay got ready for a vote you are this is a motion to approve with these conditions Dan vote Yes okay Jill yes Christopher I'll go last okay John uh no yes weting my yes thank you very much okay app we got is so I make a motion to adjourn the meeting second second all me