um welcome everyone today's Tuesday January 23rd 2024 and this is a regular meeting and the yearly reorganization of the city of Asbury Park Zoning Board of adjustment chairman avalone will you please call this meeting to order I'd be happy to first I'd like to start off with happy New Year everyone and welcome to the new year of the Zoning Board in Asbury Park this meeting is being held in compliance with the open public meetings act chapter 231 public laad 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 bulleon board and Municipal website all notices are on file with the board's secretary official action may be taken on the following matters before this board fire exits are located on the east and west sides of the council chambers as well as the back of the building I ask everyone with a cell phone to kindly mute it for the duration of this meeting and this meeting is being recorded by APV roll call please Marie Wendy Glassman here Daniel Harris here Russell Lewis Here Jill Potter here Tim slick here Vice chair John Scully here and chairman Christopher avalone here all right so the first thing we'll need to do is to do some temporary appointments first up is temporary chair I make a mo to appoint Chris avalone as temporary chair second we all second I'll make a motion and I'll make a motion to approve the temporary board attorney Jack Serpico second all in favor opposed okay and I'll make a motion for temporary board secretary Marie Rodriguez oldan second I'll second any post eyes car okay all right so first up is executive session uh I'll read the resolution into the minutes whereas the open public meetings act permits the exclusion of the public from a meeting of the board in certain circumstances and whereas the board hereby moves to close the public hearing and can vene and Clos the executive session in order to discuss staff appointments pursuant to njs 10 col 4-12 b.8 which is permitted by the provisions of the open public meetings act for the calendar year 2024 and whereas it is anticipated at this time that the above matter will be made public at the conclusion of the discussions between the board members now therefore it be resolved by the city of Asbury Park zoning Board of adjustment that it will hereby close the public portion of this meeting in order to convene in private executive session for the reasons set forth above I make a motion to adopt the resolution second um do you want me to do the full roll call or no all in favor favor now before you actually convene why don't we get Christopher to sign off on his oath he's already reappointed but this way there be no question you don't have to read to read to you so thank you everybody for another fabulous four years there's no Fan Fair if you get back in I hope you follow Trump and become a dictator just for day one just never get the give this SE up just run my thanks all right everybody let's go to Executive session I um I will now take roll call Wendy glasman here Daniel Harris here Russell Lewis Here Jill Potter here Tim slick here Vice chair John Scully here chairman avalani here all right so back in session do we need a resolution or a motion to just quick motion all right I make a motion to go back into session after the executive session second fa all right so we have nominations and appointments very up chair I nominate Chris avalone as chairman for the zoning board for 2024 a second any discussion all in favor any oppos congratulations thank you Jack and thank you everybody for your confidence in me as always all right next I make a motion for John Scully as Vice chair I'll second that was a discussion all in favor I any opposed I congratulations John thank you everyone I'll make a motion for Marie oldum or Rodriguez oldum as board secretary second any discussion all in favor I anyone opposed congratulations Mar I make a motion for Jack serpo as board attorney I'll any discussion eyes all in favor opposed thank you very much congratulations Jack I'll make a motion for CCH as board planner I SK I skipped one I'll second okay any discussion all in favor CCH is in congratulations congratulations I make a motion for the beakman attorney firm as conflict attorney second discussion none all in favor any opposed I have it let Che from CH I'll make a motion for tnm as the conflict board board planner second discussion all in favor I opposed eyes have so in this situation with the board engineer this is going to be a temporary appointment since unfortunately we're losing insight and I have to say Doug and please convey to Jason uh you have my gratitude for all the years of service to this board thank you so much I'm very unhappy losing you guys and thank you so much again absolutely and I will and the feelings be been a great experience for me and for Jason sad to go but um well I wish you guys a lot of luck in the future endeavors that you may have appreciate that thank you so I will make a motion as a temporary board engineer Insight I'll second until we can find an adequate substitution any discussion all in favor any opposed eyes have it you're in for the shortle all right so I will not make a motion for conflict board and engineer until we see what actually how this all plays out sure um I I I I don't really quite know how it is and I will make a motion as APV as our board recording Services I'll second discussion none voice vot eyes oppos that's it I'll make a motion for for the coaster the Asbury Park Press as the zoning board official newspapers for 2024 I'll second discussion those in favor I oppos you're none motion carries I make a motion to adopt the 2024 zoning board meeting schedule second discussion n those in favor I oppos schedule adop so we have three sets of minutes to approve I make a motion to approve January 10th July 11th and December 12th second are we all eligible know eligible members yeah um I have who is eligible for each so how do you do one well if they're different people you may want to a different vote for each one yeah so let's start get you to speedy speedy let's start with that January 10 the eligible members are Daniel Harris Jill Potter Chris avalone John Scully Tim slick and Wendy glasman okay I have a motion from one of I had a motion for January 10th to adop the minutes all those any discussion all those who are eligible to vote please vote affirmative or negative affirmative affirmative I negative votes it's adopted score July 11 2023 eligible members are Daniel Harris Jill Potter Chris avalone John skull and Russell Lewis I'll make a motion to adopt July 11th minutes I'll second any discussion those members vote affirmatively or negatively now minut um I would just suggest one thing on the actual minutes okay um MERS and attendance the last end of that line just remove Tim in my name oh was it appear twice okay I will fix that thank you m with those edits and amendments uh vote I I any opposed minutes as amended are adopted and I make a motion to adopt oh wait first who's eligible yeah so Jill Potter Chris avalone John Scully Daniel Harris Russell Lewis Tim slick Wendy Glassman all all so I make a motion to adopt December 12th 2023 minutes second any discussion ORS none those in favor I any have it and finally I make a motion to adopt the resolution for 1506 Grand Avenue second I have that um Christopher avalone yes Jill Potter yes Tim slick yes Russell Lewis yes John Scully yes Wendy Glassman yes Daniel Harris yes ad and finally we can get to the application so we have two ref refusals Russell and John are accused have five so we still thanks for the night off you're welcome see you guys thanks for coming Year everyone all right you guys Happy New Year take care take care John can't no okay sir testimony matter the whole truth nothing about the truth I do spell it and it's your Dennis WHL w r l thank you this is 1201 Bridge Street so Mr worldl could you give us a quick synopsis of why you're here uh what was discussed the last time and what you're asking for in variances now okay we um last spring installed a pool in our backyard on a corner lot um we are seeking variances to expand the patio to move some pool equipment to install a gas line for a barbecue and to um allow our fence to be a little non-conforming to the um it's just set in a little from where it's supposed to be um if I recall correctly it's about 18 in because of a down spout 12 yeah um I guess that would be the south west side of the house is that correct uh yes that's why I have that's why I have picture hold on one second please raise your right hands sarir testimony about the G this matter the truth whole truth and nothing about the truth please State your names for the record your affiliation with the board dou CL board engineer thank you go right ahead please so um the last time my husband and I were here um we didn't have clear enough pictures diagrams of what we were doing so we've come back um we submitted at the end of December a new set of PL of of photographs um if you'd like I can take you through kind of one by one or if you feel that well let's start let's start with each variance that you're looking for M Mr WHL and then we can we can discuss each variance and how we're going to approach it okay so so the first variant is for the setback to move pool equipment into the setback and how close are you moving it into the setback so R it's about 2 ft 2 and 1/2 ft into the setback and right now it's in the correct location is that correct is in the correct location would you like me to go to that cage sure because I think it's stuff I was I don't know what that is but yeah it's all that are you going to P5 P5 okay great those already submitted uh yes subed well do you need to I think you should Mark them any way down all so let's make this whole group of photographs uh exhibit A3 I think we can you mark them Mar as A3 I'll put all right so right now the equipment is in the I'm going to say the upper right hand corner is that correct there yes that is the pool equipment yep the if you can see this uh Red Dot here um it's basically at the edge of the large air conditioning unit that's the mark for for the 5ot setback so that's so if I drew a line down it that's okay and then what what what pieces are you looking to move so we are looking to move this piece into this corner over here so that'll be the one that's going the most into the set back what piece is that that is the air conditioning unit for the third floor okay so that has nothing to do with the pool equipment correct it had well by moving that it allows us to move the rest of the pool equipment the pool equipment so your air conditioning condensor is in the way of where your pool equipment yes would like to be is that correct correct I see and by moving the air conditioner condenser which is a fairly loud piece of equipment right um it was installed 2 years ago it's not allow at all I I have a question M right next to the condenser there is that um yeah yeah where you're don't go up to the left of that where you want to put that thing is that paved right now or are you going to pave that for concrete or what uh it is not paved right now we were not planning on here okay good good cuz just to cons because you have a lot going on in this part of the yard yes so that's behind that's behind the other condenser yeah he see this Square wants to move that to here to take up that space and then just cuz there's a lot going on Corner my my concern the third quite honestly is you know drainage you've got that structure there my concern is for that tree because there's a lot going on in that area sure you they done for that pool did more damage to that tree this oh I know but you know there's you know they want to PVE over and you know well all that stuff that's all if we're we're not adding any Paving to that area and if the board would like if we can take out some of this concrete around the tree that wouldn't be that wouldn't be a problem so I have a question okay instead of moving the AC condenser can you slide the other equipment behind it like in front of the condenser or like can it be configured a different way without moving so our goal um there are two levels to the backyard patio this is a step so this is the lower level which lines up with the entrance gate so as you walk in you are seeing all this piping it also create it makes it difficult to walk from here over to the chairs so our our our goal is to move this piping back right so can it be configured differently without having to move the third floor AC condenser we could probably configure it differently but things like this gas um the heater could go there um we're concerned about moving the heater too close to the tree having the hot exhaust against it um can I just be reminded of it's because these because none of these pictures are really good for me to understand what is just on the other side of that tree so on that's your neighbor's proper P1 the overview this is our neighbor's driveway our neighbor's garage is right here here's the patio so the pool equipment is right here so on the other side of the fence is our neighbor's driveway so the air conditioning condensers have to be 5 ft set back from the property line you understand that Mr Ro right so you're asking to move that one air conditioner condenser practically right into right on top of the property line practically right it well the corner of our house is still 2 feet from the property line so there is still 2T plus there the width of their driveway but again is there a way to reconfigure all this piping on the on the concrete pad that's already there if if I have permission to move equipment all the way over here I'm sure I'm sure I can work with my plumber to do that this just seemed the most logical straightforward way of doing it if if there is a a particular my my only concern is once we give that type of variance it goes for life with the property right and it regardless of what happens with your neighbor whether they approve it or not that thing is there forever right and if they move in a year the next neighbor might not like the noise there's no noise if I may interrupt wait no you can't but I'm just explaining my concern and that's why I'm thinking what else could we do to move some other equipment to neaten it up so that you get what you want as well so I just want to add to that is that it seems that there is this intense concentration of the equipment right against the neighbor property and I understand that it's unsightly to you to have it spread out or moved to any place else but the burden of of of that noise and whatever else happens is really you know on the neighbor's property Edge does that fence is that fence on the other side of the tree too can't see the picture um so the fence turns into L to just wrap around and then there is another solid piece of fence that's like the 4 foot and now there's no noise barrier if it's chain link the the chain link literally just wraps around the tree is there another pan solid pan can't see I can't see how that theay one this I see this yeah you got fence here fence here ch yeah here I feel like it's enough of an opening to just um I'm sorry there isn't a clearer picture of that panel but there is a panel there um and my neighbor I'm sure would be happy to testify that there's panel there yeah okay I think everyone's concerned about putting that other condenser right up right up against the fence Mr whirl I I understand but the last time we were here there was this concern and the ask was bring your neighbor if your neighbor is is okay with it my neighbor plans to live in that house for say you can't say that well if you would like to so we never we never made any promises right and now when we for me I have a much clearer view of what's Happening Here and the same concerns that were from November 14th and I went back and I watched that meeting before showing up here just to refresh myself um my same concerns are moving that equipment that close to that panel which is why I'm trying to ask you is there a way to reconfigure some of the other stuff without having to move the condenser um I think that I could try like I'm trying to put as little equipment into the setback as possible which is why the we were moving this smaller piece there and pushing everything else straight back if your if if I can move these two bigger pieces of equipment into the setback here then I'm sure I can re I can configure it like that and what is that that cylinder type this is the the filter and this is the um heater can I can I ask you Mr world what is the main reason of you wanting to move all your equipment around because this row of piping is quite unsightly and it makes it very it makes it difficult to so you're telling me there's no way for you to camouflage it so if if you're looking here this kind of it makes it very difficult there's not a a nice amount of space if I were to put a big planter in front it makes it even tougher to walk from there to there that's so for the the only other option I could I could see because I know when we installed it all the piping comes basically uh on the on this side of our basement door is I could move the condenser over here near our our our uh fire place chimney and it would be very much in view from fourth AB so basically this is for cosmetic reasons yes will cosmetic and to be able to navigate to be able to walk conveniently to this side of the Pao did anybody think of this when they were planning the design of the unfortunately our designer didn't take any of the setbacks into account because if they had we would have planned differently by the time by the time we had already ordered a pool the initial design had things differently had the pool differently so we are trying to kind of Band-Aid this situation have you spoken to any landscape or design people to help you maybe reconfigure this all this equipment without infiltrating the setbacks or good point or the pool company yeah when they were putting it in when they were dropping the equipment I was like this is unaccept it can't go there and because of the setbacks their response was that's the only place it can it can go um again the the setback is is here so there's no so there's a couple pieces of equipment already overstepping um essentially well there's various pipes that seem to extend into the setback right yeah and what's the rectangle square thing no come forward yes that it's an electrical panel got it um with all the controls oh I see the wires now I'm sorry on sheet five there's a little pink a little p that's the 5 foot Mark that's what they marked out as the 5 foot Mark got a lot going on in that little spot I definitely do know there's a lot going on in this little spot no matter what you do it's still going to be a lot going on in that little spot that's what I'm looking at I mean you're saying okay we want to take what's here which we shouldn't have put there in the first place and now we want to correct it but it's still going to be a lot going on over there and you're saying that it's not going to bother your neighbor at least from The Sound standpoint okay and the functionality of the equipment will stay the same yes if we move it the functionality of the equipment will will stay the same and this I don't believe the sound I can't hear the equipment now when the fan goes on you can't hear it no it's all like very expensive new new equipment um do you have a fire extinguisher back there pardon do you have a five extinguisher back there fire fire extinguish no I don't but if I need one I can easily put one in I don't know the legality of it I just like to see one there you know but you know it's just a lot going on that's what's bothering me personally I don't know if you could you you don't have any space to expand it that's the only place you could put it correct it it is the only place that we can put that equipment so the coming to the West Side the white pumps coming out the white pipes coming out of the ground are those the intake out take like the the pool water coming in it gets filtered and heated and then goes back out so though that piping cannot be moved it can be move we can at Great expense which we're totally willing to do we can dig it up and move it this way um I don't know was it put that way because of the cement pad that's already there Mr worldl why is it extending so why are those pipes extending so far it just looks like a very poor design to me can it be buried the the pipes are buried to the pool they need to come out to connect to but it was done that way because of the cement pad correct um no they were done because here is I don't know if it's the intake or outtake but it goes to this initial filter but I I sorry I don't know exactly pressure filter and then it goes to this filter there's no you know what I'm trying to say is can it be condensed to a smaller not in this not in this footprint not in the setback if if anything gets moved we need to we need to move towards the fs Doug do you have anything to add in terms of from an engineering perspective does i i i to me it just seems like the piping is is just extending so far and why seems was that was that concrete pad put in at the same time as the pool equipment no the concrete pad has been there so they did it that way because of the concrete pad I would suspect no because there's did you even ask those questions Mr W yes I I I had many arguments with the pool people about trying to get everything as condensed as possible it just looks overwhelmingly like spread out in a huge area like it somehow it could be condensed to much smaller pieces of pipe and and it's just an opinion I I understand and respect your opinion I would like it to be as condensed as possible and when we if we are allowed to rip it up and redo it it will be as small as possible but the footprint of the equipment is the footprint of the equipment um just to to add on to what you're saying typically when we look at pool equipment pads um as Engineers we always think of them because they add impervious coverage right so we think of how big they are without a heater a typical po Clum pad is like 3 foot by 6 foot when you add the heater I think most times from what I've my experience 4ot by 8ot is typical so wow I don't know it's hard to tell dimensions of what's going on does it seem excessively long to you though Doug like the piping and the whole configuration he's got his own codes that he needs to follow in terms of piping and everything like that I don't in I'm not intimately familiar with the pling code but right um I see what you're saying it it does look like it's it's occupying I mean I've seen many pulled and I've never seen such a an excessive amount of vinyl piping above ground it seems incredibly obsessive to me and I'm not commenting on I'm just saying for some reason I've never seen it look like this before and I I believe me I've been in many pools I I think one of the unfortunate issues is we have quite a small backyard and we're trying to maximize the space whereas if we had a larger backyard the it wouldn't seem that that way but you know I don't think that has anything to do with it Mr let me ask you something the the new H HVAC condenser can you swing that to face the other direction I could rotate it this way and then we slide everything I when we do that we're not going to get these pipes back here unless you take up the cement I have yeah I have I will take up the pad but still if this gets rotated yeah the depth of this which is I believe about 24 in isn't going to be enough to to we're not going to gain enough space to move these back here right but could it come in line with maybe that first step yes I'd like it to come in line with with the Second Step um you know I or the bottom I should say the bottom step right if we if we rotate the condenser and then you might come in line with that from the patio to the first step which would lessen the visual obscenity when you walk in your side gate I don't understand tell me to she it turned it horizontal turn the condenser horizontal this way right over and then and then you just slide every then smush all this stuff and then you rip that concrete to give yourself more room to push things back there are clearances for this so I can do that but I can't put it up against look like it's only about a foot or so clearance from your patio whatever you want to call it looks so you have no the the back end of the aack for reference these are 20 by 40 move could which will give him enough room to get over here you know yeah right can they shorten any of this I'm I'm willing I'm willing to look at it my concern is that once we start digging up and moving things and disconnecting things if there's not enough space then where do we you know where where are we if you can give Grant permission that that is what we'll we'll try to do but if it doesn't work then we're able to move something go like that what will have to happen is you have to come back with specific plans with Dimensions so that it will work you'll know you have to have somebody scale that to say okay how much is the distance you're going to pick up at sideways what we missing you're going to have to come back with hard numbers cuz nobody's going to want to make you dig it out and then find out Mr what what we're missing is somebody professional please don't take this the wrong way but you're not an engineer you're not the pool guy you're a resident who wants to do something because it cosmetically just doesn't go with your view so if you had like somebody to help us like discuss these engineering aspects with um it would be easier for us to say well why can't you do this with this right you're you're giving us reasons why you can't do something you're not coming up with solutions for us so if we had somebody else in a professional capacity to speak with it would help us to just have these discussions right um sure I I just I and just so I think I can speak for a couple of us here because this is an aesthetic reason it's cosmetic it's not needed we're we're kind of pressing you for more details not more just details because it's not something that's actually needed you want to do it because it'll look possibly nicer and yeah I totally under understandable um I I will say I'm a little frustrated um I think if some of these points were raised two months ago um we did raise them though but the only concern that detail we couldn't see what you wanted to do Mr world the the pictures you provided us gave us no clue I and and unfortunately while we have a better view now we can only go on what we're looking at in a picture we can't discuss this architecturally with somebody we can't discuss this engineering with someone we can only ask you questions that you can't answer okay is the is the full contractor still involved the P of V yeah I I can I'm if if and is either the one that did the original yes L out and that would be a good person to be able to ask sure you got to you got to give the board numbers they've got to be able to scale this thing that says okay if you turn this c yeah you got to have a design and schematic so that they can actually see the hard distances how much space in fact will you pick up if you can turn that sideways if you can shorten those pipes if you can move it back so much they're going to need to know the number so that it'll help it'll help them to figure it out and it'll help you that they just don't give you go ahead try and and if it doesn't work uh you've gone through all this money we're stuck we don't want that either we don't we want to put your up against the wall type of thing all right can we um move on to the other items because it is possible that my husband and I couldn't decide that we wouldn't want to pursue this okay I get what you know but we can't give you an approval for your application unless you've decided to abandon certain variances Mr War you can't you would still have to come back to us and make those uh those comments to us that you no longer want to move the equipment okay are you willing to say that you will no longer move the equipment now not not at this point but I would appreciate being able to discuss the other variances which are completely unrelated to that because then it makes it very easy for me to we can have a conversation and know a whether or not we want to do that or B if you need more detail about other parts of the variance application so I can I can tell you right now D install your 5ft fence on the Southwest 12 in Beyond the Edge I'm okay with that as well as I I don't have an issue we don't have an issue with your fence I can let well you're good with that okay so I can tell you that's not going to be an issue for me now that I have that photo and I understand I'm okay I for me I'm speaking I'm okay with it okay and C for myself running your gas line while I think the barbecue is far away from your house you know what if that's what you want to do I'm I'm okay with the gas line um you said c is um your number c on your the run on your on our on our sheet on our applications yeah it's the running the gas line for the barbecue 13 ft from the house so you go yeah so I'm okay with running the gas line as long long as our professionals don't see a reason why it can't be done um I I don't think you're going to get a problem with the gas line this door now where's the grill going to set by the fence right is the grill going to be where where it is is going to be where it is now and can you just point out where the gas Line's going to be coming from so the gas the gas meter is here okay um there is a t valve outside where the gas line runs to the to the here there would be another T and it would just run okay so so you've got this area all highlighted in pink right are you saying you're going to put all those tiles in that pink area so that was the other part of our application is we would like permission to extend the into the setback here because right now these chairs are quite close to the edge of the pool uhuh um and then we would like to also so essentially you you want to concrete your whole backyard we would like to pave it and if you look at the overview because when you look at just the the picture of the backyard it looks like we've gotten rid of all the grass on our property and and that's actually not the case we have a very green property but it's not so much getting rid of the grass as it is where does the water go that falls from the sky that comes from your leaders so instead of going into the grass or the ground that's currently surrounding your pool now with it with pavers where does that water get diverted to is it the neighbor to the west is it like it's not going back into the ground to our water table so where's it it going so the coverage is under the maximum for the lot with that addition of cers the house gutters flow to a pop-up drain outside of the fence so the majority of the house isn't there we submitted as requested an updated um topographical drawing that extends 10t into the neighbor's property I don't know who was here whether it Wason but one of those guys asked for that topography report and so I understand there's the roof leaders on the back of the house come out to pop up um it looks like you know the pool and the patio area half of it half of it is pitched to drain out towards the street which um you know as he mentioned it is compliant coverage that's you know that's where we want it to go the issue is what's it doing to the neighboring property be North and you know it's hard you know based on what I'm seeing on the plan it would be very hard to construct it looks like they're trying to propose like a small sale between the edge of the patio and the fence which would be next to possible to construct but there are things we can do um to help capture that water such as installing a channel drain along the perimeter of the patio to capture that water like along this along the northern the northern patio that that you share with your neighbor the the other way yep that that small pink area yes correct so cuz you don't want your water running towards their garage or their driveway yeah if we need if there's drainage that we need to add to do that we're amenable to do it so as long as your coverage is below the the minimum right I I I don't really have an issue as long as we we we can come up with a way that the water is going to be not infiltrating your neighbor's yards similarly the way the roof leaders go to a popup if you put a channel drain a long and I think you're using Jensen yeah uh if you put a channel drain along the patio that could drain also to either a pop up or some sort of overflow Inlet um out near the F and are you only concerned about the north side with Lisa and Nancy is there any concern about this so side on that side there's more room there's about 6 feet so to me you're not planning to pave that area as well are you can build a sale to and and his grading is showing us whale being installed there so if it's done right um that can that can work so you would have to work with our board engineer Mr WHL and as long as you can meet the requirements for whatever you know they suggest in terms of preventing water infiltration into your neighbor's yards then we're we're okay with your oh just to clarify Donna it does mean it doesn't it doesn't exceed coverage right he's from what you're seeing in this he's still okay okay awesome so are we good then so we will come back with our pool guy we will come back with measured drawings of how the pool equipment can be reconfigured um and and keep in mind Mr world you want to minimize as much as possible moving into the setbacks that are required I understand that and I and I appreciate your desire to do that um and I'm happy to have them draw that out but I don't believe being a I'm a graphic designer I measure like I I literally like I've measured this out and so while we could get an inch or two we're we're not like without going into the setback we're not really I don't believe that we're going to get gain much space but I'm more than happy to come back with a couple of different options that we can discuss you have to understand I'm going to give you the laws okay that doesn't you have to to prove your case for this variance and it's usually recognized that the C it has to be some compelling reason based on the shape size Topography of the property not the subjective feelings of the property owner that are the basis for the grant of the variance so you have to come back prepared to give the board criteria that meets the law it isn't just a matter of you've done your best to minimize it this is what I want they'll say yes that's not it that's not the criteria the criteria is you've got to prove to them there's some Nexus as to why you're doing this beyond your subjective desire to do it okay and yeah that I mean that's the law I mean we have no choice we have to apply the law it isn't a matter of uh whether the board likes it or not aesthetically that's not the issue that's that's that's a consideration but that's not the dispositive consideration so they you you have to give the board criteria that they can apply the ordinance and the law to varant to VAR deviate from that ordinance so that's that's your task so you got to come up with some kind of if you're a graphic designer you can work with numbers you know how to do things I'm sure you're very talented you're going to have to figure out how to make this thing fit as best you can the Minimus variance a certain percentage God bless you something small the board it's a lot easier for a board to say yes but if you're going wholesale into sidey yard setbacks and it's basically because it's a it's a subjective thing or an aesthetic thing that's not the criteria okay we don't Grant variances on people wants and desires that that's why I was saying you need the technical data to support your case that's I do want to clarify one thing that um The Patio expansion does conform for the coverage but it does go the side that's a does enro yeah I'm not a fan of it quite honestly I don't know if you need more conversation about you know getting consensus on whether it is encroaching again into the setback we we understand that yeah by how much the whole this whole thing is is in yeah well so against the fence and the fence yeah and how close is neighbor fence not the Fourth Avenue fence do we have anything saying how close that Grill can be to the fence what the p no the grill the grill itself oh I I don't know that yeah you have to ask not that's not a zoning thing it's not because I do not want to set my new fence on fire it is it is about 2 ft away from the F it's close God don't it's close that that's my concern you might melt that vinyl being average average person who grills you know and the other thing I would love to see was just a simple fire extinguisher over there by that Grill I'm happy to put fire extinguishers in my backyard that's not that's not an issue to Don's point the last variance it sounds like is that encroachment into the sidey yard setback of the pat papers on both sides so whether or not you're comfortable with that you gotta let's lay it let's get it out find out where we stand to be honest Mr world just because your your your Chase lounges don't fit as well as you would like on your patio is not really a great reason for us to say you can extend it again it it's it's not a necessity or or something that you know we you generally agree to even though you are under the minimum coverage rate just because your your shes are just a little too close to the edge of the pool is not a great reason um and as for the other side you don't have to make that whole space and intrude into the setback I mean and you can put your sases on that side right without we're going to we'll be putting our dining room table on this side so here's the here's the problem you can put it a different way and I think that's what is frustrating to hear is that you made some choices about how you wanted to live in your backyard but it's a it's a small yard and maybe it was overbuilt and you're asking us to approve these variances so you can so you don't have to make changes to the sort of the mistakes the design mistakes that were made I I totally understand if and I told both my my pool the pool contractor and the landscape contractor if we had been clear on these things when we were designing we would have before we did anything we would have come before the board so you're using ignorance of your property like that's we would have we would have done it that way unfortunately we we had we had a pool on order the paperwork went in things and so we're now trying to to fix it how does that relate to the sidey yard encroachment of this proposed situation it's like it's compounding just it it's compounding the the problem with a lack of understanding to say well you wanted a now you want a dining room table to fit over there and it's like okay what other Furniture would you like to move in we don't know what to do with this so I what do we you do with all these I you know design bugs that you have I I'm I believe I could put PE gravel down and put my D like I I'm just I'm trying to get the vision that we want I if if that's not possible then it's it's not possible and we'll do we'll do something else what um yeah if if you're I I it in my mind doesn't seem unreasonable but if it seems unreasonable to the board then um then yeah well we we'll enjoy our backyard in another way I I just um it's it's you're you're coming after the fact to us Mr whirl you you understand and you're saying I do understand and you you're not giving us concrete reasons other than it's what you want right and and we don't Grant variances based on the fact that you want a table there right we need to understand is there a necessity for a table there the in necessity for the encroachment with the p what you do with the space is up to you you have to justify why the boards deviate from the setback requirement to allow you to put the papers there from a zoning perspective not not pable or a design perspective it has to be based on zoning criteria because you're asking them to variant deviate from the variant that the zoning okay yeah I mean that's that's way it has to work that way so never turns out to be subjective it has to be based on a rational reason from his own perspective as to why the board of Grant variances and if you had an attorney Mr WHL and this is not just a comment he would have helped explain some of these things to you at so that when you approached the board you you had all the ammunition you needed to talk to us I guess actually just going to say by from our personal experience when we did the addition on the house it was a very straightforward process um well to that point it was because you were probably Guided by your engineer your architect and the attorney who all made it very simple for us cuz I sat and I and I did too I I I was one of the ones that approved your addition and it was one of the easiest ones I think we had all that year and now it seems so easy for you because they took care of everything to make sure it conformed yeah we had we we had like five variances on that project but um yeah we'll we'll we my husband and I will regroup we will um speak to an attorney and figure out if uh how you want to move forward so on that note perhaps uh we'll move on to a different date for Mr WHL and Mr Gaylord to come back I know do you want to hear testimony from the neighbor so she doesn't have to come back or do you want to wait till the whole thing is presented well we don't know what he's going to end up doing with the equipment right so and how much the encroachment on the side so it may not be well I mean we can hear her comment um I I assume she's going to tell us that she doesn't have any problem with the noise well we'll have to have to hear what she has to say okay just that I no no no no you got there's process come on up come on up right there I'll help you through it don't worry good please raise your right hand you do Solly swear or affirm the testimony you're about to give this matter with the truth the whole truth and nothing but the truth I do okay please state your name for the record spell it and give us your address U my legal name is an a Ann okay c c um middle initial C cter C o t t e r and where do you reside uh 1203 Bridge Street in Asbury Park so it's fair to say that you're on that other side of that fence there completely fair to say Okay so this way we get some reference why don't you unless you know the questions they ask or you want me to help here go right ahead okay uh you've heard the testimony this evening and the representations of what he's trying to do okay yes from our perspective we have to also consider the privacy and the effect on the neighbors of course so what is your feeling about the relocation of the pool equipment closer to your property um I I don't think it will make any difference at all uh to us um and I'll tell you why Wonder number one I've never heard the pool equipment um we spend a fair amount of time in our backyard I Garden back there and it is next to the driveway um but you know I um refinish some furniture and do some of my potting over there and um I mean I hear um you know when they have guests over I can hear people talking and and water splashing but I I can't say that I've ever actually heard um any equipment board to ask question I have no questions okay okay and uh do you have any you are you in favor of the pro for or against the application so would go avoid the public hearing portion I'm for it sure okay all right all right we appreciate your testimony any questions you want to ask Mr wall that I didn't ask um no okay great and the fence you were talking about the fence so we um there you know it's it's two um was it 5 feet MH yeah it's about as tall as me um and there's a little bit of a because there's a tree there there's some chain um chain link but um it doesn't it completes on the other side of the tree though CH is not visible to you it's on the inside wrapping around the tree is that correct um no I can see it okay yeah a little bit but on the either side of the tree as the poles but the link is on our side of the property I just want to verify that that's okay whose tree is it your tree um we treat it as it is our treat that we share it um when we when we've had um it pruned or trimmed we've always split the costs um because it's right on the property line though right well the little there's a little strip of dirt between our house and their driveway which is technically our property which is which is why like there's another two feet of the setback on the opposite side but we don't we don't view it as our our property really because it's connected to their so they garden and plant and and tend that um so we just we view the tree as ours because it's yeah it's shading both of our properties okay thank you thank you very much I finished yes yes I mean I would ask for questions from the public but we have no public and they may have more of the next meeting we might wait so we need now Mr WHL an agreement for an date for you guys to come back um our next meeting is probably already full is I correct Marie we would be looking at is we have availability in March Yeah March 12th or March 26 or April it's open but um um March 266 March 26 M is that okay all right that'll give you enough time to consult with some professionals to need you to wave there's a statutory or situation that says can be waved boards have a certain amount of time to act on an application once it's pended okay if you say no to this question you're going to make them vote want to make them not your best interest so the answer is I need you to say that you'll extend the time within which the board can act until that me I agree thank you very yeah it serves your best interest as well as so I'll make a motion to carry 121 Bridge Street to March 26th you said 2024 without further notice I'll second so members that are eligible because I'm going by from previous or is there anybody here tonight that's not eligible Tim had to watch yeah but C certification so everybody's eligible is now so then we can just do a voice all in favor I any opposed eyes hav journ till uh march24 thank you Mr thank you and I make a motion to adjourn the meeting second all favor thank you everybody for kick off to the new 2024 zoning board Year yes inde