notice of this meeting of zard adjustment was by email to the off [Music] newspap here Mr here Mr O'Neal here here good evening everyone welcome to the January 2024 meeting of Theon Board of adjustment flag of the United States of America to the stands Nation godice swearing in of some members okay April who's in this morning um Chuck bar and Mark okay uh if you all could stand up and raise your right hand and I'll say state your name and we'll start with Chuck and then after that we can all repeat at the same time so I state your name you solemnly swear that I will support support the Constitution of the United States of the United States and the Constitution and theti from the state of New Jersey the state of New Jersey and that I will bear I will bear true Faith true faith and Allegiance and ALG to the same to the same and to the governments and to the government established established in the united states in the United State and in this state and in this state under the authority of the people under the authority of the people and that I will and that I will Faithfully faithfully impartially and justly justly perform all the duties perform all du of a member of of the Belmar zoning Board of adjustment of the Zoning Board of adjustment according to the best of my ability to of ability so help me guide okay we'll open up for nominations um we'll start with nomination for chair of the board make a motion nominations chair in favor thank you and nominations for vice chair nomy oh thank you thank you CH any other nominations for vice chair all in favor anyone thank you all appreciate okay uh we've got some board visits to take care of before we do the applications we'll start with the approval of the minutes I'll make a motion to approve December 28 minutes second second yes yes okay the next item would be uh the resolution uh which I have read that would be uh reappointing uh Kevin Kennedy as the attorney representing this board I'll make that on second with pleas El yes Mr Mr yes Mr yes mrben yes Mr Mr yes okay Mr chairman I wanted to thank you I've been very fortunate to be this uh attorney for this board for a number of years I very much appreciate it I'm still very excited by the appointment I appreciate it and I look forward to working with you over the next year thank you Mr Kennedy you've done a fine job representing us keeping us out of trouble for the most part okay um with that uh the next resolution is appointing uh April claudo as our board secretary for 2024 motion to approve motion I'll second Mr yes okay from here I'll let you pick up Mr resolutions sure the first one is on uh Silva 703 13th Avenue and that was an approval to construct an addition to an existing two family home and the conditions of note the resolution was distributed and conditions of note were um remember this was we had first hearing a lot of board concerns and uh we expressed those concerns and they came back and and eliminated a lot of those concerns but basically uh confirmation that the shared common driveway shall be perpetually eliminated confirmation that that the assistant Shar in common driveway even shall be officially vacated in the office of the of the county clerk and um let's see uh the inclusion of that the applicant or any successor owner shall perpetually replace and replant the Landscaping at the site it's going to be a single driveway uh the site shall have four off street parking spaces as depicted on those approved uh modified plans and then I just wanted to we said uh we gave them a variance for a driveway setback but we said uh as my notes reflected and you need confirm confirmation that if possible the applicant shall provide a compliant driveway setb back I think that was what we we had and then additional Green Space and Landscaping being added to the site and no further expansion or intensification of the use abs and further formal approval of the board and we also had uh the inclusion of a note confirming that the existing concrete block wall uh shall be removed unless the zoning officer determines otherwise I think that was part of it and they officially vacate that shared driveway and they submit proof of that that it gets recorded and um our standard standard documents standard conditions if that's acceptable thank you Mr Ken um I'd like to make a motion to approve the 73 application second yeah that that that was the enti that was in November let's see uh I think the first one was July June 22nd yes okay next one was the approval of the application of Hemsworth and that was 2088 Avenue and that was Demolition of the existing single countru construction of a new sing site and there were um conditions uh the air conditioning condenser shall be located in a Zone compliant location and and the generator uh additional Landscaping no utilities in the garage except electrical service and a hose bit are permitted uh no parking in the municipal RightWay after the formal approval from the bur of Belmar um perpetually replacing and maintaining land um the existing curb cut on the 8 Avenue shall be eliminated and then a new curb cut shall be installed on Schneider Avenue and installed and maintained in accordance with the bur design standards the garage not to be utilized as living space uh see um the applicant shall comply with the bur's prevailing seller definition and requirements to be verified by our friend Ted and confirmation that the buing coverage shall not exceeded 46.2% as opposed to 44.2% I think there is a inconsistency there uh the applicant has to comply with the Burrow's half story ordinance as verified by our zoning officer and it's a two and a half story structure not a three story structure they have a compliant floor area ratio uh the seller is not to utilized as habitable space the existing 26t shed and in 77t sheds to be removed uh the concrete patio in the rear to be removed the roof pitch and the dmer pitch calculations to be verified by Ted uh we've got um dco doors shall be relocated to the rear of the home and the steps shall be removed from the ground level deck so that it's located at bra and we have the applicant professional uh engineer signing a to sign a certification confirming that the house that's been construct that will be constructed is in accordance with the testimony in accordance with the approv plans and in accordance with the uh terms of the resolution and good faith attempt to have the uh utilities placed underground and I just for the record I did shoot this to Mike Canon that was the applicant engineer and surveyor and he said everything looks good I had just incl one uh variance that I don't think is necessary I had included that they needed the variance for the second floor deck because it was over um uh do not allow a deck to be placed over a front porch and I also said that um they were doing that on the top floor as well and he said that's not the case so it's okay we just eliminate that that variance wasn't one of those sheds going to be relocated both of them REM everything removed removed is that you yes also on this application if I'm recalling it correctly Ted wasn't here to help us clarify but the applicant was stating that there's some sort of difference between referring to something as a seller versus referring to as a Bas you educate us on on why that terminology matters well the of the basement is out of the ground more than 50% of it is out of the ground it's considered a basement if it's in the ground more than 50% is in the ground speciic itself so if I have a 6 head height and ground level well the cubic contact is more than 50% out of the ground and and and what does it matter I'm just curious well then it becomes a story uh when it exceeds more than 50% out of gr and that's a basement definition right even though it's mostly above ground it count well if it's most mostly above ground it's considered store no no if it's more than 50% in the ground it's a sell and 50% out so um I don't Rec call this application I think they refering to I'm not Mist yes okay all right and and and I think we had um one of the conditions was Ted confirm that that it is a Celler right and did okay great ready to vote modifi I'll make the motion to approve I'll second Mr yes Mr Mr yes yes Mr Mr yes is modifi one tomorrow April the next Mr chairman was maton uh 512 6th Avenue and that was a request to construct several improvements to an existing single family dwelling uh the resolution's been submitted and the conditions of note were uh basically uh confirmation that they perpetually maintain the landscaping and uh storm water management not drain or flow onto adjacent properties and that we encourage them for the on the record discussion to formally review the existing Foundation details with their professional Representatives so as to confirm that the existing Foundation can accommodate the load capacity of their addition I think that was of the under standard conditions someone like to make a motion to approve I'll make that motion second yes Mr chairman the last was the Belmar VF reality and all we're doing is dismissing this without prejudice you'll recall that this came to us on May 25th 2023 and I think there was some issues and they said let us come back and basically April and I spoke with the applicant attorney Bill shers yesterday and he said yes dismiss it so this is a resolution dismissing it without prejudice which just allows April to close her files return in the escrow and move on it's just as you recall if you have an application hanging out too long under certain circumstances there's a potential for an automatic approval which is the worst thing in the world for us and uh so this just dismisses it ends the okay I'll make that motion to approve that resolution second Mr Ross yes yes yes Mr Kennedy before we move on to the yearend report I just have a question um are we going to need an executive session at the end of this evening we we we can go in that I just want to set expectations for theard not too long yeah we don't expect it to be more than more than 10 minutes 15 minutes at the top more than likely but I want to let make relative to some pressing matters and litigation that Mr wants to update us on so we won't be done final modification and with that the year end report on April I just needed to know if you have anything you want to add to it before I send it to the council um there was something I was contemplating and I'm not really sure if it really requires Council action or board action but when we when we heard um the application for the cell tower at mon luks um one thing that came up was if let's say Verizon were to sign an agreement for 10 years to have cell tower there and then the owner of the building decided to board it up because he's making enough Revenue off the cell tower that he doesn't doesn't make sense to run the bus um I i' implore the council to pass some sort of um ordinance that would prohibit that type of use another example I would give is and we all know this that the mayair hotel is currently making a lot of money on the on the cell towers that they're leasing out and if the hotel wear shut down and get boed up I'm not sure whether the town has any recourse um to try to revoke or condam or Force you know contined business usage so I would ask that the council consider doing something in not regard proactively prior to any cases of litigation coming up to ensure that something like that would not be allowed to C especially on oce I mean it shouldn't be it shouldn't apply to anywhere but especially on Ocean Avenue excuse me it should be anywhere right well I probably no reason to qualify it but so we can definitely add if if that's acceptable we can add this uh expressing that the burrow look into the uh regulating some type of that if there is a cell to power operating that say it's got to be some type of active maintained site if it's on a commercial property um that that that the cell tower couldn't remain if the business were to um and then the definition of what constitutes and ongoing business would also probably have to be defined because if they're open one day a year on a bacon property I me they might meet the letter of the law so you know I would believe other towns have ordinances to this extent that we might be able to emulate but um unless someone on the board objects I think that kind of input coming from us would maybe take care of potential issues we might have to De goodidea this but I did take a note um last year I think we did were two or three on our recommendations that we put before council with regard to the uh we looking at use for the garages and parking clarifications but there was one thing that we had on a couple years I don't have the specifics as the why that at the time made a lot of sense was maybe like some reing of the definition think the half story there was some discussion on the ders and I forget how what the what we were trying to articulate on the last two times we put that forth but I'm curious as to if it ever generates conversation because at the time I remember it made sense when we put forth I don't know no it had to do with definition of half story yeah and like way forget volume way I can I have well theory definition doesn't talk about d That's a separate definition you can just disregard it I guess for now but I remember I I wrote it down somewhere and I thought it made good sense was the2 you Canard it I do recall truck to that talking about I think we had an application that trying to say a half story flat and problem third FL you can't have a flat roof right because it defines the roof pitch at 712 which means you can't have a flat roof if I I I don't Chuck I wouldn't swear that terminat you're talking about but I do recall us having some some problems around the roof style and I can look at my notes at in the office and we can always even if it's a stand on item we can at the next meeting if we want authoriz wouldn't be part of year in report it would be it would be an ad hoc that we report back to the council so that'd be great if we could do that okay is there anything April relative to the year report else that we might need to talk about I think so okay great so with that I think we're ready for the first application thanks for sorry one more announcement sure um there was an application I don't have on the agenda um that was noticed for this meeting it was for Andrew said 246th Avenue it's actually 2081 16th Avenue so we just need a motion to carry that to the March 28th meeting and they are going to re notice I'll make that motion second and just for the record the applicant attorney did consent to extend the time frame within which the board has to act in all right so with that slate we're ready for the first applicant which is Edward and Diane Fox all right Mr uh chairman as the applicant uh Team come forward we're going to do a couple of things procedurally is there anyone here who had any questions or comments concerns regarding the sufficiency of the notice they received okay the board secretary and I reviewed the notice and found everything to be in order so it' be my opinion we have jurisdiction to proceed tonight and what we'll do is we'll swear in Ted bian our zoning officer and construction official Ted you that the information and testimony you're about to provide to the extension provid will be the truth the best knowledge to help you guys thank you and then we will just Mark into the record what we as a board have uh before us so we will Mark in A1 is the development application uh and it's amended and it's dated December of 2023 A2 will be the minor land use zoning permit and that is September 20th 2022 September 21st 2022 A3 is a survey and that is prepared by Morgan engineering and that is dated May 29th 2019 and A4 floor plans and elevations prepared by Mary Hearn and that is dated November 20th 2023 consisting of five pages I think that's it right all right and this is Jeff beakman he's the applicant attorney good evening and welcome good evening memb of the board congratulations on your appointments Jeffrey beakman the beakman law firm in Ocean gr New Jersey I represent the applicant Edward Fox who sitting to my left me and Diane Fox who sitting behind Mr Fox and we also will have this this evening Mary Hearn our architect will be testifying um on beh the application on the plans um in short this is an application of a property that has 8,000 square feet there are two single family dwellings one is a cottage and one is the uh primary principal residents on the lot the lot is the inset one um lot from the promotion Avenue directly next to apartments and it is identified as um 170 two 17 and known as 10317 so two witnesses I'm not sure Mr Kennedy if you want both of them be sworn in sure we'll swore them both in uh both Witnesses could just stand and raise your right hands please all right your name and you are the owner of the property I am coer with my wife okay and Miss Hearn just state your name and business address for the record Mary Hearn 107b M Street elmar and Miss Hearn you're testifying in Your Capacity as a licensed architect with all your licenses and certifications up to date I am okay if you could just both raise your right hands do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you guys yes yes all right the director reflect both Witnesses have been sworn thank you and so Mr Fox you're the uh as you indicated the owner of 1037 Avenue yes so first of all thank you for seeing us this evening Dian and I we live up in white New Jersey we bought the house property in 2019 um really it was always our Dream to have a beach house but beyond that we have a greater purpose our family extended family lives in the house so that would be my sister-in-law my mother-in-law um we spend our time uh pretty much Wednesday Thursday through Monday here down in balore um and our vision is to to right size the house if if you came to the house you see that there's an balance in rooms there's opportunity to um it's called rebalance um and as we move forward we also like to secure some more Beach views given our proximity to uh to the beach today only beach view is from a bedroom window um but beyond that we are considering as we are in the latter fourth quarter of our careers moving down to bore permanently we enjoy the community we uh really adopt it and want to make sure that we have enough room for our families for our family and ourselves so that's what brings us for you this and Mr Fox um you also have a cottage on the property we do so um when we bought the property in 19 as I mentioned there two purposes a location at the beach the second space for our and the property fit both those needs um so we do lease out the cottage we um we've had four renters in in since we going to home we don't believe in ring weekly during the summer it's quite an active area you know it takes a little getting used to when person get down there the summer it's quite busy but the stability one person on an annual lease and we appreciate the fact that there's revenue from the ctage that can help this fund investment in the home and you're not proposing any changes to that Cottage is that correct that's correct the only changes that you're proposing are in front of the cottage uh and making the existing um PE surface to grass is that accurate yes keeping with you the guidance we've had from working with Mary and to comply to what needs to be done to move forward you mentioned a new testimony that the building the principal dwelling is out of balance can you just describe a little bit some of the deficiencies you've come across that you've live there there look uh the living room is undersized our master bedroom is overed the master bedroom is actually bigger living room the living room has a bathroom in it so uh the kitchen's you to be unded the common space is is undersized there's a back bed room which works perfectly for my mother-in-law who's 85 that has a walk-in shower you go forward we're not touching that room because it works very well the other areas of the room quite the other area of the house quite frankly need to be uh rebalanced if you will get a permanent residence for us and to still ACC our family members there some kind of awkward feature on the second floor relative to stepping down stepping up yeah so the the backdrop is the house was um done in 2014 I think it was a family architect you did it came PR this is worst houses looks good but you come up the stairs you have to step up and step down step down so probing not doing the best job describing but it's very award that's just one thing that's that's called a character of the house and when you're down here you also use the space for your uh business office yeah I mean uh I'm a consultant had a 33e career in the Cosmetics industry I start a consultant company laal and so I can work more remotely my wife works from L based she has to be L three days a week otherwise she's down there so um yeah work I work from the home bedom set so our bedroom is big enough toate a bed and enough to work but again it's probably oversized and other areas of the house are but you don't have any appointments or anything like that no question are these and Mary you have testified before this board many occasions correct I have um I would offer Mary as I have the site plans I have the aial and I have photographs so let's uh let's do the site plan first so A5 is what site plan it's identical to sheet number one but it is now colored all right so A5 will be an illustrated site plan prepared by your office correct and is there a date on that same date which is 11 2023 11 2023 so that would be A5 A6 will be the photographs not the photographs so that's a board containing how many photos Mary two on the front and nine on the rear two on front nine on rear and that's pictures of the subject property and a rendering of the new front elevation all right and just for the record the pictures were taken by my office and roughly when this week so that would mean that they're a pretty accurate depiction exists correct okay and the rendering is prepared by your office correct thank you and then A7 will be an aerial correct aial photograph got it Mary how was that aial it is taken off the internet Google Maps here for now I don't uh so Mary you're the architect of record you've been hired by the foxes to prepare the plans that have been submitted this evening correct um and so what was the program that the uh foxes that were charged uh you to look at so so we walked the home and we designated um which areas needed Improvement to make them more comfortable to stay through longer times and bring the whole family there um um we intentionally wanted to work on the back house not the front this is flipped from Norm the principal structures at the rear of the property and the cottage the accessory Cottage is at the front of the property so we want to work on the bigger principal structure and um modify it and add to it and add up um to accommodate more space and Ed touched upon this there is there are five bedrooms in the home and three baths and we would like five bedrooms when we're done we're going to add a bath if it improve but there's not as much common space to balance the bedroom space so it is set up for summer use and get outside the family room is too small and I've had meals with them there the dining room is small the kitchen's very small and we're not hoping to change everything about the house but modify it in small ways to make each of those spaces more functional somewhat bigger there are some peculiarities with uh views here as said we're only one piece of property off of Ocean Avenue but we sit behind a very large apartment building so the apartment building on the south corner of 17th and ocean is twostory and the house is now two story so most of the views are blocked and where the house is located the the views are blocked of the ocean and Views to the West aren't as desirable there's a lot of um multi-dwelling lots to the West as is ours a multi dwelling lot um so the goal was to find where the views are best and build a lot of Windows there but then also outdoor space balcony to grab those views kind of around so looking Southeast and Northeast at the ocean as best we can and at the same time making the bedrooms more rectilinear they're very odd shaped some of them the closets are under size or they're odd there's a lot of oddities about the house we touched upon the stair on the second floor you come up the stair now and you have to decide whether to go left or right and go up stairs either way you want to go from one side to the other you have to go down and then back up and the bathroom is right at that level so there's stairs to be made for everyone on the second floor only one B now so the challenge was how can we do this with um adhering to the zoning rules as best we could and make sense of what is savable about the house and there's enough to save that it makes sense to save it um and then build upon it and grab views and and all those parts and I'm if you're ready for that I can walk through each of the four plans to do so before we get to the Flor plans U because we have the site plan up there which has been identified as A5 right so let's just run through on the left you have the existing and on the right you have the proposed right um and we're talking about only the rear structure so if you just for the board uh and public can you just point out the the structure we're talking about and this is ident to the cover sheet on in your set I just colored it so it's easier to talk about and and visibly you know recognizable what we hope to change so here on the left is the existing conditions and it's the rear principal dwelling and the front Cottage the rear principal dwelling has a one-story covered porch at the rear southwest corner and there's second floor all the way to the front in the this pink box but there's covered front porch on the first floor underneath that second it's only 4T deep and the colum and rail line eat up some of that so it's very shallow and not very usable and it's here at the northeast corner and then at the front there's a one-story Cottage with a wraparound porch one story that is significant in size the hope is to save the this and then add to this Let It Grow higher take advantage of all of the footprint which we'll talk about in a minute and there's a a deep driveway now you can fit a lot of cars in and it's loose Stone and there's loose Stone across the front of the cottage and down the west side and down the east side of the house you recently had your ordinance change that counts all that loose stone at 50% so we submitted this application a long time ago and we had to resubmit to make sure we were updated in how the C how the items on the site are are calculated so in trying to bring the um impervious coverage down we've tried to add green to the site so first of all the structure is what we hope to do is is build second floor first first floor out to the depth of the second floor and then add a new porch forward of the front line of the back house and then fill in the covered porch at the back on the first floor but then build a porch on top of it where the view is better on the first floor you're looking at your neighbor houses on the second floor you get a better shot at looking South East toward the water so we're trying to use the footprint as best we can and not making it grow too much but give all the spaces and take better advantage of the views at the same time and then no change is proposed to the cottage but then we'd like to Green up the front because of impervious coverage here and then put in planting so that it doesn't look like just a Summer Rental it'll look more lived in and then leave the stone out at the front because there's a lot of water that collects in the right of way and stays there so we don't want to put Green in the right of way and then shorten up the driveway so that there's Green in front of the house at the back where the driveway right now comes all the way to the house where it would be nice if we had some green there to soften the look in front of the new porch in doing that um there's a shed on the property that we'd like to keep there's no garage on the property so bicycles and things Beach things going there and there are walkways to it that we'd like to keep and then we'd have new back exit out of the house onto uh the lawn in the back another thing that we hope to change is there are AC units behind the house here that are right behind Diane's mom's windows and they're loud for her we'd like to move them possibly replace them but move them at least over to the West Side to a solid wall where they won't affect anybody those would be compliant we have plenty of distance to the property line there the existing AC unit for the cottage would stay where it is so we'd be bringing the entrance slightly further forward on the house and grow it to the North and as far as the setbacks of the principal dwelling are there any issues with setbacks no we meet all the required setbacks existing and all the proposed setbacks are um are allowed where we meet all the requirements setback wise and height wise okay so one of the variances that's requested tonight is the continuation of the two family use which in essence is a D2 expansion offorming use correct that's correct um and then the other two variances are associated with building coverage and lot coverage correct correct so before we get to the building coverage um what these changes that you're proposing on the lot coverage what's the difference the existing and proposed existing versus proposed so it's on the chart on the cover sheet the building coverage exists at 33.1% I'm sorry just a laot cover just the just I'm sorry we'll get to the fair enough okay impervious coverage is 64% existing and we're proposed at 56.1 we're 50% maximum is allowed so we're actually reducing the overall inar by 8% um let's talk a little bit about the floor plans and then we'll come back to that last variant relative put that other drawing up then yeah let's do that so this is A6 and this is not in your packet but this is a photo of the front I don't mean to exclude this is a photo of the front of the principal structure and this is a rendering of what it could look like if we're approved what it would look like if we're approved and and you have a drawing of the front elevation in in the packet but it's not colored so you want me to walk through the yeah let's walk through the plans uh we'll begin with the first so if you go to sheet two on the right is a drawing of the existing floor plan of the first floor and on the left is a drawing of the proposed first war plan we'll start at the front the family room right now has Windows to the East and to the front and a solid wall at the back of the of the room so putting a tv anywhere makes your back turn to the oce View and there's really no direct view straight out of the windows on the first floor to the east other than the apartment building and the parking lot in front of it or between us and the apartment building so we'd like to fill in the windows on east side and make that the TV and fireplace wall but keep a Long window at the corner because toward the Northeast there is View and then put in longer Windows across the front you see there's a a CO closet behind the front door if we eliminate that and Scoot the door over to the right to the corner the room benefits um usability and furniture placement what we've done is we've brought the front wall of the family room in line with the existing covered porch you can see how they line up on the sheet so we'd be adding that 5 ft to the depth of the family room and it gets you off the St more it makes the the flooor you know the usable floor area of the family room much better and then if you look to the right there's a bedroom in the front of the house with a closet and a bathroom near it and both those doors open directly to the family room which is not convenient for privacy or or you know sleeping so we'd like to convert that bedroom to a study this could be Diane's study and take the closet out she's got room for furniture and relocate that bathroom because it to me as a designer we would never put a bathroom opening directly to a family room if we could avoid it it's just not private enough so if we eliminate that bathroom it immediately opens up space for the dining room so we're not creating any additional space to get a better dining room we're just using the area of the bathroom and we would have room for buil-in for you know table Linens and candles and liquor and glass wear and all the things that we would normally store in a piece of furniture we could do as a built-in there and then it adds more space around the table which is is really needed here it's it's very tight when when you sit at their table now and I've not been there when their whole family is there and then the kitchen is behind the dining room and if you look at the existing Kitchen on on the drawing on the right you see there's just a very small L at the back corner of the house and a small island there's nothing on the left wall because it's all doors there's five doors including the two to the back there's seven doors that open into this kitchen so that whole wall is not functional for the kitchen itself there's function behind those doors there's a pantry under the stair which is awkward because it's under the stair and there's a stacked washer dryer in canical room closet and then there's a door directly to Diane's mom's bedroom right off the kitchen and right off the back door where again it's not very private and it tends to be noisy if you look to the drawing to the left if we take the the washer and dryer out of its closet and we put a new furnace and water heater under the St in that closet we changed the mechanical closet to a pantry closet now we have a decent pantry closet that serves the kitchen and we close up the door to the back bedroom and we get five more feet of Cabinetry and upper Cabinetry what that does it offers five more 10 more lineal feet of Cabinetry in a kitchen that doesn't have an awful lot of Cabinetry also visually it brings the kitchen across that whole Space it really makes the kitchen feel bigger for not a lot of changing around we get to even save all the existing Cabinetry and and Island but the kitchen feels and functions much bigger in order to do all that switching around we want to enclose the rear covered porch and make it the bathroom the laundry and the coat closet so the coat closet that we took away from the front door moves to the back the laundry from in the kitchen moves to the back the bathroom that opens to the family room moves to the back and you have a back entry so you have a front entry and a back entry and we get to move the back bedroom's door to the back of the house where it's much more quiet and not directly open to the kitchen so um and then and then we hope to add a porch across the whole front at this level the porch right now as you can see is only 5T deep and with the railing it's only four and change so it's it's very tight and only place to sit on the porch is all the way to the East and the view is best all the way to the west to look around that apartment building so we'd like to bring the porch all the way across and that footprint is being added but other than that we're working within the footprint of the house on this level the goal is get the space not moving everything and trying to keep the overall square footage you know go second floor yes I ask that we that we spend particular focus on the variances that are being asked rather than rather than the interior design only as it interior design is relevant only as it relates to the variances that you're asking for It's A Wonderful House and it's wonderful design and I'm sure you're design is wonderful but but we really just want to correlate back the changes you're asking for and then and then back to the variances why they're necessary okay so before we go to the second along those lines I was going to ask you so um the uh citing of the new proposed with the renovations the East wall and the West Wall are in the same exact locations as exist today and again they're conforming right the the rear addition of that uh area that you were talking about with the bathroom the co- closet and and the entry way into the bedroom that is already considered part of the building coverage correct correct you're not adding anything in that area not in terms of building coverage in terms of building coverage correct M and when it comes to the front of the house that's where the additional building coverage gets in correct yes for and so that new porch is it just the new porch that is basically what the expanded building coverage is for the first floor or for the whole stack for the for the stack no cuz there's some new second floor that pulls out forward also over that spot okay but but it's not beyond the porch it's not no all right U Mr be if I could so just I'll say in term I could perhaps understand or explain better in my mind at least um even though there might be additional space going above the footprint that we're looking at extending here from what we can see is there's a slight footprint expansion over the back covered porch because it looks like it's indented a little bit from the from the exterior lines but it looks like maybe a foot um more times the width times the length right so a little bit of footprint is being taken there and the bulk of the additional um uh lot coverage is being taken um up by the um front porch which is going to be now coming out um the Shaded lines and then we propos addition to the right side correct so it's really all that shaded line on your first page in the upper right actually the Shaded line not wall shaded line only a portion of the addition up the back is is is expansion correct and it meets the required Care St okay so um Mr be would you mind just briefly running down the variances so we could stay focused on on on what it is you're seeking here for Relief so we have three variances the first variance is the fact that it's a a lot that has two single family dwellings on one lot detached so that's the first variance it's a D2 variant expansion of nonconforming use right um we're not touching as Mary and my client indicated we're not touching the cottage uh in the front we're only proposing changes to the rear the second Vari except for the grass it's being well yes I'm talking about the actual building themselves the second variance we're seeking is building coverage um and the building coverage is uh proposed is 37.7 and 25% is permitted and the last variant we're proposing is overall impervious coverage and that's actually being reduced from what's existing based upon those site changes that are being proposed the the and that is uh 56.1 which is a reduction right 64% being reduced 56.1 great so I I don't think there's much debate to be said about the third item so relative to the first two items and what oh you neglected to um mention what I would expect one other parking we don't have a parking should we provide the required parking for both we've got very deep double bu driveway interesting yep and that exists and there's only one curve cut for the two houses in that neighborhood which is really important the on street parking very difficult yeah I well I think I'm I'm seeing five bedrooms is that correct there's five in the principal structure and there are two in the cottage um Ted just for clarification I think they're saying they're not looking for parking variant because once you hit three there's there's four BS requir three right and then but there's no requirement for four parking spots when you go bedrooms no you stay stops with four and you and you have four compliant you have six compliant correct parking spots currently corre excellent okay actually there are more currently reducing the size of the driveway to help mitigate the impervious coverage and we still have six that's good and but moreover I guess once we cap out of four it becomes a the point and and and you easily have four so so there's no issue whatsoever there okay so if we stay focused on on on the on the first two and I'm not saying that any of the other board members are okay with the third but I can't imagine because it's a reduction of coverage that anybody would have any quality that I was only putting into the record the minor tweaks we're trying to do in not making the footprint bigger because we're seeking the building cover but I'm happy to not run through every piece okay understood and there was a rationale that we were we we'll get to as to why we're proposing please continue I don't mean to interrupt Mary but I just really want us to stay stay focused on what you're for tonight y so Mary briefly regarding the second floor um what type of spaces are you proposing uh particularly to the most exterior points of the of the second floor so we're proposing four bedrooms and two baths a laundry closet and closets for all the rooms and then a covered porch at the back where we had one but just lifted and then a cover small covered porch off the front which is the master bedroom and both of those covered porches um are not going to extend beyond the first floor correct correct um are they actually tucked a little bit behind the first floor footprint they're not in the front they're not as big um so we get some roof line they don't take up the whole footprint if that's what you mean correct yeah and as far as um the overall square footage of those open air areas the balcony areas the porch areas can you just run through that yeah so the um you had asked me to do this before we got here the porches and balconies take up 18.7% of the total square footage of the house so we wanted you to hear that because it's not just solid bulk so um you know it's open and Airy there are ins and outs which we all like to see and um just this is not solid Mass um and so with respect to the um the two dwellings on the lot how large is the lot 8,000 square fet and under the ordinance for this Zone what's what's the typical lot size 4,000 is required so we're on double that and we have two lots or I'm sorry two dwellings on a double size l cor um I mean it's it's narrow and deep correct it's 50 ft wide by 160 ft de but square footage wise a density uh it me means what coll corre um and but for those two being on on one lot this would conform with with the zone as far as square footage 4,000 ft per lot yeah yes um as far far as uh the indoor and outdoor space what's the reason why we're making the give a couple reasons why you're making the expansions uh for those outdoor spaces well the house sits pretty far back on the property and if you're in the backyard which we tend to want to be in you're literally looking at houses and apartment building right around you on the ground level so offering some outdoor space on the upper levels get you above that which is not nice to look at and looking at the ocean which could be amazing so the reason for that outdoor space on the upper levels is to get out of a very crowded little backyard and up um there are houses to the West that have back houses um so the neighborhood why why don't we put up the area got it I got it this is A7 and it's an aerial of the block and I'll just point out this it's hard to see from there but the Red Line This is the subject property this is 17th Avenue this is the beach so North is up on the map so we are the first piece of property beyond the apartments that are on the corner of 17th and oceans we on the South Side this is the cottage and this is the structure that we hope to renovate so there are homes to the West that have homes behind them this house has a home behind it this house has a home behind it this house has the home that uh we lost in the fire um that will be rebuilt if approved soon and then this is the apartment building so you see how big the footprint of this apartment building is compared to the house that we're working on and it's right in the middle so the goal is to grab views here and here around that building there's only two story thank goodness and a low pitched route so um and to do those views you have to move forward toward the closer you get to 17th the better the views to the Northeast yes and the further west on the lot the better the views correct um and then you had also done an analis as to what you can build on this lot should you should you decide to start from scratch it's not the fox's desire so I don't want to put it in the board's head but for the record if we were to knock down we would be allowed by right to build one 4800 square foot home and a detached two-car garage at 440 Square ft compared to what we're proposing if approved 449 ft home and keeping the 575t cottage so the first scenario if we renovate knocked everything down and built as big as possible you could have 5240 5,240 Square ft of enclosed space where we're proposing 4,24 so 1,200 less than the massing that would be allowed on this property and the other the other point I want to ask you to address is that that Cottage it's 575 square feet but of that what's the building coverage square footage for that Cottage the building coverage square footage okay so the cottage is 575 sare ft which represents 7.1% of the lot the porch the covered porch is 488 Square ft which represents another 6.2% of the lot there's a small outdoor shower which is3 in total the cottage represents 13.6% building coverage and the request being made is approximately 12 7% higher and half of half of that 12.7% the cottage is 6.2 the porch I'm sorry the cottage porch is 6.2 yeah right so again the lot has a lot of open air areas as opposed to actual dwelling interior dwelling it does I think the open air and Light which we all are concerned with is is there's significant amount still even in what we're prop there a lot of open air and light and that porch is very low if you've been there the the floor of the porch is right at grade and it's a very short cottage which is kind of nice you can see the house and see over it um and if we're approved even better to see over the cottage you have anything else you want to add not but I'm here for questions thank you done okay with that I'll open up for board questions and we'll start down on on our okay uh Mary just quick question on the application the impervious coverage is different than your final was it changed is this the new application or the original cuz there was an amendment I thought the new one the ordinance Chang I don't think I don't know if it was in our P well I can answer the question though it it is as represented here and we we are at impervious coverage 56.1% right yeah and actually that's in the amended okay I don't know if that so we submitted over a year ago originally the code has changed and we've added more green space back so there have been amendments right and the other other question I have you have two air conditioning units now in the back we do you have three on the side correct and a generator but the impervious coverage the square footage uh doesn't appear to have change let's see so in coverage AC units and Generator is 30 and AC units and Generator is 30 so I have three smaller units taking up the two bigger ones so yep and the generator is already there right yeah okay that's all I have y you can see if not to but they are drawn even smaller they're big units they're pretty loud so that's a crawl space under that yes is there a su pump in the crawl space I don't know is there a s pump no no okay no question thank you I have no questions flood zone no flood zone no basement no flood zone and the house is relatively new that we're working with the actually very good we'll be adding down the middle where needed to support the third floor but we're good there I have anything regarding theover third story deck variance no so a variance is required when you cover a porch in the front setback and we're kind of clean on that we far back on the property and then it just maybe a question for Mr it's just it's a question and the comp the shed is that for the main principle or is that for use by the front the that's that's for us and so my question is why the walkway from the all the way back to the sh you can drastically reduce your impervious coverage by eliminating that and have that walk is a easier toing back and just trying to get the that's that's the my only question is the calculation of the parking on the proposed site plan I think it says it's 18.4 ft wide but it looks like it's to the cottage it's meur to theage and there's a concrete walkway there so you're counting the concrete walkway as part of the driveway yeah they actually Park on it now I mean it doesn't make much difference you still got the they're using it okay just change the number of parking places they ex they have enough anyway yeah either way we just leave it alone that's only got thanks I have questions okay and um and my questions I again it maybe similar to what Mr Craig brought up as to whether it's the relevancy or not but I know in the past um I'm I'm specifically talking about uh what you have list as an exercise on the second um and then there's a walk-in closet um that go said that goes off of that exercise room there a Walkin closet which to me looks like a bedroom there and I don't know if there's any relevance um in the way things get handled through the town um because I I I think we're already counting six bedrooms if I'm not mistaken five in the back and two in the front I'm sorry there are five bedrooms in the right okay I'm the rear structure now so so five bedrooms um but but um my question is and and then there's a looft area which potentially could be used either as an exercise room or a bedroom as well um but I recall in the past when there was a closet adjacent to a room that we called that a bedroom I mean the architect designate what the room is I understand can any right let me just with me a second whether we call out an exercise room as an and a five bedroom or a bedroom would be a six bedroom does it matter at all doesn't matter doesn't affect I I just want to make sure it doesn't affect how the town use ta go everything sometimes towns have a rule or an ordinance that says if you have a room and it's not a kit dining room it's big the next it's a bedroom I specifically remember an application again not that it's relevant to this one but that we we insisted that the closet that the closet be taken off the application just for that reason that that it had the potential be used as a bedroom to the existence of the CL that could a parking issue too it could be that's why I said I don't know that it's apples to app but um I just want clarification and also so the rest of the board understands as well in this particular example whether they call an exercise room with a closet or a six bedroom with a closet it doesn't matter okay all right that's all I have no further questions but that we'll open up to the public anyone here from the public to talk about this application right now would be an excellent time I'm up to that microphone there's no an objective or no one speaking on behalf of the public so we're going to close the public session and then um I guess we move right into comments right do we summarize we summarize first uh you it hasn't been that long well since last year we but yeah so typically uh you'd have word comments first and then okay we want to comment sure all right we'll go in the same sequence that that we did our questions uh no further comments would be in favor of the no comments uh no real comments it just uh typical of what I've seen in my year here when Mary brings it uh it looks good it looks like a good plan and I'm in favor of it yeah I just want to State though that 8,000 foot Big Lot I don't think I've with multi family use two structures that only needed three variances like this that were all preexisting so I think that had a lot to do with my human favorite application that is really a minimal ask Bas on Mr Ross I'm I'm of like mind with what you just said I'm I'm really stunned that's so close to the beach that you have a lot as as deep as this is which is quite unique and then the other un istic is the fact that um adjacent to the east is just the parking lot for the apartment building so um you know even if the structure is as a rear structure fairly significant I do believe that there's a lot of open mo back there especially on the eastbound side parking lot that I don't I am not as troubled about this as as I might have been had it been sandwich between two uh residentials comfortable because that would more than likely stay forever the parking the department building so I don't have anys to this application item so with that Mr Kennedy sure now we can summarize all right so if the application is to be approved some of the conditions that we talked about are otherwise implied or otherwise our our standard goto conditions would be compliance with all the promises commitments and representations the applicant team made night compliance with any affordable housing rules regulations contributions directives as required we usually have a 24mth shelf life uh within which the applicant needs to obtain a building permit any and all outside approvals with the understanding that if the application of the variance relief materially changes as a result of those outside approvals further uh approval from the board may be required we have usually a standard no further expansion or intensification absent further from the zoning board maintaining replacing rep replanting Landscaping as necessary particularly given the uh the fact that they're adding Greenery to to reduce some of the uh variances uh or the extent of some of the variances grading and drain details to be worked out by the burrow engineer if necessary and let's see um uh see the I guess Mary you sort of said the air conditioner is going to be relocated to the west side and the zoning compliant location yes and the existing air conditioning for the cottage unit stays the same correct and um is verifying it's at 56.1 and then administrative chairman I initially thought you were going to say that that um exercise room and law not be utilized as bedrooms but you're not saying that I think right it it sounds it sounds irrelevant from what I understand I I that's surprising to me but that's the case there's no reason to so those were the uh the gist of the conditions uh Mr beakman are those conditions okay to you and your client those are satisfa um the public session was not only questions but public comments as well correct so we don't need to reopen yeah I mean you can ask if anyone had any comments I'll just officially because I did call for public question session but it was question and or comment so if anyone has any comments again that would be good time uh since no one seems raising their hand we close that public comments and we um look for a motion to approve this application second yes yes yes yes congratulations good luck with the project I'm sorry you have no female cont on the board anymore oh you noticed [Music] I no offense ask want take pi good to see you guys sure you good yeah Rich do you want this left got one okay yeah I'm good I'm going to be a minute takes me a while I'll see you out there this is I asked Rich if he wanted this and said he didn't need it okay next applicationa 903 Ocean Avenue okay Mr chairman as the applicant t comes forward we'll just do a couple of things here first up is there anyone who had any questions or comments on the sufficiency of the notice questions about the association and that that a big purse okaye microphone I want to mention for the public uh we typically ask at the beginning of any application if there's any uh concerns about the suff that processing followed prior to us hearing the application to save us all a whole buch of time and effort in fact was noce was deficient or was approval in advance by okay thank you sir please tell me who you are and you're going to get sworn in my name is George I am the treasur Please spell l okay thank you and I am the treasur of ocean Bree okay and Ocean Breeze is the home or condo association uh associated with this property correct excellent thank you all right and I'll just swear you in uh if you could just uh State your address too please it's uh my home sure 24 Street home down New Jersey okay you the information and testimony you're about to provide to the extent you providing will be the truth the best your knowledge to help you guys okay okay uh so you've been sworn so you had a question regarding the notice wait hold on a second Mr K I just have a couple of questions um as treasurer of the board are you a voting member of the board yes and how many board members are there there are five okay and and if something were to um need to be passed within the association does it require three affirmatives um for to pass or does it have to be unanimous normally we each V Association so we do a majority rule for the association so all the homeowners all how many home owners are there nine nine units and does does that need five affirmative homeowner votes for something to pass correct okay and if if um one of those homeowners weren't to vote or two of them weren't to vote is a majority of the voters or is a majority of the nine majority of the nine so if four were not to vote you would need all five affirmative for it to pass okay thank you all right please Mr lead off proceed yes so the notice that was sent out states that this is a two and a half story multif family dwelling and it's going to be uh demolished and constructed as a two and a half story single unit dwelling the current structure on the premises is a twostory d not a two and a half story it's going from a twostory multi family to a two and a half St so your reason for mentioning this is that you're saying notice may have been incorrect in that it appeared that it was maintaining an existing condition when in fact it was expanding an existing condition regarding the half Story and there's otherist okay so let's list that as as as item number one Mr Kenny do you have that y okay go ahead Mr Le okay the existing condition for maximum allowed uh building coverage States 29.7% proposed 30.4 4% and by the plans that are with the town there is an expanded footprint to the property much greater than the 74% that's indic yes um is there any not that you would but you're challenging the calculation but you don't know you you I wouldn't imagine that you would know what the correct calculation should be exctly okay but you believe that the current statement of it being whatever that Delta is to be understating the actual correct expansion of the building coverage not lot coverage and and not impervious coverage lot coverage corre building cover corre okay so Mr Ken that be Point number two okay got that the next one is regarding the um impervious coverage existing 76.4 opposed 77.6% again the increase 1.2% doesn't add up to the plans that are in the and again similar to that although it doesn't look accurate um you don't know what the accurate calculation ought to be given the plans okay um are you did you review the plans whether or not as in the prior application they were opening up and what is currently impervious to become a permeable uh just maybe there's an offset there that you might not be aware of no that from what I saw on the plans okay there is less grass or permeable coverage and more constru constru Le do you have any statement um that you think would be accurate to say how many additional square feet you think the plans are versus this this minor um I don't know exactly but it looks substantially bigger than what exists today okay and what was the stated um expansion um from what to what from the purchase coverage from 76.4 to 77.6 1.2% Greater okay and what leads you to believe um that and I'm sorry I don't mean to sound like I'm grilling you but but I really think it's important that that for Mr Penny purposes we're clear about the reason for the concern you must have some reason to look at that and say that can't possibly be 1.2% and and why do you think that because the plans show an expansion on the side of the house that is several feet and also towards the front of the house that is several feet that will be much greater than 77.6% 1.2% that's what I'm getting at so so so you're eye boiling something that looks maybe 2T wider and maybe 20t long something like that I think it's it's probably maybe greater than 3 ft wider and greater than 3T forward so you think like you're talking about n square feet then we're not talking about like a 100 or 80 square feet we're talking about a difference of maybe nine square feet from what you could view it's I think it's going to be greater than square feet number well you said 3 by3 didn't you yeah I'm I'm thinking from what I saw it's at least 3T in the other [Music] L of the no that's building oh okay all right so 60 square fet yeah and okay so so Mr Kennedy that's the statement being made here is that is that is that to an untrained eye it looks to be like 60 you know something in excess of 50 or 60 sare feet and and therefore the 1.2 calculation of expansion looks incorrect for impervious yes I think mathematically it's wise because we're basing it on the 37,500 Square ft of the entire property right remember this is the condo so it's not that one unit so if he's talking 50 square feet over 37,000 or 60 sare ft understood understood it's not on that one lot okay so I think that becomes a matter of conversation that needs to be had then in terms of how these calculations are were formulated um because you're right if it's across the entire nine I would assume this is nine properties is there any common area besides the nine properties parking lot okay so the nine properties I don't know that the parking lot um gets put into that calculation would you know T by any chance comes under lot coverage so lot coverage okay the entire there's a lot coverage okay so dealing with the condo uh Mr Kennedy I think um it's a reasonable question to be asked that the expansion that's looking here is it it's it's it's against the entire home all the homeowners not just not just the uh the applicant correct okay very good yes sir go ahead please next the next uh statement was on the front yard setback it says existing 15 ft proposed 15 ft which again what's in the plan at Town um it's significantly coming forward I'm sorry the plans that you're looking at or you're talking about are the plans we have which I think are dated May 3rd yes okay and they're the ones you're looking at and you believe the ones that town is looking at is not either it's the same date in different plans or it's completely different plans different date I those are the same plans that I I looked at in town and the setback is not the same not 15 ft I I'm still trying to understand though because if you're looking at the same plans that were submitted I I don't know how you can make that statement I'm curious how do we get to that I I know the distance from the oh so you're saying the plans are inacurate well I'm saying that the letter is inacurate to the plan because the notification letter is not matching what you read on the plans okay all right do you have that okay we're going to have some work and then the side yard setbacks existing 1.8 propos 1.8 um there's an expansion on the side so it can't be the same okay so in other words the notification didn't indicate the notification indicated that there would be no change but upon reviewing the plans it appears that there is a change to that 1.8 ft correct is that correct okay so do we have that Mr got it okay may I ask you a question another one sure were you part of the group that reviewed this um we have a letter dated May 8th from the association were you part of that group yes okay and matter discussed was discussed at that meeting when we discussed the project to to expand that or to to redo that property was that they were going to the property to their left um this plan that is sitting in town is a greater expansion than that property so that's why you know that's what brought our attention to this and we voted for this and we want this project to go forward in terms of remodeling this property but the expansion is not what we had foreseen when we voted on this now I was part of a condo board in my prior life and what I find amazing is that these plans are dated May 3rd and you guys have this approved and by May 8th could you explain how that happened that it once it's approved the president of the association would send out a letter to right but if the pl dated May 3rd how did you guys approve it and send a letter within five days again we didn't review plans at the meeting when we were approving this we were proving that they can go up and and and do the structure um but nobody thought that they were supposed to be this change in footprint again some of this becomes condo business not ours but like why would the condo association be approving the work to go forward without having any plans that's normally the way we've done it because nobody has expanded their footprint within any of the remodelings that have gone so you feel the vot the condo association took um um was based on different information than what actually was submitted to town for plan have you taken that back to your condo association for reconsideration we discussed that and actually our president reached out to town to see if they should have a second vote on it and they said no no need to have a second vote it's the condo association's decision not the town decision if you're going to have a second vote so I don't know that you have to of the town I mean the town saying it's not necessary if you're standing by the original decision if you're if you're ascending the May the May letter and you feel you know the homeowners now would feel differently or vote differently I think the homeowners association to take take that matter up and then determine whether they want to send their prior approval and that's something that that the president wanted to do and she discussed it with me but she was told there was no need to do another vote that's the town would say there's no e but the association has the right to determine that I mean I mean the town doesn't have to accept that initial vote like that the condo association doesn't have to accept that initial vote but if we have a letter on file and no one's refuting it we're just going to go with that letter so of course we'll say there's no need because there is no need for the town it apparently you guys have a need within your Association to do this stuff there we are right so if you're a board member if you're a Treasurer you should be taking some steps to deal with that I would again I I will bring it up to the board but you know we we take decisions as as a group and I'm not in the position to take a decision not to accept the existing okay well that's if there's not going to be any further commun from the board regarding it application we're just going to accept the May letter I mean that's up to you guys if you want to dispute that and say hold on we want to you know we're rethinking this based on the plans you know that's the condo board's decision and then we would take that under advisement and and and you know perhaps you know adjourn or put it off until you guys have have the opportunity to take a second look at this but absent that we're just going to go with what was filed then may may I think you guys have to decide that we don't we just go with what was given to us and it looks like cond Association has approved it um if you guys failed to review the plans properly you know I and I'm not saying that we're going to prove it based on what I'm telling you right now and I'm not asking you to I'm not going to okay it sounds like there's other defects with the notice that we should probably weigh more than that but I'm just advising that the condo board does have the right to say upon further review we don't feel the May 8 decision or May 8 letter should remain valid and if that's the case it's going to throw this whole thing up because we because we really shouldn't be proceeding until the condo board has provided sufficient approval I would just say to you know proceed on the merits of the letter not representing what is filed understood okay so Mr Kennedy you have the Mr Leo Leo correct Le Leo Leo um I do okay can I just for the record could you ask if there's any other members of the public who have questions yes all right thank you excellent excellent um presentation anyone else here to speak on this application just on the notice on the not on the sufficiency of the notice I yes correct um sufficiency of notice you heard on the notice Mr yes I I would suggest sure yeah there seems to be a debate on whether or not sufficient yes Mr chers absolutely I'm a student of this board and the chairwoman who signed the notes from the association I think is Mr chck I just happen to have the minutes and your resolution from M ch's approval one year ago from this meeting in January these issues that were raised by Mr Leo are approval for what project her project oh her project project okay this is a very interesting Association okay but okay I just want to be clear so Mr diorio who may I think he voted affirmatively for that project why you picking on me I am commending you because Mr diorio remembers from when he voted on that resolution the whole issue of this condominium and when you actually read Mr galco's plans and if I have to make a proper on that Mr is correct because it's the perimeter I think always be backed up by Mr bian and it is the perimeter outer limits of the condo condo association that determines setbacks and if you look at our plans you'll see a lot of them refer to units other than this unit that are pre-existing non-conforming setbacks within the entire perimeter of the condominium Association and again Mr F I don't know his background but he's a pretty good mathematician because when he did his math he's probably almost spot on on the calculations regarding impervious and perhaps far and things of that nature so with due respect to Mr Leo and I don't want to cross-examine him at this juncture on what motivation he may or may not have but um notic and if you need a profer or you just want me to take it through Mr DeFalco when he's on because he's going to go through the chart anyway I I'll do it that okay so Mr Kennedy the uh efficiency uh items that were raised here um what would you suggest we do with those right what I would suggest is is Bill are you um so it sounds like you were saying based upon how certain measurements and calculations are are taken with regard to this unique Association uh that do you feel comfortable that your calculations in your notice are correct yes and they're off my engineer I I don't make up to notice I take the Zone grid like everyone does we go down the Zone grid the engineer calculates The Zone grid and the Zone grid goes into notice I think I'm pretty good but I'm not going to say I'm presumptuous that I truck my Engineers what all the setbacks and far and a lot okay so so thank you Mr shers that notwithstanding the I do find some Merit in the in the um notice stating um existing two and a half and basically maintaining 2 and A2 when in fact the notice was existing as two and you're going and I do think that's somewhat material it's a material error I believe in the notice a defect so what would we do about that well if I could be heard sure absolutely with the utmost respect Mr Fitz chery and I think Mr Kennedy will discuss with you but I don't want to speak for him I don't think it's a material notice issue the law on notice basically says what notice must be given to the public where and when the hearing is uh a general description of what is occurring uh which I think our notice uh set for sets forth all of the particulars of the notice if there's an issue on a half Story versus a third story I don't think it's a materal in addition the not is there a change to the height from what it was to what it's going to be um District def Falco has5 2 and half stor turning at 35 and 2 and half stor my point is I don't think the court would call that a material issue in notice the other there's no change to the height there's no change to the height of the building uh it seems to be being proposed at 35 ft 2 and half stor and what's existing uh I don't know the exact height because my chart says 352 stor but I would think the Delta between two stories versus two and a half relative to it being now a taller structure does bu size I mean it's I I will debate and ask Mr Kennedy to give you the definition of what notice requirements are notice requirements don't have to be perfect under our case notice requirements require a a description of what is being proposed when it is going to be heard and where you can get the plans and have a reasonable opportunity to review them for the year all right Mr Kennedy you're up okay uh first up before I I happen to be speaking with Ted and I think just we'll get into this later on Ted I think again not substance part but I think you think it's reasonable soos this three it was proposed two and a half and you and your interpretation of of what the plan looked like it's three so so that also would then be a defect in in notice because it'd be going from two to two and a half it would be going from two story three story based on what your definition of a third story would be okay so so let's talk about the notice now as is always the case notice is important and what they say in the law is notice is jurisdictional because if you don't have sufficient notice you're not even supposed to proceed and to what Mr sh was just referencing is is entirely correct in terms of what the law requires so the purpose of the notice is the world on on notice to what you are proposing and so when you read that you're going to say do I care about this uh do I want to object to this do I want to support it I'm going to check it out and and and get more details um and in New Jersey just for the record what what it means to give proper notice is that you have to notify at least 10 days in advance the owners of property within 20 feet and this means you have to send it to them at the correct address within 10 days and it also has to be published in the official newspaper so by law the notice has to have four General things one uh the Day and The Time location of the hearing two the block and lot and the street address there is uh three the nature of the matter you know what is up up for grab what is proposed and four what uh where the plan the plans are on file and available for public inspection um so so it sounds like three of those four were easily met but the third item is sure and that's what we're going to discuss and and so we have April checked the the the mail receipts to make sure that it was mailed to the correct addresses and we have an app yep and so just at the risk I'm going to speed read so Mr sher's notice please take notice that the unders sign on behalf of the applicant Victor Batista subed development application the B of Belmar with respect to the property located at 903b Ocean Avenue Unit 5 tax map is block 90 lot 3.01 c005 applicant intends to demolish existing 2 and a half story multi family two family dwelling and construct a modern two and a half story dwelling in its place applicant lot is a deed lot within the ocean breeze at Belmar conding Association applicants proposal or further proposal is renovation of a deferred main maintained unit within the condo complex the application will require approval for the following variances use variance existing unit 5 existing two family unit proposed would be a single family unit building coverage maximum allowed 20% existing 29.7% proposed 3044 impervious coverage maximum allowed 40% existing condition 76.4% proposed 77.6% front yard sitb back required 20 ft existing condition 15 ft proposed 15 ft par e condo unit 3 front yard sitb back torch required 12 ft existing condition 8 ft proposed 8 ft parentheses condo unit 3 side yard set required 5 ft existing condition 1.8 ft proposed 1.8 ft Additionally the applicant will be seeking relief for any and all other variances design waivers submission waivers which are necessary or which may become necessary during the public hearing process this appeal and application of an assigned by the zoning Board of adjustment and a public hearing has been ordered for Thursday January 25th 24 at 6:00 p.m. at burough Belmar Municipal Building located at 601 Main Street fmar 0779 when the case is called you I'm sorry 077 n when the case is called you may appear either in person or by agent or attorney and present any objections which you may have to the granting of the releas S petition all documents relating to this appeal and application are on file may be reviewed by the public in the office of the board secretary are available for inspection Monday through Friday from 9:00 to 4:00 this notice is sent to you by the applicant by the order of the zoning Board of adjustment so just for the record that that that's what we have so it appears uh to adequately put the world on notice the general nature now there's a question and concern about some of those alleged technical inaccu inaccuracies um and I guess the question becomes uh is there some technical inaccuracies and if so are they significant or material and then another question are they missing variances from that notice and if so are they significant um and FYI what is a good thing here is is Mr sher's has in there and by the way any all other variances you know to list that so the question to Mr Scher that he already addressed is it accurate are there any material act inaccuracies and as board attorney I always hate dealing with notice issues because if someone reading your notices and they and they think it's X and then they get here and it turns out to be x x 2 or Y that that that makes everyone a little uh concerned so Mr shyers you heard the objections and obviously you do not agree with them and just for the record I just want to ask one question before we go on so not withstanding that you believe that the notice is is sufficient um uh so obviously you f you have your opinion that the notice is fine and accurate and legally sufficient but I would say it's just out of an abundance of caution and just to prevent any potential legal issues is there any school of thought on your part that says look uh what was raised was not a legitimate uh defect but an abundance caution I want to Ren notice just so that there are no issues is that an issue that you want to deal with or or no I know what my opinion is but do be B IA should take a moment with my client before I okay I express my opinion fair enough right back we take three minute break so great okay are we G to take TI again still here yes here okay um where did we leave off okay uh we left off I think uh we took a little bit of a recess and I think Mr shyers has uh a comment but Mr Kennedy um and Mr cyers in deference to you I I I feel uh your client is Ed an explanation as to why um U our our zoning officer feels it's not a half story it's a full story we understand okay so you know what that issue is we have no issue with the Z okay so you know so do you do you agree it's a three story then that the plans are showing a three story we we understand that his comment says it's a three story and we're not going to litigate it tonight we're going to add an abundance of caution I have his minor luse Den a I know what it says out of abundance of caution uh contrary Council recommendation I guess my find smarter than me he wants me to clean up the notice so there is absolutely no issue iing my position but anyway that's why I okay so it remains it remains to be seen if if we're looking at two and a half versus three stories then correct yeah I know what the issue is and I know and I know how I think we're going to address it okay um all right I would Mr might have made sense to to hear but if you don't feel necessary that's I I heard it enough okay great Mr chairman if I could just um I thank the applicant and I thank Mr sh because he said out of an abundance of caution because he doesn't want to go into an application on what maybe maybe not uh could be a notice issue so I thank you I appreciate that so what ail can we give him a new date that for which he can notice the next meeting is February 22nd Mr shers is that enough time for you to I think I need to because there may be very well some plan revisions potentially one that is march8 I think better March all right so uh we're going to have this application carried to March 28th 2024 at 6:00 with uh Reen notice and appreciation for the same and just for the record uh Mr shyers do you on behalf of your client consent to extend the time frame within which the board has to act on the matter I do okay okay before we adjourn this though I would I would um uh I it's not just me I believe um other board members feel similarly that we were encouraged the condo association to to re review this in celebr dat last May and there seems to be some dispute over um the accuracy of the plan that they take a good hard look at not only this proposal but if there's going to be a revised proposal and reaffirm or or reject the pr decision that was made in May of 2023 um I think that's going to be extremely critical um to how we proceed in in February or March when whenever whenever you're going to get on the agenda I would just submit Mr chair was good for peace are good for ganders I think uh this board should also look back at its resolutions regarding this not everyone's judged on their own and I think the board should look back at its prior history within the last 18 months or so within this Association and uh and any other you know any other pending applic I I appreciate that advice I think it's good advice I was actually going to suggest since it was an agenda item I don't know if you were in the room at the time that we do a report annual report to the mayor and councel and we make some recommendations I believe um I mean it could be specific to this particular property but it should be specific to any similar property when it comes to these calculations on how we proceed because for those that memory to recall um each time an applicant one of the in this example one of the nine take a piece of that um f uh it leaves less of a piece for for for the remaining eight applicants and so it's a communal F so to speak and and and I don't know that from a town point of view if the spirit and intent of what was supposed to be done is actually doing it justice and if we have other condo associations that might that this might apply to um you know this is going to be sticky though because it's it's so um uni to the particular property that you might not be able to do an ordinance that would be applicable in all cases but in terms of this calculation and how we're to proceed at minimum it should say acknowledgement by the condo board that they're giving away a piece of their lock coverage or building cover coverage the condo association should be should be tested with more clarity in terms of what what the what they they're approving prior to coming to us because that's what happened here right like it was approved and then when they actually you know saw the plans and did the calculations it didn't match what the expectation was I I object to that St I I I think it's a St Comm make that it's a potential issue but I don't I don't want the record okay understood I I will stand corrected on that I have no problem with that Mr that wasn't what I was insinuating it was not sound it was not intentional I'm just trying to guidance for the town that more burden be put on on any cond or homeowners association relative to uh what they're approving just so we don't wind up in this situation where you know Doo was ask and Mr chairman may I U pill to what Bill shers had suggested May if it's okay with you should we have April maybe as part of your package uh give out um some of the prior resolutions we've done and only because it's not relevant for the actual substance but I think doing this all by memory which is always dangerous I think in some of the prior resolutions we have had the board has made General findings about how F should at the site based upon bur engineers and have set back this particular site you're talking about yes yes so that might be and again if if we look at the old resolution and it's helpful great and if it's not helpful we ignore it but I think at least he requested that we we do that and I think maybe then a prior interpretation we can do that great okay um agreed with Mr Cy and you know the flavor over the T for 30 years in doing with this board if litigation was going to be ensued guaranteed this board those prior resolutions prior words out of these board members Mals and their votes will be in the freeold U briefs and argument so I I think I think they're very relevant because this is a SW gener in and of its own condominium where you got a mini condo within a condominium and it's a very unique form of ship and a way of layout in an R I guess 75 zone so every application is going to be an expansion of a non-conforming use and these calculations as to setbacks are all going to be relevant I think consistency needs to be understood thank you very very good um is there anything else relative to this application because if not I think we just make a motion to carry it okay and I'm sorry was it date was March date chosen or March 28th very good okay I'll a motion to uh adjourn um this particular application to March 28th second Mr L second all in favor anyone oppos thank you before we leave just want to congratulate the new board members and the other older board members I want to thank you for bringing some color into the room on a gray January yeah I can only bring one thing tonight that's what I thank you all we're gonna um go into an executive session so um all Mr chairman we have a motion to go into executive session to discuss pending or anticipated litigation matters including uh CL litigation ands will be Avil to session