##VIDEO ID:_opMlBA76oc## e e e e e okay there we are we're going to call to order tonight's meeting of the township of the Bernard's uh Zoning Board of adjustment um the first item on the agenda is the flag salute so please stand if you can unit States of America the rep for it stands Nation andice in accordance with the requirement of the open public meeting laws notice of this meeting of the board of adjustment of the township of Bernards was posted on the bulletin board in the reception hall of the municipal building Coler Lane basing rdge New Jersey it was also mailed to the Bernardsville News whiy New Jersey The Courier News and Bridgewater New Jersey and it was also filed with the Township Clerk all on January 8th of this year and was mailed electronically to all those who had requested individual notice the following procedure has been adopted by the Bernard's Township Board of adjustment there will be no new cases heard after 10 o'clock tonight and no new testimony heard after 10:30 um Miss keeper can you do the roll call for us certainly uh Mr Cambria and Miss Herrera have advised me that they are unable to attend this evening chairwoman Jers here miss Balman here Mr kuss here M pich here poar here Mr T here Mr hon here Mr saski here Mr Quinn here SCH here and for the record Miss Kefir is present Madam Cher have a you may proceed thank you Miss kefir um next on the agenda is the approval of minutes from our very short August 7th uh meeting they have been distributed if anyone has any comments on them now the time otherwise a motion to approve as drafted and Madam chair you are eligible M pich is eligible and Mr tanky are eligible I move that we approve the minutes as drafted M thank you second thank you all in favor Iain and Madam chair we might want to ask a motion to excuse MERS are members thank you Mr Krauss I'll thank you Miss poar um we have a motion for we do we have a motion from Mr and missar thank you behind that's okay all in favor Iain thank you thank you for that um next on the agenda is the completeness hearing or black thereof of uh cig uh zoning board 23026 good evening ladies and gentlemen my name is Harold Pete cook thei from the attorney for the applicant I don't know where the applicant is and I don't know where the engineer is I spoke to them today and they were supposed to be here uh I didn't have the benefit of the July 10th do you want to go out of order do do you want us to wait and do another case first it's okay because I mean there are two items uh okay why don't we wait um we'll do another case and we'll call you back up if we're in pite as opposed to like starting and stopping is that okay okay so we'll come back six is still open um next up is the completeness and public hearing for anti pastis patis if I pronounce that incorrectly I'm sorry ZB 24003 are you here tonight yes okay you want to come up here please Madam chair while the applicant's approaching I'll just note for the record um I did review the applicant's notice of this application I find it to be well timely served and to have the sufficient content to get the board jurisdiction decide the case um just for the record it was sent by certified mail the owners of property within 200 ft of subject property on August 8 2024 and also published in Burnville news on August 22nd 2024 both more than 10 days in advance of tonight's hearing so the board is jurisdiction great Mr St get ready sir I'm assum assuming you're Mr Anie pus yes sir hopefully I pronounced that correctly do you have anybody else who will be testifying on your behalf uh no okay all right so I'm I'm going to need to swear you in along with our board professionals all of you swear or affirm that the testimony you're about toide will be the truth the whole truth nothing but the truth I do yes I do okay great chair back to you okay terrific um so we do have your a copy of your application pictures and the plans um do you want to just um tell us why you're here tonight what you're looking for the board to apply on and and perhaps we'll ask you questions along the way uh sure um so I bought the property about 15 years ago and I was a single guy at the time and now I am married and have three kids and two dogs so uh congratulations yeah thank you uh so we're just looking to expand the property so that it fits our our our family's needs um and being a little bit OCD I went through a about 50 different ways that we could do that and what you see in front of you I guess is the best thing that I could come up with uh which is adding a piece at the back left of the property which will enlarge the kitchen and family room area and adding another piece to the front right of the property that will become an extra bedroom and bathroom um and I guess for that I need to apply for two variances one of them being the rear yard setback which currently cuts the house basically in half it's non-conforming as it is um and the minimum improvable lot area which was very confusing at first but now uh I understand it but that that is as I understand just part of the property is um the pictures that are with uh your application did you take those I did do you know when you took them um guing I took them just before uh printing all these out and folding them and submitting them so but I think I did that twice so the the pictures that are in here I believe are when you say here you're referring to the plans and the in these plans are maybe about four months ago or so has there been any changes since then or are these accurate depictions these are these are accurate and how about these other photos these black and white ones remember do you mind if I use a stable those are speaking though you need to be in front of one of the microphones because otherwise we can't get uh the the black and white ones would have been a a few days later because I think I submitted the ones that are in the in the in the these this copy of the plans yeah or maybe they're so we just need like a general time frame put month ju this past winter okay just this past winter so it's say February February yeah I don't remember which ones I took first I I took I guess I took them facing out and then when I submitted them they said we want to see what your neighbors will see so I took additional pictures uh facing the house but we're both sets of pictures nothing really has Chang nothing has changed okay J i' like to note that I did do a of the um location given it's Lake Road I couldn't really stop but I back and forth please thank you and did you get a copy of Mr SCE memo uh I did but I did not make a copy because my printer isn't working maybe Dave do you mind taking us through it we can talk by Point by Point some are facts and some are things that need to be addressed maybe that's the easiest way and if you need would you like a copy yeah sure one thank you thank you okay I'm looking at my August 28 2024 memo to the board um the comments uh the first five comments are factual I'll run through them uh number one talks about how the applican dwelling was constructed with with what is now a non-conforming rear yard setback it seems to me that that's the high point on the property and that's where they uh it was easiest to build a house and that's where they built the house uh and half of the house is already in the required setback which for a long time was 75 ft today it's 100 feet and um so it's not um pretty tough to put an addition on the property especially a one story addition um comment number two talks about the existing rear yard which is 61 uh feet and change and I'm sorry the proposed rear yard the existing rear yard is 69 fet the proposed rear yard which is going to be measured to the most furthest projected o um portion of the building and that's the uh covered rear patio uh which is not fully enclosed the uh the proposed setback is 61 ft uh the actually fully enclosed parts of the uh of the construction are 74 feet which is still less than the required 100 but more than what exists today um comment number three talks about the improvable lot area um actually it's pretty unusual when someone's requesting an improvable lot area variance without also requesting a lot area variants because usually they go hand inand in this case the applicant does have a conforming two acres he has the whole property is buildable meaning there's no constraints other than right along Lake Road there's an easement for the the path which is irrelevant in this case so it's all buildable land it's just that the due to the geometry of the lot it's wider than it is deep so it makes it so the um even though it's two acres you don't get the full 22,000 Square F feet improvable lot area and um comment number four talks a little bit more about what the purpose of that is to make sure they have enough buildable land on the property not just land uh to to to uh develop a lot and number five comment number five talks about how all of the uh adjoining Lots also have non-conforming improvable lot areas one of which the board granted a variance for one of the lots to the rear of this property um and they're they're all non all the adjoining lots are non-conforming in one way or other uh consistent with the applicant's non-conformity can you remind me which which one did we Grant the variance was it two or three it was three it was three yeah yeah okay thank you two also had a variance granted for a rear yard setback three that may also have an approvable lot area but it's hard to tell yeah if it's not conforming or not but lot three was also wider than it is well it's very similarly shaped to the applicant lot that was a new home that they uh so that gets us through five uh comment number number six talks about the um asking the applicant to describe a little bit more about the buffering between the existing properties I point out that lot number three to the rear in particular because that house is closer to your property line what's what's the existing I know it's just partly wooded or screen yeah there's a there's a pretty pretty good degree of buffering I mean if you if you were to drive up my driveway right now you'd hardly see that I have neighbors uh there's a lot of trees and Shrubbery in between all of the all of my neighbors and how is that true in the winter as well uh in the winter you'd see more as the leaves fall but there's still a pretty good amount of uh buffer okay okay and is your plan to add anything there or you think it's sufficient um you know we focus on the buffering because you're asking be a little bit closer to that line we're always mindful of you know neighbors what they can see obviously can see there so um any photos what we're speaking of now the the other houses yeah um mind if I so this is this is the front of the house facing across the street that's can you do me a favor can you take those over there in front of the mic and then we'll try and follow along so these are not numbered uh so picture basically uh each set of pictures is um if you look at the picture of my house then the the the picture that's uh adjacent to it is the opposite of that so it's from my house facing out so for if if you the the front picture there shows my front yard and then the neighbor across the street sir can I can I stop you I'm sorry yeah just I believe is this Photograph that I'm pointing to right here is this that is that is number three that's the view from that's the back of my house looking at number three yeah okay just did you hold that up so they understand which one refering to the fourth page in the set you just hold it up so we know exactly which one we all referring to yeah so this this is the back of my house and then this is the view from the back of my house looking at number three and probably uh also catches a portion of number two so that would be kind of Representative of what of what they what you see from of what I see I now I didn't go on to their property to take a picture of of what they would see um but and this is this is winter time so this is probably as least of a buffer that would ever be there let me ask would you be open to maybe planting some evergreen trees back there yeah okay is that wall so the walls on your property is that it like a stone wall in that photo it looks like a stone wall that's actually um stacked wood stacked wood yeah okay so your property line goes beyond that the stacked wood is basically just on the property line so that that's a good representation of where the property line is of thees on neor property uh yes so it depicts that if you're looking out of your patio to the back yes and then you see the stack wood and that's the property line that's the property line yeah if the board felt that they would want some additional buffering you'd be open to that my wife would love it is a uh it is yeah y it's no longer there but and the changes in the rear are a covered porch that would be kind of no it's not it's not covered and enclosed it's just covered uh overhead okay so it's a one SE I mean one seon yeah a couple season uh uh covered patio yeah with our seas and if I understand correctly you're going to keep your two-car attached garage and add another garage the so you will have garage is for four vehicles is that how I understand it it would be for four vehicles we plan on using the attack Ed portion of the garage as a gym area it's going to it we're not going it will still have garage doors and function as a garage but we uh we'll you put the home gym equipment in there and use it as a home gym and then the new garage will have all of my uh woodworking equipment in is the is the idea on the detached AR would you stipulate to the lighting any exterior lighting on that garage just to be downward pointing so it's not pointing down the driveway and disturbing the neighbor yeah s would you be open to that for all Lady fixtures if absolutely yeah are you anticipating having like motion lights or something um on that garage on the house I I have motion lights now but they've they've been so problematic that I think that we'd just have timed timed lights downward fa yeah like covered on top uh facing down terms of the addition um are you going to make the materials of the addition look exactly like the rest of the house uh so are you going to be reciting the whole thing or just we'll we'll be uh reciting the whole thing because um it's vinyl sighting now okay um and it's painted Vin it's it's painted white we intend to keep it white but changed over to Hardy Board for everything will be new on the outside term everything will be new on the outside garage will have the same side as the rest of the house yes okay thank you still have a similar architectural appearance similar yeah that's a something this board often asks of applicants is that something you be willing to agree to yes I I joke that we're going to spend a lot of money and have the same house just bigger um have you had any um comments or concerns from your neighbors about this project uh no uh I actually spoke to number six uh just to the left of me uh a few days ago he left a note in my mailbox and he said that he's in favor of the project that we intend to do and he was very nice he said that he called the he called and said and asked if he could write a letter and they said that he couldn't he said no uh but he was very nice I I have not met him yet did you have any concerns did you voice anything no he was very very uh enthusiastic about it almost as much as my wife um number eight i i in 15 years I don't I've never seen them uh um number two my neighbor sitting right there uh three um is Chris uh his son Max is friends with my son Christos and he's he's almost as excited as I am cuz we're currently not living in the house we live in my wife's house until this is done so he's he's like when are you moving back already um okay but your plan is to move back in there with your yes yeah okay Dave did we cover your memo uh not yet um just about though I think uh we talked about number six that was the buffering number seven just talks about that this is something the applicants going to have to do identify the limit of disturbance and show tree removal it hand outs a new tree replacement ordinance um you kind of have to agree to that one number seven yeah yeah uh as it stands right now we there's no need for tree removal in order to um do the proposed uh building so uh but I'm sure once all the construction is done we'll be planting some some uh shrubs and trees around the house and if uh and uh potentially in the back as well uh number eight we covered that was about the lighting uh number nine is just a general comment about the storm water requirements and there's probably some more comments on storm water and Mr Quinn's memo um and number 10 uh just statement about having to get certified by the somerset un Soil Conservation District as part of the permitting process I I did I'm not sure if what I have here is that I did go to uh the somerset Union's conservation office have to submit it when you apply for your permit okay and then and you your plan um that you submit with the uh your permit plans will have to include the plan that the district approved gotcha sir just to be clear you're G to you're going to comply with everything that's in Mr memo yes yeah that existing set9 sts1 his application document said it but it's plan plan it's only Char on a plan I think it's correct I think maybe was an application in application docents that had the two the same yeah that's I believe that's what she that's right it was corrected on the drawing you just Mr we have your attention notice that the um environmental commission showed a 40% void ratio standard I didn't know what that meant that's probably a question for Mr Quinn um thank you okay great so Mr Quinn maybe we could shift over to some of your um comments about this did you receive Mr quin's memo as well uh I don't remember getting another memo uh yeah be great um comment number one is about the storm water essentially you submitted that storm plan which largely complies with burners countship requirement right what I was looking to see in commment one was that you're not collecting all the new impervious area but you're collecting the same amount looks like you're going to collect the entire house directly to the dver that looks roughly like a PL right I just I wanted to make confirm that the build is large enough to do that um so that I wanted to make sure you didn't have drywall I don't know if you no there's there's nothing perfect you'll be otherwise you be redundant right right right um number two is just that in that engineering plan that you confirm that all of the house just shade all of the house and state to be directly to the dry Wells and some of his inverts on the pipes he'll know what this means right need to be coming up too high he's going to all house um three is a standard thing if you're going to infiltrate you're going to doil test andely the engineer that yes is that the percolation test yeah he's got to make sure that groundw is not going to impact your dry well and that percolation is sufficient I looked actually these soils are pretty good they're be soils yeah de soils and burn so you shouldn't have a problem he'll sort that out you'll have to submit that as I say here to the CCH ofine right I I did mention that to my architect or he called me and mentioned it to me and he said that uh he's going to have the engineer that did the storm water plan come and do the percolation test yeah or if he has any questions he can call me to about this he should see this I sent it to to Chris and I sent it to you I don't know if you those are email I'd have to the the other two I got maybe because it was coming from a different email went to my SP engineer gets a copy any question um I just had a comment on for to make sure that you properly connected public yes you didn't have accept that I had on the zoning chart that your building High accessive building should be corrected to 16 fo9 because I think that's what the plan shows 16 foot it doesn't create a VAR or anything but it's just accounting yep and I had the same comment David about the L if you're over a certain limit you have to go to S cons again the repair of sheet five will help you walk through that maybe you've already done it sounds um also I had the same con about buffering which I think you've already addressed so um that's all I have oh and the void razor I would tell tell you I skipped over that that's the township requirement they actually tell you when you're calculating volume for the infiltration system to use 33% industry standard is anywhere between 33 and 40 so 40 is not a her of for 40 that he used but 33 is going to serve B 10 okay thank you right that's the environmental commission was pointing that out as well just to be clear Mr antipatis you're going to be complying with everything in Mr Quinn's memo yes yes okay mrus did you last memo of the night we got to get to here uh the environmental commission report did you get a chance to review this come s you got an extra one I very well may have so I I didn't note any like points of discussion that needed to come out of this but as far as I understood there were a number of you potential conditions that they might want to attached on rele these by the board um what I this is just what I took away if I'm missing anything please you anyone feel free to hop in um the first was that you revised the submitted plans to are disturbance I think you already agreed to do that to the other memos here U same with revising the plans to show the soil erosion and siment control measures you already agreed to do that as well um the next was uh that you would make a good faith best effort to mitigate um proposed increase in cious coverage by planning native plant species I believe you've already kind of covered that with landscaping and suici storm water um the next few are kind of just more sort of onsite housekeeping issues um they're requesting that you employ storm water best management practices to uh during site work as part of part of final reging restoration it's very you know kind of a routine thing to do just to keep the site safe while you're working on next gr would be that you would employ best man management practices to preserve and protect trees during site work believe you City you're not going to be disturbing any but we ask to do that as well um additionally they wanted to point out that due to the age of the the home there's a chance that might have INR tanks or red painter best they just wanted you to be careful of that yeah so it takes prop cautions construction finally um they're requesting that we make the good faith best effort to recycle repurpose or gift any demolish material that's not being reused you okay with certainly try I'd like to reuse everything if my wife let me all right okay so take that stipulations on to the extent needed and yeah I think about um additional questions from the board are there any questions from the public for the witness okay just as a reminder this is questions based upon his testimony not comments for or against the application we'll do that separately but if you have a question this is a time okay come on you have to come on up yeah can I can I ask you to to step over to the table and just so that you can respond like really short okay I have a question about the lighting hang on one second I just your name address oh Carol Gutman finny I'm number eight eight Carol 155 what's your last name please Gutman finny Gutman dfy I'm sorry what was your address again 155 South Alward Avenue you thank you okay and what's your question for the applicant I have a question about the lighting from the second floor I don't know how I tried to read the diagrams I'm really bad at that so how does the lighting and the Privacy effect number eight um so right into the microphone please you can do that one that's fine if you can uh U I believe you said second floor we're not a second floor so we're not going up uh we're just kind of going out I thought I saw like this thing on your diagram um on the am I allowed to go there you want to speak loudly please um this is just the uh that's that that's the back of the house so facing oh uh number two and three um sir can just real quick which page of the plans are you referring to A5 okay A5 and I believe you were pointing to the top portion of the sheet is that correct the top portion of the sheet yeah so this is the the back back of the house uh that faces three and two two and three um these aren't like these are windows okay um this is this uh would be the covered patio and uh another patio area over here but this faces back um so you're not building up at all we're not building up we're just kind of enlarging the house that way oh miss I'll just point out relevance to your question the applicant Mr anthy has agreed that any lighting fixtures that he's going to put on the outside of the home they're going to be directed downward or they're going to be shielded they're not going to cast any spillage on a property so that's already I thought he was building up and then he could look not that we're doing anything there's no windows that not be there right now facing uh I I don't I don't believe so the same they are pretty much the same yeah I I think what's confusing is that there's these three you look at these window those three windows that are over the top of the roof for that porch do they open into an attic is that a boled ceiling it's a boled ceiling so those lights are part of the first floor they're not thank you and I think someone talked about the runoff can you make that more into English that I understand oh yeah um the township has an ordinance um anytime you increase in Pur cover depending on what threshold you criteria two this project because it increases over a th000 sare ft I think 3,000 ft in this case is provided to collect an equivalent amount of of impervious cover runoff directed to an infiltration system keep it on the property basically so it doesn't run off site and impact with Jason Pro okay cuz we're downhill um no comment sorry okay it's m system in two pits yeah Mr Quinn would you say that the proposed storm water management system here presents a better you know condition than the existing storm water storm water management system if there is well it's an improved condition it is an improved condition I mean basically they're they're doing no harm also because every bit of impervious cover they're creating they're capturing so okay and the last question was there already a variance it went from 100 to 69 to 61 and my question is when do all the variants kind of stop so I I don't know zoning changes yes since the time that the house was originally built the zoning requirements changed they changed 75 and then they Chang to 100 in your in in this Zone okay so that's why that's what happened here okay thank you and I wasn't here for two weeks I couldn't get a hold of you oh that's a comment okay but those are my questions thanks thank you very much are there any additional questions are there um any comments from the public on this application for or against yes got I'm sorry are you able to come to the microphone if you are I'll ask you to if you can't we will make amends would you like sorry I'm so slow that's okay would you like to sit at the table because that microphone works as well if you'd like to I can stand here if that's okay I just want to say my wife lendon and I give us your name and address I'm Bob Sims s i Am Mass we live at 20 Dogwood way and my wife and I have no objections to this proposal I'm so sorry when you're giving a comment the board has to consider a SW testimony so I need to swear okay yeah so you swear the testimony about to provide and someone did provide is and will be the truth the whole truth and the truth yes I do I'm sorry please proceed and okay and which lot uh do you live out are you at two or three uh I'm not sure how that numbering goes but we're at the right hand of the two lots to the rear okay there's the very large Mansion there and our little house is right there behind okay it's the one with the white pool cover on it okay all right and and your comment is my wife and I have no objection to this proposal okay thank you for your comments thank you are there any additional comments okay see none do you have anything else for us or you want to turn it over to the board at this point uh I guess I'll turn it over okay thank you um so any uh comments or deliberations or motions from the board um to get us going here Mr Sy you give us a sum absolutely okay all right so the applicant here is seeking uh two bulk variances um one's for improvable lot area they're required to uh have 22,000 foot minimum uh they're proposing an existing condition of 18,700 Ft the second variance is for the rear yard principal dwelling setback 100 ft is the required minimum the proposing is 61 feet and 7.5 in um as far as conditions those are the only two variances as far as conditions go uh the applicants agree to complying with everything in Mr SCH memo Mr Quinn's memo and the environmental commission memo with the exception of um at least on the environmental commission memo making a good faith best effort to mitigate storm water by planting uh native plant species because they're going to beid landscape screening but I'm going to get to that second um so outside of the memorandum the memoranda I should say uh the applicants agreed to providing evergreen tree screening along the rear property line subject to the review and approval of the board planner um all lighting fixtures are going to be downward or otherwise shielded I think it's already captured of Mr schizo and then the uh exterior of the proposed Edition is going to be aesthetically uniform with the exterior of the rest of the dwelling and I believe that's it I'm leaving anything out no I think that's it okay awesome I i' just like to say I'd like to thank you for um willingness to improve your house to stay in bur's Township I think we always like when people want to stay and they need for their expanding family to upgrade so I am in favor of this application the approval of this application yeah I I love this town this I think it's a modest improvement too it's not you know overwhelming we don't have a bulk you know massing issue here um so I would be in fav oh thank you yeah it's really looking forward to it it's it's been uh a long time coming thank you I don't see there's anything remaining that much of the exist not much uh it kept it in order to make um the make it really what we wanted it was tough to keep anything so I other than the garage which is going to be a gym I I there's not much that's uh saying yeah I also see this as an improvement I think you're improving the storm water management I think that you are um if you're going to be providing some native shrubs and trees that also help with uh drainage and water um and and I just I see no detriment whatsoever to the to the neighbors so for me I would be the favor yeah I I agree the only I would add is you know I do I do feel given the geometry of this particular plot and the way it's set up I do think there's a hardship associated with the where is you know a house needs to be and is already um and I do feel like it's it's a fairly modest Improvement but but a big Improvement I think in in the final um in the final outcome of the project which I think will help the entire neighborhood so that's a positive um before we go into a motion and because you made some additional comments I difficult here but because you made some additional comments I just want to make sure that there's no additional questions from the public before before we vote here okay I see okay terrific um so I think we're ready for a motion if anyone I move to deem the application complete and direct our board attorney to draft a resolution memorialize and decision to Grant the releas sof by the applicant subject to the conditions um stipulated by the stipulated agreed to by the applicant is that all I need to do yeah I think remember I'm not a variance now you're again under C1 or C2 I think it's I think it's a hardship variance because he the Africa really can do nothing to adjust the improvable lot area so I I think at least on the improvable lot area I Deon a hardship variants uh I'll take any comments on the other variants uh in terms of whether it's a C1 or a C2 I think it's a C1 as well but definitely I think improvables is a hardship I I think it's a C1 because of the position of the existing house it was once conforming it no longer is and they're trying to save it so I'll I'll second the C2 criteria is also called the flexible criteria so anyone wants to make some comments that can also be I could see it be both can I think both yeah I think I think it could be argued under both but I I think we've heard several comments that that you know the house is where it is because of the slopes on the front of the property so I don't know that they had another position for that house even initially knock it down and build a new house I think You' have the same problem that's why yeah certainly it can be a C1 no no I'm not disagree I'm say certainly it can be a C1 and a C2 I think it could I think it could be both because he is making some changes with respect to the rear yard setback it was moving a a little bit but I agree we weren't going to move the house here so I I can see it under both but I think we've heard from the board that I don't think any of us saw any negative um detriment to uh the town or our zoning ordinance and in fact we we viewed it as an improvement to the overall neighborhood and and I agree with Pichi it's nice to see houses upgraded um and throughout our town I think it's better to everyone not just your family so thank you for that yeah I think we said it's Miss are you okay under C1 and C2 I think that's what we great okay we have a second from Mr Krauss she second oh okay did you second1 and2 thank you Miss po CR Miss B yes Mr Krauss yes Miss pich yes yes M poar yes Mr T Cy yes Mr hon yes we said C1 and C2 that right cor yes um chair Jers yes thank you all right good luck with your project thanks everybody thank you mam chairman M approach yes uh I'm G to get out of your hair tonight okay I want to apologize to the board our engineer is not here there was a mixup in our office so I'd like to carry the uh complete in his hearing for the October okay can we carry this or do I need to deem it in complete I don't think I mean I don't know how much the board's going to need to hear from the engineer we we could I mean I don't know is there anything specific that you're concerned about the engineer addressing well I have the unless you got the revised plans I have the July 10th memo yeah we haven't received anything since July 10th and you know you question the plans uh I'm a little concerned about items three and four okay what I don't I just thought we no I mean if if you can that would be great uh the first two items I have uh furnished tonight the notice and the uh disclosure from me as the attorney I think have the disclosures from the engineer and the applicant do we um do you want to go through yeah do so yeah Mr suggest we go through it go about these things so let's try and go through it and see where we end up okay okay we're talking about my uh completeness review memo dated July 10 2024 um there are nine items listed as deficient um some of which waivers are requested I can tell you the applicant submitted number one this evening and uh submitted a part of number two um but I think we're waiting on a um contribution disclosure statement from your surveyor and that would take care of number two okay um and then um number three if you want me to just lead us through these sure number three the um the plans that were submitted aren't to scale I mean I think that's just a printing goof or something okay um there's that's just something that actually needs to be corrected it's not that it's actually incomplete as to content okay um so you'll provide that correct yes absolutely and number four uh is with regard to the zoning compliance information uh just so the board is clear on what this project is it's a it's a property in an office Zone it's got three different buildings on it all on one lot all the applicant is proposing to do is to draw two lines on the map so that each of the existing buildings is on its own lot presumably because they may want to sell Lots off or whatever financing purposes uh they're not proposing any construction just drawing the lines on the map however it creates a zoning compliance review and variance I don't want to say nightmare but one of the uses that's on a property is a conditional use the other uses are office uses they um they all they share a drive way um by putting more lines on a map you're just you know creating one well the reason they're here floor area ratio variances um there's a a school that's a conditional use there's conditional use standards that all all the the requirements that apply not just to the Zone but in one case the conditional use have to be repp applied to three lots and it's not pretty so um anyway they're they're only doing something you won't even see that's being done however technically speaking the zoning compliance information which is what number four is talking about uh providing you know what's the what's the new parking requirements how many parking spaces are going to be on on each lot relative to the parking requirement for that lot we need to know that uh just like we need to know the floor area you know on each lot and compare it to the the new lot areas so all that zoning information although it may seem like going through minutia and a lot of detail it really is but that's technically the board is going to be having to decide on variances you need to know what you know what the numbers are I was going to bring a planner into yeah but for the completeness purposes not for completen there's information that additional information I think most of it was relating to parking and number of loading spaces and and uh things like that and um yep you know of course that's something your engineer can put together and just informally send it over to me and I'll right let you know so you'll agree to number four uh number five uh is a Wetlands delineation verified by uh D um the applicants requesting a waiver of that I given all the circumstances starting off with the fact that they're not building anything but also that um I mean the situation is we have an outdated Loi there's a conservation easement on the property already even if they went and got Wetlands red delineated and everything the property is filled with there's a a pond detention Pond there's buildings parking areas driveways and then little strips of wooded or landscaped areas not going to accomplish anything by Red delineating Wetlands even if they were to change so I would suggest that uh the board doesn't need the U anything other than the the plan that shows the existing conservation easement that contains Wetlands that were delineated back in 2011 um number six is a project report uh an environmental impact assessment applicants requesting a waiver for that item I wouldn't have any objection to that and and of course with all of these things the board is aware that even if the these item waivers are granted for submission if something comes up where you want to see anything that has to do with anything that was waved you could always request it from the applicant during the course of the hearing um number seven is a fire service plan that shows um specifically items related to fire safety uh hydrants and curb radii where the water lines are this and that um I I discussed the project with the Fire official he had no objection to waving that as a submission requirement knowing that it once the he he and the fire company reviews the application as they normally would um that they can ask for information that um may have been shown on a fire Serv plan uh uh so that I wouldn't have a problem that item we're not going to have to request them to do it it is required for them to do it they're required as a submission requirement to provide a fire service plan okay Oh you mean the Fire official reviewing it um whatever number seven is in failing number seven is the plan okay that usually the Fire official and the fire company would focus on when reviewing an report that says here's you'll get a report from them it's the matter of procedure okay uh and anything they may want to know that they don't have in the application package or they don't know already from being at the site doing inspections and things like that they'll certainly ask for it okay so are they asking for a waiver for completeness or a waiver all of this stuff is just for completeness all of these waivers it's just that they don't have to submit it up front if something comes up during discussions while we're hearing the application and you said oh maybe we shouldn't away that I need to know more about that or this or whatever just like anything you could ask if it impacts the application you can ask the applicant to provide but once once plans are submitted they go to the Fire official and they would review them then any oh yeah yeah yeah yeah yeah that has nothing to do with um comple just this item has to do with the Fire official but they review all site plans and subdivisions yes um number eight is documents establishing any proposed Property Owners Association or other organization uh proposed agreements easements intended to provide for the use in maintenance of common facilities such as the existing and proposed Shar driveway um the applicants requesting a waiver of this item um in my opinion I don't I don't see a need to have drafted documents that are ready to be signed by the three new Property Owners uh whoever they may be but there needs to be some sort of at the very least narrative explaining the types of agreements there will we know there's going to have to be a shared driveway an access easement among the property owners there's most likely going to need to be utility easements running across the Lots um how is the management of the properties I mean since they're not building anything I I think some of the main concerns with this project are going to be how the what's it going to be different in the future three separate property owners what if one of them's maintaining their property nicely and the other two are not you know are they absentee owners or stuff like uh garbage collection uh delivery snow plowing retention cons has to manage that for all three proper there should normally and what we see in other similar situations in town there's there's is an association and that Association is your point of contact and the owner the the responsible entity for making sure the property stays well kept managed the snow gets plowed uh and all that kind of stuff in addition to the Cross easements and things that have to be um just to make it work uh uh but that's um so I would suggest we we get an explanation and writing from the applicant on the types of things that you propose as what's going to how you going to handle that I agree with you okay um and number nine uh photographs of the property the applicants requesting waiver that I I see no explanation why the board should wave that um I I mean just just give us some photos we will okay so you're no longer looking for a waiver of the photographs correct good choice yeah one there's yeah right close to manary Road there's like a house that was converted a while back to an office behind that that's a bigger office building and behind that is is is a is a bigger office building yeah they're I think the one in the front maybe 194 uh then 188 180 there's um Montgomery academy uh private school and a learning experience is that the other tenant there or okay and then da just going back to point two does that remain incomplete is that like an incomplete yeah the the um it it's yeah the applicant provided one of the statements that was required there's at least one more that's required uh that I'm aware of there for the surveyor um and I the It also says any other professional that you're bringing if you have a planner we need one for for that person do you want the surveyor to testify normally I don't you know I'll have the engineer test I wouldn't think so unless you free to normally yeah so You' still want it even though the surveyor is not going to testify he prepared the plans that you committed so that's okay the no problem that's what the ordinance Rees no problem okay is that everything everything's agreed upon okay so just to summarize so we have a number of waivers um that Mr Sly just took us through with the exception of number nine and number eight I'm going to give a narrative rather than the document I think and five six and seven are straight up waivers y back to number eight for a second in order for them to finally get the approvals through the township the board renders an opinion would they have to submit that information yes if the board approves the application before they can file their subdivision map in the county clerk's office they'd have to provide those documents the board would see the gist of it what what the board wants to see in those documents and they would be sent to the township attorney usually unless the board attorney really wanted to look at them uh for a review and the um the township before the town signs off on the plat the final subdivision plan uh all of those documents need to be ready to go and it all gets recorded at the same time just like easements if there were new easements but agreements same thing I was just gonna ask you recommend so should we have the board you recommend finding incomplete I would I would suggest immate in complete uh granting the the three waivers uh and uh and the I guess modification if or whatever you want to call number eight providing a a narrative is what I suggest providing that and and uh the applicant is still incomplete as to two three four and nine and and part of eight okay than you thank you anything else thank you very much thank you um okay so we'll open it up to the board do you want to summarize I mean I think we're going we're looking for a motion to motion to Grant waivers and modifications as put forth on the record and to find the application to be in complete right now these are the waivers on five six and seven No 2 three4 N they need to comply with still yeah four yeah five six seven are waivers um um I think that's yes I will make a motion to deem the application incomplete B it and and to Grant the waivers requested by to Grant the waivers requested by the as to 56 and seven as to 56 and seven to Grant the modifications for uh for two and uh and eight okay to Grant the modifications for been really thorough here you thank you Miss PFF I'll second thank you bman so just to questioners yes so the motion was to deem it incomplete yes yes that means then Mr schai that once the applicant submits the items that weren't weighed and the that were agreed to there will be an updated memo from me saying everything's been submitted and the board will put it on an agenda and presumably deem it complete the applicant wouldn't have to return at that point because it would just be a matter of procedure complete at now right any questions on that or any changes to the Motions okay I think we have a motion in a second m b yes Mr yes M Pichi yes m yes Mr yes mron yes chairwoman Jers yes thank you thank you thank you very much this one on paper looks easy complicated okay next on the agenda sorry for going out of order but we're back uh on track now 7B mcfaden which is ZB 24011 Madam chair while the applicant and wether architect is approaching I will just point out for the record I reviewed the applicant's notice I found it to be sufficient both to its content content and time of service it was sent to owners of property within compet of subject property on August 15th 2024 and also published in the Burnville news on August 8th uh thus in my legal opinion the board is jurisdiction to hear and decide this case thank you Mr situated okay so uh Mr Bo you're a frequent flyer here the be testifying as well or just you uh we'll both be testify okay so we're going to need both to stand up and raise your right hands professionals okay do all of you swear or affirm that the testimony you're about to revive will be the truth the whole truth nothing but the truth who's first hi um my name is Erica mcfaden and I'm the homeowner at 22 Cedar Street and I'm one year into the home and while it's a wonderful lovely terrific home it is also a 100 years old and so I'm just looking to bring a little bit of some some updates to the home um to make it a little bit more convenient for modern living okay dve thank you m thank you we have uh two variances um the major one of which is a Mr Ruth could you just give the board your uh your credentials I know we accepted you in the past not um make sure license is still in good standing Booth 33 bullion Road Basking Ridge I'm a licensed architect uh been practicing in town here for a couple decades um my license is in good stand welcome back he's accepted we we will accept him it's not thank you you um so uh the major variance request here is uh for lot coverage uh we have an undersized lot in the r six Zone it's a 3/4 acre Zone uh this L is only4 3 acres so we're going to exceed the lock coverage U pretty quickly on a small ey um the um last uh record of a permit application on this property uh was in 2003 um Erica acquired the propert last year 2023 so in 2003 um there was a uh two-story Edition on the back of this house and a detached garage constructed and uh at that time uh that was all done without a variance um those improvements though represent the uh acknowledged um since it was all permitted and inspected and closed out the status of that Improvement in 2003 is the uh acknowledged uh coverage on the property and that coverage is 18.6% um lo and behold um over time uh there are various other coverage uh elements um it seems like around 2011 a slate patio a shed a fire pit some other things were uh improved on the property without permit um by a previous owner um so that the present coverage on the property is 19.90% so that's uh I just want to outline those percentages because um our proposal uh will modestly increase the coverage by 14 square feet we're going to end up at 19 .98 uh% uh but what we have to compare that to is the uh 18.62% which is the acknowledged uh allowed legal coverage on the property the 18% 18.6 to was the approved that's the approved right correct which exceeds the the uh ordinance 18% um basically the uh the proposal is uh to add a one story 247 foot U mudroom and side entry to the house um right now with the detached garage you have to uh to get into the house you have to ascend u a set of stairs I'm going to reference a photograph here if I may is that submitted with the application Mr it's included on the plans in a smaller version okay but it's an accurate depiction of the property yes it is okay you know when about that picture was taken this was taken in uh January of 2024 okay great thank you um another question just because you're referring to the plans make can go back over there but could you just give us the last revised date plans just so we know we're all looking at the same thing plans are dated June 11 2024 2024 okay great thank you so I I just want to uh present this Photograph because it really is the best uh visual for the location of the proposed Edition uh this is from the uh west side of the property uh and it shows the uh current access to the house you have to ascend uh a set of steps up to a deck and then in through a a porch um The Proposal is to um enclose the porch so that's with that's 66t within the existing footprint but then add a n by 9 by9 I believe uh one story Edition which would have an entry at driveway level here so it's going to make it an easier access on a daily basis in and out of the the actual entry elevation will be between the first floor and the basement um sort of like a split entry if you will um so that I'm referring to page one on the drawing uh so that in the section view you come in you go up half a flight of stairs to the first floor level or you can go half a flight of stairs down to the basement level um but thing is having a convenient accessible group in and out of the house and a mudroom function so um and then are those stairs that we were looking at removed just to make the deck stairs will be removed reason for those so they'll it remains detached no we're not connecting if your question is we're not connecting to the garage the the the corner of the garage is depicted uh I didn't I'm not showing the full uh plan view of the garage but you can see the relationship the first page of the corner of the garage to the to the house we're we're 11t away from the uh proposed addition to the garage and then um you know about six or seven ft from the driveway curve into the house um so um that's basically the proposal for the addition do you have any are there any questions on that um the second variance is um for a uh Ro overhang at the front door uh because the front of the house is non-conforming uh at the front the requirement is 50 ft the existing house is 36 feet from uh Cedar Street so um there's no protection you can see the photograph on on on the very first page of the submission there's no protection at all the front door blank uh Gable so that back door takes a pting there's no protection for anyone knocking on the door so uh we're just going to we're not even uh installing columns or anything like that we're just going to have a an overhang decorative brackets to uh to uh protect that area and that's the elevations of that agage uh two there's just a partial elevation showing the port the Portico roof and then a side you but that does require a front yard variance um so is the I'm sorry is the overhang projecting closer to the street than the house already is or is it yes the overhang will project uh 2 fo n in forward of the existing cable okay so as it stands right now what's the front set back on the house 36 ft 36.0 and the proposed uh front yard to the Portico to this uh roof overhang will be 33.3 ft 33.3 okay you're not changing the steps or the landing not touching that what kind of Landing is steps it's a masonry Landing I think it's brick right yeah there's I think three steps going up it's it's exactly how it is there John we're not changing it so you can photograph I'm sorry you speak the microphone I think this number of steps is is right on that photograph that none of the masonry work will be changed it's just really adding something so that if you're standing on the current existing masonry you're not soaked we say it's more of safety verus an aesthetic issue well it's necessity safety aesthetic um I am just finished fining chemo and I have some very expensive drugs that are delivered to my home and they're just out there in all kinds of weather and I would just like you know to have things that are delivered to the home to be somewhat protected yeah and so for me it's necessity because I have these medications being delivered to my home will the um the exterior of the addition be consistent with the rest of the house yes we're going to match the material and detailing and design and all you know trying to because it is a it is a a lovely small house yeah and I could see where you want to keep the design of the house absolutely everything will be done and we're the goal is to match the stucco as they did 23 years ago when they did the first edition they match the stco to the original stco have any of your neighbors made any comment about the project they have not no everybody's been supportive you know just happy that I'm sorry oh I'm sorry yeah um the few Po Folks that I have spoken to are just you know happy that we're making some new improvements to the house do you have I'm sorry can you stand there for a second sure um do you have any um water issues uh at the house now in terms of uh water runoff Orting or anything like that at the house now either in the house or on the property in and around you um you know it's hard to say I haven't been there all that long um along my back property line so we my house number five a buts property number number 10 MH they had must have done a big um renovation and I think there was a large Thicket that separated those two properties which they cleared out when they did their renovation okay um so it looks like there's water that's running down that backline property line and there's also no screening so they did not put screening back when they did their renovation my goal not necessarily related to my renovation is to add more screening Shrubbery on my side of that property line I can't speak to what they're doing but yep I do have runoff back there okay so you said you you are planning to put some landscape screening on the back okay for privacy yeah do do you have any anything in mind right now or is that like a future thing to think about doing you're going to do that in conjunction with this um probably you know towards the end while you know when everything is is finished hopefully maybe next spring okay would that be something you'd be comfortable with agreeing to do if the board will approve your application oh sure yeah thank okay and maybe Mr Quinn might want to make some comments around that when we talk about water if additional plantings might help alleviate some of those concerns Mr boo I mean the additional I guess first story addition here will that have gutters that then go up to the driveway or where would that be routed the water all all the U the existing leaders let out at daylight red gr and so uh on this side of the house and so uh they then roll on the roof water rolls onto the driveway the driveway has a a granite curve uh and the water this surface runoff is forced to the main storm system out of the street uh for the addition I don't propose any other difference change to that would go off the driveway to the street it's now yes uh Mr booth in terms of plan what do you can you discuss any of the lighting in the addition are you going to be adding any lighting and how is that going to be directed because there is number 10 behind the house and number six and four on either side at the at the proposed Edition we have a uh a loop overhang at the entry so that will allow an opportunity for a recess Light Within that overhang oh a recess light okay at the entry door of our addition what about the mud room in that area that uh Entry Way well certainly be interior lighting okay but nothing no we're not proposing uh flood lights or any directional lighting no there there is a flood light now um so on my garage facing Cedar Street and then in the corner of the house almost um I guess Illuminating the area the grassy area where we plan on doing the uh renovation there are existing you know spotlights there yeah right there uh and which which come out but I don't I think the lighting going forward would be more like um decorative like that and there have been no comments from the so was no it was all there when I moved in so would you lights back here uh no we just have the decorative lighting back there okay would you be comfortable with a a stipulation or a condition that should the board approve your application any lighting fixtures they're going to be downward directed or shielded just so they're not spilling onto properties nearby sure okay sure thank you anything else from you Mr um there there's one last comment uh I'd make for your consideration is that um you know Eric and mcfaden is is has inherited these non-conforming coverages from a previous owner so I just want the board to be aware of that that um because we almost had a chance to create a net zero uh coverage situation with our Improvement relative to what's there today but that doesn't matter because of of of the history of the property but the last thing I wanted to mention was um you know there's the inherent hardship of the size of the lot in the r six Zone but I also want to make the board aware that to the north uh when you come down Cedar Street traveling from Finley West um on the left side is the r six zone so all those properties uh you can tell from the aial that they're similar size in similar situated um I think they're all non-conforming um in similar ways to to the subject property but the other thing is um to the north as you if you were to turn onto Rank and that's all r s Zone half acre zone so uh that's those properties have a 20% uh allowable coverage so if by Fate the The Zone boundary were on the uh South Side of this property instead down the street we we wouldn't be here because we'd have a conforming uh lot coverage and I I I I think I would suggest that Cedar Street and is visually related to ranking ranking a same size same period home I don't really see what how why that would be a distinction but uh I just wanted to point that out as well noted we will not blame the applicant for for transgress and don't blame the board for doing the lines because we don't dra that was a long time ago so fair as Fair okay um any questions from the board for Mr Booth any questions from the public for Mr Booth yeah well I think Mr SL is all comments I didn't know any conditions or yeah unless anybody has a question about any I'm just stating some facts and some coverage numbers yeah and thank you for laying out those numbers I actually love the way heay out those numbers he I know he does so and then Mr Quinn yeah turns to drainage you ask a question about drainage and actually Mr Booth had helped to answer the question for me so it it appears that everything from the garage face goes towards Cedar Street so as I see this that means that the 247 ft addition that you're putting is forward of the garage which means it will spill into the driveway or front yard and go towards Cedar Street right so be there'll be no additional runoff heading to the backyard because I heard there was some concern about runoff in the backyard I don't know what's happening there who's creating that but the way I see it the addition is going to the front yard and you're removing a patio that is behind the face of the garage which was likely contributing to run from the backyard so I don't see any detriment helpful regards to any of this okay thank you you Mr Quinn I I did note there was one condition in your memo possible condition to revise the plans to depict soil erosion inste ofate control measures I think the T engineering department require that anyway they will yeah they want to see that it's it doesn't require certif likely won't require certification by so Conservation District but the township engineering department we want to review and see where got Sil fans or and and you guys will comply with that obviously yes okay great um two other points Mr Quinn will I got you from the environmental commission memo um I didn't note any testimonial points from that but I did note two potential conditions I'm just going to run these by you if you think they're necessary because we'll defer to you on this um first would be the applicant to make a good faith best effort to install site features that will promote the recharge of storm water from the roof leaders you think that's something that they should do or do you think that's not really necessary here in this I would say it's not very NE necessary I think again the reasons I've stated they've already improved well the addition has not made anything worse because the run's going towards the road where you wanted to S properties are packed the removal of the patio that discharge to the backyard I think improves the backyard condition so I don't find those okay any any of that measure to be necessary okay same same sort of question with the next potential condition uh environmental commission suggested that they plant um Native PL species to mitigate the increase cious coverage I believe they did stipulate to providing some screening in the rear correct that covers that which is apparently where the water issue is so there' be some Direct that's fantastic okay but we have that as a s that's right y great um all right I jump g a little bit from a question perspective so I just want to open it up to the public if there's any questions based upon any of the testimony heard any additional questions from just to make sure I understand at Mr comment so you weren't here and were to sh remove Pao cage I guess not slightly I'm sorry slightly over so there were improvements that were made without variance right and that pushed it to 18.62% that pushes to 19 okay got so it's more than those see what you're you're yes so essentially if those had been improved and you were coming here now for be 8% increase in the 14t equals 8 that's our additional coverage what's there today any other questions from the board any comments from the public on this application anything else from here you ready for the board yes I will do my best to summarize Madam shair all right applicant here is seeking two bulk variances the first is for the principal building front yard setback 50 ft is the required minimum in this Zone the r six Zone uh existing existing front yard set back from the dwelling is 36 ft closing set that's Mr be testif I to earlier uh additionally they're seeking a lot coverage ratio variance 18% has been a maximum in the r six Zone they're proposing 19.98% as far as conditions go they would comply with the uh only ra condition that was in Mr Quin M dated August 30th 2024 that's that they're going to depict the soil erosion s control measures and they'll be subject to further review by the T of engineering department other conditions the uh the exter of the magici is going to be aesthetically uniform with the with that of the existing glowing uh applicants could to provide landscape screening along the re property line subject to approval of the board planner and any exterior lighting fixtures are going to be directed downward or otherwise shielded so as not to cast Village on neighor properties and I believe that's it all right thank you um okay does anyone want to kick us off here with either some comments or motion yes again I as the previous application I always like when people want to improve their houses in Township and I do think that the improvements are aesthetic and you know certainly safety and nature a nature in the front and it's going to improve the look at as well as the value of the home so I would be in favor of the application I fully agree stre ches thank you Mr alvison other comments yeah I I would just um add I agree we and you know we're always focused on um the lot coverage here you know I it as um you know it's 372 feet over I know it's only a net of 14 but we got to look at it from from a whole picture I do think the net net Improvement is better use of that space so I'm happy about that we hear that the water situation is probably going to be better than it is so so I am uh comforted um by that but I do look at the total overage number and given your undersized and the way that you're using it and the water um prevention members and your willingness to put in Native shrubs and everything um makes me uh comfortable with being supportive any motions there I'll make a motion all right all right I will move to deem the application complete and advo advise on board attorney to draft the resolution memorializing our decision to Grant self relief subject to the stipulations agreed to by the appli you C1 and C2 thank you Mr T I'll second thank you Mr Krauss Miss Balman yes Mr kuss yes M Pichi yes M poar yes Mr yes Calon yes chair Jers yes thank you good luck with your project and we wish you good health thanks well thank you yes sir okay next on the agenda is 7c which is Daniel and Amy Cook ZB 24012 Madam chair while everyone's getting ready I'll just point out for the record I reviewed the applicant's notice of this application I found it to be sufficient to get the board jurisdiction hear and decide the case it was sent by uh certified mail owners of property within 2 subject property on August 23rd and also publish in the burn news on August 22nd more than 10 days in advance open ready when you arei welcome back good evening thank you nice to be back good evening Madam chair members of the board board professionals Frederick zeli post poock on behalf of the applicants Daniel and Amy Cook this is regarding 43 chimney Ash Farm Road in Basking Ridge it's block 21101 lot 42 located in your rc-4 Zone uh we're seeking two variances this evening uh they would both be C2 bulk variances one for excessive impervious coverage and one for excessive floor area not to be conf fused with the floor area ratio this is just a c bulk variance uh which I'll discuss in just a moment uh the lot coverage I believe is our main variant so to speak uh we are seeking 24.3% where 20 is permitted Uh current measurement is 22.4 I do want to point out though that of all of those numbers uh 3% of them uh or 893 Square ft is comprised of Open Water surface between a swimming pool um and a Spa uh as you know we've discussed many times this doesn't affect your storm water since none of that water goes anywhere uh so if your ordinance were such as some other towns where that's excluded right off the bat uh we would actually be conforming currently and we would only be seeking 21.4 and a 20 as opposed to 24.3 and a 20 sorry so that difference was 1.4% so without taking the water into account it would be 21.4 and 20 is permitted uh floor area is a it's a very modest uh excess we're looking at 202 Square ft uh 2,862 is permitted uh we're looking for 202 more than that or if you want to look at in terms of percentages we're looking for 107% of what's permitted uh again this is floor area not floor area ratio uh there's a Supreme Court case rson States versus mayor Fair Haven uh and what the court describes in that case is that floor area is really uh designed to combat what's called Monster houses uh this is certainly not anything that's happening this application uh but it's different from floor area ratio which is uh designed to address other issues and as you know would be a use variance I have two witnesses this evening uh Amy Cook one of the applicants uh and Raphael D Silva who is our architect he's also uh sort of standing in as our engineer to the extent that such things are uh such issues are coming up if the board has any questions for me otherwise I will move ahe with our two witnesses okay professional and with that I'm going to ask Miss Cook to exchange places with me good evening Amy Cook it's a pleasure to be here and I appreciate your time in hearing us and and going through the project with us frad would you like me to you're GNA ask me questions unless you want to go where I give you a soliloquy here miss cook just for the record where do you reside I reside at 43 chimney Ash Farm Road okay and with whom do you reside there uh with my husband Dan who's here with me tonight and with our three children ages 11 and twins that are seven okay and our dog girls both uh we have an elder son who's a boy and then twins that are boy girl and I'm sorry what ages did you say uh our eldest is 11 and my twins are our twins are seven years old okay so some of us refer that to that as six years from driving so that is scary if you would you describe to the board in your words Rafael is going to give us the details describe your house as it currently is sure so we have a four bedroom house with two and a half bathrooms and what what rooms are what rooms are in there now what ones are big what ones are small just to give an idea what you're dealing with currently sure so it's a traditional Center Hall Colonial uh you walk into a traditional entryway with a relatively small kitchen at the moment and uh kind of cramped dining room um four bedrooms upstairs with uh two bathrooms and a half bathroom on the first floor and again Mr DOA will get into the details but what are you seeking to do in your own words and to combat what sure so um my husband is a pilot who has gone up to 16 days throughout the month and during that time I work full-time and having three children I require some help um my mother who is aging spends a lot of time with us and at the moment rotates between my children's three bedrooms so while she appreciates spending time with the kids um you know in her mid to almost late 70s um we were seeking a place for my mom to have her own room and dresser and place to kind of keep some things so when she's with us helping um we do also have a full-time sitter that helps us uh just with the endless amounts of driving and activities and things that we do um we like to host family dinners um my sister and her family live in New York City so as you can imagine New York City isn't quite large um they most often come out to us and when you have our children and my mother and my sister and her family and and people it's just not a tremendous amount of space uh we have an original kitchen that was constructed in the home was built in 1986 so when we were looking to expand the kitchen we said how could we better suit our family by redesigning the space and allowing a little bit um greater kitchen area in addition to adding a bedroom in the basement where my mom would stay with us um when she is helping out um I will note we did look at multiple houses in town and lost all offers um which brought us back to the drawing board of our existing neighborhood uh we love where we are we're on the end of a culdesac we are close to Oak Street School which was my requirement I didn't want to disrupt my children we love it there our kids are thriving uh we wanted to stay in that area and we love our neighbors so it brought us to the um idea to redesign the space that we had uh within the confines of of 43 of Chimney Ash Farm Road um and with the redesign so let's start with h what parts are intended to help your mother uh you talked about a basement bedroom this is a walk out basement correct correct it is a walk out basement where we'd like to put a bedroom down there for her and add a bathroom okay and what else would be in the basement if anything besides that bedroom we were looking to put a home gym there um when my husband's gone the challenge is I like to work out in the morning my kids are too young uh for me to leave them alone to go to the Y or to work out to work out outside the home so like to have a workout area that I can work out in the house and then upstairs you talked about enlarging the basement at the kitchen correct so we we need our kitchen is um falling apart we have cabinets that are barely hanging on at the moment um so with the redesigned kitchen we'd like to have an expanded dining area and just area for like I said um my mother and and children and everybody to be able to sit and and kind of utilize the space better and I Rec off correctly from our discussions in the past you have somewhat of a home office area homework type area something like that and correct address yeah right now as as you can imagine in the houses that were built in the 80s there's a desk that's in the in the kitchen at the moment um we were putting a little bit of an office area that I can put my laptop and and have a place um when I'm working from home and are you also adding features to the exterior areas of the home we are so right now we have a deck the the house the proposal is to push the deck out or pardon push the home out to the footprint of where the deck is now um we wanted to add one covered area so that we can enjoy dinner outside and not be braving um you know the beating down sun or whatnot if it depending on the elements and that area would be off of the planned dining area kitchen correct and you said part of that's going to be covered or that whole area is going to be cover correct part of the deck would remain just an open deck and part of it would have uh just a roof over it uh the addition that you're describing the main addition to expand the kitchen is directly behind the home is that correct that is correct so it's not visible from the street is that fair to say that is fair to say okay um have you discussed anything with your neighbors uh about the application we have we've talked to um most of our neighbors in fact two two of them are here with us tonight um in support of us so we have with us representing so we're at um 43 or sorry lot pardon me we're number 43 but on the map it's um 42 we have with us tonight our our neighbor that lives resides in number 47 and then our neighbor that resides at number 40 is also in attendance Eric prman um um our neighbor in lot 41 wanted to be here but is currently they are in Savannah dropping off their son in college they had requested to write a letter but we understand that letters are non-permissible um they are in full support and our neighbor number for um and number 43 is also in full support let me ask you a question that came up in the reports there was a shed on the property correct that you are planning to continue to keep that there correct correct okay uh and it's mentioned in the reports that there was an application that was denied uh and what were the circumstances of the deck being uh put on the property reason the shed yeah so we had come um to look to put the shed on the property my husband had come with the application uh it required us to come uh to get a variance at the time we tabled that then covid hit and we needed to redesign our home we were hosting our family gatherings in what was our garage or what is our garage I should say with the doors open as you know we weren't trying to stay out of uh contact with everyone at the time we wanted to have a place to relocate the gas cans and the uh ride on lawn mower so we could make room for the um couch and the dining table that funny enough were moved into our garage to host Christmas several birthdays and Etc um so the shed was put in to remove and redistribute with the intention to um address the board for a variance was it your understanding that the reason for the denial was the same coverage issue that we're dealing with tonight correct and for the record to your knowledge is the shed compliant with regard to setbacks and other requirements yes it is so sorry I just want to understand that better app for a variance for the shed or the per for the shed the permit application that was denied because of the C because we needed a variance at that time oh forgive me if I misspoke yeah we needed the variance at the time just checking through the reports real quickly but it was never appli for this board it was just a they didn't apply for the variance okay told needed a Vari we were told we needed a variance at the time the board didn't hear that yeah the board no no the board never heard thank you just to go through a few things uh we need you to commit to as the homeowner uh you understand that one more question the denied because of the location what was the why did you coverage coverage coverage correct so so we're covering it this evening belated but we're here in 2020 yeah I was in right during covid on the start of Co the uh open porch area we'll call it actually there's two correct yeah the main one for eating correct on the left side of the house from the perspective of the street uh and then a smaller one between the driveway and the mudro is that correct that is correct those do not count for floor area because they're open allbe a cover they are not walled okay there would be a condition of approval If This Were to be approved that you'd have to keep those open you'd not be able to enclose them unless you came back for another variance that is correct and you're willing to accept absolutely and you brought up a point um part of the plan also includes just adding a mud room as you can imagine with three children uh two boys play Ice Hockey um my daughter plays a cross they come with a lot of stuff um we were hoping to add the mud room to be able to put the bags the cleats the numerous equipment that comes with it I guess I I have a question Mr z uh and for M cook so the permanent application for the shed was denied but the shed went off anyway in 2020 it did during covid correct okay and the existing walkways the playhouse the playhouse is almost almost all gone now that all that's left is framing which will disappear when this project is done right the playhouse was there I'm asking about the playhouse did you put up the playhouse we did not so the playhouse was there when we moved in okay and what about the uh existing walkways that appear to be unapproved coverage they were there when we moved in okay so the only thing that went up when you were oners was correct okay yeah the uh the swimming pool was approved as Mr SCH mentions in his mem the swimming pool was approved but as we've all seen happen many times the surrounding patio uh was not part of the plan until after it was built and then suddenly there was a big patio surrounding it uh the sh all of this was before the cooks own the property I'm sorry surpris I saw that I don't know about that that's an interesting question so if the um sometimes it depends on the timing of the pool if there wasn't a house next door to it which happens a lot of times to new developments it's only when there's an existing house 2005 I believe it was when did you buy the house in 2011 no I'm sorry 2013 I keep messing that up forgive me 2013 okay I had a question about the shed does it have the proper stone foundation and be required to put underneath that or was just put on the grass it has the proper foundation and I know um rapael was going to speak to we put it in the architectural plans that it has the proper setbacks and um I believe it's um pavers it's on yeah I don't think it even reques found any yeah there's gravel as well the uh the Construction office does l no it's it's not a large shed similar to the uh maintaining an open porch area when you're dealing with the deck it needs to be of a design that has uh spaces between the planks in order to allow it to be a structure under the ordinance of this Township and you understand that yes I do okay and you understand that that would have to be continued in perpetuity in order to avoid having to come back with another coverage VAR correct uh we've already addressed the swimming pool uh again that was swimming pool and the surrounding patio was all there when you purchased it you didn't have anything to do with that that is correct I'm sorry can you say that question the swimming pool and surrounding patio areas were all there when they purchased you didn't make any changes we did not and the and the playhouse was there which we have since taken down no it's um it was in the tree almost like it was a treehouse but it had a roof which is why they were deeming it coverage so my understanding is that what's shown in the pictures I believe is all of it's down except for some of the framing pieces and those will come down as part of the project correct workers there EX exactly yeah we just needed equipment to help take it down like what I'd like you to do I'm going to show you the photographs that have been submitted to the board for the record I took them myself shortly before the filing of the application in the interest of time just please go through them quickly just tell the board what each one portrays and confirm if that's still the way it looks today sure just take them in order because the board has the same exact St the same way so looking at the the first picture this is just the front of the house look um looking at it from chimney Ash Farm Road the second picture is taken if you're standing at the top of our driveway the third picture is if you're standing Midway on our driveway and the shed in front of the pickup truck is the shedding question correct the next picture is from the driveway looking at a back angle to the house the next picture is um a rear picture of the house if you're standing if you're walking through the gate towards the back of the house uh this is a picture of our current deck as it stands today so essentially the kitchen Edition will be in this area that we're seeing in this Photograph correct uh the following picture is also just another rear picture showing the back of the house and the deck as it stands today the next picture is the back of the house just approached from a different angle looking upwards at the deck let me ask you about this picture let's stick with this one for a minute sure so the area that is now outside of the walk out basement doors yes uh is the proposed covered porch to be above those doors in essence yes correct okay and then those doors would be egress doors for your mother and in the basement anybody would be sleeping down there correct and they were they're adding a separate a second entrance that would be kind of where you see the lattice currently there would be another entrance um where the lattice is at present all right go ahead the following picture is just a picture looking at the pool and the patio area and the shed and the shed the next picture is a rear picture from the back of our entrance looking at the back of our house showing the pool and again the deck area that would be the addition and there would be a new deck closer to the photographer in this situation correct and this is the final picture and the final picture is standing directly behind our house looking back at the pool and the back of the house just would appear that the only potential view of the addition would be possibly off the culdesac depending on foliage is that accurate that is correct and you're not planning any changes to the front facade of of the house no we are not to the best of your knowledge is this going to require the removal of any trees it is not I have nothing further from Miss Cook at this time that's the open space is established as part of the it's a cluster Zone yeah there are houses behind the other yeah of those houses face right are you aware of whether or not any of the other houses have similar Footprints in fact all the other houses have have had additions over the years ours is the only house that has not had a bump out so you can look on the on the picture here um if you look at lot 43 um about 10 years ago I believe it was they put a massive addition off of the back um 41 as you can see has almost the same size addition of what we are looking to do um 40 as well so it it's consistent with what the other houses have at present time we don't I mean it's not a tremendously steep property but I don't know does anyone want to comment the front of the house slopes um upwards so the if you's see if you can see from the correct if you look at the second picture you can see there's a uh a slope down yeah let's see if it's reflected anywhere generally starting with the foundation of your house the property slopes from front to back correct correct from the street downwards does all of your driveway slope out to the street or does some of it go to the back and some of it go to the front the run off from the pav you know um what would you say yeah I mean so so let's why don't we swear you in just to be safe I appreciate that this will be Daniel Cook hold up my hand yeah Mr cook you got it what you doing you swear or affirm testimony about the truth the whole truth nothing about the truth I do please proceed um yeah so um we are so Chimes Farm Road it's kind of hard to see from an elevation standpoint here but yes it runs it looks a little bit of a grade down um we are uh if you were coming down the street you would almost be like the cars where would be higher right and then we pulled down our driveway our kids skateboard down our driveway so it's a good Hill for that that's kind of give you an idea that yeah it the elevation is higher up by the street and it slopes down um when it gets to our house um it is pretty uh uh flat when you go from like where the pool begins uh to the back of the property um but there's a slight grade in between that area you no that's flat in the back M well there is there's like well there's um it's always been there since we've moved into the house but um there it's mulch back there um with some shrubs um on that side of the property that's uh actually uh in 41 that's just all what you would see behind the property it's not um uh it's not even like walkable well yeah there's a little there's a little dip there yeah it's hard to say like I mean from a so if I can add so if I can add the uh the lot does slope down towards the southeast corner of the lot um from the street comes down it flattens out where the house is a little bit which is why um the driveway has a a bit of a fan tail onto it so so they can turn around like because that's kind of the flat part of the lck and then starts to slope down again towards the patio area and there's actually a retaining wall there that holds that uh that grading back and then the pool area is down a few feet and then that's leveled towards the back there does it also SL 42 to 43 it looks like on the pictures at 43 is a little bit lower it it does slope towards that bottom corner of okay and so that's why the uh if you look at the elevations in my drawings you'll see that that's where the walk out basement is they strategically put the uh the doors there because the rest of the lot where the where the garage is is up high nothing further for either cook at this time I know you said nothing in the back here isn't to be touched at all no it will not be touched I just can't visualize where that is compared yeah if you look the bump out of the house if you if you look at the deck it's it's really just bumping the house out to the back of the deck yeah I mean that tree is one of the only pieces of shade that people have to go stand under yeah we love that tree so that's not going to be touched so if you look at this drawing here or photograph forgive me the house would come out to the back of the deck so there are no trees impacted by it's the existing footprint that's that exists now where the deck is and the new deck itself won't interfere either correct the walk out basement doors will there be any there's no walkway then you're just going to come out to just the grass or is there correct is there stone or anything I don't think we have any we're proposing right now um since there is a roof over that whole covered porch area that is is intended for P birs or something just so it's a hard surface but it doesn't increase the lot coverage because it's already covered by the it won't extend past correct and the additional doors that were that Amy brought up those are the egress doors for the better so they're providing light you know the windows but just to as much daylight as possible into it so it's a comfortable nice room sure those are going to we'll get into your PL this picture here there's a grill is that like on a little deck or oh yeah so I I mean I just I had replaced the boards on our deck um because they were rotted so I took the leftover and just uh just made a little area to so like space boards like yeah yeah I mean it's throw away it's not it's going to the grill is going to go up on the new deck so this will be gone 100 it's a tank is that propane tank yeah it's propane for the for the gr yes yeah to go away I I mean we'll probably do um a Dr I would look at doing some kind of a natural gas to the a grill is it is it the uh deck for lack of a better word under the grill is that slatted the same way yeah yes it's the same deck board that had been on it was left over and I didn't want to put the the grill up on the deck because it's very narrow so it would also not count as in perious same way your deck correct it's on cinder blocks I mean I can it's the same decking 100% yes yes any additional questions for the I'll have just through that we might have asked this already but when you're coming out of that door down here how do you get to the driveway because there's walking on the grass yes so the elderly couple that's going to be living possibly in the basement walk on the grass to the door underneath here or is there going to be a pass underneath here well through the house right through the house through the house it's part of the basement you wouldn't be coming in and out that way no correct you could go out that way but no you'd be coming through the house yeah it's not a separate un likey [Music] I'm we're not put right okay any additional questions uh from the board at this time yeah there any questions from the public on the testimony that we've heard thank you thank you both thank you Sila you're up however is more comfortable good evening um so my name is rapael Silva and the owner of bepo design studio um been liced you got it licensed in the state of New Jersey in good standing for over 20 years um most of my practice is residential work doing uh ex work like this uh I'm sorry sorry I missed it your license as an architect yes yes what's your business address uh 21 Sandberg Drive in Allentown New Jersey and your license as an architect is in this St yes have you testified in front of board before yes several across the state no not this first time nice to meet you all s if you would let's try it this way uh let's start with the existing home we'll deal with the site last let's start with the existing home please tell the board what's there now and what's being proposed and why so the the home is a pretty typical 80s style um centeral Hall Colonial home very compartmentalized in ins side the kitchens were very utilitarian and uh not up to today's standards at all is this better okay sorry about that so yeah so it's a it's basically an 80s a very typical 80s style home compartmentalized interior so a lot of walls a lot of closed uh tight spaces um not really conducive to a modern family today of five with active kids and friends coming over and all that um additionally uh tight bedrooms upstairs um um but um and a unfinished basement uh right now where the Mechanicals are um so it's not really pretty right now so it's you know the the cooks are kind of you know busting at the seams a bit uh right now um and uh want to just improve the house to what is considered uh good today right and to be able to host to be able to have friends over to be able to cook properly and not be bumping into each other in the kitchen which is right now the case um can't even open up the refrigerator door without uh having to like stand the side so it's a very cramped space so that's what they were really looking to address um the house I mean I know we're talking about site a little bit later but I just wanted to point out that the house right now is sighted further back than what is actually required so that because of the slope which means it has a longer driveway um because it has the access to garage so you can compare it to other houses on the street and see that it's further back as well so that's something that we were dealing with um at the end of the day the cooks did not want to leave the neighborhood if they didn't have to so we knew that we could accommodate all of their needs with the extra the better kitchen the extra living space the mud room the um the extra laundry space down the functional laundry Space by reconfiguring a lot of the first floor and with a modest Edition off the back but it's only a one-story Edition we keep in the second floor exactly the way it is um so it's really just to focus on the prior the primary uh part of their lives that was lacking in this house the other aspect was they they bought this property with a a great outdoor space with the with the swimming pool and the patio but really it's far from the house so you're up on the deck and there's really no connection at all there's a bunch of you know shrubs there's a retaining wall it's a very long path to get to it and so they wanted to improve that connection and and and the Outdoor Living uh of their property um so the addition brings it back to um takes up the the same square footage of what the existing deck is now and then the new deck is closer to the pool and we'll have much better views and we feel like they're you know when the kids are at the pool the parents are up top with their neighbors having a cocktail or having a meal um there's still that visual connection they're not like on two different complete parts of the prop the um let's stick with the house for now so describe how the addition is going to be set up what's going to be inside of it and so so we worked with the constraints um on the first floor we worked with the constraints structurally of the house right we did not want to touch the second floor at all so to work with the with the existing beams bearing walls all so we took over the uh the dining room that is now blown open to the uh to the existing kitchen that's going to be the new kitchen over there the existing living room now is going to be the new dining room with a walk-in Pantry space that improves the storage capacity of the kitchen um access to the basement has been improved even though we're not touching the staircase for cost purposes um and then in the back the uh laundry in the existing house the laundry and mudro which was really more of an access to the garage um that has been completely enlarged to actually provide a good laundry space and a mudroom that actually has a closet and has storage for all of the sports equipment and everything as the kids continue to age into their teenage years and we all know the older the kids get the more stuff that they get and on the first level what exterior spaces are being created as part of this project so the uh um exterior me like outdoor right so the the deck so we are having a a larger a large deck put off the back that's open to the sky and then on the side right uh right next to the kitchen is a covered porch area that is meant to be the same materials same open composite decking no you know as everything else but just a roof over it so that they have shading for on those hot sunny days because that was one of the problems of their existing deck right now it was impossible to be out there at certain times of the day during summer this provides some shading they can have meals out there they can hang out there when when those hot days um and then on the other side in the access to the mud room I'm also providing a covered porch there so basically come up from the driveway whether they're coming in uh having lo you know groceries in hand Walking Up The Patio they can actually put them down below a roof go into their mud room and uh and enter the house um but that's a very small porch and on the cover dining area on the left side off of the kitchen as you described two things first of all that is directly above the area outside of the walkin doors in the basement walk out doors correct correct uh and that covered area as you've indicated in hot sunny conditions uh it's helpful but it also was protect against uh rain or other clate weather if it was still warm to Bea they could do so absolutely if it's raining they can still be outside it can extend the life of how much time they want to spend outdoors and can you tell us what you've designed for the basement for the uh Grandma so the basement um we're keeping the bulk of the basement uh intact just you know providing walls on the outside just to finish the space the existing basement space but then the addition has the bedroom area um it's a modest room it's not a huge bedroom um alled bedrooms are required to have egress windows so in this case I you know because it is a basement wanted to make it not feel like a basement so that's why I put in doors to answer uh your concern it wasn't to have it be a separate um dwelling unit or anything like that but it's just a maximize the amount of glass and the amount of light that could get in there um and then alongside it is uh a fitness area it's a full bath and a full bath thank you full bath just Qui testify that in addition to the doors that we see at that location there's going to be another set of doors which I think is what you just said as well so are they can you show us Del what plan to look at so if you can see them on the elevation so on sheet A5 um what's what's uh in my rear elevation towards the bottom right you'll see the existing walkout basement doors and then on the left side elevation uh if you look to the right of that original sheet you'll see the new so they are very much the same in style just to keep it all consistent basically in a corner scenario from each other so the two sets of doors are perpendicular to one another but next to one another yes and the new set of doors um leads into the additional bedroom area which is below the additions y you've already given us some testimony about the lay out of the property but if you would just give us an overview of the site of the site plan yeah so um so we knew going uh going say we had a a couple of non-conforming um uh issues one of which was the side yard uh so on the left so the house does encroach into the side yard so we intentionally with the addition anything that we put in the back we we kept that conforming so that's why if you look at the floor plan you'll see that there is a jog where the porch is INS set because we wanted to respect that side yard setback um the um we wanted and everything in the front we wanted to keep the same so when you're actually at the street you will not see this addition at all the next door neighbors won't if you're just walking on this at the curve line you won't see the addition if you're standing at uh number 43's driveway looking through the trees you will see a little bit of the porch so you won't actually see wall surface at all you'll just see railing with the covered porch and that's and that's it so that's it's very permeable just to see right through that to the backyard um so it's it's it's very screen and it's one story and it's the um as was nated uh as was denoted in one of the reports the one story Edition is actually lower than the one-story garage that's on the house so everything is we're trying to be respectful of the streetcape so that there is no negative impact to the neighborhood at all um they're increasing their you know their living area and their quality of life but they definitely don't want to hurt anybody else on the street in the process and just for the record the net increase or the I'm sorry the net excess with regard to floor area is only 202 square feet is that correct uh yes and you mentioned the reports you've had an opportunity to review Mr sly's report Mr Quinn's report and the environmental commission's report yes okay we just go through those quickly just go through most of them are factual we're starting with Mr SCH report starting with number five Miss Cook has already stipulated that the uh porches and covered decks will have to remain open and the number six the deck will have to remain a Groove deck or slot of decks there Still Remains a perious situation we will stipulate that any exterior lighting should there be any will be downward pointed or otherwise shielded to protect the neighbors from glare no trees are being removed to number eight and we will agree to number nine to the extent that becomes applicable Mr z um on point number four Mr SCH says that it is 20% and we're going 2435 which is 13 12T you did make the comment about some water or utilities right so it's not utilities the um the surface water of a swimming pool or surface water of a spa in this case it's understood just physically uh when water lands from rainwater lands on those surfaces it's not going anywhere it doesn't create a storm water because it's going to stay exactly where it is so under your ordinance uh however it's still that still counts from impious coverage because the theoretically it's because the floor of the swimming pool is impacted impious some towns flat out exclude that in their definitions the ordinance burn Township does not so it's included in the impervious coverage numbers uh that we're reflecting here but if you disregard those surface areas uh and look at what's actually affecting storm water flow which is generally the purpose of impervious coverage restrictions in the first place uh you're looking different scenario and that's why I always bring up the difference in the actual numbers what what what would it be so the two surface areas between the swimming pool in the spa is 3% so when you're looking at our 24 Point uh did I go here 3.35 it's really 21.35% sareet 8 893 so 893 sare ft translates into almost exactly 3% looking at Mr Quin cover for the is that would assume a per permeable cover correct is that the current yes yes so the water goes through the cover into the pool and you have to pump it out if you get too much in yeah okay all right looking at Mr Quinn's report excuse me Mr zi did you finish on my memo I didn't catch I went to nine did you cover seven and eight I eight I think was covered this cook I I stipulated on behalf of the applicant to number seven there's been testimony that no trees are coming down number eight but we would stipulate if one has to come down that we would comply of course and number nine if if it ends up toly then we obviously comply okay thank you uh number one of Mr Quinn's report I think has been addressed testimony as to the history of the approv coverage SW po shed so forth and so on uh we've talked about visual for number two we've talked about visual impacts as a result of the addition and more importantly the general lack thereof talked about the number three the deck and the open uh cover porches we understand that they have to stay that way and we will stipulate to and have stipulated to that Mr Quinn I I'll ask you if you're satisfied with regard to number four if there's any further stipulation you need from us on that no again what's what we're trying to do is we're trying to mitigate any impacts associated with imp purpose c one of the ways youate impacts when you're asking for sucessful is to provide stor water to mitigate in this case we turn a lot of numbers around and I respect your netting out the pool surface for Effective C bottom line is um you said you have 21.4% right now 21.3% that would indicate about 4222 square fet of effective impervious surface over what the ordinance would require I don't know how the board feels about this but I would be looking for some especially since there's been some Cavalier approach to imp's cover already exhibited on this project I would be looking for a little bit of storm water management to at least mitigate the 422 square foot which is the effective impervious cover over the 20% at a minimum and that would be a dry well or something along those lines some sort of infil takes the STM water it I mean it varies on one side it's only I think it's only about three feet four feet or so and then the other side to some it's not huge I want to say I think it varies from 8 to feet something like it's not it's not massive as you can see so so the p in terms of square footage so on sheet A1 on sheet A1 it's 135t sometimes we have d [Music] Tom what did you 449 it's it's almost entire but if you don't mind getting rid of that you I'm just wondering what that means come back with have to very right Mr Quinn just so one thing Mr DOA can't do since he's an architect not an engineer we're talking about a very small drywell that would be installed this is not going to involve major engineering you it'll involve a design but not again based on the numbers that I threw out 21.4 the effective heres that's like 400 square feet of's covered it's about a 100 cubic feet of dry water not a huge amount small amount so the town would require a design and engineered design but this is not something crazy type of design it's going to be something fairly simple very frankly and it's such a small impound I don't know what the to was like here but if your your soils were not great you can easily provide a small grade impact you have opportunities again if you're to I don't know what it is alternativ we were talking about you could eliminate some impervious cover ready on the property but most people are reluctant to do so with the driveway because everybody's short off parking because you have a pretty ample apron beyond the garage Frontage but it's up to you guys how you want to do that you can either provide an impound or remove 400 feet of cover as a minimum that's my condition I'm I you haven't heard from the board understood understood okay just following that last your last comment number five again that goes to since you don't have Topo you can't identify a limited disturbance but it's it's going to be something that the C of engineering department will I doubt if you'll be 5,000 ft but you might be sufficient with the Township's going to want to see so compation measures on here but you'll deal with the township on that you just agreed to that I'm not going to be seeing any more of that right no we would stipulate to both four and five and then finally would be the environmental commission we we would prefer not to be doing anything to the driveway especially narrowing it which is what they're suggesting uh it's a pre-existing condition does not require variance uh as confirmed in Mr Sid's report um we're already talking about uh the coverage issue obviously and to the extent that the board would be seeking any kind of landscaping or whatnot obviously we will heed whatever the board would require uh there's no indication of inground tanks uh this property is newer than the lead paint it's built in the 80s 1978 was the cut off for lead paint uh no indication of asbest but obviously there's laws that go into effect if we're dealing with Demolition and something like that where come up I've always advised clients they have to follow the law we stipulate the following the law we have to I don't think there's going to be anything that would be uh recyclable or giftable but we can stipulate to doing that if there isn't and again no trees are to be removed if any were to be removed we would follow the pertinent laws dealing with tree removal in the township also to disturbance want Neary let's up to the township engineering department yeah let's I'd leave that is compliance constructure level compliance want you install features tocharge so I say it again Chris I'm sorry speaking of the microphone um the environmental commission they said they suggested installing some site features to promote the recharge of storm water from the roof leaders well that's what we're talking about now providing 100 cubic feet or so of infiltration it could be for the storm I mean it makes sense if nothing's colleting that pick uption of the house for purposes of any resolution of approval I'll just kind of excise that we can handle that as a separate matter um same thing uh similar condition um mitigate the proposed increase in is coverage by planting needed plant species um I think we're kind of covering that already with what're discussing with this drywall situation so I can scrap that too so well but the system that you're proposing doesn't necessarily include the recharge from the storm leaders or the the water flow from the storm leaders so is that something that we should be well no the are we talking about something that connects to the storm leaders to what I'm talking about is capturing runoff from impervious cover directed to an infiltration system the easiest way to do it would be to grab a portion of the existing roof the garage or some area 400 square foot worth and drive it into a drywall so yes roof leaders from a portion of the house into a drine right so I'm not asking it correctly uh but I think you just covered it so taking the water that's coming from the roof and storm leaders and piping it into a recharge system versus what I thought you were suggesting was to put like a catch base in that just sort of caught run off from the property no no no no no so we are talking about connecting it to the roof leaders yeah I I piped some I wouldn't prefer an open Inlet in a lawn picking up stuff cuz she can get debris and stuff in there no no it's would much be much more to grab a piece of the RO this is also considered clean run off relatively right I think that was it from the one last question I don't know if we asked this yet or the AR but it's going to look the same way when you build out the other you know Edition it's pretty similar sorry is it going to look you know same color same texture to the back of the house back of the house just same yep same color scheme so the the addition is going to be Hardy Board it's going to be the same color scheme as the rest of the house SE would look seamless so you're matching that not changing the existing the RO um the metal uh roof that's going to be on the back Edition is going to be similar col to the existing strings it's all it's all meant to really not have impact on the existing house as much as possible and to look like just want you to hear you say that but it is going to have a staircase down from the deck to the existing walkways we're not trying to remove the existing walkway we're trying to keep aot the stuff that's already there in place and the new deck will be similar aesthetically in materials wise to the current deck two lights that are kind of hanging on the Second Story out here that are kind like spotlights it looks like are those going to be removed or those yeah okay they probably are for the pool or for the deck they were existing when uh we bought the house and they were the old bulbs um and they just burnt out and I just put a LED lights but yeah with this there's a different idea because of trying to get some light towards back towards the pool like area people have spot we don't turn thank you and I apologize I missed this um where is the deck included is the deck included in the footprint of the house so if I'm looking at the numbers on on the first page of the plans the deck do deck included at all the open deck does not count toward lot coverage no I know that it doesn't but is it is it written anywhere the size of the deck it's written on sheet A2 I have a chart uh up top with all the living areas that has nothing do with zoning which like separate so tell me the the size of the deck so the existing deck is 31.2 f feet we're adding 11 19.8 square feet to it so the total is 471 squet 47 that includes the steps too right yes yeah yeah but that's the open part of that not the porches the pches are separate so where do we end up on on the the storm water infiltration with drive you guys are got to comply with doing that so what I would request that the appr ti is just a two-minute recess okay speak with my clients on that issue but I wanted to make sure we get through all the questions one question you said existing remed for the rest of it right the intention is not to rip everything up and start from scratch it's just to only remove we remove and TI will there be any additional mechanical devices that are going to affect impervious um is there going to be a condenser for the addition outside is there going to be a pad for that is it going to be a generator anything else that we add to the imper so the whole most of the mechanical system is going to be redone in the house anyway it's an aging system so um the new first floor will will own Zone the the second floor will have its own second floor so there will be no additional units just the new that's replaced will be sized accordingly for the the square footage just want to make sure they're aware that if they want to generator for the house they have to come back here we have not discuss the generator I was just asking that question yeah I just hate for you have to come back again we we would ask to have the approv increased enough if this approval is granted in general uh just for an additional pad for generator in the future just avoid having to come back from other VAR okay so that's an additional request that would be an additional request do we know what aor what do we we've done this before what do we normally do for 24.36% in Pur proposed another 25 4 by6 that not3 24.4 24 .4 we're coming up with ADD questions at this you want a two minute recess Mr do you want to go through why don't we go through the environmental commission M we did oh we did we're all covered there was nothing else we through all three I thought there was one umer trees no trees okay Mr Mr they're not going toig the driveway we're still trying to sort out the storm water infiltration and sorry from a driveway perspective you said leave as is yeah it's a fairly narrow driveway to begin with so that really doesn't make any sense okay any additional questions at this time from the board okay why don't why don't we minute or long elim driver should tell that e e e e e e e we back on there back okay we're going back on after a small recess and I think we can confirm that the entire board is here right we're not missing anyone okay Mr Z so we are going to amend our proposal uh to remove uh most of if not the entire turnaround portion of the driveway so just to be clear uh if you look at the third and fourth photographs the area where the pickup truck is parked that's primarily where we're talking about and just I want to just be absolutely clear for resolution purposes If This Were approved what square footage we need I'll ask Mr Quinn if he can confirm that since oh yeah I I mean again I suggested to the board the 400 sare ft that was original plus the 24 that there so 424 ft we put them your effective coverage at where the ordinance liit would be you got we've got plenty here eliminating that back portion equates about to about 425 can we just say 424 Square F feet and leave it at that right they're not referencing a specific item so there's that's even better so we can take it from wherever we want but we have to get rid of that much if that's I mean the's acceptable fine with that your mending the application to uh instead of being over by 1312 we're just going to lessen it by four 24 is that right oh no we got to add the 24 in first what's being proposed well it's 24.3 5% minus 400 yeah then plus the 24 well not the 24 because we added that on to the original proposal before so we just don't add it on it's 7396 so it's 6950 is that the uh proposed 69 73.6 that includes the extra generator and reduces by 4009 69 well the exra generator I'm looking at the the number that's on the plan right now it's 73 49.6 correct so say 7350 minus 400 plus 24 well no the 24 you got to account for 424 don't don't just forget about the 24 I got 69 50 is that right yes that's what I'm thinking that's what I think it is 6925 69 a total 23.0 that's why we came up with those what's the number 23 even 23 even you feel that we wouldn't require any sort of recharge system even at 23% well no what I'm saying we made the argument that 3% is the pool orace so since that doesn't shed runoff they made the argument that there's no impact asso with that so we're trying to say the impervious cover overage that impacts res potentially is everything outside of that so that's we came up with 21.3% when he had 23.3% we came up with that originally without the pool so that was 400 square feet in excess of the ordinance for Effective SC that's how I can this for I don't know if I explain that clearly no I understand where you're going no I completely understand and your numbers was versus what is allowed not their existing position it's what is allowed it's my number what for the 400 yes no that was effective in puras cover not totally loud what he was saying was that the the allowance of 23.3 originally included 2% that was pool water surface so we subtracted that came up with number of 21.3 and we were talking about what number to use and I said well we SE as a minimum that the impervious cover over the allowance which could potentially impact offside residents should be at least addressed that's how I came up with for and that's not the total over if if it had been earlier in the evening and our brains were working little more quickly we would we would have realized that all we had to do was take the 3% that the represents the water and add that to 20 and that's where we end up exactly but that's where we are it's good to get there two ways I guess true the the coverage is being cut to 23% by reming well they're not going to be specific around that 424 so the variance if approved will be granted for 23% how we get there is between us and the construction Department I hate to be a flying but how do they cover the is it aover we actually had testimony on that is that a stipulation or we'll stipulate to that current and we'll continue are there additional questions time are are you finishing yes okay um I don't think we have any well actually we do so the 23% also no no what they're talking about is eliminating impervious cover that 400 square feet that we've been talking about not do yeah talk about removing that 400 sare ft instead of providing a recharge system for that 400 my problem is I feel like we don't wer provided with enough information we weren't provided with a site grading plan we don't know how this impact anybody else's property other than looking at some photos and that's that's the problem I'm having you know everybody else who comes in or most people who come in give us this information and we have a way to evaluate and say will it impact somebody else's property we weren't provided with any of that so that's where I have a little trouble with this more we are imp I follow what you're saying but under this 23% we know there's no impact Beyond what's allowed in the zone because 3% does not create any kind of a storm water issue so once you get once you disregard the 3% now you're what's allow people have perent and something to mitigate it's not yeah it's not percentage as if you have a drown spot that just goes right into a neighbor's it's there's an impact I mean the 3% Gally falling in the grass is not an impact but when you have down spots and you don't know where they're going which is what you're referring to then it isn't could be an impact that's the question is it's not going into a drywall the additional coverage would be a down spout going right's property right we don't know that so it's stipulated that all the down spouts that are new are now roted to the pool I I'm making this up then there's no issue right because it's going to the pool and it's collecting there and it's going to the backyard but that's I think the question is how are you going to do that and manage have no information right that's yeah of course um okay so you're hearing there are some concerns clearly um you know I guess that you know while we're still discussing with the applicant is there any changes that we want to ask the applicant to consider because I think right now they're requesting 23% right 23% um impervious coverage we've heard what we've heard the lon share of the testimony um you know can the board get comfortable with that and if the board cannot get comfortable with that is there any amendments we would ask of the applicant such that we can facilitate you know ending I have a question for Mr will the town require them to provide this information and tell them if they need to provide they not doing a storm water management there would be no reason to get a grading plan they the engineering department would review the soil erosion control and the tree removal that kind of stuff it ends here where there's no drainage improvements required or proposed and here it's technically not required based on the increase but it's feel we don't know what if I knew if I knew something you given us something I guess information but you didn't give us any information well I guess what we know is that there's no existing complaint or issue with any we haven't heard we haven't asked for any comments I don't know if who's here or not here but In fairness at this point we don't know any existing complaints so the existing is 22.4% today um so the increas is 23% we're agreeing to um the property SL to the back it is stepped so there are it is not in terms of erosion it is not a a steep slope where everything's going to slide downhill it it has horizontal sections it has retaining a retaining wall that entire Northern Edge that you can see of the patio is a retaining wall which slows down water and makes it percolate before it gets to the to the actual patio AA itself so and none of the down spouts are going sideways to any of the neighbors we're not hearing any issues today and there's no property owner behind the hour lot either because there's a Green Acre Site that's a 70 foot buffer so there already is um more additional differentiation or spacing between the neighbors to allow for things to slow down and minimize any impact let me also offer this if you're if I know we l few applications we've been in the 22 range 22 and a2' been play each case is is different but if you're not comfortable with the 23 there's ample if you're willing to start carving back some of that turnaround dver there's at least 8 or 900 square feet of that yeah that's what I'm asking the board if there's a number that they're comfortable with and a number that they're not comfortable with this is a good time to share it um and I don't like to dictate what people have to I'm happy to make suggestions but I don't like to dictate you know how to use it um it's just you know in my view there is a decent amount of the property covered um I hear you on the pool water and and in my head I always give some sort of discount to the pool water it's not 100% I don't know what percent of is it kind of is Case by case but in this case the pool happens to be surrounded by a giant patio so yes the pool is is 3% um but the is even more than that right it's three and a half% or something like that so it's a combination It's a combination of things that we're dealing with here and I'd like to see the addition put on the house but I'm having trouble solving for everything that you know the combination of things that you're asking for and the combination of things that are on this property already I don't have a problem with the percentage necessarily it's more just when you bu roof the water has to go somewhere when you have a patio it just sits in the patio and gently goes on the grass so the roof has to go water somewhere where is that water going to go if the board had a condition that required downspouts be directed so they would not discharge onto neighboring properties the engineering department would certain look at that you know but it's not to say you know you couldn't do something like that as a condition I don't know whether they would require some sort of tobo or or they would just do a field check on it when it's done but you could definitely say things like that right if if it took it out to the back property back property sure then it would be not an issue at all for anybody I do Mr it's not the number of the percentage it's the lack of knowledge of where this you the drainage on the property and the grading and and I know you say it slopes to the back but there it looks like there's a BM that was built in the back I I mean this is sloping directly to the next for neighor backops it go you can see in the picture the sloping and the retaining mall that are there I don't trying to think what number this is it's second from the back I I'm I'm seeing all of that I'm just saying other applicants come in and bring us more information no understood and makes it hard to approve something like this without that additional sure what I will say is for lot 43 the the neighbors that you're worried about being impacted they were fully supportive of the project and expressed no interest uh no concern I could show you text messages that they shared but I'm just saying no but I just want to be evident that for the people that would potentially be impacted they had no concern over the the project do they know what could be potentially coming when you make the changes that you're proposing correct could there could really be a change that they're not anticipating 1,00% and she said I'd love to come over and accelerate in the new space so so your new space I mean everybody wants you to have that space and it's beautiful and what you're proposing looks really lovely and we would love for you to have that space love for you to have and I'm sure your neighbors would love that for you as well right except we need to know where that water's going noon and we're happy to put the down spouts to the back of the the sloping property if that would be helpful that's all I'm asking think that would be beneficial to we we certainly have no objection to that kind of condition no not at all I I know my own down spots and they just you know rush out water when it the last coup r STS and a gentle rainstorm not a big issue it's one of those massive ones we've had recently it just DPS everywh again we we have no objection to a condition like that and if the uh board were comfortable and it would want to even further designate someone within the uh compliance Arena to to monitor that or or check it eventually obviously that's fine there the construction officer whoever it might be that satisfy M concerns about down yeah I mean just you know obviously there's a lot of Voters up here I I personally think of it a little bit different the percentage does matter to me it's not just water because you could put in all the dry Wells you want and also cover the whole property and not have a water problem so to me the percentage does matter um and you know we're always trying to do a little bit of give and take you know we're trying to to facilitate you know what property owners want but personally I would not be comfortable at at 20 3% but I respect what the other board members are saying about the water at 23 Madam chair I agree with you I mean like you said about the pool water um being a retention Basin and we're saying that's 3% and I I don't think it's 100% as you're saying I mean I would be comfortable with this at a 22% I think was something I I could agree with if we can get another 22 I'd like to say that one of the comments I made was I wondered how the project could be scaled back to make the coverage closer to the approved so I I agree with your comment Mr and the suggestion I just felt it need to just comes down a bit so there's mixed opinions on the board you're hearing that I agree think that's the best solution if we can get to that so would you guys 22% they have to remove 72 again there is a lot of driveway over there they could do that they could choose there's enough so with with with with all due respect we existing right now is 22.4 would we be a would the board be agreeable to just maintaining what is there today that we shave whatever we need to just to not make anything worse than what is existing today which is 22.4 that wasn't approved yeah that was not approved I'm not [Laughter] not well the only thing that wasn't wow was approve the shed was the shed was the shed is 80 square feet though but the shed is only 80 square feet so it's not we're not talking about the middle of I had gasoline in my garage sorry if you're going to speak you have to be up at the microphone speak to my apologies for that but I it was a it was a we had gasoline we had lawnmowers we had all this stuff and I'm like I got to do something like these kids are are in here it was dumb thing I did I never got you know here we are today and I'm like we're this is because of an 80 foot square foot shed I mean I'll remove the shed too if that it's not about the shed yeah I mean it's just it's not about the shed so was the and it also like sounded like the 22.4 was some members were not accepted that at that I I understand that there was not approval for it we but that was before our time so we can't really address that how many is yeah we can do that the thing I'd like to point out is covered porches are count are counted towards lot coverage but really most rain does not comes straight down it comes at Angles so it will still fall under the deck and percolate into ground so if this was purely just an addition of living space that was 100% interior space to me that's a different harm level than an addition with porches with gapped uh decking on there as well because that does allow snow it will you know we all know snow and drift and all that that will still percolate through it even though there's a roof under because Mother Nature doesn't come straight down so I would argue that that 0 4% there is a little bit of flexibility just because then the design is not like we're just dropping this giant box on to the property for your consideration so I've heard two proposals 22 and 22.4 yes I think one was the applicants proposal 22.4 was our proposal just because that's existing so you know we're already at 22.4 so for us to be able to improve the space and add it it's it's hard for us to keep shaving down at at if the numbers keep getting smaller just because we we moved into the house with it already being over so I I understand that we're trying to come to you for forgiveness for for something that we didn't do so I appreciate I mean the 22.4 is just to try to keep where we are at current yeah what you would end up doing doing is building what you want to build but you would have to find other ways to reduce that relatively minimal amount of coverage in order to get to stay where you are right the board would approve that number after the fact I suggest B 22.2 no you cannot um is the board comfortable at 22.4 can can is the board and people can say no I'm just trying to it's 10:30 comforable at and I'm definitely trying to not carry this case 12 it's 120 ft mhm okay I'm okay uncomfortable I'll accept okay Mr do you want to amend your request or no Mr I can just wanted to point out that part of that overage in the4 is the shed is so it's not entirely prior nonetheless I I appreciate that in my apologies then we amend our application to request uh a variance taking us up to 22.4 uh how that's accomplished will be between us and the construction Department yeah as it should be okay um okay any additional questions from the board are there any questions from the public are there any uh comments from the public okay anything further Mr zi you want to kick it do you want to make a comment yeah just in support of okay you can need to come all the way up here this time yes can you can you give us your name and your address please yeah Bill Gilligan uh 44 chimney Ash Farm Road I am number 47 on the map 47 okay thanks and can you speak right into the sure not a problem hang on we just need to our attorney is going to swear you in Oh okay that's a good testimony the truth about theuth I do I've I've heard them all before so no uh thank you for your time I know it's late and I appreciate it uh this is uh all new to me but I'm in support of uh Dan and Amy Cook uh my wife uh Suzanne couldn't be here because we have a son with this first day of scho first day of school tomorrow so in the the ridge school system so I'm just going to read uh something that I drew up um writing um to express my support for the variance request submitted by Dan Dan and Amy Cook concerning the property located at 43 chimney Ash Farm Road as a neighbor residing at 44 like I said number 47 uh for over 11 years um we've been closely familiar with the property and proposed changes uh talking to Dan and Amy over the last what year plus uh and their enthusiasm for their house and their home um I believe that the requested variance is reasonable and would not adversely impact the character or value of the neighborhood only increase our properties and and surrounding properties uh the cooks proposal uh to extend their home has been thought thought thought thoughtfully planned by their uh architect um and aligns with the current Aesthetics and use of the properties in our area in my opinion my wife's opinion we propose that variance will enhance the property by by extending and contribute to positively to us and our neighborhood the plan changes will improve the over overall appearance of the property make it better use of the exist existing space in the growing family of five and the future of uh with their parents and plans for long stays Etc we are very close to Dan and Amy Jimmy and the twins Patty and Kelly and have been for 10 years plus uh Dan and Amy have been taking the initiative to to discuss their plans with with uh my wife and myself and other neighbors the Murphy's the Pressman and the Deets and several others they have been transparent with their intentions and addressed the concerns that were raised I believe that they have made a sincere effort to ensure the plans will be harmony with the neighborhood character and it to uh attribute that they do not want to move from chimney Ash Farm they looked at other parts of Basking Ridge and you know it's been on Basking Ridge Moms channel 47 everyone wants to move to Basking Ridge so uh they want to stay put in chimne as uh Farm Road for the schools and locations so um like I said the Gilligans number 44 47 here and full support of Danny and Amy Cook great thank thank you very much thank you sounds like they're good neighbors are there any additional comments on this application no okay Mr zel are you good or um you going to wrap things up for us I'm just going to wrap things up very briefly uh variances we've discussed at length I think we all know what they are they would be c2s obviously we're not claiming any kind of a hardship for C1 uh under home builders League of New South Jersey versus Township of Berlin uh anything that improves the uh housing stock and the overall um quality of the neighborhood is a zoning uh purpose despite not being enumerated in the mlul uh I would also argue that purpose I uh improving the desirable visual environment of the neighborhood comes into place in this application uh so with regard to the uh variance for impervious coverage uh that would be the basis uh with regard to the floor area as opposed to floor area ratio bulk variants uh again uh those restrictions are designed to preclude quote unquote monster homes under Rumson Estates uh clearly that's not what we're dealing with here uh the addition is not even visible from the street front so it's not going to give the appearance of a monster home uh as far as negative criteria um uh nothing especially if there's a condition um dealing with the drainage there's no negative impact whatsoever obviously nobody's objecting from neighborhood we have at least one family who's uh fully in support of the application so it certainly appears to the negative Criterion satisfied as well uh so we thank you for staying with us this late we would appreciate a positive vote thank you Mr Z okay anybody want to um kick us off or or make additional comments oh I'm sorry yes I sorry slate sorry I I I get go for it I say too okay applican here are seeking uh two vat variances uh one for lot coverage 20% is the maximum committed here in the uh what is the rc4 Zone um applicant is proposing uh 22.4% right yes okay um additionally they're requesting floor area variance not floor area ratio just floor area maximum permitted here would be 2862 ft they're proposing 3,6 square feet that's correct okay so make sure got um as far as conditions go and stipulations the applicat have agreed to comply with comments five six seven and nine of Mr SCH memorandum dated August 28 2024 additionally uh comment number eight any trees are you know going to be removed they will submit that plan uh okay Mr Quinn's memo they stipulated to comments three and five that's uh the deck will remain open and the other deck will remain unenclosed applicant will proide solion set control measures that's Comm five um nothing from the environmental commission memo we determined none of those are really applicable here or otherwise Satisfied by complying with the other memoranda uh going through my notes here give me one second there were a few other conditions stipulated to during the hearing uh yes the uh rest play housee will be fully removed from the property um the platform that's supporting the grill the rear yard will be removed uh the exterior of the additions will uh be aesthetically uniform with the that of the existing dwelling uh the applicant will no we're not doing the storm water infel because they've agreed to reduce the coverage and oh the uh well two things actually the uh the cover for the pool will remain the permeable cover I guess in perpetuity and then uh I know we're not doing the down spouts on the roof we're not doing that anymore I wrote that down as po we agreed to a condition that they would be designed not to designed to prevent putting water onto the neighboring properties okay that's still applicable Mr going to okay great um and then just just to be clear before I I wrap up we're accounting for that generator pad in that impious coverage number correct well they they can't goove 22.4 so it's not a separate thing and uh that should be it if I'm missing or anything please feel free to hop in and correct me it just when you said about the playet that that it just if they wanted a regular playset that doesn't have a roof they can do that right or I Ro I was referring simply to the existing existing one okay repres thank you that's it motion second thank you okay anybody um want to kick us off I will I'll kick us off um you know I appreciate you're working with us um to come up and and alter the application a little bit we're always in favor of trying to you know put sensible additions and to accommodate growing families and you're spending more time there and it does look like a beautiful um place the addition looks excellent so I'm sure it will be a benefit to the neighborhood it sounds like it's a lovely neighborhood and a quiet neighborhood um having said all that we're also trying to balance you know what our regulations are from from a town perspective and what percentage we can cover and I appreciate you didn't do all of it and I'm not going to bring up the shed at all um but you know it it's a big pool it's a big patio area and if we were seeing this application just so that you know at least I'll speak for myself if I was seeing this application come in and someone was coming in with this pool to end up at 24% I'm pretty sure we would not approve it um so we need to kind of deal with the property the way it is now what's there even if it wasn't your choice and then what you're asking to so I appreciate you're kind of working with us and hopefully we came up with a solution that hopefully facilitates a positive change so I would be in support of um this application um I do think it's a C2 um you know variance it's a lot of changes that that you're making but I I think we with the stipulations in place we did what we could to mitigate um any potential damage um you know to the neighborhood or or our zoning laws um I will note that we did not hear any objections from any um any of the neighbors and and we heard someone who who is in favor um and for those reasons I'd be in support Madam chair I'd be in support as well um the improvements proposed are to the rear yard in the backyard you're not going to see it the lot from the pictures we saw the lot's very well screened except for that one little spot by lot 43 where you can kind of peer in um so I once again I'd be in favor I don't think there's any detriment and it's going to improve the housing stuff any other comments or motions want do it make a motion thank you I uh I move to deem the application complete and advise our board attorney to draft the resolution memorializing our decision to Grant the salt relief subject to the stipulations agreed to by the applicant this evening under C2 thank you I'd second that I'm sorry second it I did yeah I know special right well you know a lot of things happen at 10:45 Miss B yes Mr Krauss yes M Pichi yes M poar yes Mr T yes yes Jers yes thank you thank you good luck with your project thank you all very much have a wonderful evening nice to see you Mr likewise see you again um next on the agenda is comments from Members I just want to talk about the calendar uh for a minute Miss Keir if you can help with that so on the pending applications uh it reads September 12 special meeting I believe that we are cancelling and or has been cancelled and we have moved that to September 18th that is correct okay so for those board members who are hearing the signature case please know that our special meeting on September 12 has been cancelled it has been moved to September 18th so hopefully you have that blocked um on your calendar and that meeting will be right here so we'll your signature then um any other comments from Members I know it's late but just so that you know um it is very difficult because I've been watching signature from home it's very difficult to hear so it's really important to speak into the microphone yeah is is that more so from them or from board members also from board members also but it's really more so from there are sometimes where uh people are presenting you can't hear thing yeah thank you um so we'll just have to continue to remind people all the time to speak right in it's agre thank you it's hard mrki if you could up your volume a little bit sorry I got so much Stu thank you okay thank you Lisa any other comments uh from Members comments from staff none thank you no thank you everyone for staying late tonight I appreciate it