okay let to call the beach L meeting to order please Pledge of Allegiance Pledge Allegiance app the United States of America the for stands Nation indivisible andice the 48 notices required under the open public meetings act has been met as notice of this meeting is emailed on January 23rd 2024 Po in press the postar and the cop has been placed on the bu board in the B office and the copy filed with the B uh mayor Fox is excus this evening Miss Hernandez is excused this evening Miss Mahoney is excus this evening chair mayor here uh Mr Mayor here uh Mr Murphy is excused um Mr sh here M Riley AI here miss s here miss Bernell here miss boo here Mr seith here and Miss Reon here thank you and also present this evening Mark hitri our board attorney Gerald fra our board engineer and Christine Bell our we do not need to swear fall and he is not here this evening uh we do not have any correspondents so chair if you want to sure before we can start uh couple Pro procedures to go over Please be aware that the meeting is recorded for transcription the public is asked not to interrupt comment or in any way disrupt the presentation of the meeting General once the lands board opens an application the applicant or attorney will make their presentation with Witnesses and the professionals members of the board ask questions cross-examine each witness members of the audience will be able to ask questions the applicant and Witnesses based only on the testimony given at the end of each witness's presentation at this time no comments testimony or evidence from the public will be accepted the board may call its own Witnesses and prents and present its own evidence respect to any application once the applicants concluded their presentation and the board opens to the public comment for application the public is welcome to comment present evidence and testimony regarding the application each person must be scorn in on the oat or be limited to five minutes if desired the applicant may cross-examine you based upon your comments or testimony if more than one hearing is needed to complete an application will carry to a future date no new application will start after 9:30 p.m unless the board and applicant agree to be concluded in a timely manner otherwise cared the board reserves final decision the board will adjourn at a reasonable hour rarely will a witness be called by testimony at the 10 P thank you okay um I did distribute the meeting minutes from our meeting of February 15th motion for approval Mr M yes Miss Riley already yes uh Miss berell yes Miss V yes Mr seith yes Miss R yes Mr sh yes and chair mayor yes thank you uh next is uh resolution 20 24-5 approval of both variances for single family dwelling on an undersized lot6 f Avenue LLC block 11 lot 7 116 f Avenue I have of members eligible to make the motion second m r yes Miss berell yes Mr seith yes and chair mayor yes thank you next is resolution 20246 this is the denial of naal of the zoning officer determination Peter f v BL 56 6503 5th Avenue second I have Mr Mayor as my second Mr Mayor yes Miss Riley already yes missell yes Miss B yes Mr sh yes and CH May yes thank you uh the next two items are both consistency determinations first we'll revie ordinance number our proposed ordinance number 224-1 of the ver Bry Beach amending Article 2 terminology and article 8 off street parking driveway and loading requirements of chapter 450 zoning of the gr reev General ordinances to require and regulate electrical vehicle Supply service equipment and make ready parking spaces for Ser to state law mandates it was introduced at the bur council meeting on March 13 2024 yeah so I found uh this ordinance to be consistent with the Burrow's master plan um in particular uh the 2018 master plan reexamination report uh recommended B regularly review the regulations within the Land Development ordinance against planing goals and objectives clarifying amending and updating when appropriate also recommended the B review ordinance standards and correct and conflicts and review ordinance definitions uh this ordinance revises the bur's ordinance to include the state law mandates uh regarding electric vehicles so updating the ordinance when appropriate um as recommended so I find it consistent Christine I a question for you a couple questions disre I I I agree with you but as far as implementation uh and such there there's a lot of gray are and unanswered questions as to how and where some of these U Make Ready pads be put in and or Street uh main not Main Street Street side charging um private property something else all together but I there's nothing mentioned as to where limitations considerations of such so the state has a model ordinance which basically as soon as they introduced it became the the law for every municipality within New Jersey so even though Bradley Beach hadn't adopted this ordinance previously they still had to follow the requirements in it so this is actually adopting it you know making it um yeah looking at the uh what the governor's uh actual ordinance or out whatever you want to call that he proposed and what's here and what the DCA put out uh I mean DCA came out with something a little bit different where it gives the uh the Burrows the towns uh whatever you know some leway I mean we we have here a look at article 8 uh letter C parking facilities will be located in any yard area all in all zones I mean take to the north end of town I mean if we put that in the front yard so that they could charge their vehicles I mean if you have a a driveway yeah okay you're going to put it in the side yard or in the rear yard pull your vehicle and charge your car a lot of these h uh that are facing uh East and West on North South Streets and north end of town I they're going to Beed I could just interview our role is right is whether it's consistent with the master plan it's it is somewhat consistent but well so what I would say to you as Municipal planner has rendered a memorandum and has not testified to the fact that it consists of the master plan our charge here tonight is to determine whether it's not as consistent master plan have expert Tes say is we make a recommendation that the maying council review uh certain areas sure we can I think that's a point that's just just to get into the record that there's some gray areas or open areas that maybe it should be questioned as when it comes to implementation which is going to happen and consistency it is what it is agree with that but it just seems very I mean we're going to be Lo for every EV uh charging station uh let's say in a uh let's say or uh 301 Main Street you're going to be losing well not you but we will be losing two parking spaces for each charging station that's a lot that that's not so the state allows you to take a 10% um red uh reduction the state allow sorry for to count of EV space for two spaces um and you're allowed to use that for up to 10% of the total parking requirement um and that's you know that's something that even though Bradley Beach has not adopted this ordinance yet that's something we still need to comply with well this is why I want to make note that you know the council needs to look into this I mean to lose two parking space let's say we do it on Ocean a that's going to hurt I mean it it this that would be for a site a site plan on Ocean avue this plan will work in wall or uh some other area but when you have a community like Bradley Beach a uh beach resort area I mean parking is your concerns are um valid and not just a concern in Bradley Beach but this was you know a state mandate basically so Bradley Beach needs to follow the requirement even if it doesn't work for Bradley that that we just say on the record that we'd like to make sure it's reviewed before it's implemented and all these questions questions are open discussed yeah right you have what you have there was very clear it was very clear yeah you will do this you will do that so but yeah you will do that but we must have a choice in our Direction Where We so we're going to have to attack this thing ourselves looking ahead right every application is going to stand on its own just think that when when a state puts together an ordinance statewide right they're never going to get it's never going to work for every town right because every Town's so different rley beaches C where in this case it really wouldn't work well we're already struggling with it a lot of our other this isn't new this isn't just Bradley Beach according to our Council we're only here to say he right right now but to attach attach your concerns going forward is not a bad thing to let them know that hey we're going to be facing difficulties here with on-site parking based on this ordinance because it certainly is an issue in you know a lot of your neighboring towns that work fantastic they have extension CS coming out the second floor window everyone's not going to have an electric car right those that do are going to have to make sure they have the means to charge them what's what's required to to make it even worse which you may not be aware of is uh I believe there's three types of charging stations okay the most expensive of which charges the cars f the least expenses of which charges the cars slowly to the point where if you pull into a shopping center to use it and you run into do your shopping you come back out you may only get a half an hour's charge if you're lucky so I don't know that the the state thought all that through they just are moving ahead with the with the agenda of the electric car and that's what we're faced with working okay motion to agree that this is consistent not say yes motion uh that uh this is consistent uh ordinance 20241 is consistent with the master plan uh can we put a note to uh have the council review that those so we'll be adopting we'll be adopting a resolution tonight we can CH we can add that make the motion to uh I just I had the recommend to recommend to council to review the gr areas and the implementation the implementation of of the Mandate by the state how and where's it's going to be these charging units Make Ready paths are going to be deated that's all how do we do this so we have a motion that is consistent with the master plan I'll say they um Mr May yes uh Miss Ry yeah yes um missell yes miss boo yes Mr seith yes M re yes Mr sh yes chair May yes thank you so I that's actually a question for the two do you can I ask a question sure so if this gets reviewed and obviously we have to adopt it does that mean that if the concern is for those spaces that are non conforming and mostly north side of town do you have the ability to reassess like the zoning so like in areas that are predominantly conforming LS where is parking and there is the ability there's more parking you call that residential whatever right you call it R1 if there's other zones where it's Tighter and there isn't that ability do you call that r1a or something else so that you have a higher parking requirement yeah and that your rules just are fair you certainly could change uh your parking requirements uh but um RS always kind of like dictates what the parking is so you can't require more than they do that's going to we put a timeline on we have to do that next coun I'll bring it up again one more so before we go to the next one so um I prepared a resolution that we need to adopt because this has to go that resolution has to go C they have a public hearing adop this so that I prepared resolution person Lang so we need a motion for adoption Mr Mayor yes M Riley yes M yes M berell yes M Bo yes Mr seith yes M re yes Mr sh yes and chair yes thank you our next uh for consistency review ordinance number 20242 of the B of Bradley Beach amending chapter 396 storm order management of the bur's revised General ordinances to adopt new regulations consistent with amendments to the NJB storm water management rules uh this was introduced at the burrow council meeting also on March 13 2024 so this one um I also found consistent for similar reasons um that you know the 2018 master plan uh recommends the bur regularly um review the regulations and update where appropriate um and this ordinance updates the burough storm water management roles be consistent with njd um amendments and mandates so similar to the EV ordinance you know it's a directive from the state very takes are special type of [Music] engineer I'm good I to wake myself up so this one's a little bit different though because the burrow already had an ordinance we just had to upd we updated okay it's not like a brand new thing just amending it and updating it it gives the board a little more teeth like when we require a motion consist Mr Mayor yes Miss Riley yes Miss s yes Miss Bernell yes Miss Bo yes Mr seith yes M Mr yes and chair May yes thank you prare the resolution make a motion to approve the resolution and my second Mr May yes m already yes Miss s yes Mell M yes Mr SE M Mr CH yes and chair mayor yes thank you uh Mr before we continue question forne uh is it possible that we could request the board secretary to send a letter to the mayor and councel requesting a little bit more days to these consistency reports that given to us last time it was six days and it was bu and this one again I think theide is that this was actually yeah this one was the other one wasn't moving along yeah please Mo um the first application under consideration this evening is L 2323 both Firs is for proposed addition and driveway expansion Donald and Mary and Greenberg block 16 lot 8.01 302 Park Place avenue applicants proposing to remove the existing half story of the existing dwelling as well as both sheds in the rard area the applicant Center Clos in new construction of a full Second Story on the existing dwelling with a one story Edition at the rear of the delling with an outro shower the applicants also proposing a detached one car garage with an extension of the driveway applicants represented by jeffre Esquire and and as they're coming up we just want to put on the the tro has oh I'm sorry did I list that I did I'm sorry we anticipated that was resing offic good good evening Jeffrey bman the be Law Firm I represent excuse me Don and Maran Greenberg as um your board secretary mentioned this is 302 Park Place um applicants are making application for their single family home uh which has some existing guance conditions and they're looking to Pro um construct some addition to that uh those existing conditions I just wanted to review what those variances are with board just over before you do that who'll be testifying I will have Donald reenberg I will have um David Cohen and Joseph K you just come up [Music] raise your right hand please do you swear airm to tell the TRU whole truth and truth thank just briefly um the application is proposing um to construct an addition over the existing main portion of the structure as well as an addition of what's already expanding uh performing expanding one story addition to the rear for the variances include um we actually are removing a non-conforming pervious coverage to make it 59% is conforming um the driveway a portion is going to be removed and um we are proposing a setback of 1.82 Ft when we submitted this application your requirements for a driveway setback was the new ordinance that was just recently adopted changed that driveway uh set back to 1 ft although we were with the earlier ordinance so if it pleases the board we'd be glad to move the driveway to the one foot and also make it complies for an 8ot width um if if that's what is required um if relief was required we will certainly ask for the relief there is an existing front porch which will remain on the first floor level that is located at 11.74 FT uh and 13.16 ft is the average setback within the block the applicant is also proposing a second story or I should say an upper level uncovered porch directly above at 11.74 FT where 13.16 ft is required there is a minimum side yard setback request 3.12 ft which is where the existing building is and 5 ft is required and a minimum distance from the primary structure to the garage 20t is required the applicant is proposing 4 1/2 ft to the deck 12 11 and a/4 in to a retractable awning and is slightly over 20 ft to the actual structure and those are the vars Don um so don how long have you owned the property uh May of 2019 to purchase and um as far as what you're proposing the plans that have been submitted by both Joseph kashuba as well as your architect David Cohen um those plans were directed by you correct correct and those are the plans that you're asking for correct the not only approval to construct but the variant to relief that we're asking this evening exactly and um with your construction do you have any details that you want to share with the board that um one of the things that we that we were concerned with is is preserving as much open space in the yart as possible uh hence we only went with a onecar garage instead of doing a two-car garage with a garage apartment um while we're not going for lead certification because of cost we are going to make every effort to use sustainable materials such as recycled sheetrock FC certified Lumber zero FOC paints and adhesives um because part of what we're doing is trying to have the lightest footprint as possible while still constructing the home that that we want and need uh and to that we're also going to be putting solar on the home uh either solar shingles or solar panels whichever we can afford and you're anticipating energy efficient appliances energy yeah all energy star appliances and you know as I said we're trying to keep as light of footprint as possible and although I know it's not required by any of the or is here it's just something that we feel is important to do as citizens of Bradley and citizens of world thank you so I got [Music] e you're tearing down the uh the shed and you putting a garage in this place yes I have question question um feet seems like a very small amount that's a step we're going to talk about yeah that's 20 was that I'm concerned about the the the space between going 20 ft is required and they're proposing 4 ft between the house and the garage and I think that you're going to jump out one and jump into the other it's really the de that extends off the house the point is Val is that that ra yes it's an existing deck I didn't me EXT 3 to fouret 3et three yeah oh thanks dude just one real quick please it may be for a different witness but I didn't see any are it's a Min split system so heat PPS you want to get you want to address the whole issue of the garage right now any out so I'm I'm going to I'm going to have David come in to testify about this and basically the way we're going to testify is we're going to work our way in a clockwise manner around the house we're starting the front work our way back we're going to deal with the garage um we have some discussions that we've had with Mr fra and some solutions that we'll talk about okay we'll we'll address do we want to open a public Mr make a motion open just for the application of the public to ask the applicant any questions according to the see now we'll close D come on thank you David you are an architect in the state of New Jersey I am uh you've uh all your licenses are current yes they are how long have you been at architect uh I've been licensed in New Jersey since uh 1991 and how many boards do you think you testified I testified at least two dozen times between before probably six or eights we accept this and you prepared the architectural plans that um were submitted for this application correct yes and I believe the last uh was December of 2023 December 22nd 2023 um with those plans let's let's just talk about uh what you're proposing to doing and again as we discussed beginning from the front and we'll work in a clockwise fashion around the property sure all right so um there is an existing porch in this property correct that's correct what is being proposed in that porch area so you're proposing new structure right now there's an existing uh and columns supporting a gabled roof over the over the entire porch and I think we have photographic that when people are concerned to see that uh we're taking off the Gable group and installing instead a deck which will be accessed from the second floor uh living space you know maybe to help just so there a visual introduce um the photo here so I can testify these are photos uh taken by myself um Tuesday and I do have copies the pass I know it's hard for the board to see that all the way across the uh the way here um so it's uh consisting of an areial of the property and seven photos of the uh of the property surrounding proper so we'll mark that um we'll mark the photos as A1 the aial A2 plan testify now no he just he was just doing the photos he was only introducing that he was the one that took the phot uh photos will have to share I only brought five C I need my own please CU I have to keep it in the file of course of course thank you so Jeff you said photos you want A1 we'll have the photos A1 A2 I think property Shar guys so um ready to proceed or you want to take a minute no go ahead okay so David um you you're mentioning what's being proposed with the for area yeah so um we're proposing a second floor deck area over the same footprint as the existing front Port um that will be accessed from the second floor uh which is the master site in the new plan um we are proposing a sort of a partially solid and partially open railing you can see it in the rendering that's on sheet a 9.0 I believe u but what the design of that railing is intended to be uh the goal is to uh give a little bit of privacy to own when and that's why with no roof no Ro but you're proposing it to be directly above the nonconforming correct for correct all right and as far as the um West Side faad moving moving again counterclock in a clockwise Direction proper can you explain what's being proposed along that side because that's where the sidey set back is correct correct Yeah so basically we're taking the line of the existing building which is partly one and a half story and partly single story the kitchen area is single story and we're uh extending the kitchen into an area which is currently a shed so we're using the existing Foundation about a foot extension uh to cover that shed area with new kitchen space um and it's aligned with the existing East uh West Wall of the existing house uh and West Wall of the existing pit which is nonconforming in addition uh up above on the second floor it's becoming a full second floor as opposed to a floor and a half which is what it is currently so still just lining up uh with the existing construction we felt that was advantageous both from a standpoint of um water infiltration is it since every time you have a stb you know from one floor to another you have the potential for leaks coming in um at the where the roof transmission is so we wanted to keep it as a as a a continuous wall uh also aesthetically seem to make more sense to us to have it line up if we were to set it back to be complying on the west side you know we' have to set back on the east side to be U uh consistent you know symmetrical and um we just felt that that would we would be sacrificing a lot of space on the second floor be hard to make things work with that porch uh because the porch you know goes all the way out to the end and so uh the deck up above would would be peculiar if it's if it's that back East wall so those are the reasons why we wanted to keep that wall aligned and we felt like it was an existing you know it was just in keeping with an existing nonconformity so no real disadvantage to the own regulation and when you say shed to the rear can you just describe so the board understands what that actually is what drawing okay so if you if you look at um drawing a 1.0 which is up on the screen right now you can see on the left the foundation has a you know it's a block wall all around that one story area that is the kitchen on the first floor the there's a block wall that comes across um that back space which is by the way crawl space it's not full depth foundation in that area and that horizontal wall that comes across is where the the front I guess of the shed area would be so that crawl space or that that area the smaller rectangle is where the shed is currently it's just it's access from the exterior and U currently and it's used for storage so it's fair to say you're calling it a shed because it it's only access from the rear and not from the inter correct okay but it's actually existing it is existing and it is connected to the house and the proposed depth of what you're doing is no further than where that shed is correct um there's an additional foundation wall to the right of that area that you're talking about yes what is that so uh we're expanding the kitchen not just to the rear but also to the East Side by 2 ft to uh create more kitchen storage or kitchen usable area and we're taking a part of the deck in order to uh make that expansion so the existing deck uh goes you know goes a little bit further to the West than what is sh on this plan and if you jump to a2.0 so so the on the bottom right the same yeah so the plan on the bottom right that identifies that one story addition area correct yeah yeah so if you if you look at this drawing you the area that doesn't seem to have a shingle pattern on it that's that's the new wall as the uh the new Wall Kitchen currently the shed is only to the the bottom uh level of that that wall that's that doesn't have the cab so it's a it's a quite a bit lower the shed is quite a bit lower than the kitchen the existing kitchen and that roof is a gable roof So currently it's a shed roof on the shed but the new roof is a Gable Ro and that'll be the same slope as the existing correct that's there already you're going to match pretty much going to extend the roof well I was going to get actually okay well what are you proposing to do I was my next question was what just so the board understands what do you propos you do with the roof so because the kitchen is wider as well as being a little bit deeper it makes sense to put a new roof in that area even though it's not shown as shaded on these plants so it and because it's spanning 2 ft farther it will probably go up about 6 in higher than the ridge will be about 6 in higher but the spring point will be the same and the new Ridge will be further you know will be well with them set but the ridge will be consistent all the way across yes and so it'll be one consistent R over the existing area and the proposed expansion of the kitchen right and they need a variance for that because it's an existing non Conformity and now they're expanding it so need a variance for that 3 correct um and then uh the roof line for the proposed Second Story Edition just describe what's what the plan is there yeah so we're proposing a shed roof over the new second floor as opposed to a Gable the current roof is a Gable but we're because as as Don mentioned we're going to be installing solar panels that's a south facing roof and we want the additional area to be able to um have a full solar AR that will fully the electrical needs of the house and there's no height variance there is no height variance at all yeah we all right let's um move toward the rear and what's being proposed in relation to the deck so uh as I said the deck is cut back by a couple feet when the kitchen is widened uh there is a new outdoor shower which is replacing an existing out shall which you can see off surve property uh that thats the de and then uh we're proposing uh a Pergola uh which will cover a portion of the deck basically lining up with the end of the kitchen you can see on the floor plan two columns that be supporting that fola you can also see yeah if you go to a 1.0 so those two little squares that you see um on the right side within the de that line up with the end of the kitchen those are supporting the proposed perula which is quite open it's just got U three members and the goal is to have a reflectable fabric on him that would be used not to make it uh in all weather type of thing but really for Sun Shade um to to be able to have a shaded environment on the deck uh and then the the new garage structure you can see um was located uh pretty pretty carefully to try and meet the the the required setbacks uh and to give access from the existing driveway to to rotate it the correct amount so that the driver would be able to uh access that that new garage and we understand uh the concern about the proximity between the deck and the garage and uh it been suggested that we could cut off about um a triangle of the corner of that deck to try and increase the clearance between the deck and the garage and uh we're happy to do that three or four feet on a leg uh each leg of the triangle that would be cut off so that would be looking at the plan the upper right P portion of the um deck yes it's about 22 by 22 it's an existing deck right so no no boundary changes of the deck other than where the kitchen changes if the board wouldn't mind I I spoke a little bit with their engineer earlier I think at least three feet on each FL would be sufficient because it opens it up and makes it easier to walk through firefighting that type of thing um you know you're not going to be banging into the side of the deck which is 3 ft high if you're trying to put fire out and it opens it up more instead of 4 ft it might be more like 7os to beos to be 20 and a lot 100t deep that's kind of hard to do well you know the ORD are all written around the full size lot that's why we have to make changes on the lot um thing is the way that your garage is oriented that also plays into the proximity of that separation and I was wondering if there's any way to pull it away and rotate it some to kind of make it less it just doesn't seem to line up since that's more of a sight issue I think I'll have Joe talk about that we we have talked about that lookss but I think I think if they can get us the corner which would be a significant talk there we can somehow talk later with the engineer about possibly rotating that a little bit much to your point J the garage L the 18 ft 10 in that was somewhat reduced and you rotated it more to a 90° slightly picks up more to keep the 5 foot7 well yeah but I wouldn't reduce the because 18 ft for the parking space 18 right so 9 by minimum sorry 9 by 18 minimum so I think I wouldn't shorten the garage um but I would if they could just take it and pivot it maybe even pull it over and move to the east a little bit relocate the generator yeah I mean generator they can move that anywhere right so Jerry what you were talking about was for variance number four right like that would also offset the structure which is what dead brought up earlier catch up yes okay yeah just comment I mean when we first started looking at the garage we actually had it completely parallel to the property lines the problem is that with the 5ot set back to the neighboring property the door really doesn't line up at all with the driveway you actually need a little bit of a turn uh in the driveway and so um you have that problem if the deck was smaller yes still does deck doesn't change that doesn't change getting into the but you're next door to an apartment complex right rear set your rear set I just trying see if I don't know I suppose we can ask for some setback but well that's where I was kind of going I mean I don't and I don't think you don't necessarily have a problem with pushing it back do you Don F by me but that not being Public public knowledge to start off with people ownership of apartment in the back not them the opportunity well iend to I I like that because it's it's kind of you're up against yeah I'm not saying up against the property it's it's in my cat oh I assume they are yeah I mean we noticed everyone they would have been no right now the back corner is 5T the if you were to rotate that it's going to come it's going to come Department the right the individual tenants are not noticed it's the owner of the property actually to be clear I haven't sworn in it's noted on the tax p as a condo complex okay so each of the individual owners if they're renting their condo you know but the owners are Noti I you know there's no objection to work with on that just the problem is what what Rel are no more than less aot step back you know I don't want to recreate let's just stay what they but I do think when it comes to the engineer testimony we can look at just rotating that that's an excellent slly excent stay still I think the one last thing that we have David is the uh is the driveway uh just explain what's being proposed to the existing driveway and what's being proposed to the from the existing driveway to the garage sure so um the existing driveway currently actually goes all the way back to where the where the um shed is and you can see that on the survey and so we're actually taking out a bunch of the existing driveways some which is weer some which is concrete and then proposing to put in a ribbon driveway and um I did actually bring an exhibit that I can share um you know we went online to find uh guidelines for how to lay out a ribbon driveway this is from the uh town of Burlington Vermont and so I did bring enough for everybody so so um D what are we going to call uh I guess it's A2 no it'll be A3 but what are we going to call it for record it's rivon driveway dve any it's twoed you know basically this is where we came up with the 7t width of the driveway which was that variance condition um but you know it recommends that the ribbons be 5T on Center and a minimum of 2T wide but if we change them to be uh 3 and 1/2 ft wide I guess you know it will three feet wide within 5 ft on Center then you'll have them put in a half on each side instead of a foot and that'll make it 8T wide I think this is probably a question for uh the engineer but since you're talking about making the driveway conforming in width yes uh by adding that additional coverage will that put you over on lck coverage I actually did do a calculation for that and it did not over of course everything you know if we're going to rotate and plus if we're taking a corner off the deck that's going to help us with the peras as well but we'll obviously have to redo the calculation after we make the rotation to the garage as been proposed and then one other question you're proposing concrete uh so I I know that the owner was interested in doing papers so I highly recommend you do not do in a twoot wide strip of papers is going to come apart if you're driving your car over I'm really not a fan of ribbon driveway period but I see their advantages here um papers are just not advisable especially even with a little bit of a turn that's no this discussion You' been here before so what will material be it'll be it'll be um con so can I just clarify So currently your existing perious is 64.4 right okay so so even extending the driveway adding that structure the reason you're going down to 59 is because of the sector R well because of the general layout of what the previous driveway was and and the shed taken all together were by going to the in yes we're reducing looks more dense and more I can address that during my testimony as well okay yeah I got you only questions I have open portion application to the see questions good evening and Joe since the last time you've appeared here your license is just still still current still current and you are licensed engineer as well as in the state of New Jersey offer Joe as an expert in field both engineering and this one I have plenty of 82 that's already mark But A2 which is also up on the board Joseph kba kba Engineering Services m one New Jersey so did we get the okay thank thank you so Joe uh you've been charged by the applicant uh as well as working with the architect to prepare the plot plan and Grading and drainage plan cor you prepar the rating and drainage plan I reviewed the architectural plans thoroughly and we've been asked to provide planning testimony for the and what are you proposing to uh deal with drainage let's deal with that first because so we are proposing a couple yards dryw in the backyard to collect the run off from the garage uh in order to improve the drainage from existing not impact any is it necessary to collect anything from the U structure I don't believe it is because all of that is pre-existing so we're not increasing any of that the porch the house even the shed uh has a roof over it so we've collected the areas that are increasing and actually collecting more were reducing and by removal the shed uh area so it's a net Improvement of and you'll agree with um Mr fr's letter as far as what has to be proposed exp um all right let's talk about the garage and the ren driveway and the deck uh certainly um so we should probably talk about it in totality in the context of the property we do have a 50 by 100 foot proper uh it is coning size but 100t deep especially with a pre-existing home of deck makes it difficult to be fully compliant with the ordinances while trying to develop and add a garage I think is certainly an improvement to the property increasing parking uh and uh providing a safe secure place for storage of not only a car but bikes and Pie boards and things like that um and we are in the single family uh residential Zone um so I think it's certainly appropriate to try and address that uh garage issue uh the location of it as the architect had indicated is intentional to try and allow for Access while also fitting it in there uh if it was placed in a parallel condition to the sidelines uh it would not be in alignment um with the it would be actually off alignment from the house would be possible to get the vehicle what we did discuss was the possibility of rotating that slightly maintaining the 5ft rear St back and the 5T side uh the generator itself could be twisted um you're allowed to have the Gen one side of the generator up against the garage so one of the other issues that we're dealing with is generator separation so we have to have uh three sides of the generator open um for you know exhaust and fire requirements so the thought would be that we would shift the garage over slightly rotating it um to be somewhat against the generator we could gain probably if I had to guess two to three ft of space shifting it to the right and rotating it um I don't know the degrees that infring a protractor this evening I apologize uh but uh by doing so it would help alleviate the the concern of the board engineer which I certainly understand of having that uh that turn into the garage uh it would also help to uh provide a little bit more separation between the garage and the deck uh also by us cutting off the corner of the deck now the intent of that ordinance obviously is to provide uh airl open space between structur they want accessory struct be right on top of each other um in this particular case the uniqueness here is that we're not up against the the twostory or the one story portion of the home where we're up against the deck and the ordinance isn't clear whether uh it's measured to the deck or the home it just says to the structure so the buds of caution obviously we measure it to the deck as an attached structure to the home uh but the deck is only 3 ft above Brave it has a railing it's a lot more open and spacious so I think the combination those three things make it an appropriate design that provides the benefit of additional parking uh provides the benefit of adding the garage uh while also balancing the concern about the separation between the structure and the deck so I think in my opinion this is a C2 variant where we are trying to benefit Planning by providing those benefits and I don't believe the detriment is substantial one of the other concerns or or uh reasons for ordinance like that is to uh for uh visual clutter intensity in the backyard there uh and that impact on maybe the neighbors again to the back of us is the condos uh the neighbor to the right um has their shed in the back corner uh the neighbor to the left where we have the 3.1 twoot setback that's actually the driveway so we have good separation to the next house on the west side and I'll get into that in a minute um but I know it's a it's a rather small garage it is only one car rather than two uh so I think for all those reasons the garage is in appropriate location that Rel for The Bu now if we wanted to work with the uh Ford engineer as far as relocating any any twisting or turning or relocating that is that going to cause you think that's going to go into the rear yard setb back so we can do it without going to the rear yard but I think it's certainly would be a benefit if it did I certainly understand the the board's concerns about that neighboring properties but uh for instance the the neighboring balconies to the rear are only about 2 ft off the property line uh the uh the neighboring um the actual structure three story structure is 6.3 um so if we went to a say 3ot rear yard setback we were still complying with the the fire uh regulations um and actually to make it clear I know the board members in here but it's not it's not a fire code it's not fire prevention but it's a building code requirement to be 3T or more uh I think that certainly gives a little bit more space and room to to adjust this but uh obviously that would be a varying condition what about the uh front porch setback and upper porch setback so we have the uniqueness here it's a one and a half story dwelling it's one of the only two that are left on this whole block both sides of the street um that front yard St back to the dwelling is 19.95 where the 16 the average is 16.25 so the house is in a conforming location the porch is technically in a non-conforming location why I say it's technically it's 11.79% one block um I searched uh and I I don't know if they're renting it as two units but they're it's one half and actually that's why specifically we provided a photo of it uh if you're looking at the the photo exhibits that were submitted um it's the the the second page bottom right is a picture of the home for all intensive purposes it's one house and not only is it one house but they had indicated doesn't have a porch so it did they enclosed it um and it actually has a porch on the second floor so that that particular setback to that portch wasn't included in the average um I think it should be by definition it has a port has a second story PCH and the first story just happens to be in EN closed Port when you include that your the average then reduces down to 12.74% to the west of this property you have an outlier that's identified also on the survey that was submitted that house is about 26.5 ft back it is actually the one house that's out of place but we're required to include that in our average if you discount that the average setback to all the porches is 9.99 ft we are uh in line with both neighbors to the left and right uh the uh um at 11.7 I'm sorry 11.74 the house to the east is at 11.82% of the variance the intent to that ordinance is obviously to keep everything in line and we are we're in line with everybody we're actually further back than I think four of the houses on this on this block or more um but by virtue of that one outlier we do request or require relief so I think the porch and again first floor porch exists today it's the second floor uncovered porch which is actually a benefit you remember the architectural um exhibit showed that it's just a balcony with a railing right now and you see the photo on the top left of the home right now it's a bulky Gable porch it actually has more impact on airlane open space than what we're proposing so I I think the porch is more than appropriate and in line with everybody else and the bar for that can certain and you heard the testimony of Mr Cohen as far as the variance for the sidey setback uh yes and I agree with Mr Cohen on that as well the sidey guard setback at 3.12 ft I think is appropriate here um you know we don't want a home that looks like an addition was placed on it the intent is to provide a harmonious uh renovation here so it looks like an original home uh like I talked about with the airline open space it's adjacent to the neighbor that on their driveway is on that side um so the neighboring home is about 13t away so providing appropriate spacing between the homes uh so I think in this case um the Second Story Edition over the main portion of the home and the extension of the kitchen uh and the roof being adjusted that little bit because of the new framing all of that at a set back of 3.12 ft I think is appropriate I think would look more at a place if we did step it in um it would certainly affect the kitchen portion but would affect the entirety of it it raises concerns about just structurally how you support that when you have to sit step it in two feet um and aesthetically it looks a lot better being one harmonious addition so I think that variance could certainly be granted both under the C1 and C2 criteria C1 that the the house exists today uh but the C2 most importantly promoting the general welfare and a promoting a desirable bu environment anything else you want to um let me just check uh regarding the driveway strips as discussed we can comply with the 8ot width um so that we can certainly uh do um and we'll Ure that will comply with the imperious coverage as well cor yes we we are complying with the imperious coverage we're actually 1% under and you'll notice on the plop plan we have the existing condition the left side the proposed on the right and I agree if you're only looking at the right hand side we're not removing up but there is coverage on the left side that's being removed as well and the compendium of the coverage being removed brings us into Conformity we are 59% it'll be less than 60 I don't know whether it'll be exactly 59 might be 59.5 by the time we're done but we will be compliant with the first which is certainly a benefit the promotion of the general welfare is bringing things more to conforming so we taking a nonperforming cover and bring it and hbac Generator they're all comp that's all in compant Lo just to confirm um the ribbon driveway portion only composed um from the rear of the house to the that's correct so the the the front portion of the driveway is non-conforming in that it has a zero setback that is preexisting concrete uh it's actually in pretty good condition we did provide pictures of that as well so on the photos that uh that the board has you can see the driveway on um the bottom left photo and the bottom the top left photo on the second page um um primarily on the bottom left you see that the driveway extends the neighbor's walkway if we cut that back to be compliant we would make a one foot strip of lawn in between the two which would be a difficult to maintain and B we there's no way we can do it without impacting the neighbors's pavers that are already there as the walkway it is a nice clean um existing condition the driveway is in really good condition uh so we felt it best to to leave that as pre-existing because it's it's there it's in there and address the portion towards the back of the property um obviously uh when we applied for this 3 feet was the requirement now one foot is the the current ordinance um because of the existence of the neighbors walkway the fact that the two butt up against each other we felt the pre-existing condition can stay it's probably a more aesthetic Improvement as well how big is the shed that you're removing um brought a scale but I brought an architectural scale um I believe it's about 8 by10 the existing shed uh and then there was all the papers and that that were in front of the shed as well as all the concrete as well as all the correct so the driveway is about 11 ft wide uh and when reduced to the ribbons it's only about four 4 and2 ft wide and how big are those flag Stones the flag stone oh the uh the strips you mean the driveway says new flagst walkway the steps in the back of the deck oh um I I don't know the exact size of those but I believe they're about 30 in wide and maybe long the flag all of the impious calculations are identified on the architectural plan the very first sheet and he breaks down all the square footages uh and yes I believe they are all included in that impervious coverage calculations if you look at the uh bottom right hand side of the table and the top right hand corner of the plan yeah the pl identifi them as included 23 correct right in there at the bottom of that section is all the the cover there you see new flagst so they they did an indepth uh calculation of the impervious and determine that it's compli and bear in mind it's a 5,000 foot lot so every square foot has a little bit more of an impact down on a 7,000 your testimony is would be 59% even with the driveway being a little bit wider correct with the adjustments made we will be under 60% that's our testimony we're not asking for a variance for purose so seems like it's the the one point that has not been really set in place how much how much kind of I mean as Joe had indicated I think we would propose if if you were inclined to give the rear yard setback a three foot set back it's not going to be the entire garage it's not going to be all the way across because it's still going to be skewed but we would propose a threefoot step back to and work with Mr Freda with that with that design to make sure it works and rotate it so it's immediately adjacent to the generator rather than immediately adjacent as close as allow to by tood rather than having the about 5T or so distance between the generator has to be 5T each side correct which right now as it's shown is compliant at 5 so the generator would have to be to the other side not necessarily we we have about I I would say about 4T of room of space between the generator G that we're not required to have on one side you're allowed to be I think 12 in off the generator so we could shift it over 3 ft and back and turn it so it's better positioned on the property and further distant from the de but we can move it without incurring another variance too it can be moved without incurring that rear too yes you you lose VAR well the VAR there now be adding that that back corner go would be adding that and theator VAR foror will comply we'll ensure we'll guarantee that the generator will comply I prefer not to add another bearing but if the board feels different agree what would would it change the distance to the structure geometrically it will change it slightly because we're rotating and moving it um it's probably not going to be feet it'll probably be six in further but we're also cutting a corner off which is going to add a couple feet so you still cut the corner that yes we're we're stipulating we're going to cut the corner of the and three ft enough should be more I think three ft's enough but you know what if they need four and four because they need the extra um it' be better open more right now just to just just to make that have a problem when in reality you need 20 correct no no no we're talking about cutting 4 ft off of the deck can I can I go back to your porch setback for just a moment when you were doing calculation for how far they work from the street lining up the other properties were you doing balconies or were you doing front porches uh that was measuring front porches I'm unaware of any balconies that extend beyond the front porch okay but do all the balconies that exist are they even with the front porch or are they s back they're not balconies upper porches upper go to the edge of the allowed to go to the same distance as the Bel and I say in my recollection the majority of them do go right out to that the one to our right is set back a little bit more I think that's the I think that's the only one that's set back if I remember remember the balconies are only two projection I was just going to ask you can you walk us through or at Le may walk through the number two variant under V2 which is I guess the upper so you're creating that because you're adding an upper forch correct uh correct so we're violating that by virtue of the upper and is there a reason why you would be violating the I mean I can get other variants as being violated due to the nature propertys but why is this one being created because the the the upper uh porch is going to be immediately above the lower port and we felt it's it's in the proper location it's only because that 26 ft setback that the average is even that far back all the other homes are aligned at about 10 an average of 10 ft we're at 11.74 I believe it is so we're actually behind the average save for that one outline they're the one more inconsistent with the with the character of the neighborhood than we are but it didn't have the upper porch listed there wouldn't be the need for this correct cor okay I think the architect um also provided testimony that uh he tried to keep the second story in line with the first story so that like to prevent leakage like and currently there's a roof over the porch that extends even Beyond where the new upper porch going yeah so if you look at the um in the in the photos upper left photo you can see the bulk of that porch yeah pretty added character with the neighborhood and rather large that kind of gable bright light the coverage there whereas if you look at you can see it a little bit in the uh the photos on the other sheet looking down the street you can see just about everyone else has an open second floor porch with railings which is more the character the neighborhood than this big bulky Gable and that's not only a character of this neighborhood that's a character of a lot of Bradley well it's a character of yeah short towns in general Bradley Beach especially you see the what we're proposing a lot more than you see a large Gable and it's fair to say that the ordinance actually encourages it by saying that upper level tches can be above a uh lower level porch as long as it doesn't have a cover I think that's fair to say all this conversation that's in the back yeah so the house next door the porches step back the house right correct yeah the house to the East and there yeah they have a little bit of a roof and then the the balcony upper porch is set backward and this porch is only going to go over what's existing now all the not expanded in any way beyond the existing foot could you show to the um the page with the renderings [Music] modern technology that one uh yeah yeah so so the the left side that left rendering that's that's the porch so if you compare that to that photo in the upper left that's the difference and the gutter system is going to go off obviously theid not so the shed the gutter system for the POR you mean yeah um it typically runs to the front usually have a a trop defer the architect a little bit more yeah I would typically run it down by the the column yeah there'll be a gutter across the front and down what's the that I don't know I defer to the architect the uh so there's two different heights in our and this is strictly for memory and how tall I am uh there's two different heights in our basement most of the basement I would say is about 7 and 1/2 ft okay it's they did some drop ceiling there and maybe there's maybe another six or8 in where there's pipes up there but it's about a foot above my head so I'm 6'2 so maybe about 7 and 1/2 ft uh and then there's two sections of the basement one is the heater room um and that is on the east side that steps down about another 6 in which is where we had our plug when we had that 10in rain and then towards the other side of the house there's a little storage closet in the basement that also steps down about 6 in and the rest of the basement is built has been the floor has been built up I believe okay while we have you there we were just discussing this you're removing the washer and not nothing that makes any difference you're removing the washer and dryer but I don't see where you're putting it second floor so we don't have to carry cloth from the basement up to the second floor where the clothes are dirty a shoe and where you fall them put we we're both 68 with bad KN so it's going upair anything else Bill no that's up okay thank you I have one more question about the B Sure uh the sub that we show where does that discharge uh the current Sun pump discharges out to the drain pipe on the east side of the house I let you see it pictures here um well if this is East Side the you can see the down SP I think it goes right along here along the driveway that's where it currently discharged I don't I don't know if there's been any change so it gets pumped out to the driveway and it runs down the concrete driveway down in Street correct par the area to the left of the porch in the front yard is that landscape is that lawn that's uh some Landscaping in lawn you can see it in the photo um there are some shrubs along the house most of it's one it's concrete now that's going to be taken out uh in the front no it's La there's concrete on the left there's a walkway right Jo there's an existing walkway so that yes there's a 3ot walkway along that property that's where the thank you uh I have a question how many trees um the row of Ary across the the rear of the property the rear of the property yes um I believe those are all up against the fence I don't know that they have plans to remove them I would no plans to remove any of them no okay there they're a nice buffer between this it looks like where you have your shed right now there's a bush or a tree or something oh there's a uh what's the name of that there's a CRP mytle there there's a CRP mytle uh if we have to we want to keep that we have to move it relocate it we relocate it we just put it in a couple years ago we love it it's really pretty so we don't want to L just watching out for the shade tree what's that just watching out for the shade tree yeah and the other tree in the middle of the yard is a big sour cherry tree that's been there for years that we love I have question if you were to go forward with this you have approvals is there any sound mitigation for the generators me to set that um it's also one our ordinances that we like to have some sort of shielding for the noise buffer the noise planting any you have to have 5T of clearance there's to put you you put you put plank set there's also existing fence in there because those generators are loud when they fire off when they go test they fire off in 5 minutes uh no they don't 10 minutes no they don't no they don't I I live next I live next door to one goes off like 20.5 minutes and I hear them going all you're loud you're loud and you're annoying and the thing is you're bouncing off a garage we' have no objection to planting some shrubs around just just any anything to help mitigate sound does it work I don't it is something last revie of Master Plan about we'll put in to the exent that we can Cy Cy uh I would actually strongly suggest we don't do Le sers in a 5 foot area they grow really big and they're it'll be over the neighbor property all right so we still haven't resolve barage as to positioning and how much how can we do that now I know we're going to take fouret it's going to 4ot right triangle off the porch um of that corner what are we doing as far as how far can we pivot that and maintain the 5 foot back corner so I I think for purposes of uh of describing it we would state that we would rotate it but maintain the rear and side setbacks such that is it is as close to the generator as is permitted by Cod just you're just shifting it to the right we know what the difference distance is it looks like about 4T yeah it's approximately 4T isation BYOD start how close constru the gener the generator how close be the generator can be one side right up against the house little it's either 12 or 16 no you have separ I I don't mean right on top of the house they can rotate it to where I mean right now there's like 6 ft in between it they can rotate that and we' have no OB it's going to have to listen construction's going to be there to take this up if they're if it's approved they're not going to let them put the generator in a spot where it's not allowed right right so if that's the case then they're going to guess what they're going have to move to the other side of the garage and that could happen if construction looks at it doesn't Cod require they're going to have to move to the other side of garage but that's what I'm trying to I'm trying to avoid question coming up when it goes when it's getting moved and getting built what is the driving parameter going say okay that's far enough and everybody had well so here's what I say Fe is better than what we have Mr Right Now what we're proposing works you could drive a car into this garage it conforms with your ordinance if there's a concern about moving it more to the east we're okay with working with your engineer to ensure that we can still drive a vehicle into into it and still comply with the ordinance and not create any new variances if the board doesn't want to Grant the rear set I got and Joe tell me this is okay so if we require them to to move the southwest corner of the proposed garage 2 feet East and then rotate it as close as possible to the location of the generator where it's it meets codes would that be sufficient that would probably keep you about four feet off the southwest corner I think Norwest talk about the Southwest corn closest to the de so we move that 2et East I don't think there's any way geometrically we can still hold the 5ot S up why is that the 5 foot side five y so you just need to turn the back of that yes and they got to or slide it back you have to slide it back and if we slide it back we're into the 5 foot rear set right so we're just rotating we're pivoting off the southwest corner soueast corner we're pivoting the northeast corner approximately 3 to 4et and that's going to leave you with about a 4ot rear yard we would bring it forward to comply with got that's good then if you bring It Forward would you be closer to the structure than you are currently um I don't think so by virtual it was rotating that front corner pulls away from the deck slightly that's where I was going using it's really hard to describe without without a pro record we're not going to angle moving it we're not going to get to a firm answer it's going to have to be reviewed based on testimony and and we have no objection to as long as the professionals okay with that we already got four foot off the porch so you're going to get more than four foot now between the porch right and the new garag is what we want I would like to see that generator on the other side but you can't force us to do that if my client wants to keep it over there and you can put it there 5et 5et from the rear side you can do that you can't force us to do that said I would like not a force I think the reality of the geometry here is even if we move that to the other side I can't rotate the garage to take that space CU then I can't get into the door anyway I understand why you yeah and the fence is any more questions the public question 612 thirr Avenue um I just want to confirm a couple things maximum building coverage you're proposing is 29.1 uh I believe so yes and the the lot coverage the building coverage you're entitled to is 35% is that correct that's correct and now if I go to maximum building Heights you're proposing 28.75 yes and the uh maximum Building height you're entitled to under the ordinance is 35 ft uh correct and and I agree 28.75 is measured from grade at the side I think the actual ordinance definition is probably closer to 30 but we are yes much less okay so in terms of of bulk and scale um this house would be underbuilt as per the what the ordinance would allow is that correct I would agree with that yes great thank you any further questions from the public same n portion up appli the public the public comments make motion to approve the application with following changes request it's basically the garage it's very ambiguous how we're going to describe this but we're going to kick that garage P pivot that garage to maintain the 5 foot on the East and the 5 foot on the North change its angle closer to the generator generator and stay within code for that corner the South West corner of the generator whatever that distance is supposed to be have maintain the porch is going to have a 4ot right triangle cut off the northeast corner dear the deck I apologize the deck the rear deck 4 foot car out the driveway will go to 8 ft using ribbons you'll adjust the width of the ribbons and also the gap between them to maintain that a which will bring you within one foot of the easterly property line is that correct that's correct no more no closer than one ask for um Varian is about the front porch it's 11t the set back was 114 117 11 a parking is that that around the right adding some sound litigation of natural vegetation around the uh generator and also the variance on the west side of the expension for the expansion of the proper the expansion of the nonform but existing non 3.2 and you'll agree to all um requests by uh board engineer regarding drainage Direction drains a dryw in the back pop up M at the curve we that's gr all of that I think in our discussion I know you're in a motion I think in our discussion with the engine either a drywall or the pop up front I think which one so we're proposing the drywall okay then drive for got that so you strike uh does Mark doesn't say it does not say whether it's garage or not it just says re pipe to pop up M the same place the drywall that means are plans prepared and my testimony was I apologize forwarding our letter we were talking about the new construction so so the footprint of the existing building Remains the Same even though it's okay so the existing drainage as will remain as is to the to the driveway into the Street Garage driven to a uh driveway yes so that's anything else the time requires that's on [Music] you Mr Mayor yes I'm um just because we created another variant with the second um upper balcony that we didn't need to and that was just my concern by do appreciate but before we go on that everything else was adjusted and we came to some good conclusions so it's not lost on um Miss uh yes I appreciate the decrease in um the impervious coverage and um getting under that threshold also doubling the um doubling the parking what the minimum is I think that's a huge um a huge Improvement um in addition to um just again the driveway no I'm not comfortable with the buzzing off the corner of the deck try to comply with a 20t versus 4T Miss um vot yes I do have Mr M Mr I'm having issues with these variances in theage uh and Stu and chair mayor oh yes and oh yes I know variances more we trying to avoid variances unfortunately some of this some of this is existing um existing conditions I appreciate the oping work with us to try to miate and improve the property on that side of time thank you thank you thank you congratulations talk to tomorrow thank you muses e [Music] our next application under consideration is L 2327 use in both variances for the proposed conversion of an existing bed and breakfast into a single family dwelling nla Properties LLC block 25 block 15 900 Ocean Avenue the applicat proposing to change the existing use of a bed and breakfast to a single family home applicant is proposing to replace the garage apartment with a driveway and retaining malls uh this proposal requires variances for front yard setback Building height side yard setback to the dwelling uh driveway apron withd Drive WID building coverage and imperious coverage applicat are presented by again Jeffrey beakman the Bean law firm oce Gro New Jersey I represent nla Property Management LLC principal sitting to my right uh James hudu and um just a brief overview of this application so it sounds like a lot of axes but the bottom line is there's an existing structure there the structure was has been AED in breakfast for a number of years um it is a non-conforming conditional use in the RB Zone but what we're propos to do is to convert that bed and breakfast to a single family home utilizing the exact replica of the existing structure without proposing any changes to the structure and dwelling itself secondarily there was a garage with garage department on this property this is the property that burned down uh now probably about 2 and a half three years I I would guess right um and U that structure has since been taken down and we are proposing uh and um we're proposing to have two parking spaces in the rear of the structure um there is a small adjustment in overall uh impervious coverage but in general again most of this is already there and the main thing is to transfer change it from the existing bed and breakfast use which is a pre-existing um use that is permitted in the zone it's just it's a it's a non-conforming conditional use in the zone as the Zone has been changed over over the years um and with that said I will introduce uh actually we're going to have three Witnesses I have James Hudak Joe PBA again and Bill Conan is um my my f contractor who's been working on this diligently for several years so come on out up and and ra your right hand please with our experts affirm to tell the truth the whole truth so Jim as I introduced uh you you are the principal uh me managing member of nla Property Management LLC yes and you're obviously authorized on behalf of the LLC to testify this evening yes are there any other members of the LLC yes my wife Mar okay and what's the percentage of ownership between you and your wife uh 50 okay uh no one else has more than obviously a 10% ownership since you're 5050 equals 100 correct okay good um so Jim how long have you own this property uh since uh July 2016 so can you just give the board a little bit of background prefire what you've done with the property since you own uh it went through extensive Renovations uh this went on over time uh we first renovated the garage Department uh that became a rental property uh we did massive renovation within the structure itself we converted it from eight bedrooms to six bedrooms however the Reon Chang the footprint inside is that none of the bedrooms as the old bed breakast have their own bathrooms so uh we reconstructed it so that every bedroom had a bathroom but in order to do that we had to decrease the number of bedrooms by so you took bedroom space and made a bathroom space correct okay um have you done any other changes to the at that point prior the fire had you done any other changes to the interior as it relates to bedrooms other than converting the bedro uh no but we did a lot of structural improvements on the home foundation work additional footings in the house essentially the the uh the entire building was and there's an extensive file in the building department correct um so you you've done that all with permits zoning approvals as well let's talk about the fire so so what happened with the fire uh so it was a accident that happened about uh two years ago um we're having some finished work down on the house um unfortunately was a subcontractor uh working on it it was an accident um the the fire actually started on outside the house on the patio it caught the fire caught the back apartment on fire uh this was in the data winter uh so there are no smoke alarms going off start outside there was nobody there uh so it went on for a while before this reced the back compartment was pretty much destroyed uh fired uh uh the furniture on the back patio caught on fire which then shifted over to the back of the in and so the fire on the in was really on the outside and a little bit on the inside but most of the damage on the itself was smoke damage water Dage and as far as um the just before the fire you were you just finished doing some of your renovations you got permits in in yes um okay so fast forward you're working with insurance company I assume yes and um at some point you did some additional renovations to remediate the fire damage on the main structure correct correct and we also uh demolish the back structure and so with respect to the the main structure before we get to the back structure but with respect to the main structure were there any other additional modifications done at that point so the only modific the only modification we made to the floor space we took uh six bedrooms down to five bedrooms because we converted to anticipation a single family house we want have a master bedroom so we converted two bedrooms into one that was on the third floor and it's on the second floor on the second floor so these are plans that we submitted that were prepared by Michael mastero registered architect are you familiar with these PL yes now these plans identify certain rooms like owner quarters on the first floor um and then we have what's identified as guest rooms on the second and the third correct what are those rooms today what would you consider and as far as your request to convert the um f breakfast to a single family home you're just looking to convert those guest rooms in these plans to be be bedrooms correct consistent with what they're used as today not looking to add any bedrooms no um I believe we talked about there being a guest room on one of the floors that has since been removed is that so there's a guest room number six on the third floor which is just an open Lo area Okay so just describe what has happened to that area door closet right so um the uh guest room number six at one point in time that was a bedroom we've opened it up we removed some of the wall um it's an open area as you come up to the top of the steps on third floor so there's no there's no closet um there's no closed door it's just an open lockt area for people to use on the on the third so anyone who came to the bed and breakfast can use that correct as common area yes you're not proposing that to be I mean I'm sorry the bedroom no okay so just to be clear and I guess we'll work from this plan right to left on the third floor we have how many bedrooms what it says R1 yep so on the third floor how many bedrooms are on the third floor today two bedrooms and two bathrooms and can you identify which ones of those are bedrooms so five and seven and guest guest room number six is that open Lo on the second floor which is the middle layout where are the bedrooms on that okay so everything exists so the the guest rooms what we've done guest room number three and guest room number four um have the walls been taken out between so that is one and then what else that guest room number one guest room number two guest beds so we have three bedrooms on the second floor corre so between first third and second we have five bedrooms yes all right now let's go to the first floor we have owner's quarter what is the owner quarter it's just additional space I mean there is a bathroom um I suppose it could be used as a bedroom not really the layout of such it's a very narrow room one point time the in it was additional space for cables could be used as an office it could beity room very narrow long space that doesn't really it's not a good set up for okay so for purposes of this application for conversion you're not proposing that to be a better no speak please go back the middle sure so guest room three and guest room four not ined correct guest room one still exist and has no closet guest room 2 has no closet there are there are buil okay I'm just going by the plans I have it doesn't show us but I don't see any any closets of one or two and I don't know what the size of two is what is the size of that I don't see the size of any PL are pretty efficient my well the building the building plan is a plan so I need I need to have a dimension to work with it so your plans show a typical buildin unit but they also show a bedroom refrigerator coffee bar um will those be removed from the bedroom or will each bedroom still a there's a buil there's a right and she are two of the pl set shows a typical building unit those the building in the bedroom that don't have right so those were um those were additions so this plan was designed we operate this ased breakfast so we ESS that would be okay so you don't have that doesn't exist so I think that um at the very minimum you should go through with your Builder or your engineer and cross off on these PL but no longer exist if the typical builtins aren't there actually this shouldn't even care really about the buils except to know that if a room a bed designated bedroom doesn't have a closet it has one of these may just want to interrupt one thing what's that I want interrupt one thing those builtins excuse me shows an intent that is different than a single that's all understand understand these plans were the plans that were submitted for the renovations I understand your question I want go I want go down that rout right now but here's here's what you want to go down you have meranti license for a bettered breakfast yes it's that going to be turned in and eliminated as of win yes well we have to get an approval we're not going to turn it in if we don't get an approval yeah that's why we need to see the actual correct plans I mean you I'm looking at you said there's uh how many bedrooms six five five I'm looking at Guest Suite one guest suite two three and four where's number five it doesn't show me where number five is you explained it's up on the uh third floor that's been eliminated I no Seven's on the third floor is no no he's got gu sweet listen got it's confusing with these plans I know and I was trying to get to that point so I'm I'm trying to explain you got to give the board something more than this to get approval whether it's a condition of approval or not um you know your Builder or your engineer or your architect if you don't want to have an architect somebody go in there and measure all these RADS and measure all these looks a lot of work but it needs to be done because construction is going to need it as well um and we need to know what each space is identified for yeah I think that based on the plan submitted it was very confusing to me um how you were applying to become a single family home because the plan submitted make it look like still a bed in breakfast um so I think it would be beneficial and we did you know question that in our letter I think it would be beneficial if everyone could understand how this would operate as a single family home and you know what the spaces would be used for in a single family home like on the first floor there's a kitchen and a bunch of prep rooms but there's no like living room or dining room room um so to me I don't I don't see when I reviewed this application I didn't see a single family Christine your experience Define a single family home what does that CU I looking it up and I can't Define it still with a single because family the definition of family is changes in this day in the year 2024 and single family home can conr many things uh group homes um whatever what however you want to look at home is a subjective term I don't know what I see here I I think I know what I see but I don't I want to know what you're if you got turn if you got turn if you want to turn this into a la of okay we'll use that term Single family own I need to see what it looks like a residence how is this going to be turned to a resence this is this is all maybe could have would have should have and I don't I can't this I will but don't want can me it looks still like a r house can I or a bed and breakfast and there was no intent of it this being knocked down and rebuilt it was taking the existing structure and reconfiguring Interiors correct okay and just to be clear the intent before the fire was to be what was this property ever functioning as a vom breakfast time not in my ownership but it has to be it's got a ly history but actually taking down the apartment which part origal bref greatly reduces the economics of runninges that was actually one the primary ders a separate apartment was the largest part of that doesn't exist anymore so the only thing that exists here it's kitchen living bedrooms um it's U misnamed because this was the original but the guest rooms are bedrooms and the only built-ins there's nothing complicated here it's just additional space where um you could you could hang clothes um because these rooms are very small and we Havey to be very creative space understand but we need know I me the other concern too is that we're going potentially right we hear this out we see what your plans are this is a commercial going to residential this the proposal right that would be the one type of vote and then the next is that we are now being we would be approving essentially another non-conforming property 100% because I mean the building coverage is supposed to be 35% regardless existing is 7 to7 and the new is 63 that's over right but if you say no continue to be operated as a bed and breakfast and and you you take you know you take your what's what's better for what does the board consider better for the town a performing line W because s what do we now at 83% of the town is non performing we just keep adding to it but we're not adding no but we're not helping the situation right yeah so I'm going to I'm going to ask for this matter to be carried at this point because you know obviously I to talk to my client about what steps we're going to take next um and I guess I don't know if you have a date do without been taken down already in terms of like open space open concept whatever or is everything pretty much still status quo only thing that has been done since the original got took one wall down two everything else ISS it's called a PR room but it's really C um what is your plan I think we need two I think we need two months I I don't know I got to talk to Jim about it so I think we need at least two months okay so you're looking at June I guess so no it's March the month do you have room on next month um right now I have two applications schedule so I can do it the April 18ths I'm out of out ofate 16 I think April would pushing that I believe so too and I feel like we do that all the time and then nobody's ready because everything has to be on file 10 days before May 16th okay May 16th May 16th without further notice thank youbody here for this application there'll be no further notice this is the notice car I good [Music] night [Music] sorry I'm sorry I apologize um our last application for this evening is Luv 23/28 use in both variances for addition to an existing garage structure Robert G block 81 Lot 4 27 and2 Pacific Avenue applicant proposing an addition to the existing garage by enclosing the area under the existing second floor C lever on the garage the proposed improvements require a variance uh from the board regarding use inside yard sets the best you the only one testifying my wife is here she wants to you can both be swed if you both want to come have a seat up here this way there's any questions you each raise your right hand please along with the professionals sarer to tell the the whole you [Music] can fl's yours okay uh well thank you all of you for being here and dealing with us I think uh good amateur compared toone that was recently here but going to do our best get through this so I'm Rob Gallow this is my wife Cassidy for the owners of 27 one Pacific Avenue uh Cass up the beach town we moved here during the pandemic uh back in may2 have been here just just under three years now and uh we're full-time residents year round last summer actually proposed on the beach we got married and uh it's actually three months through the date and we're looking to start having kids and lay down Our Roots here uh so let's talk about the project now as you can see from the pictures that I handed out the structure has seen better days it's in a state of disrepair and nonconforming structure uh it's in the center of Vick's parking lot actually it's that big ugly White House in fix parking lot um and essentially what we're proposing to do is a massive aesthetic Improvement to the structure um just to really make it look better it's a highly traffic invisible part of town excuse me um you just came is this part is this packet so this A1 okay so in addition to making it less of an eyesore we're proposing to bump out the garage by approximately 7 ft under the existing believer so it won't make any changes to the existing building coverage or the existing uh imperious coverage of the building uh the garage the reason for that is you can't even p a car into the left side of the Gage it's not large enough given there some Mechanicals in the space and we'd also like to have little bit extra storage the next change is we're replacing the roof and you can see that the roof is has a different pitch and different shape than what it today again it's it's an aesthetic Improvement we think it looks a lot nicer the and the existing roof uh actually a 7'3 in clearance at the highest point and at the lowest point it's less than 5 so I to turn onion typically hit my head we're not proposing any other changes to structure you'll see that there are a lot of other variances it's it's not enough room in the back or on sides uh we're not proposing to change anything we just going to keep it exactly is essentially I applications like this one you have two principal structures on Prop you understand what that means I'm just saying you understand there's like two houses two two actual houses the lot is undersized 4,900 ft and by today's just enactive zoning not by us but by the council you have to have 7500 sare ft for garage Department you have 49 on the Square so if that comes down you take it down you can't rebuild so there a lot of things going against you on this and it's and want to expand a true non-conforming prod and in fact it's a second it's two houses on this that's why I say I hate these applications your heart is in the right place your intentions in the right place but it doesn't work I just unless I'm wrong here somebody convince me otherwise the facts are it's a truly non-performing property and expansion of it is and I don't know going into this if you somebody misled you or told you you can change this or do work on this I don't know but that's not the cas well we don't necessarily need to bump out the garage but we we would like to keep the structure no we say you have to change you don't take the sub structure down it is what it is but it can't be it can't be expanded upon and you can do aesthetic work am I correct you you can do all the aesthetic work you want yeah the the issue with the aesthetic work that we wanted to do and that's actually we started just by wanting by replacing the S all we wanted to do was replace the siding but when it came to replacing the siding the problem was the roof the interior of the building you couldn't even move around in there was unusable so we wanted to bring that up and you bring that up to a height where you can actually walk around in there now you have to change the pitch of the roof and as soon as you change the pitch of the roof you need a variance and that's why we're here right that's correct anything you do based this structurally to this you have to have a VAR right I mean it's sabage work right and when we when we talk about replacing siding and windows it's a it's a major expense and to take on that sort of expense and still have a practically unable structure to so I raise another issue the board has to decide how they want to handle this every application this is a D2 variance use VAR there's been no testimony Regarding why under the law use should be right I think um kind of just to elaborate on that you know I certainly could ask questions of theant but often um you know we require a professional planner always amateur this all people come and it's not it's not not it's just unfortunately people take this process they don't quite grasp what the process is and it can get complicated and and it can get expensive uh may you want to explain what the D2 variant is all about so you're you're asking asking for an exception to the zoning you have you're expanding an existing nonform expanding existing nonconform use use VAR in order to come to land in order to get an approval to and you have to provide testimony as to the justification for the board to Grant the use vars certain parameters that have to be discussed and advocated for the board typically when you have a use fa you have a professional planner come and explain why they should Grant the to the zone and so in order for the board to make a intelligent decision on the application you have to provide testimony that allows them to get to the place want it's not up to the board the board professional to give you that information you have to provide that Tes we Theus is on you to make and so and it's also a super majority so that um this is a combined board but U this is a use variance so seven seven members of this board not the full board but seven members of the voting on this you have to get five the votes a majority the votes and because um under the walk it it's deed to be a a major hurdle to e experence therefore the criteria was was H so the expectations as to the presentation have to meet that you start T the other two outlets before you they came with lawyers planners architect for a reason because there's a lot of questions and we're not we're not here to do hindrances we're here to help but C only so far done rules and regulations yeah I understand our architect advised us this is a small project existing conditions I'm gathering by the reaction here what what's the EXP the options like cuz if we take you if you take a vote yeah right so yeah um what do you yeah that's if you proceeded tonight and you were deny deny that it runs with the Li and you would have to come back substantially different application so what you may want to do it's your just like we application and I don't know who you're AR the professional planner architect I don't know who your architect is but what we're talking about is planning testimony and if you based on that comment comment you later you mean not be the one think he's not so so you you have to have a license plan um mostly Architects some do have planning with a license I'm an engineer with a planning license Christine is a full-time planner you need to have full-time plan for this because it's a pretty big ask that you're asking for and it would help to have a little bit of the story of you know where you guys are a nice young couple you want to start a family there's two buildings site now you know what are your plans for the fund structure you don't have to do anything now but it' be nice for the board to know what's going on you to do that tonight but be ready for that when you come back so that we all know and we can make a good decision for you and for the T you have two PR you have two principal buildings on yes know they came that way and you're paying taxes that way kind of like Twi that we that before and unfortunately it's certain was3 it was 70 up until two months ago that was my point about that comes down you can't build a garage ever I mean they just did we can we already know that we can okay you're aware of that okay so we'll uh we'll try to find a proper planner or or an attorney who can direct you to a planner these have planners they they go to people have experience so it's up to you I'm not going to tell you who or what but there land attorneys out there who can guide you guide your lo I assume these nice folks are off the table I think a month April 16 so you want to think the April you'll have a planner secured by then my friend make sure just make sure it's St yeah they're out of secret okay so you want to try for April it's just if we commit to April um you can always if you let me know you have to let me know in advance then we can make another announcement and carry it again um but any new materials that you're going to be submitting has to be on file at least 10 days before just because you go through this we telling you tonight and you go through all this spend get planners or whatever no guarantee to get understand still get W and were there aspects of the applications talk to your plan tell you talk to your planner have him guide you make make with uh right May 16th with no further notice and this way expens the newspaper make the announcement so anybody this evening who's um interested in hearing this application further they will be carried to May 16th 2024 with no further notice okay thank you see you [Music] again don't building the I would motion for um wait a second wait second um I would hold on to the information that you have for 900 Ocean Avenue as well as 27 and a half Pacific Avenue um until I find out if I'm getting revised materials if you get revised materials then obviously you can get rid of that but I hold on to it now we make motion for now second Ved on something thank you thank you everybody P any hey everyone how did we get the 83% nonconforming is that the 7500