see the beach know but the thing is and I every year it's never nice till the 4th of July like it's always cold and rolling rainy especially by the beach until the Fourth of July like June is never even nice maybe Inland but tell me when ready you ready let's call to me please rise unit States of America the [Music] stands thank the 48 hour notice is required the open meeting been met as notic this meeting was emailed on January 23rd 2024 publish as forest and poster board in the office and aop mayor M Fernandez here um I know it's indicates excuse but that was a mistake on the agenda um council person Mone here chair mayor here Mr Mayor is excused this evening Mr shook is excus this evening Miss Riley is excused this evening Miss SAR here miss berell here miss boo here Mr seith and M and also present this evening Mar attorney of theard start that now um or do you want to do that before we start the application yeah either way we do right now [Music] after just a couple ground rules for tonight uh presentation Please be aware the meeting is is recorded for transcription the public is asked not to interrupt comment or way to start a presentation of the meeting in general once L 's board opens an application the applicant or attorney will make their presentations with Witnesses and the professionals members of the board will ask questions cross exam each witness of the applicant as needed members of the audience will be able to ask questions of the applicant and Witnesses based only on the testimony given at the end of each witness's presentation at no at this time no comments testimony or evidence from the public will be accepted the board may call its own witnesses to present its own evidence with respect to any application once the applicant has concluded their presentation the board will open the application to the public for comments present evidence or testimony the need provide your name and address to be sworn in under oath you'll be limited to 5 minutes the applicant may also cross-examine you based upon your comments or testimony if more than one hearing is needed to complete an application will be Carri to a future C no new application start at 9:30 unless the board the applicants can agree if we concluded in a timely manner otherwise we carry the board reserves final decision I had distributed the meeting minutes from our regular meeting of April 18th 2024 chance to Second May fo yes um council person mom no Miss s yes yes yes Mr yes M yes and chair yes we do have two resolutions to be memorialized first resolution is resolution 20 24-10 approval of minor subdivision with bothan for existing nonconformities to the LC 66 left 227 110 Second Avenue and 204 beachen for appr M yes Mom yes mayor Fox yes Mell yes M yes Mr SE yes and chair May yes thank you resolution 20 24-11 approval of Ware is for the installation of mainr pool with the Restriction of the uh two family designation becoming a single family um John and Patricia Flynn block 37 block 41 to4 Ling Avenue motion question sure um so they're going to make it a single family will there be will there be a sight inspection it's at the time of sale that was that was the Restriction also to single family residents at time of sale at time of sale yes so they're filing a deep restriction okay and so they can they can have it be a two family right now if they have a full minute they have it is the two family right now and they don't use as a two family use extended family they don't rent it never and will they to a single St so they can save money no no just the house the house is just going to revert once it sells andevert back to single family so two the two family designations in a single family neighborhood will be in place Miss har yes M berell yes miss boo yes Mr yes Miss R yes and chair mayor yes thank you um let's go to the second one only because uh they've requested to carry this matter to our June meeting um the applicant has obtained representation and I received a letter from uh Richard Stone his attorney on May 14th um this is this does involve a use varant they would preer to have a full board so they request to carry to the June meeting on this is Lu 2328 it's for use and B fir is for addition to an existing garage structure Robert Gallow block 81 4 272 Pacific Avenue the app proposing in addition to the existing barage by inclosing the area under the existing second P of the barage the proposed improvements require VAR from the board regarding use inside act um do we have a motion to car June uh 20th meeting motion sorry was my second this will be without notice correct without notice um we had accepted jurisdiction at the prior meeting um and it's carried to this meeting but due to the number of MERS all in favor so anyone that's here this evening regarding 27 and a half Pacific Avenue this matter is being rescheduled to our June 20th meeting and it will not be heard this evening and there will be no further notice uh so the first application under consideration um was carried over from our March 21st 2024 meeting in order to provide isent plans um this is Luv 2327 using proposed conversion of an existing B breakfast into single dwelling n La Properties LLC lock 23 uh lock 13 900 Ocean Avenue app propos to the existing use of a bed and breakfast to a single family home the applicants also proposing to replace the garage apartment with a driveway and retaining walls this proposal requires variances for part yard set Building height sidey set packing driveway apron wi driveway with building coverage and coverage uh the app represented by Jeffrey be and mayor Fox and counc have to themselves because this doesn't for the existing just for clarification it's not a use deight there's a difference Jeffrey be the be La I represent the applicant as uh um your secretary just indicated U Mr Hudak is the owner of nla Property Management LLC property is at 900 Ocean Avenue we are proposing to convert the existing bed breakfast to a single family home construct a driveway that'll accommodate two vehicles and uh we'll testify about the that application this evening but uh the most important thing I want to stress here that is an existing structure and since the last application you did receive revised plan showing the proposed uh layout of the rooms for each of the floors which is one of the items that the uh board engineer as well as board requesting from the last hearing uh I have I do have a couple additional um photos that I want to just introduce uh we will um provide testimony from Mr kashuba who took those these photos uh there is also a reference in the U postard history series Bradley Beach you might all be familiar with that but actually the the building's actually shown in that from the the 1930s um I'll have to make pictur uh photos copies of this and send it to you for your record but uh that is the the building that's indicated in there and the last thing that uh pops up every year on the boardwalk um it shows the building from the 1920s and that's so we're going to have three exhibits um that we're going to add the first is going to be the the photos seven of the subject property of the subject property I don't think we marked anything at the last year I'm not mistaken correct we no subject property andring I guess CHR revie you took these photos I took these photos yes they were taken when approximately a month ago day before the last right yeah I don't have anything in my records yeah son in these photos so this was taking a long time ago two months here sure uh I guess we'll mark the the book is number two do you want me to run few you know if you don't mind it's uh it's the bottom there this one that bottom yeah be and then A3 will be the photo that pops up on the boardwalk every year I think all the witnesses were sworn in at the last hearing but for the record you understand that you're still under Ro I do you understand you're still under Ro you want me to proce I mean the photo the photo oh she's got to do my daughter's in Ireland right now and she's had more Blue Sky days than we have and we're with the bottom right photo yes so [Music] bottom right one thank you one we just have one two and three correct one two and three yep the book three is the ready ready Jim um just uh for the exhibits themselves the boardwalk photo is that something that you you took at some point yes okay so um that was in your record somewhere it's uh routinely put there every year okay and then as far as the book is that your book my book okay uh so you were familiar with obviously that that dwelling yes in there um and I think in the book that turret there you're familiar with your property I guess right yes what do you think about that turret as compared to what's there today uh it's the same there today um what about this um it looks like there is was at some point maybe a chimney there was a chimney but when I purchased the building half of the chimney was already off and uh the rest was not stru secure so okay so that was actually changed by you yes okay so that Peak that's on that side is that then existing the peak is still there the CH okay but that appears from this looks like it was apparently around the 1930s uh 193 yes and in your opinion that appears to be pretty much substantially the same as what's there today yes um the porch was probably enclosed at some point uh yes I'm not sure the picture that's listed here it's an open forch but at some point in time I'm not sure the year that wasn't close Okay um and how was the before you owned it do you know how that uh was utilized the property uh the property was bed breakfast and there was a restaurant on the bottom floor okay was the restaurant operating when you bought the property uh no uh I think the prior owners uh we purchas from uh CE the restaurant operations uh 2014 2015 and you bought it when 2016 um and prior to if if the board remembers there was a fire on this property um and prior to that uh fire you were operating this property as a b uh no we actually had not um uh the first thing that we did was we renovated the cottage apartment in the back okay and we operated that as a rent un but we never actually oper okay cuz you did some substantial Renovations yes okay and then um how did the fire car uh fire occurred um it was a accident uh caused by um subcontractors working on building uh put some materials in a garbage can out the back patio uh which actually with our renters garbage can should not have been put there uh what he dumped in there was sawdust uh and throughout the course of the day um smoking before he left for the day he he actually put a cigarette butt into the garbage G which um essentially burned for about 5 hours until it completely combusted and caught the back Cottage on fire so the cottage was burned pretty substantially yes it was be and the house or I should say the structure the principal structure um that wasn't substantially burned no uh there was fire that caught to the back of the house on the outside uh but most of the damage in the in itself was smoke and uh water damage um and you've since renovated the the in as you call it that's correct so let's talk about your proposal tonight um the first thing you're asking for Relief is to change the use from the current non-conforming conditional use which is a bed and breakfast that's correct to a to what single family um and and as far as uh you directed your architect since the last meeting to to modify the plans to provide a layout of the rooms uh yes so we looked at the old layout here which were the original renovations to the B breakfast that's what we suppli um these are as it currently stands okay and if you could just describe for the board uh going from the first floor to the third floor what was existing before this proposal on each of the floors as you were doing your uh so when we originally purchased that yes so uh what what is shown here is the kitchen in the living room uh kitchen before you get into the living room uh the kitchen was actually cut up um because the kitchen had a pantry because there was a commercial kitchen here so uh the there it was actually a wall that separated the kitchen uh from a pantry room now the K we took that wall down got rid of the pantry because we don't need storage for a commercial restaurant um and we made it into a very traditional kitchen very wide open it's L-shaped um and we opened up the walls here so there's a full view from the kitchen Al the rest of the house and you can see the ocean and uh was there a bedroom on that first floor according to those plant um when I first purchased it no um we we thought at one point took over the p and breakfast we you know called it the owner's quarters uh but really that was a place for us to put a death and you know have businesss um you know the strict L of the law I think you're running breakfast is you have to only you have to if you're not going to actually live there you have to be within 15 minutes live within 15 minutes which we do um and other than those I'm sorry just one quick so what's currently labeled as the home office actually overlow overflow space for the restaurant there have some additional tables out there because the the U the depth of this room is about 8 ft so it's really not good for anything other than the home office um and what other changes were made to that first B um when you made the change strike that when you made the changes to the kitchen what other changes were made to the kitchen area uh so radical Chang to the kitchen area there's heavy duty uh uh kitchen um Machinery um you know commercial uh appliances uh grease traps um there were actually several different uh sinks in there because by requirement uh you running a restaurant you know you have to have additional sink just for cleaning box for instance so we took all that out and on the back of the house there's actually a a very substantial industrial uh V system for the for the restur so we took that off the back of the house as well and that's not required now with the equipment that's in there no the equipment that's in there it's it's uh it's a residential home there's no heavy duty equipment any other changes to walls or anything on that first floor um we did a couple of changes in terms of just widening um the opening uh going from the forer into What's called the por uh we just widen the open uh just consistent with uh an open area you know residental let's go to the second floor uh what changes or what was on the second floor before you started those Renovations when you purchased and compare that to what is proposed now okay so ju just in general consistent statement for both the second floor and the third floor um there were a total on on the second and third floor there were a total of um seven seven bedrooms none of the bedrooms had their own bathrooms uh when it was operated as a bed breakfast so the first thing we did on on the both the second floor and the third floor I'll go with the second floor first um we got rid of one of the beds um so in the drawing here in the middle of the house where it shows bathroom number one show closet that used to be um that used to be a bedroom on itself um the primary bedroom was actually two different uh two different rooms so we knocked down a wall and we just made this a primary master bedroom um and again we configured this so that the bedrooms that exist today actually have their own uh bathroom um there was there was a bedroom that was there was bathroom in the uh back corner uh which now we've converted that to a l no material changes to the footprint of that second floor as far as the exterior locations of any of the walls or anything oh there were there were no uh no changes made on the exterior with the exception of putting in W and what you're proposing with the application this evening is to have three bedrooms on that second floor is that accurate that is accur let's go any other ch on the second floor that you like to address to the board uh no changes to footprint at all we we did put with the sun porches exact footprint but we made um when we bought the house the Sun the the little sun room was collapsing um and it was pulling away from the house so we rebuilt it exactly the way that it was but with great structural managements Let's uh talk about the third floor what was on the third floor when you purchased the uh third floor had three beds um so what's currently listed as a loft was a separate was a separate bedroom so uh we reconfigured these the bedroom number four is pretty much existing um The Loft is a little bit more of just uh it come to the top of the steps a little bit of a common area uh bedroom number five um what we did there is we actually uh put it own B we put a bathroom in we added this bathroom we reduce the number of bedrooms and we put a new uh bath so each bedroom had its own bathroom to okay how many bedrooms are proposed on the second floor now on the third floor I'm sorry the third floor uh two two bedrooms so you're proposing to 12 five boms correct and those other spaces uh like that lock that's no doors just open there's no doors there's no closet it's completely open is there any change in in the exterior footprint on the third floor there is no change to the exterior and based upon your understanding this home or this dwelling I should say has been there since at least the 1920s and 30s correct I I believe it's actually been there since uh it might be early 194 early 1900 I don't have any other the questions of this witness we'll deal with the parking area uh with I question proceding a a single what's the process well I my understanding is there there's licensing involved in yeah there there's a DCA there's a license for the bed bre and I think we mentioned this at the last hearing that yeah just so it's for the record tonight's hearing as well um my client is willing to relinquish that license subject to an approval but obviously we're not going to relinquish to the license until all the appeal periods are have been expired but the intent is do and and that would be a condition to right yeah yes sir are you planing on living uh no you planing on selling uh my wife and I uh we have extented family we might use it as um we live we live in Spring Lake we're going to continue living in Spring Lake uh we could sell it or we could hold on to it for use for the family question it is an odd property as you can tell no setbacks no bre space there is in a sense if you describe a single family home family moving it's a different home it's there's really no space so step outside side quite a few homes in the area that exactly like it and we've actually created more space by knocking down the garage I'm not not I'm not I'm I'm just saying it's definitely does not fit the criteria of a standard just just one quick one um at summer time now the grasses are starting to Rob can you guys continue to maintain the grass St Park out it's get okay no other questions we should open up to the public first open up this portion of the application to the public the public comment questions questions Thomas J Mr H your testimony did you add any volume to this structure no you took volume Away by getting rid of the CR part you pay a commercial sewer for the bed and breakfast property it's just resal SE billing and did you get rid of the sewer billing for the back property I didn't have separate billing for the back property Jo good even Joe your licenses are current everything's good they are current yes thank you for uh acknowledging his expertise thank you I say for purposes of testimony how about that all right um Joe you had an opportunity to review the revised uh floor louts yes um based upon your understanding of the property uh you heard Mr hudock's testimony do you feel that there's any change to the uh exter compon of this structure itself on the lot no from the photos I've reviewed as well as the testimony I do not believe there's any expansion of the the volume of the structure okay um and you've had an opportunity to review U Mr freer's review letter yes um and any comments disagreements with that review letter uh no no I can certainly uh go through the letter um specifically the variance the concerns and testimony so let's before we get to that specifically with the property itself let's talk about the driveway what's being proposed certainly uh so I have up on the board the plot plan prepared by my office which is part of the uh the application package uh which shows the existing structure on the Eastern side of the property as well as the proposed improvements on the west side of the property uh so as the board is aware the previously existed the uh the garage apartment on that uh west side of the property uh that had uh almost a zero setback and it had a garage single car garage underneath the apartment uh with a garage door that was uh recessed uh some so there was the the one stall in the garage but not enough room for a stall in front of the garage so there was one previously one parking stall uh on the site uh the use of the property in total was uh I believe the total of 11 bed uh 10 in the original structure plus one in the uh the garage Department from the studio um So that obviously would have a substantial parking demand and is actually created the nonperforming use for the bed and breakfast this Zone allows bed and breakfast as a conditional use as long to provide one parking stall for every room uh obviously they did not provide 11 parking stalls on this site so the uh this change does eliminate a pre-existing non-conforming use so the proposed driveway area identified on the plan proposes an 18t wide uh driveway access uh widening out to a 22t wide area uh surrounded by retaining walls the reason for that the driveway width as well as the retaining wall uh width is that we need a little bit more room than a standard parking stall because the retaining walls exist the property to the West is elevated above uh the area this proposed parking area uh the elevation on the wall top of wall about elevation 13.7 the bottom of wall 11 so uh about 32 in will be the the height of that wall so the concern is if we were to keep that parking area the minimum 18 ft wide you couldn't open the door it would it would hit the wall you wouldn't be able to get out of the car so we've intentionally widen that out to 22 ft so that the the cars are accessible uh and in addition the proposed 18t wide driveway intention so that you can access those two stalls uh while circulating around the other vehicles we did some discussion uh we didn't get into much of the driveway design at the last hearing but there was some discussion about uh potentially Shifting the driveway uh further west to align the western edge of the driveway with the Western uh edge of the pre-existing driveway and those are shown on the screen you can see the previous apron and hope the recording can hear me I walk around right the previous apron in this location the proposed apron here so we would stipulate that we could shift the driveway apron 2 ft further west to align with that it just means that the easterly parking SL the right parking stall would have to you know create a little bit of an S turn to get out of that parking stall the benefit is it increases the on street parking uh on uh along Ocean Park there uh I did measure that from the yellow curb from the non parking area to the um edge of the proposed driveway today is 78 approximately so by adding 2 ft that would extend it to 80 ft which would allow for four parking stols right now that distance is about 85 to 86 ft which also allows for four on street parking stall so we're not eliminating any of the on street parking we're tightening it up certainly but uh four part four cars parked there today after construction four cars can still fit in that area from the yellow curb uh to the proposed driveway if we do shift it's at 2 ft um we do have the flatten the area uh some anyone who's been by the property we have the photos which identify it specifically you're looking at the photo pack at the bottom left photo on the first page I have the photos mounted here as well uh you can see the previously existing retaining wall and that how the driveway is at a lower slope with the area to both the East right West to the left are both elevated around that area so we have to maintain in that grade uh situation because the the home is up at that elevated grade so is the home on the adjacent property so that's what creates this necessity to uh um put the retaining in we are proposing a twot setback on the Westerly side to the parking area at the time of application the requirement is 3 ft so we did we are requesting relief for that my understanding is that might be changing to uh to a twoot requirement but either way um we have some challenges here in that we do uh the fire escape as well as um the uh meters are on the western side of the building in the bottom corner um so we do have to maintain a 4ot landing at the upper elevation in this little corner here so we can access this area at the height of the existing home so we started the wall you know as close to the home as we could proposed the 22t wide uh area to allow for opening of the door and that left us with the twoot set back on the opposite side so we we just have some limited space to work with obviously we want to maximize parking parking is a a substantial concern anywhere in the world but right on Ocean Avenue obviously a much larger substantial concern so uh I believe the relief here is certainly beneficial uh and granted under the C2 criteria for all the dimensional requests for the parking so that we can provide the parking otherwise we would be limited to one parking stall being proposed uh and I take this this site would certainly be benefited by having two uh it will be now a five-bedroom home as identified on the plans uh so as a result a five-bedroom home under the RSI standards do require three parking stalls we're providing two uh but again the parking demand from the previous use was 11 so we're certainly moving the right direction and trying to uh improve as best we can and bring it more into Conformity with the Zone plant uh toide the necessary par so Joe from the standpoint of the distance from the corner of Ocean Avenue and U this Ocean Park right Park Avenue um what's the distance to the existing APR uh the distance the existing apron uh is 85 ft to that and what's the requirement for a parallel parking spot so a parallel parking spot uh is typically either 20 or 22 ft in length from the standpoint of um the building uh can you just go over the variant issues for the building uh certainly so the the existing building well first off we are in an undersized lot 2,998 ft in the RV Zone with 5,000 ft required uh the residential Beach frund zone is very similar to the R1 Zone uh other than it allows for two family and some conditional uses including the bed and breakfast use um um surrounded by a mixx of single family residential and multif family residential uh and obviously it's theast is Ocean Avenue and the beach uh the existing 2 and 1 half story bed and breakfast structure Remains the volume has not changed at all as a result of this application the garage apartment obviously was lost in the fire so there is some volume reduction on this site uh by virtue of that uh and this conversion um and again that did have a a one-bedroom unit and had Z set b.1 ft on the uh Westerly property line uh the height of the structure is nonconforming uh and on the photo packet that we provided you um you can see the primary offender of the height of the structure top right picture is the turret on the corner which has been there since the 1900s 1920s the photos that were provided the historic photos show that that is a pre-existing architectural feature prominent on a prominent corner on Ocean Avenue um the remainder of the roof is lower uh we don't have an exact measurement to the secondary Peak um so when looking at the photos when I talk about the turret is at the top right photo first page is the the top turret the secondary Peak is the peak above the uh the two Dormers um along the central portion of the of the home um so the the tur we know is nonconforming at 39 for height the the remainder um we believe to be about 32 ft but I don't have an exact Dimension from the turret down whether or not it is uh and a dimension that's less than 10% over the height requirement so by by virtue of the application we are asking for the T D6 variant for the entire property but uh in general you can see the turret is the largest offender and I intentionally took photos from uh beachfront on the boardwalk looking down Ocean Park so you can get a feel for the height of that turret and the rest of the roof compared to surrounding structures specifically uh you have the multif family across on the southern side of Ocean Park as well as some larger structures to the north uh the top left photo on page two is probably the the best indicator that we see the height of the turret aligns generally with the height of the uh the condos across the uh across the way uh so certainly not out of character with the neighborhood in my opinion and predate Zoning predates the neighborhood uh basically it's one of the you know first structures here um certainly a uh you know a great View and a great prominent um historic structure on the corner uh of the burough so um The Proposal because we're changing the use uh does require what they call a D6 variance a variance for height greater than 10% um and I agree with the interpretation that that uh when you change the use of the structure you do have to reobtain the setback and the C C variances and D variances associated with that typically that's more associated with if we were to take this home and make it a bed and breakfast or make it a you know some other commercial use in this case we're taking a non-conforming use and bringing it to a conforming use um I believe the the pre-existing condition is particularly suited for the site it predates your zoning ordinance it's a historic feature of the site and uh promotes a desirable visual environment it is certainly a uh you know a prominent feature on the corner for the burough and has been there uh for over 100 years so I I think it is particularly suited to remain at the height that it is uh and uh the the structure across the street I think also uh speaks to the appropriateness of that height at that particular location is not substantially higher than the other structures uh inherent just to be clear there's no proposal to change any of theight of the existing roof no that's correct no proposal to change any of the volume Heights any of that any setbacks uh we're asking to keep the structure the way it is and allow it to become a single family home which is what's permitted in z uh the remainder of the uh the Varian is being requested um we are removing we did remove the detached garage the building coverage does get reduced as a result of that uh the building coverage now is 63.9% uh where 77.8 to existed 35% is permitted uh and the impervious does reduce slightly uh by virtue of the garage Department in the entirety of the property essentially was impervious previously at 9809 I'm sorry 98.6 it's reduced slightly there's some some pervious areas around the retaining walls uh reducing 98.9% not a substantial reduction but small um moving in the correct direction and again all of that is pre existing non-conforming conditions on the site uh that are only exacerbated because we're changing the use in my opinion to a more appropriate use uh for this site and I think uh the impervious coverage variant especially uh can be granted under the C2 criteria in that we are providing that a stre park I think is certainly in demand here historically the site has always been almost 100% impervious uh I think providing the parking is certainly a larger benefit here and outweighs any detriment from the increase we imp acting any stone water that stone water creation has always existed there um the uh before you move on when when it comes to the purpose coverage let's I just want to refer you to the general comment is there any any issue in uh having the proposed roof strin be piped to a wet well system on this property and that's common five correct uh I have no objection to that uh we would have to do that underneath the drive way I believe in order to uh uh under the driveway or the patio at the back of the home uh I have no objection to doing that with the pop up a we can comply with the recommendation engine is there anything you have to do as far as the ight of the water table or anything to we do have to verify the hide in the water table and we size it appropriately given the water table Elation can I ask to if you don't mind uh there's an existing um I'll call Y drain in the driveway it's uh maybe 12 by 12 in and that a condition of approval would have to be that gets sealed off closed off I'm not sure what it's tied to but it exists now in the existing driveway that's probably the the basement of the garage at one time maybe I don't know it would yeah probably the floor drain on the garage okay so that that should be sealed off no objection I don't know where it drains to but the potential that it drains to the sewer system is a concern so weer and in the back on the wall there's a pump can that too needs to be removed and thoroughly filled in and no connection to the sent there's a what there's a pump can like a sewer pump can oh okay in the back no objection I thank Park and you've addressed the driveway issues uh yes and to be clear driveway width of the curb cut 12 Fe required 18 proposed driver with property line uh 10t required 22 propos and Driver on yard 12 requ 22 ft but at the end of the day the parking on street Remains the Same as far as what can accommodate that's correct that's correct and from a uh negative standpoint impact to the neighborhood a wider driveway was granted at the property immediately to the west of this as well for the same reason for the benefit of parking rather than uh um to allow proper access so and proper and safe access as well as expedient access so the first proposed is 18 18 yes we're shifting it over two feet we're keeping asking to keep it at 18 but you you were talking about before about actually Shifting the entrance to the west west correct that does that make any sense to do that not having a on the driveway no it actually helps that extra couple feet makes a difference in how people Park a w curve so you'll pick up another two feet on that supposed 82t so they can sh that over yeah the spaces aren't marked out there so people just par you're hoping that you'll get four cars there sometimes you're going to get three if you get a couple F150s there you're not F vehicles but uh passeng Vehicles youil m is that going is stopping so what another condition that was brought up at the previous meeting was we would uh make the sidewalk and apron all concrete that's my point yeah we talked about that last time yeah and we we continue to stipulate that that uh everything from the northly side of the sidewalk to the street will be con basos sh that to West correct so up on plan you see on screen uh the pre-existing non-conforming uh uh setbacks for the structure the the dwelling um Are all uh by virtue again of the change of use do need to be re uh reobtained uh in that the Board needs to review them for appropriateness under this new use I would argue they're certainly more appropriate now under this much less intense use than they were under a rooming house use that was had a lot more bedrooms a lot more people a lot more intens uh so those setbacks specifically are uh 1.4t encroachment on Ocean Avenue with 15t setbacks required a8t encroachment on Ocean Park or 25 ft is required uh uh rear yard setback is conforming now the garage apartment wasn't but now uh the reard setback that the proper the main structure principal structure is conforming uh a 1.5 ft side setback on the North side where 3 ft is required uh all of those are pre-existing conditions of the structure not being changed I think those can be granted under the C1 criteria the hardship criteria they are unique to this property uh and are existing conditions associated with the legally existing structure I can not believe they are at all impacted by the change of use in fact that the said I think they're uh it's a better condition given that we have a more appropriate use on the same goes for the quantity of story there's a pre-existing three story so Joe I think you've covered not only your engineering testimony but also your planning testimony correct I think so okay thank you sorry if I stole your I have no other questions I don't know can answer this but I'm curious uh single family home storage for exterior storage is nothing nothing being accounted for in this plan at all as far as storage beach chairs boogie board C I see nothing and I don't know if the property can even support that so if we tried to support it it would be a shed in one of the parking stalls and we think parking is is more Paramount here than providing that um we do have to you know get up to the the the upper level of the home um from great it it'ss about 5 six ft above grade but once you enter that rear area there is a large foer and a a large area Jason poyer in the old enclosed porch area which is probably going to become the the storage area for any of the outdoor use items uh but yes you know single family home that's we'd have to sacrifice a parking stall for any kind of outdoor absolutely CRA crawl space and the existing Mechanicals are where uh I think they're in process I the own hbac is outside on the roof if you look at the photo bottom left the uh AC units to that first level no change in that no change yeah all the Mechanicals are they've been there there's no there's no proposal to change anything to the exterior of this dwell we removed that uh industrial or commercial ventilation system which was an eyesore on the outside of the structure you this was bed and breakfast M everything and a little bit less intense intensive use done that that's our take and our point on this application is we're deintensified what was was a permitted conditional use but it was a non-conforming conditional use that would have needed a Dev variance if my client were coming in to build new I think just to finish my testimony the application certainly promotes uh the general welfare by uh trying to bring more into formity the the site application uh I don't believe there's uh it also promotes a desirable Vis environment by keeping historic uh structure but cleaning it up um and certainly beautifying it for that prominent corner I do not believe there's any substantial detriment of the zon plan or zoning ordinance as a result of the application predates the zoning ordinance and any substantial detriment to the public goods we're not changing the volume we're not impacting air like open space we're trying to be good neighbors provide additional parking I think everything in this case is moving in the right direction Grant questions questions op portion of the application up for questions for the plan please Thomas J 62 thir Avenue uh Mr chba your testimony but I was I was wondering uh why ordinance [Music] 450-1201 any nonperforming structure or used partially destroyed by fire or other natural Calamity may be restored constructed or used as before provided that either the volume of the such structure or the floor area shall exceed what existed so is your testimony that that would have applied if it was a single family home but because you're changing the use to a single family home from a bed and breakfast that that's why we're here for these Varan I just want to understand correct correct I think under that argument the uh the garage Department may have been able to be reconstructed the the decision to uh move in this direction from a planning standpoint is a an appropriate Direction bring this into a Conformity so so these applicants weren't given the protections of this ordinance because of the the use Chang the use change I think specifically the nonconform the non-conforming conditional use that didn't have the appropriate parking and so by by definition that creates a deep barrance for not meeting a condition in the conditional use C and also are you aware that the the ordinance did change after Mr freda's February 9th letter and the side setback for the the driveways is one foot now I believe if you could confirm that for the record that would reduce one variance I would defer to Mr Freda the the ordinance at the time of the application was 3 ft so I think we're appropriately asking for the variance if the board didn't Grant the variance I think we can apply for a zoning permit for it anyway afterward and that is the correct way to handle it when when the application came in predated the change in the ordinance what your right thank you sir any other questions com public com open this portion of the application up for public comment yes please Thomas Jake 612 3rd Avenue from to tell the truth the whole truth uh yes I do thank you um I think um Mr kba's testimony was very accurate in terms of what transpired here I feel bad for the applicants that this was a natural Calamity and nothing they could do and U they're maintaining a historic structure they've been through a lot with what's transpired here and and basically triggering these variances now is because they're changing it to the less intense use they had to go through this whole process so um I think they've handled everything the right way I think there's totally uh positive benefits to uh the reduction in the uh side setback where the garage used to be and um the intensity of the main structure so I believe this should be approved based on the testimony thank you Mr chairman thank any other comments seeing n Clos quick summary you know just the history of this property for my client has been nothing but a nightmare for several years because he had just gotten the co right after he got the co the fire occurred um and he could he hasn't been able to use this property for a few years now um but the biggest point is we have an existing structure that has been here for approximately 100 years give or take um the the turret existing it's a prominent feature on Ocean Avenue um it's represented in in the uh history of of Bradley Beach it's represented on the boardwalk every year with the photos that are there every year um and he and my client's not proposing to change that structure the volume the structure the roof lines the heights everything's remaining the same um but we're deintensified the use the use at one point was a restaurant the use at one point was a bed and breakfast combination of a restaurant and a bed and breakfast we're now looking to convert that to a single family home providing off street parking limiting the number of or reducing the number of bedrooms um thereby also deintensified the use of the property even for a single family home and I think there are plenty of justifications here that the board can grant this application um under both the C and the requested D that are necessary thank you comment make a motion to approve the application with um some of the changes we talked about uh the shifting of the driveway to the West Pi up approximately 84t front yeah but well no because because the driveway gets wider so it was 85 but the driveway is getting wider and shifting so we're Lo there'll be 5T of reduction on the east side so 80 ft you have 80t I do all the variances are stated um prob do all it's they're all existing and it's just because of triggering going to a single family home triggers all this and then with mr's requests of these uh wet brain system into the driveway and the closing up of the existing dryway brain and the pump it's called first heard sounds but it will include the popup right po as stated in the general comments see other than that I I see it's definitely a u make comments on during the V make a motion for approval can't see any uh Miss hary yes uh Miss berell yes miss boo yes so I really love that you're keeping historical building yes yes and chairman yes and I like the fact that so reduction in intensity the bedroom reduction and back of single fing home and no footprint change for historic buildings thank you than you Good Luck Good Luck kicking you out of here thank you I don't know oh I don't know she went up she's in the little I'll I had to set up these [Music] if I take an hour to do an application should shoot okay is everybody ready okay our next application under consideration this evening is L 2330 minor site plan with both variances Le restant grou LLC lock 58 Lo 4 415 Main Street the applicant seeking site plan approval to improve renovate and utilize the existing structure on the lot for a restaurant use which requires both VAR thecan is represented by Michael York good evening Michael York Noor andly on behalf of the applicants of Le Restaurant Group Mr Lee who I've known for quite some time owns and operates two restaurants one is located in Tom the other is in Seaside Heights would be his third paret into another restaurant obviously in M count I'll have my witness when only one witness the engineer Mr R name Mark R Morgan engineer Al and B right please raise your right hand please the whole truth pro thank you Mr R has testified before this boarded credentials accept I will apologize for the last attorney to present an application he's my fraternity brother he graduated the same class in 1994 I don't anticipate Tak as much time as Jeff did he can he can still hear you Michael I know he can that was intentional uh Mr R we count over your testimony can you briefly describe for the board what we're what the appliations sure and for record keeping I have a display board here it's the same plan that has been submitted with the application it's just highlighted do we want to mark that in we probably should it's highlighted and there's two sides to this it's the uh sheet 2 site layout and grading plan last Revis January 23rd 2024 and also the T3 Landscape and Lighting plan last Revis January 23rd 2024 and okay good evening board um we're here today seeking preliminary and final site plan approval along with both variances to permit the change in use of the existing building to a proposed restaurant and we're also making uh safety improvements and visual improvements to the site such as repaving the parking lot restriping uh new traffic signs parking spaces EV parking space and a dumpster um I'd like to just go go through the review engineering planers letter so the project description the property is located on the west side of Main Street at the corner southwest corner of Main Street in Fifth Avenue with the total area of 12,168 Ft there's an existing one-story building with off street parking and is currently vacant the appin is proposing a change in use to a restaurant a new concrete P for the trash enclosure and a new configuration of the street parking to include EV charging station the property is located in the general business uh West Zone jbw Zone and the proposed restaurant use is permitted within the Zone the proposed improvements require uh preliminary and final minor site plan approval and we're requesting guidances for off street parking loading space re yard setback to the trash enclosure any others describ in the report so there are no variances associated with the lot itself or the building the app complies with all the zoning requirements and the a complies with the building requirements so going down on sheet two to comment B nothing shall be stored Outdoors for any purpose except for garbage and trash so we are proposing a trash enclosure there's a detail on the plan that shows fencing to Shield the uh trash enclosure from the view of the street and there's also Landscaping proposed around the rear comment C regarding the side setback for accessory structure um to the West there's 11.5 ft for the trash enclosure which complies but there is a variance required for the rear yard setback to that trash enclosure where 5 ft is required and 2.2 ft is proposed so um in regards to that there is no better location for this trash enclosure it already was there and we are just shifting it slightly on an angle to help with garbage pickup and regarding garbage pickup it is tight back there but we did provide employee parking um between that trash enclosure and the streets so that way the employees can coordinate moving their cars for the um scheduled pickup and there is also a loading zone along that southern side of the building comment he talks about parking spaces um we the restaurant is 2,283 ft and there's a requirement of 23 off street parking spaces where we are deficient we are proposing one EV space and um we are proposing 11 spaces including the EV credit um so the variance is required for parking we are not counting there are existing spaces along the Fifth Avenue property line which is to the north we're not counting those cuz they're not fully on the property however we are planning to continue using those spaces um with the permission of the burrow and there's no way to get more land here that we're stuck with that corner lot there's nothing behind us nothing the sou of us correct correct and there is parking available in the uh nearby streets comment F talks about the loading space where it is UND sized um this is what was existing before and they're maintaining that we are proposing to use smaller sized delivery trucks to um work within this site we're meeting the dimensions for required parking for comment G and there are driveway aprons on the site and there was a comment on um there was a recommendation from the board engineer that the one of the existing um depressed curb areas on Main Street it's approximately 20 ft from the intersection of Fifth and Main um it's it was a recommendation for the board to consider removing the the entrance at that location um I would in response to that I would ask the board to consider the applicant has been working with the um burrow already in regards to this location and has done some work already resetting some papers and um also we feel that that we would like to keep the curb cut at that location and we could discuss that further perhaps with um when the owner has time to test testify regarding signage we're going to we are proposing safety upgrades like handicap signs loading zone signs uh EV parking signs what whatever safety signs that are required we will comply and we are proposing conforming fencing comment 4 a regarding the site plan landscaping and lighting it is shown on sheet three we are proposing to keep existing trees that are located around the property on the street frontages as well as add an additional Street Tree on both frontages and we are proposing to keep the existing shrubs on the southern property line and also add six um arbores along the rear of the dumpster area and that's to Shield the dumpster from vi from the neighboring properties correct and then regarding lighting we've shown we've added a lighting plan which illustrates adequate lighting is provided on site um there's existing building mounted lights as well as um street lights surrounding the area which provide adequate coverage regarding um trans are you adding any additional um no additional liting proposed um regarding uh trash collection and garbage truck um that will be done by a private caller coordinated by the owner and with the employees to ensure access okay those are um the comments that I had from the review letter and I just want to provide some planning testimony also to put on the record the subject property is in the gbw zoning District where the proposed use of restaurant is permitted uh as a professional planner it's my opinion that the application can be approved through the following reasons under under the municipal land law is referred to as the C2 criteria board May Grant both parents approval if the purposes of the ACT uh would be Advanced by the deviation from the zoning ordinance and the benefits of the dev would substantially outweigh the detriment regarding the positive criteria it's my opinion that the relief can be granted since the application advances the following purposes of the zoning under the municipal lands law goal C to provide adequate light air and open space this proposal is conforming in regards to the zoning requirements and building requirements the property is able to be more intensely developed but we're proposing to maintain the existing footprint and impervious area and also goal I to proot to promote a desirable ual environment um we are beautifying the site and um that satisfies that goal and regarding the negative criteria it's my opinion that the relief can be granted because the proposed use is appropriate um in its use location and size and I feel there's no substantial detriment to the public good and will not substantially impair the intent and purpose of the zoning plan or zoning ordinance and that concludes my testimony and I'm happy to answer any questions there's no we're not seeking any variances for the the building as it exists today correct and we won't be in the F Well at least we're not doing anything to the building that we require any variant correct I do have a question regarding County Road 71 a St St high so the driveway entrances are existing and and state won't have any issue coming back and saying it should be adjusted since the properties being changed no typically they would not they'd have to file for a Road opening perit B from the state so if I could just touch on that because it was talked about number one we didn't realize that the applicants planning to use the parking spaces that go up against the side you can see on the plan they're they're very lightly they're existing the fut or the past use was a 7eleven I believe yeah there's not really in my opinion enough room uh between the parking stalls if you're going to use them on both sides for people to back out in and out maybe the opkins engineer can speak to that issue uh also um if they want to use the parking spaces in the right way I believe that's a mayor council issue because the RightWay belongs to borrow and they want to use it to support their project I think they're going to have to getov from the mayor counil for that so it was we we're not including those in our calculation but um we we're requesting if we could continue to use them without counting them and truthfully I don't think the board can tell us whether we can use no we I think it's outside your jurisdiction if we wanted approval we'd have to see councel exactly um so now back to the open those are that's for the spaces along Fifth Avenue yes correct yes the way that they have them laid out is done well um it's one of the few uh uses on Main Street that will have some on-site parking which is a bonus for all of us but every space is is very important which is why we're looking to see if we can close up these driveways um I don't know if that could be considered I understand why it would be a concern if you're going to be parking on both sides of that lot but right now pre your application you're only requesting parking up against the building I don't know which one you would prefer to close up but I think one of them should be closed up to help us with some all stre Point unless there's some burden that I'm not so there's two um depressed curve entrances on Main Street and you're suggesting we close one no I'm I'm more suggesting the two one a corner that go into the parking lot for the patrons one's on M Street one's on Fifth one's on you want the to be well it's their preference you know for flow traffic you know they would have to tell us but I think at least one of them should Beed off because that would provide another off Street or another on Street on street parking spot but does it also improve the flow of traffic is a practical other yeah it would be fine unless again if they want to use those other spots then they're going to have to do some calculations to see if they can us I'm not sure it would probably help the flow because we would have two ENT and exits on that corner yeah they're very close um you mean right now they coming out right now you can make a I spoke with my client he can close okay are you proposing any signage and if so will that apply where is it going to be um yes the we are going to put signage for the handicap space not just for the parking for the building so there's a monu I guess we can call that a monument sign out front and we'll be using that there's also a sign on the I guess between the awnings on top of the building so you're just going to face the existing correct so there's how many entrances now there's two on Main and two on Fifth and you're we're considering closing the one on Fifth correct so then there'll still be three three no there's one on one one on fth and two on meain right and they're going to close the one on Fifth so now there'll just be two entrances both on Main and the reason for that is one's on one side of the building yeah where they have the two parking spaces right right and then the other one is going to be for the pict right the one on the left holds two parner spaces basically to the owner and probally one of vers the rest of the spot that's sufficient how many seats participa the restaurant that question 55 55 question how seats because just just an issue of question BRS up like what is the traffic what is the traffic safety this is been this has not been used for years St Donuts was the biggest one probably in the mornings and 7eleven was just very low intensity use this if he's successful which we hope he is it'll be more intense use of of traffic how how is that is a bank across the street D in there's a lot there's a lot of booving parts on there kind that corner but but you know when you're coming to dinner you're talking about a 2hour turn around right so it isn't like people are going to be in and out of there but there's going to be more traffic now got Beach across I think the 7 probably generated more traffic is this a takeout restaurant all there will be takeout but it's mostly uh in in dining but similar to vix I assume you never in the parking lot bck I have never par in the park lot will it be open for lunch too or yes typ uh it's an Asian rest like an Asian Fusion Restaurant Sushi that kind of thing excellent Sushi yeah highly recommend by the way he pays me but it's still great I do have just some operational operational notes here so this is also shown on the title sheet but the restaurant will be operational 7 days per week um hours of operation 11:30 a.m. to 9:00 p.m. there's a total of 25 to 30 employees the maximum number of employees per shift is 10 to 15 the time of deliveries is 10:00 a.m. to 300 p.m. 7 days a week and the largest truck size is a 20 foot box truck be B say that again B restaurant yes unless you're selling a license real cheap talk Mr Right with regard to the is there anything that can be done to is there a house that's behind behind that location as well yes uh to the to the West the West so is there anything that can be done to move the dumpster away from that slightly but that's where the ARs go behind it in theory to block the yeah it's not a res it's not a residential use that I'm aware of a concrete block wall house that's close to the fth Avenue side that's on the Fifth Avenue but behind the trash is on the it's a like industrial type building okay I believe they use the railroad tracks the that that comes up and turns back around and I think the back wall comes to where the dumpster is okay so the dumpster doesn't really affect a resid and then on the south side it's a uh it's the SM Smoke on the south side there is fencing and shrubs any other questions the board he your only witness he is questions open this up for the public for public questions J 6123 Avenue my own 401 Main Street which should have been noticed within 200 ft um so um my question Mr R Mr rire from organ engineering um this is 10t here to get to the loading zone um how is that going to function yeah they'll have to coordinate the employees moving their cars temporarily if there's any larger trucks or certain smaller Vehicles would be able to take through um this space here how many movements would they have to make to get the car out of it it seems it appears to be very awward right to the east of the proposed concrete pad there's a striped area where the cars would back up onto and then pull straight out of the so they' have to make this motion to here and then come out here cor saying okay okay um great and then the cars over here were all now access from just this curve here um is it possible for the applic to um actually petition the town to purchase that strip of property maybe whe the town would deal with that own okay definitely wouldn't be here oh no it would be some else but it is a possibility and and the um uh so these these spaces uh will they function if there's not enough turn around Mr fre intimated they would so do you feel they'll function or not there's a minimum Drive aisle 20 ft wide which it can be tight so if needed we can reconfigure those spaces as a condition of approval we can look into that but so even if you purchase the property would these spaces then still function I mean or even if you got approval from the council would they would they function properly well I think those spaces are not part of the application right they're only they're proposing the parking on the building and the employee parking on the other side because those spaces aren't fully on their property heard Mr the approve it's not yeah you're you're requesting a parking barri so I'm just looking to say Hey What Can we oh yeah way to get the to sell us Land petition's good thank you very thank you I have a question wer weren't those Park part of 7even are we saying they can't have them now because they're part of town so loosely 7-Eleven and whatever use was there before were using those parking spots right I went by there today there was a car park in water so they are being used but it's not safe it's very difficult to back a fulls siiz vehicle out of the parking slot with another car behind you a 20 and they're not fully on the property thank chip 74 Avenue I'm assuming H's going to go on the roof question CT proved so we don't have toow they exist currently on the RO right now C up so we don't have to see he's asking for like screening so that we don't see can do that if there isn't already I think there might be actually on the but we can make a condition that we put screening up there if it isn't isn't there already thank sure any other questions seeing on CL make comments uh opens up Thomas J 623 Avenue yes sir to tell the truth the whole truth yes I do um we're very excited about this site being developed as a restaurant as as the appropriate use but this is onetime shot for this board and municipality to to make this really function prop um I don't I I think attemp bringing the application into attempt to utilize the previous fa Cuts is is really not the proper way to do it I believe this can be designed to increase the number of spaces both off Street and on the site um I I think a little bit more time needs to be put in it is the perfect building I'm sure they'll give it a great facelift but this needs to function function impecably um for the benefit of everyone and and for the positive benefit of the variances that are requesting so um I would I would recommend that they come back with a superior design also Mr Freda does call out that the curve cut should be redone in conrete I believe that is accurate and so if you're going to relocate them or work them in it should be done right and done one time the applicant can be happy the residents can be happy so that would be my recommendation and I am noticed within two well I wasn't noticed but I am within 200 ft so I should have been noticed but um but anyway we're excited to not objecting I'm not objecting at all no sir um but uh it's only that I come here every week so I was going to be here anyway well you have no yes um but uh any I believe this should be should be tabled with some new thought for uh for the parking to make it perfect thank you are listed on the notice I'm going I'm going defer to I'm sorry you have the notice yeah it's right there list so but I didn't receive the mail okay so the applicant gets to rely on the notice that's provided so notice is been satisfied I think our board's going to defer to our to our professionals as to that question that was part of my question the beginning too about ESS and such to this property and but I'm defer to our professionals as to they about that oh okay I I mean I just I just we're not traffic we're not traffic planners we don't have that background I think it's between Christine and Jer so if I can just offer one comment to to uh Mr cen's Point uh would you guys consider adding parking space where you know your EV station is would you consider adding another parking space Slide the EV station to the you know past the other parking spot because the only way you're going to be able to pick up any onsite parking that's the only spot one spot may sound trivial but one spot is you so I just on the west side of the parking lot so we're asking them as a condition of approval would they add a parking spot on the west side a lot and of course that means pushing the pavement out if it isn't out there already I don't think it is you may have to add a little p just swing that back in it's grass now right grass and now we trees you were going to put trees no there's trees there's trees there that's the only it doesn't show on there so which trees what trees are which I can exhib if you want Christine phone's even better it's right here those those four rather large yeah yeah and they kind of provide a buffer from the home to the West pretty sure you're not going to tell me you want no we don't want to take the trees down so they are not the trees are not on the plan um the only other idea for parking would be parallel parking along the edge um which just you may just actually create spaces there yes so you could probably get two or three spots in there right if I could add U we I do appreciate the comment and and we are willing to do whatever we can to fit as many parking spaces as we can um we do want to maintain a safe circulation throughout the site and and we're willing to do this as a res uh of approval condition um if we can add any parallel spots along Fifth Avenue we're willing to do that and if we're able to work with the burrow and acquire additional land we' be willing to work with that too but I see no other option to increase it parking on site that's it and you're only talking maybe two two or three tops tops I don't know how you once you put three in there I'm not sure how you get in the first one out prob want to Le first she probably looking at two parking spaces but again two parking spaces to us is parallel to f y there's also limits with the site triangle and we we also have agreed to eliminating one of the curve cuts to add one additional space to on street I think that beyond what they've agreed to um there's really not much else they can do with the site you know they're proposing to reuse the existing building they're not really proposing any major modifications to the site that would change the way it functions um today so um you know I appreciate them closing up the one curb cut and a green to look at adding the parallel spaces but um it's not like they're starting with a clean space slate they're starting with what's there already so just to reiterate the curve cut that Clos on absolutely no regress on the curb that's there now just security if I remember correctly the curb that's there now is a shallow curb where people 7 people drive out on on was so we'll have to take a look at that and see if a replacement curve is necessary yeah it's it's not there's a tree in the way when I was there there was cars so but if I get off for one thing what my client would not be able to do anything no I understand that's not that's not your I understand so close that up um that makes sense then you get pel parking against this you can get probably two spaces potentially get another space any other questions from the from the nothing nothing allergies no it's nice to see this this this uh location to be developed and sounds like obviously you have experience in this business that's not a one off and it should the town growing do viable business in the town and you could ask that only only I don't see which I haven't really seen is how the building is going to be that's done we we can submit architectural thingss the board wants to see them now we can show them I don't have an architect here Tes no that's point but as long as it meets the obviously have to code right and the lighting and such um all right so basically we talked about closing I'll make a motion to approve the application with change with some changes that we have to do with the changes we have to do do thank you one is to close up Fifth Avenue ESS access to the parking lot two is adding two um parallel parking spots to Fifth Avenue on on the site varies for the positioning of the dumpster and it's going to be uh shielded with Al and such in the property uh verify that there is a shielding on the rooftop for the mechanical screening be add right yeah it's not there now will be added and they're going to in the driveway Drive add western side add additional parking no the trees yeah keep the Tre and that's where the E spot is going to go anyway yes and then we'll look to see if we can get two parallel spaces we I second again second again for the M yes I'm always glad to see V buildings on Main Street have new business Town Council person look forward to this and thanks for working get as many spots as possible appreciate that uh mayor yes good luck uh yes I want to thank you because there are so many restaurants a little room across the street half down the street has no parking at all people still support them and they do really well and people manag to find a part spot so thank you and good luck Miss Hernandez yes um miss boo uh yes it's been an eyesore for a long time so I'm really thrilled that uh a great viable business is Coming to Town Mr SE yes M and chair yes open as soon as possible congratulations [Music] [Music] [Music] I did [Music] I would take [Music] a I know the reason ready okay so our next and last application under consideration this evening is Luv 245 uh this is for an amended minor site plan Bradley lab LLC block 71 L 30 110 Main Street applicants seeking amended minor site plan approval to further reconfigure the interior and exterior over what was previously approved including the elimination of two additional screening rooms so as maintain a single screen movie theater the reconfiguration will also add a function for private screenings along with other interior and exterior conations to the extent deter that the proposed application expands the use gr by approval the will a there no changes proposed relating to the as previously granted by the board and the out is represented by Jennifer ASO esire and just for the record uh Lauren sarene and Ariana boo are reused participating in this application and have left good evening Mr chair mayor members of the board Jennifer crico from anel Gman Aaron here on behalf of the applicant just one correction and and chrisy is correct it wouldn't have been appropriate for her to change the agenda since we didn't formally amend the application I had the pleasure and I say that because we came to a swift resolution uh with it to meet with your professionals via Zoom before the meeting and there was a question with regard to that private space and whether or not that would actually uh create a use variant and we agreed that it could be conceived that way and there wouldn't be a quum and the mayor and the council woman wouldn't be able to participate so what we are proposing to do and as you're going to hear through the testimony and I just want to let you know up front so the mayor and the councilwoman can sit in we are going to uh that is not going to be a private room that is just going to be a second theater room so as I go through what the changes are over what was here I think it will all make a little bit more sense so because this is an amended application and I know that uh it did go through a hearing and then a hearing with regard to temporary use I just want to go through uh what we're proposing to do here and and why we're back in the first instance me just for the record so what you're proposing and I therefore is not correct correct so I know that uh the last time around uh and the applicant was uh represented by uh firei Council there was a lot of rush to get everything done and the applicant appreciates all of that on behalf of the board and the buau uh Unfortunately they had hoped to get the funding for the uh project local they wanted to get local buyin and and have some local stakeholders participating in it uh that didn't pan out the way that they had hoped and as a result they had to expand their net so to speak to go uh further outside of Bradley Beach and even New Jersey in order to get funding to support the project so the delay was due to to the need to uh seek out funding from A Wider Circle uh funding I'm happy to report has uh been achieved and should the application be approved tonight uh the intention is to hopefully break ground and start working uh end of J end of July early August we are ready and pois to get moving on this uh as uh we were seeking the funding and the architect who I'll introduce in a moment was uh starting to look a little bit closer from the schematics that were Pres before you into actual construction drawings and Ada accessibility and the like uh it was determined that there could be interior Renovations that would be less expensive to uh construct would be equally as adaa accessible and would uh allow the site to continue to function the same way so just by way of quick summary the existing Theater which we're all familiar with having been in for mic Medical Center I might have even seen my first movie here uh uh that is a one large theater room or or screening room with 476 seats at the prior approval uh this board approved it broken down into three separate theaters which could each have movies uh at the same time it was one large theater of 185 seats and two smaller theaters with 39 seats each then there were flanking cafes in a bar uh on the entrance and while the number of seats shown uh were or something less than that the resolution of approval did approve 32 seats in that Cafe bar area what we're proposing tonight is actually the opposite of the expansion of a use or a use expence we're actually downsizing the intensity of what you've previously approved we want to go to two theaters so it'll be one large theater at 186 seats and then one smaller theater in the back and the reason part of the reason it's being moved to the back is one uh so there interference between the movies and second it helps with Ada accessibility uh to have the ways to get back there there as you're going to hear through the testimony uh that will be a more flexible screening room for example if uh a if a um director or an actor who came for the screening wanted to give a Q&A it could be done in a more informal setting kind of sitting around a table together with the screening so there's not going to be fixed seats what we can commit to is that they'll will not be more than 39 seats in that room based on the size so it'll be similar in capacity as uh the one of the three theaters you already approved the uh layout of the cat so overall there's a reduction in 38 theater seats over what you previously approved Additionally the cafes uh and the bar as shown show a total of 27 seats as laid out now you already approved 32 so that's consistent there are no changes to the at all it's exactly what you previously approved only instead of having three separate theaters we're now just going to have two separate theaters uh we're not well there's going to be some slight modifications to the interior and even to the exterior as you'll hear from the architect uh we're not making any changes to the variants or Ley granted uh as you'll hear the privious coverage goes up a touch but it's still under the 100% that is uh permitted and the last thing I will say before I'm going to introduce the witness and and move in some evidence there was a a there was testimony at the time that the last movie would start at 900 p.m. and that was a misstatement actually the the person who testified at the time as the representative is no longer with the company and based on the other theaters that the company operates uh one opening up uh shortly uh another one opening up shortly we are seeking to have the last movie start at 1030 p.m. and that's just to allow the flexibility that if we have a 7:00 movie uh going it happens to be a long one like uh was the one that was just that with Barbie Barbie no not Barbie ofer yeah offener it happens to be long movie we don't want to lose our ability what was it no the two were at together yes um so we want we just wanted to have the flexibility I think that to to say that the last movie is going to start at 9: would be an unfair restriction as compared to be much larger movie Chains uh throughout the state I don't know that any of them have movies that don't go pass on for starting other than that we're not seeking to change anything as it relates to uh the prior approval uh I do have with me and I'll move it Let me let me start by going with the plans that we have A1 is the survey of property from Charles surmont and that is uh dated 917 A2 are the architectural plans prepared by pass arino Architects and that is dated 42924 and then lesie A3 and it wasn't at the last meeting and obviously because the pretty pictures always help remind you what a benefit this is going to be I just replicated split them and ask you to pass them out the color rendering of what hopefully this beautiful theater will look like once the uh Renovations are completed and this was moved in and testified at the last meeting so with what was quite a mouthful but considering all the changes I think this as Sly as possible to be said I'd like to reintroduce Don passman since it's a new hearing he does need to be reworn and he was the architect PR meeting else no pass oneing also please ra your hand please to tell the truth the truth truth and joh I know you you were accepted as an expert at the prior hearings is your license still in good standing yes there's no incidents that we should know of that would uh render you no longer an expert no okay good thank you so I I know that I I gave quite a mouthful but why don't you uh from an architectural standpoint I know that you to stay the same walk the board through the changes to uh the interior and the exterior so uh in dividing up the three the was quite complex this one seems to be a little bit easier uh we are maintaining more of the bathrooms that were there prior but we're upgrading them and we're adding two additional barrier free toilet rooms one in the front and one in the back um there was there's probably less structure in this one than the previous approval um so I have sheet A5 up on the up on the screen and that shows on the top what was approved and on the bottom what were proposing and I had indicated that as we walk in the cafe and the bar is essentially configured the same slightly Chang the bathroom that's cor and then as you came in previously there were the two private theaters that you had to kind of walk around and through in order to get to the to the main larger here and in the propos were eliminating the two theaters as you walk in and you figured out a way to make it more ID accessible you talk about the ramp and the access and how that's separate now from the theater simar but part of this thing is that the previous approval had a very elaborate platforms and so forth so stepping platform whereas the current theater is a concrete slab that slopes down to the bottom the current the the latest plan that we're proposing is using most of that same concrete slab and keeping that slope just up at the top we're leveling It Off from where it's highest point if you will making that a platform up there for handicap SE in the back although there will be some handicap SE down low that and handicapped accessibility is not only through the front but they can also access through the back as well you're proposing a ramp in the back you can okay and uh the only the only other significant change that I think would be visibly noticeable could you go to the elevations please uh yeah the the is it the yeah that one so in in the previously approved we were doing a small roof Edition where it says new stucco yes that was the right there right right there and we're no longer proposing that that was to get access to this used to be the projection room and in this previous proposal it was going to be used as some office space it was actually a projection room there also now that's gone because the projection room is on the lower level via a lift that takes the projector up it shoots through and there's more room now because those other two theaters aren't there in the way chapter can go there do that so that's really the only change on the front is that instead of having that addition it's not going to be there anymore because that space just be left and with regard to the alleyway there's some minor modifications with regard to Window and Door location and again that's just a function of where we need to egress as a result of the Interior changes that's correct couple Windows add in the rear just for some lighten that I did bet Michael York that I could do it in less time than him even less than him but no just teasing no I mean I'd be happy to make it more complicated but it really isn't it's um it's it's the same theater less separate theaters I know we had some discussion um at the first when the first plans came through regarding the side to on the North side yes and neighbor um nothing's changed sorry no no nothing's changed and I'm glad you brought that up Mr Mayor there is if can we go back I'm sorry chrisy to A5 as you can see in in the second theater I'm going to call it because it's a smaller one there's a door that says proposed door that goes out the back to a ramp and that would be right up against the neighbors and just so the lower back right lower bottom right corner CHR where such private right right there so while that door is there that's an emerc erress and also Ada accessibility that will not be used to let people in and out of the F was was the alleyway going to remain open or closed open it's going to be open so you'll be able to go behind uh the General Store there y to access second ad it it will it will function the same way it did previously and how you previously proved it we're not changing any of that the lighting has been now have everything was upd everything was updated I believe for resolution compliance we have the prior resolution compliance letter and obviously will'll address all of Jerry's uh and Jerry and Christine uh notes in there also Lighting on the Marquee lighting I think was a discussion also too about how long would stay on at night due to uh apartment building apartments across the street certainly whatever was whatever I think it was a discussion believe that was in the last resolution yeah okay just want to make sure it's all covered we're not making any changes okay recommend just the condition of this approval is that they comply with all prior prior approval right with with the only change being from the car approvals is the time the last moving was start that was it in that private function space you're not calling it down anymore no correct it's just going to be a second theater and again yeah it's going to be used as a priv well not no and and it's still going to be a theater and just so everyone understands in the in the prior iteration that you approved that was exactly what those other two theaters were four you have the large theater for the general public you have the smaller theaters we just trying to preclude the use of it getting use there right right correct so no and I just wanted to be abundantly clear that it's just going to be a second theater well TV could be in the next no no no it'll be a theater it'll it'll absolutely be a theater that little sorry so that little space right there where it says 555 ft not that I can see this from here but I saw it here um I can see it well enough to see something things but oh thanks chrisy so that's a that's a theater yes it's going to be a smaller theater so for example I don't know I don't know I mean I don't know how many people grew up around here anyone remember middle Middlebrook movie theater I'm not okay well Middlebrook movie theater youd have you'd go into the big movie theater as a kid you'd see the movie and then you'd have your birthday party in a little room much smaller than that kind of next to the movie theater so you can so this is but it has to be in relation to a movie so for example what I'm saying is you could just like the other space it's exactly the same use as the other two theaters you move where let's say I want to have a kids party and show a kids's movie kids go in there they watch the movie they get a little cake after or let's say Danny DeVito wants to come and you know show my cousin Vinnie is that the one he's in no no all right twins twins twins let's say so Danny Theo so he would watch it with you and then there could be a question answer afterwards with him in there so it's really going to function as a theater but it's just going to be a more relaxed Space movie movie specific use of course so it's not going to be rented out as a birthday party side no not unless there's a movie going on with it that's all was going to be clear because it's this is let's be real with tip tail went around is it's gray it's kind of a gray area but I understand why you're asking it to be uh described as this and is there a barrier between the private function space and the and the main space or I mean can that be removed and then You' got kind of a you can have a huge screen no no no so this is a door yep so you come down here and you can either enter the private space that's you can't go in this way that's an out only okay and then this comes in here and you can go out that way so to get to the front Theory you have to go through here and that was the other thing on the other layout it was all kind of the doors were all together wasn't the ability to keep it kind of separate where here you could watch a movie in here and not bother anybody here it just it and where the word screen is where screen space behind it the space behind it is the speakers and so forth for that theater giant thick wall soundproof wall screen be in that um we're not sure it may be a movable screen I'm just not sure I I right I mean my guess is that it would um depending on how the site is laid out it could be on either end or it could really be where those tables are and and the seats could be set up vertically that L that I have a question for you though regarding go back to the cafe and and such the original plan was bringing food in from the outside that's still you're not sworn in yes no no no yes so the plan was still to bring outside food sources everything is the same we're changing nothing and the bar was basically a minimal service bar it wasn't a fullblown bar again whatever was testified to at the last hearing Remains the Same when you say not a full Blum bar I don't know that there's going to be a limit on what's going to be served no originally it was was going this can with wine to and no that that's not the case Mr chair what you're thinking of is when they came into have a tempor temporarily open it for the summer yes there was a there was an intermediary resolution when they came in for the summer po unrelated okay want make I can hear them behind no you just got to make sure this is G let's be realistic this has come full circle so many times here where chairs are coming chairs coming from Ukraine chairs Finland chairs are coming from all these places and we still have an empty building so was just we are we really going to stop moving forward yes that's that's that's my point you're not you can't say anything and you can ask you can ask Christie how I begged C and borrow to get on tonight's meeting knowing how eager they are to to move we're ready we're ready so the town that's all we're trying to get moving board we're alling that's why also you open the way you did explaining yeah right and and well listen In fairness when we met in technical Mark said look they're going to want to know well I can't say the way I want to say it I know I read your mine I've asked the same question why you know why you playing around let's get started we're ready good I just have one more question sorry um because I wasn't here me neither okay great so you guys have done a reduction and seating and everything so in the first application everything was handled with do you enough parking do you have everything that was all handled at the first time so since you're reducing the occup then well what I can tell you is there's no parking right there's that lot next there's no parking and the original theater he can't the original theater had 400 plus seats right this one the the one you approved had a little bit less and this one has even less and that was you know an existing nonconformity that they were granted relief at the time of the last application so that still is ongoing we're going to park at the restaurant any are you I'm well done thank you i' like to open portion of the application up to the public for public questions sir Sean Main Street couple questions concern side door to North are we going to use that to allow people leave because the right away behind my building is own by the town the lady's very poor and there are it's it's not very good repair so leaving that way and the curve Cuts back there it's you know so it's concerned for me in my business concern for the town people and customers and just number one wait just you you being this way right this that's not the intention the intention is to so what happens in the past is people leaving these doors go behind our buildings and down the toward second that's a major concern make sure how do we control that there's a fence going in go go back to the site there's a fence going here yeah yeah if you looked at the original sit not going new no one's going I'm hearing that parkings already a problem the town keeps proving D based on the governor's EX order that town was that Town's pleasure to reove that so we already have a parking it's a parking on my end of the town 12 month problem where it used to be a four month problem so construction going to start in July and August we're got construction vehicles workers dumpsters where's where they all Park so I so a couple things the first is best case scenario we start in July and August okay and as far as construction I don't believe in Mar correct wrong the the construction um parameters are not really dictated by this board it be something to organize with your Police Department your construction department and the like so I don't think that this board has jurisdiction to say how the construction practices would be okay so I'm going to put on record here that concern about parking so we're I'd like to know that we're going to take that on forward especially construction vehicles that do not park there all day long they come 7 o00 in the morning 4:00 in the afternoon so on so again what I can assure you is is that we'll comply with your ordinance and comply with any directives from either the police department or the construction Department you got to deal concerns I'm here 22 years that any other questions Thomas J 62 thir Avenue um can we move back to that other one where it shows that approve yeah you have to ask christe I don't have you're looking for the yeah yeah um Mr Sor you go um no right there so um this area here I was trying to read this it says slope up to grade but that's not reflected on here you're manipulating the grade there is that what you're doing no around the gra the bottom slab where that U that small theater is lower the you got to slope up to get the grade great okay so that's why it's not reflective on the first one because you wering we weren yeah it wasn't really delineated and we were changing FL levels and so perfect and then the uh the previous application for the theaters you're showing all the layouts um would it be possible for you to revise the plan and show the screen location and the 39 seats in this we're not having fixed seating that's what I said in my opening okay it's going to be casual seating tables chairs couches things like that there will be no fixed seating oh but you're but you're limiting it to 39 we are limiting it to 39 and when I asked where the location of the screen would be they said it could rotate sure it could the plan be revised just a reflect occupancy of 39 well it's not a legal occupancy of 39 again it'sing that's what you're proposing well you as you can see here there's less than 39 um yeah like in here there's the note seat count may very uh final seat count will be can certainly add a not that the final SE Camp will be no more than 39 yeah I appreciate that thank you very much problem any other n Clos to the public you have any else coming I do not that's it so opens up public comment close come this far again and I don't think it needs to be said again but I will just because I'm getting paid to be here um by the hour yeah so I'm going to make so I'm going to make I'm going to make it very quick um what we're proposing tonight is less than what you previously approved and it's going to allow us to not make as as as major the renovations to this building as was previously required and will allow it to get started even sooner we're all excited to get this excited to get this open as you are and based on the fact that other than the time uh for the last movie all the conditions of the prior approval would still apply essentially you're just approving a little bit less than what we already did just like you to make a note to to yourself and to your um ver pay for this that I do believe that gentleman F has a valid point I it's a valid point that you've got to be cognizant of how you are doing this and how you're going to impact all those buildings on Main on Main Street from yman these you know these people have been here for years not only do I agree with you Mr chair I raised that issue today on the phone with my client about the board perhaps having a concern with what to Summer and having to be very careful to make sure we're not impacting it right you just you've got to you got to be aware and you've got to make these uh big considerations once once Summer's over well things change but still you've got to uh take into account the people who have VI uh viable businesses with been for years you can't it cannot that understood and we'll see what alternatives there are for the parking of uh construction vehicles if there's a way that can Poss par somewhere else and they're going to take their tools on the train no they do um okay so the change the changes make a motion to approve because this is we've come this far let's get this moving but you've got some you're going to um in the final plans 39 seats in that theater second din we will relabel that to theer number two yeah then just put just put y pass yeah yeah otherwise yeah and also too I I didn't hear any objections to the 10:30 final movement time so I would assume that's consensus is it's good so that's okay um other part deal all the conditions of all the conditions yeah everything been that's all all you've asked for anything we missed and also you are still bound to the first agreement that we have y a second uh yes based on the with the culations that were mentioned yes mayor yes Miss ber yes Mr SE yes and M yes and chair May yes thank you let's get this going and can someone call can someone call Michael York and let him know it was uh 20 minutes all right I was wondering why I didn't know I apologize f [Music] I had a hat on