called me please rise United States of America the stand indivisible 48 hour notice as required under the open public meetings act has been met as Noti that this meeting was emailed on January 23rd 2024 publish in the Asbury Park Press of the postar and the poster copies be placed on the bulletin board in the bur office and a copy of CL um mayor Fox here Miss Hernandez here uh Council Mahoney here Mr Marco pres uh chair mayor here uh mror is excused this evening Mr sh here um Miss Riley here miss s here miss Bernell miss boo Mr SE and miss here thank you and also present this evening Mark pitri our board attorney Gerald fra our board engineer and Christine or for the record M Marco has thank you welcome welcome back com so Paul Murphy went from fulltime to parttime so he's doing a couple towns so we need a [Music] couple couple of uh procedural points for tonight's meeting be aware the meeting is recorded for transcription the public is asked not to interrupt comment or in any way disrupt the presentation of the meeting in general once land use board opens an application the applicant or attorney will make their presentation with Witnesses and professionals members of the board will ask questions and cross-examine each witness of the applicant as needed members of the audience will be able to ask questions of the applicant and the witnesses based only on the testimony given at the end of each witness's presentation at this time no comments testimony or evidence from the public will be accepted the board may also call its own Witnesses once the applicant has concluded their presentation the board opens the public comment portion of the application public is welcome to comment present evidence and testimony regarding application each person must be sworn in on the oath and is limited to 5 minutes if desired the applicant may cross-examine you based on your comments or testimony if more than one hearing is needed to complete an application will be carried with a future date no new application will start after 9:30 p.m. unless the board and applicant agree conducted in a timely manner otherwise it will be carried board reserves the final decision board will Jour in a reason reasonable hour R rarely will a witness be called by testimon we do not have any new correspondents um I did distribute the meeting minutes from our prior meeting of May 16 motion approval um Miss Hernandez yes mayor Fox yes um Council Mone second was there yes okay Miss SAR yes Miss Perell yes miss boo yes Mr seith yes M Ren yes and chairman yes um we do have three resolutions for memorialization the first resolution is resolution 20242 it's approval of bulk variances and a D6 height variance for pre-existing turret and La Properties LLC block 25 13 900 Avenue second you miss sarene yes Miss berell yes miss boo Mr seith Miss weing yes and chair mayor yes thank you uh next is resolution 2024 13 it's approval of a minor site plan with both variances for Lee Restaurant Group LLC 58 4 415 Main Street second Miss s Miss Hernandez yes uh Council mom yes mayor Fox yes Miss berell yes miss boo yes Mr seith M yes and chair mayor yes thank you um resolution 20244 approval of amended minor site plan for Bradley lab LLC block 71 30 110 Main Street um M Fernandez yes Council Mone yes mayor Fox yes Miss Pell yes m seith M we yes and chairman yes thank you uh next we have our consistency determination um I'll let Christine take over in a second but this is for ordinance number 20247 of the B of Bradley Beach amending chapter 396 again storm water management of the B's revised General ordinances to revise the bur's storm water management rules in accordance with the recommendations received from the M County planning board it was introduced at the Bal council meeting on May 8 2024 so um I reviewed this ordinance and found it to be consistent with the B's master plan um in particular the 2018 reexamination report recommended the burough regularly review the regulations within the line development ordinance against the planning goals and objectives clarifying amending and updating when appropriate um additionally I found this ordinance to be consistent with purposes A and B of the municipal enties law which are to encourage um Municipal action to guide the appropriate use or development of all lands in the state in a matter which will promote the public health safety morals and general welfare and to secure safety from fire flood panic and other natural and mandate disasters um and this ordinance uh is revising the B's ordinances to be consistent with the New Jersey DP Fromm Water Management regulations so um I think we saw different iterations of this you know few months ago yeah so our make a motion to approve it as consistent make a motion to approve this Bo as as consistent thank uh Miss harison yes M Hernandez yes Miss ryi yes Mr Marco yes uh CC Mone yes mayor Fox yes um sh yes Miss rown yes and chair mayor yes thank you so in support of that we need to adopt a resolution because we' now found that it's consistent with the master plan goes back to the mayor and councel public hearing adoption so the head note of this resolution would be the resolution Bo of the Bley Beach County B sty fin chapter 396 stor is consistent Miss yes Miss Hernandez yes Miss rile yes Marco yeah Council M mayor Fox yes um M sh yes Mell chair May yes thank you thank you okay I think you were the only one there was no other board members that had to recuse themselves from the the next the first application no okay um okay so Mr Mel yes you want to come up with your client yes um so our first application under consideration is Luv 23/24 it's both prances for a re yard setback L Group LLC block 68 lot 6 301 3rd Avenue applicants proposing to renovate an existing single family residence including the construction of a two-story Edition along with the hover porch patios and at the attic level the applicants represented by George D Mill esire she had to refuse herself this is for her first time hearing no she was no oh yeah yeah yeah I'm sorry I just didn't hear the reason okay so I know she laugh that she can participate in the audience so she's to notice she Cho to do can participate ask questions uh we have yeah we had you have photos that you yes um apologize for not having and can they be removed from the or do you have additional copies I have aop okay thank you I have a cop for okay if we could just Mark that A1 sure so A1 is a photo board depicting the subject property yeah pretty much the subject property and the neighbor excuse me could you move that back a little I hand ready to go ready to go okay I was just waiting for the nod good evening everyone I'm George Migel I'm an attorney I represent the Kina Group LLC the Kina Group LLC is the owner of the property the property is 3013 Avenue uh it's the southwest corner of Central and third and um I have here with me tonight um Glen Kooker he is the principal of the cleaner Group LLC he also lives in the home with his family uh though it's an LLC this is his C and intends to uh reside there um so we're here tonight looking for essentially four variances all rear yard uh related uh we have a uh an addition that we're putting on uh we're asking to put on on the West Side uh and that's uh that's approximately well it is uh so we're approaching into the Westerly lot uh Westerly side of the property we have the addition we we also are proposing a wraparound porch um unfortunately the the wraparound porch is set now at 24.9 7 ft where 25 ft is required I'm sure when they built that they thought they were at 25 ft but it's 2497 so we're proposing to continue that line around the west side of the the uh of the structure um and that's 24.9 so a variance is required for that and we have a patio um in the in the west side rear lot the Westerly um side of a lot and U we did ask for balcony we need for balcony variants we're going to withdraw that so you don't have to consider that um that actually was a idea of our architect um and it's not really a big deal to the client so rather than ask for it we're just going to withdraw that still design around that's balcon on the third floor yeah facing west um yeah fac that sou right yeah it it was in the side yard where it's not allowed to be and it was larger than it was allowed to be so rather than ask for just and we have the overall variance because the structure is nonconforming and we're expanding itself so there's that overall variance in Stu ask for too so I did reference our architect alcius is here not yet Al and square blown up if you would yeah and I'm done open so that's that's it and uh our professionals these s from to tell the truth the whole truth the truth proceeding Thank You intro to Mr Mel why we do that when you testify you got testify second oh I'm sorry I got got to read the hand out okay so um Glen uh you're the you're the representative or the principal in the cleaning Group LLC right yeah so so we bought this house in 2019 summer house um we we did that for a few years and then it's very hard to get them my family to go back to Connecticut so we moved full-time um two years ago and uh we're basically looking for space so we don't have a garage I have um four Sons uh 17 16 16 and 10 um surf boards and bikes and everything you imagine and we have no place to to put plus we don't have storage um like I said we bought it for summer summer and now it's to the point where we're looking to figure a way of making this a more suitable all right so you're got to live year yeah we live full full time now and we have so you're going to do Renovations inside and outside yeah so so we're going to renovate with approval um the house currently had additions put on to it that um are are SAR there they don't go with the house there a one story addition off to the side and and the rear uh well that is my yeah that is no that's the side has the South South Bing side has really bad little sheds and things that that we would like to get rid of and make it All Uniform house and bring it so that it doesn't look like everything was an addition at one point in time so you have an old house it's an old house right it's an old house um a little bit about what I do I do historic restoration I preserve and restore old buildings so I have a a natural affiliation to try to fix the outside of the house and bring it back to um point in time when it was built uh that's my goal for the exterior of the house to make it um more time period uh at least look because additions weren't obviously there but at least bring it together uniform the house um and go through all the exterior finishes as well you know we're going right now just for the for the variance but we're looking also we're going to renovate the house and you know Roofing deciding I have to bring bring the house up to as well um it's almost like we don't have Windows you know um I did when we first got the house I did a quick uh renovation to the old Electric System because it was it was m and Tu it was bad um and then when I did that we got some structural deficiencies so we we sorted all that out for the first six six months because I had a time frame with everybody wanted to use the house for the beach uh that summer and then we got in December so I had lied time to get that done and then we've been planning on what we can do with the house now that we living here full time um okay so it's fair to say you're going to do some work inside and outside yeah inside and outside exterior the interior um we're just going to be looking to open up the first floor to give it make it a little more modern where um you know six six people can run around the house and not be on top of each other did you think about taking the yeah I have a you know I have a big problem with that just because I fix old buildings it's hard for me to to take t Okay so the the addition that you were talking about that that can be seen in the first photograph in the package right upper upper left hand corner there looking at it right you can see it just doesn't and then then we have a couple of closeups of it right and it's what would you say is that attractive no that's the correct answer so um the fourth picture that's shows the Westerly lot line the Westerly side yard or rear yard I guess you call it right okay and um the next photograph is this is a uh a picture of your property from Central yeah I'm C okay and then as we continue now what what does this show us so this is the if you if you're looking um down the driveway you can see there's a little shed falling apart uh followed by there's a shower in between and another shed at the end and then you're seeing the other side of the West Side position and then the uh the part that sticks out with the two windows is that in add so that was a uh I can't tell until we until we open it up if it was an original Edition or time sensor but it was a sun they would have used that for a sun room back in the day where it wasn't it wasn't it was open so they just enclosed it uh so we're looking to um take that whole section and U make it look more tight into the house now this work that you're going to do did you try to keep it on the the the same footprint and in the same line of the facade yes we did were you able to do that uh pretty much we we were I mean obviously the garage extension um isn't but everything else lines up really nicely um I we're they already we're building on top uh approval we're building on top of the already uh existing addition um so we're not extending any further out we're just going up and um did you take into the did you take into consideration your neighbor to the Western your design that yeah Str what what did you do well I mean we we talked about trying to do it any other way um because we I've never had to go to a zoning board or land used me because I'm always fixing things that were are existing so I was we didn't want to have to burden anything so we tried to go other ways it's just with the main house structure being basically a big Square I wanted to avoid getting into the Integrity of that structure uh just for my own uh the building of the main house so you were in there already though when you when you first yeah I've already seen a lot so since when I had to open up walls to do the electric I know the framing situation I'm trying to avoid getting into the corner of the half so if I went up on this addition already it eliminates cutting into especially the corner of that back por of the house they need to interfere with the Integrity of the existing structure right so what's sorry about that um the roof hip roof gable roof what is it oh yeah so we're we're currently have a a gable roof we have a Gable end on that addition so what we're planning on doing instead of going up straight up and having another Gable number we're going to be osing a hi Ro which will um be less encroaching I think to to our it'll be sloping away and uh you heard me open um our application by saying we're going to forgo the request for the balconies correct yeah so the balcony uh was just one of those things that we're looking at the plant and because of the way the roof lines all come together together um and us trying to bring the two pieces together um the this see photo so if you're looking in the driveway photo of that re extension that I said it's an outdoor porch above that section it's still going to be basically the same design but we're going to put a a matar around it so that it it brings it to the house and it brings the roof all the way around so it doesn't look like it was an addition um because we were doing that we were looking at the drums and it looked like oh well you could have a balcon but honestly I have three of my children up in the third third floor and they don't need to be on a balcony anyway it was just a thing that uh architect Al said well you could do that and I didn't know there was issues to have that in involved so we remove that without question and uh you designed a new wraparound porch right yeah so the wraparound porch last year with all the water that we we got and with all that rain we have a side door to the house you cannot see in the photo but between the addition and the porch there is um it's a it's a half flight so there's a big p there's a patio there now concrete slab and it goes in halfway between the basement and the first floor so you go in and you go down or you go up and every time we have that Monsoon rain that fills up the water makes it in and we're pumping water out of the basement so we're elimin we're trying to eliminate that door uh Al together get rid of the slab that's there if we bring that patio around it accomplishes that we'll have a roof on it cutter system that water should be away from the building and then uh it also shrink the you're standing on Third and looking at the addition or proposed addition it shrinks face of that as well so it kind of uh lessens the the you know coffee here the side of the house so you you just mentioned the drainage you know about the recommendation in the engineers report and you're you're open to that I'm open and I was going to discuss that yeah okay we get that so oh the engineer would like you to replace the curbs and sidewalks as necessary as necessary sure I I think they just did a big project for the sidewalks the curves the uh the sidewalks are just uh more the afid of the trees that's the the uh we have that small F where the trees are I don't really want to be digging the roots of the of them that's probably one of the best parts of that sometimes there's you know damage while construction's going on fix that yeah so excuse me that be a good so so generally the Cur around properties in good condition there's really no problems there's a handicap ramp Corner that appears to be uh acceptable as it stands they have sidewalk which is beautiful um I have it at my house those sleds are very heavy uh but in a number of locations I'll say three or four they're being lifted up in certain areas so as a condition of approval if approved I would ask that those areas be lifted up if there's Roots you have to chop The Roots Roots Roots out but these are old established trees that it won't hurt the CH okay yeah my I don't have enough you know well they're they're all over town and our neighboring towns and believe me those SL are very heavy oh sure no so I all your son a lot SL and I'm working with little pieces of slate and I know that but that that was the point our sure thank Glen have we hit everything that you wanted to talk about yeah I I think so I mean we we uh we're just trying to make it so that we all well in the house we didn't talk about the the garage but that's not really sure you designed you don't have a garage right now right I have no garage why do you need this garage well I talked about this we don't have storage for for anything um and then we're on the top portion of that we're doing um a small home office for myself because I I still uh have to be up in Connecticut a couple days a week so I go up I come back so I'm I'm here and working and I was in the basement for a while and I finally got a raise and got moved to the first floor but uh I need some space for for an office okay so where will that be it's uh above that's not an office that you see clients in or anything no I don't I don't see any so it's work at home type thing at home and to work that's all I have supp the application public questions forward sure than forward and state your name and address before my name is Mitch clar I live in 3033 Avenue and I'm on the west west side of GL property third question I do so um I live next door to glenning and um and I've been given written notice since I'm within 200 ft so my question is as follows given that this is an oversized lot about 95 feet uh not encumbered by the issues that much smaller Lots in the Bradley face with regards to the rear setback and the rear setback is our sidey yard where there's already a pre-existing non-conformance um due to that one story bedroom Edition which encroaches 7 ft into the 25t rear setback where they want to further extend the non-conformance by adding an additional story on top of course with a roof and understanding their desire for a larger Master Suite on the second floor can't this be designed to conform to br's regulations I mean we did we did work intensively to try to not have to get a variance and like I said before it's just the construction of the home itself it's it's framed out as a box and you go into the corners of those boxes it BEC it's problematic for the structure of the haard so we did look at everything that could when we about it yester and I don't see another place for it of course the the first Flor is already there and it's not it's it's it's a nonconformance correct yeah we need a variance for no I'm just saying existing nonconformance is that correct yeah it encroaches into the rear and you're looking to build on top of the existing nonconformance and extend the existing non-conformance that's correct and there's no way to build the second floor which is within the 25 ft so basically pushing back that second floor to be con and then not worry about the corner of house well that's what I'm saying so then that would be in order to do that I have to go into the corner of the house it is exactly on the corner post of the house so if you shrank that down to be I don't have me you that room down you're talking about like a 6 7ot room and in order to not do that you got to go into the corner of the house and I'm trying to avoid that because that's really the structure of the house what would that do to the preservation of the potential to preserve the house at that point it's just a uh it changes the entire connection to the house I mean maybe Al explain it there but it's the actual family members that hold the whole house up so all your it's a hip roof so everything is down on your four corners to mess with those Corners is it's just not something worth getting into okay thank you thank any other questions from the please uh my name is Joel Goldfinger the 205 Central Avenue so I'm on the south end of the home um and all I mean I'm not I'm not against any of this I just want to make sure because now the new garage is you have any questions right I have a question so with the new garage being added it's now going to have closer to my property and I just want to make sure that their drainage is of uh looked at that I don't have any issues with any that's all maybe that would be best for uh the architect and discuss but yeah I mean I don't see there a problem we'll you know not looking to have our property train on to anybody else's property your your property is actually higher than ours um so it's definitely not going to be an issue and uh we work with Poss we might be doing dry Wells or wet Wells depending on but Bradley wants that we will currently there are I think I think 80% of my home doesn't they don't have even gutters on them so uh we'll have gutters and then we'll have to you know catch that drainage water and then deal with it so that it's not going anywhere except for where it's supposed to be yeah I I think the fact of the matter is we we can't have our property drained onto your property so um we will have to take whatever measures are necessary to prevent that assuming that would happen um we can't by law allow that to happen so Mr me if I'm wrong but I thought you plan represented you comply with the engineer recomendations the drainage system so earlier they they agree with our bullet point our letter that they would collect order off the group of the house protect your property okay all right any other questions from the public see CL thank you um I'd like to call Alias our architect thank you Al can you just tell the board your qualifications as an architect sure yes I'm a registered architect and landscape architect in the state of New Jersey I presented in front of this board I believe it was about last summer um Al you were hired by Glenn rank correct to provide uh to prepare some plans yes and you did do that right you had discussions with him right yes what what was the focus of your discussions when you're doing this design from the first phone call and then when we met on site uh Glenn was really very uh concerned about the look of the addition um the goal is to modernize the house and provide some some other you know some some amenities garage Master Suite things like that uh but he did want to preserve the overall facade uh to the street as much as possible and again to the degree as possible try to pull this addition into a way that's going to blend and complement the house possible um so that that was the driving Factor along with the functional elements garage uh for both storage but also for at one car um as well as a Master Suite on the second floor older home there really is no master suets um without removing bedrooms but with four kids that's not something you really want to do uh and again there was the structural issues and interest overall if keeping if you think about it being on a corner house the character of the house is on uh on the streets so in addition to the Practical issues of building on the street fronts keeping the additions to the rear uh well I guess the rear and the side yard but off the street fronts so I'll go further into that sure sure and you what's the date of the plans that you have submitted uh we did resubmit uh for some adjustments and that was on uh June 4th 2024 and you heard myself and Glenn both say that we're going to get rid of the balconies right yes correct any issue with that no that was actually uh one of the things was trying to find a way to tie the roof in but keep the scale to to a minimum considering we're adding the second floor my thought was we would need to do as BL call it correctly a mansard roof and when we do the mansard roof it's basically the roof kind of goes up above the roof line and there is a bedroom there and I said look we're going to need to do you can't get rid of these windows by code your egress windows it could be a balcony he even at the time wasn't really Lov the idea having kids have access to that uh he did actually before the meeting uh when we had a call told me I I just didn't do it stly uh remove that so there still be Windows there will still be a recess in the roof line but he does not have an interest in making that about and if we get approvals we'll submit amended yes correct so it it'll look the same on the outside physically the space would be there but there wouldn't be it would be windows in set so I tried not to steal too much of your thunder with Glen given his profession thought he could go into the house but would you take the board through your uh your your plans sure yes uh from the yeah so the hatch is attempting to show what is new uh because we're we are doing some interior Renovations uh toward a plan North at least the garage uh we would have loved to tuck it into the house but literally the basement starts at this wall so it really was Impractical to build in further here that would really require a lot of work and uh demolition of existing condition sort of things so the the uh garage is kind of attached at the front uh the wraparound porch helps kind of scale it as much as possible into the structure within the house uh functionally the main part of the house is saying similar kitchen dining big living room we're going to be removing the wall to open up the floor plan which you know most people like to do nowadays and uh Glenn discussed a to some extent uh there's what appears to be some additions that we believe were pretty shoddy construction so from this point over we would like to demo down and build back up properly uh two floors there there is issues you can see floors are sagging on the second floor there's also a flat roof that probably been water damage I'm guessing so so by doing that we're creating a larger kitchen scaled appropriately to the size of the house uh Powder Room mud room laundry and then a first floor guest room uh and in the back now this is the second floor sorry the first floor existing Edition that was mentioned that currently goes about 7 ft into the rear yard setback that's at that 18 and change number uh that is currently a bedroom the goal is to stay a bedroom uh and by doing this wraparound porch in addition to uh alleviating some of the drainage issues they they' kind of figured out as they've been living there uh we have a small little Al Cove entry before you get to the uh kitchen and that would also give access to the uh guest room it may be a flex room long ter hard to say um now that that variance that we need for the wraparound porch That's a continuation of what's there right yeah it's literally within I mean the survey could also PE that much off too but it's it's a third third of a foot so a third of an inch if need it we can pump in it just doesn't seem to make sense since we're already here um just go continuous across and this would all be an open side front porch single story steps down to a patio I'll go into that when I look at the site plan um so that's for the first floor uh second floor uh this is a little difficult to to kind of convey but this this is the home office above the garage but this is actually down about a half a story it's level with the second floor uh Glenn went somewhat into the reasons as to why this this bedroom would be difficult to uh pull in here but one of the things it didn't make sense to put the bedroom along here because You' literally be staring at the neighbor's house uh it'd be better to be in the rear yard uh structurally this corner here I was concerned with uh moving we could probably do some stru structural gymnastics to work around but Glen knows from doing this day and day out on the older homes when you start messing with certain elements that can be issues even just temporarily supporting uh but also it made sense to have the master bedroom uh out in the rear uh if we were able to pull it back in which there's questions as to you know do you really want to get involved in that then we have a situation where now we're building partially on top of a first floor structure below typically you want to Stack the plan uh you know to keep you know uh structural integrity and and cost and things like that but even if we pulled this back in here uh question would be even though it's a nice size Master Suite it would start taking away other elements but also we would likely end up want to end up with a roof going covering the first floor existing addition that that currently doesn't exist and that's right where you would want Windows to be the alternative would be would be to do a flat roof and we're trying to get away from the flat roof as much as possible so even if we pulled it in it it I don't think it was resolve very nicely and and I don't think the impact on the back door would be as significant as maybe you might think at first and we're really going about 7 ft beyond the rear yard set back to 25 ft the attic uh again is just showing everything saying is of the same this is now incorrectly labeled is the balcony flat roof area but this is going to be disguised by the mansur so these windows will stay as is but we need to keep that point low in order to keep those egress windows by code or else the roof would just be too high and that room would have no one of those um go through the exterior the bottom left let's see the bottom right on the plan that is the elevation off the central it's kind of like a secondary Frontage the way the house was originally designed and the way we're looking at it we're trying to treat it as if it is a front uh a frontage we are going to be reorienting these steps and matching pretty closely at the end of the day all the stairs will match so it'll it will be very complimentary and detail uniform across around this now three sided porch uh attached garage here and you can see what I was saying about that how the home office is really lowered about a half the story both the scale down to a minimum possible and then we're even dropping roof lines further and creating Dormers hit Dormers that are match the existing uh hip dormers on the upper roof uh single car garage door uh size to fit a car and as he mentioned uh surfboards bites things like that uh the left side of the house you can see this is the 5 plus foot setback um that's that uh what again what I was thinking of as a balcony but is really just going to be a recess roof uh this is kind of a section looking at it from I didn't we're not doing much work on the facade on um on third we have photos of that but you can see the additions Beyond here again h in the second floor Edition here anytime you have a hip roof with the the roof sloping away it doesn't front as much and feel as big as a Gable wood just because it's receding from your view uh and then this is the uh rear yard facade that would face the neighbor along third and this is the twostory Edition that we' discuss this is the wraparound porch uh looking at the site plan just some things to consider that are particular this property um the patio uh there's really we either don't have a patio and conform or have some some patio I think it's reasonable it's not an oversized patio uh so that that's creating one of the variances the PCH you can see here that's that very dious in fraction on the 25 ft 2497 uh I think the the more thing that you guys are probably looking at is the second floor Edition here so 25 is a requirement 18.3 exting we're proposing to add a story above again for the master bedroom which makes sense to have the rear yard as opposed to on the neighbor uh on Central but I think one thing I would consider here is your ordinance is very similar to a lot of other towns with Corner Lots with finding a rear yard and a front yard there's nothing really unique there but what I what I think I would really consider here is if this was a mid lot property the neighbor well we have a 5.1 ft setback which is the minimum required 5T single 10t combined but in this case your single yard uh on on Central we're conforming there that's the 5T but the neighbor on third AB if this was a Midlock block 5 ft would be the minimum to begin with anyway now 25 ft is more for this lot itself because it's a corner lot and that's defined as a rear yard so I I think that's something that I would take into consideration so even though we're going 7 ft Beyond du the existing footprint so instead of 25 we're at 18 to change uh if this was a mid lot block we could go down to 5 ft which would be much more intense on the neighboring use um I think yeah I think that's that's about it for are you done yep so um will your design make this property more useful it it'll certainly make it more useful and in in my experience uh the alternative uh paring property now versus modernizing and a lot of times you're modernizing old property you have to work in certain ways it's not like you're gting the whole thing and starting from scratch you're trying to work with what they have so I think doing these sorts of things in addition to all the set of improvements he's making or plans to make I I don't see this being tear down anytime soon so I think it will add to the value and make theu much more likely to last longterm do you think the design that you created here is similar to properties in the neighborhood uh yes I think it's within scale but I think more importantly it's very it's tied in as much as you can do to the house itself architecturally architecturally which I think is important because it's such a prominent house on in the neighborhood so we were asked by the engineer to U provide drainage is that going to be an issue I don't think so I'm not an engineer but based on what I understand of the soils in the area I don't see that being an issue uh sometimes it is uh so I I I think that's okay uh one other thing on the drainage what I would just note for the neighor on Central um even though we would be complying with the drainage uh requests SL requirements of the town a lot of the area where we're building this garage is already Inus so that's not the we're not increasing the perious greatly we're going from 46 to 51 60% were permitted so we're still about 56 of that but that area itself is not actually where we're increasing the fous sign you have anything else I have nothing else Mr chair question from the boarding this yes I have uh the soal have stor what's the calculation on that oh here we go okay uh yes existing is 628 to remain so 6 628 s you're not proposing any additions to that no that plan was just shown as a request of the plan review and also to show what what was about abouty but no that that will now that will be staying exactly the same how that area of the above or the garage itself above so we're doing an internal stairwell uh so we went back and forth with accessing it inside the house for outside but uh we're going to be when you pull in here there will be storage around here you walk up about 60% of the flight to the level with the main floor then you take a turn and that brings you up to to the yeah so it's kind of mid mid the roof where the belony was you're going to keep that like a maner roof a flat roof yeah it's going to be the roof will go beyond to hide what kind of needs to be a flat roof for sake of keeping the eress windows or windows at all in that one bedroom but we don't want a flat roof look so is that where you're going to put air is that no the air conditioning is going to be in the in the back within within an area that doesn't need a variance not not on that not on that area correct but you won't be able to see it unless you and Jerry maybe this's a question for you I'm not sure the patio variant I I see the notes in here about it but I don't understand it because it's talks about a five foot and then it says the propos proposed re rear yard set back is 8T a very is required so I'm not understanding that that's point four on here on page three so their initial plan that they came submitted had a bigger patio that actually encroached into the front yard in front of the building when we noted that they also took note and they made change and they pulled that patio back so now it's conforming and it's in the re the rear yard setback I believe any deck or patio has to be 5 ft from any proper so as long as they're 5T from the proper then they're okay why does it say a variance is required it it says a variance required possible may there's only a couple there but yeah Pap two yeah a rear yard variance for the second floor over the existing structure at 1832 um we have a rear yard variance for the wound porch at 2497 and the the patio Varian seem to have G away yes no patio variance balcony variance is gone so what we do is when we write a letter and then we have to revise it we strike things so that you can still refer back to the old sometimes it confuses all this one reading okay good enough but they they have taken steps to make things more which is good I do have a question of the architect if I may um and it may just be a matter of how it's drawn but Building height I'm concerned about how you show the South elevation in particular I look at the North elevation and I don't I see that you all the additional addition roofs are lower than the existing but then I look over at the South elevation and I see the proposed roof that's higher than the exist uh this that and that is just a graphical thing I was more the more to show what's in the foreground versus background so that's that's more part of this and he's be on that so this this Dormer and the thing you see up here is all existent and and that's actually right there is the same thing right right here all right I wanted to be sure that's the case that's the proposed of that's the new that's the highest point of the proposed okay so yes correct thank you bu out black turn on the rear yard setback existing structure stor is that on Cross space I believe so I believe I don't remember Bas going probably most likely as a footing what I do on my plans actually did the one I got got a very for here about a year ago and where we were going above it turned out somebody did the addition very shy and there was no Foundation literally the block was on soil that's pretty rare but I typically put on the final construction drawings contractor to confirm that there's a spread footing and if so it can certainly handle another store depart if that's I don't know l oh yeah I just just kind of questioning too because it is a non performance where it is now and explain why you felt it was not could change it bringing in some some some some sort of compromise eliminate some that you're also going above it yes so I I think too um I think if we were to bring it in it would it would affect more from a massing perspective other than the architectural construction issues from a massing perspective it would probably you really only notice it if you're looking at it from the neighbor in the sou wall Central so you know the issues going further toward the quotee unquote rear yard in this case you're still seeing you know you're still see TW story structure with correct just trying to find a way to mitigate some yeah concerned about how far out that building is coming out that addition cor Ro so I I would look at it two ways one is the eve which is where you kind of perceive at grade but the highest point would be what's kind of driving this this a 9,000 l and exist things exis time yeah I know we got to work yeah we have to work it's 9,000 and you're asking for variances on the 9000t lot that's a lot okay it's not like it's a 5000t house lot I mean you know looking at 9,000 and that bump out is a nonperformance how long it's been that's a problem get stuck with Legacy Zone have have to adapt to it and as time goes on trying to see ifate change it well to answer the one question 32 the Peak from grade 22 to the eve roughly um the a couple things I I know from myself sting on for years and doing a lot of these a lot of time you Corner locks it always has variances uh would be one thing to think about um I I think to design this correctly functionally to push in that 8T it would it would definitely require more structural work but but even then I guess what I'm what I'm trying to say is that we're still going to have if if you have a bump out there one story we're almost certainly going to have roof line up there as opposed to a flat roof in order to provide the windows because we don't want to have the only Windows overlooking the neighbor on Central we better Overlook the rear yard I just don't I don't in my mind I don't know that it makes to me makes much of a difference um and because this is already there this could continue to be there right yeah there's nothing to say that yeah if if he didn't want to build anything over there stay there it's been I assume his grandfather I don't see why it wouldn't be um I also think from the street front if you're going down third if the minimum I don't have great recollection of the entire Street front but five and 10t setbacks if you're Corner lots are just so down that's how you want to par it up but if this if this was not a corner lot this house could the whole structure could move uh I mean twostory structure is what 20 25 32 it could move I get your point you're saying but was the mid a mid lot mid block project you got 5T so it's it's another point but it's not it's corner lot and has c c there's a good chance uh I'd be willing to bet a lot of money on it that this lot on Central was subdivided from the the mother lot this is the mother lot lot next door I Tot so that's where the problem comes in no I'm talking but this is not the central this still facing from third no I understand it's facing but my point is um as far as the location of the house on this property is compromised because of that we have a lot so so that is a that's an obstacle or a hardship that they so Jerry what you're saying is when the house the property to the South was connected to the subdivision then actually third would have been the front yeah it would have been reversed third would have been the front thir would become the front based on our definition just like all the other houses again and you see it all over town every corner lot been sub just about not many are left so they're left with you know it's only 85 ft so on the subdivision under thein subdivided it would have turned that sidey into a rear yes it would have flipped just look at this you take an existing bump out like that blow up taller and it's have some weight to it some weight another way around it since you are going to be taking this all apart you just taking the roof off you're going expose Raptors you're you're going to expose a lot do that if it was even kick I don't know what's the size of that exactly how you how so what the point is about architecture making it doesn't look so it doesn't look so strange yeah I uh so the the room itself uh the the new finish room 2x6 exterior walls is about almost 21 wide by uh 138 deep one one thing that it's hard to say on this side on this side of was I I think the reason we didn't take an approach of dropping the roof and doing Dormers which always is an impact the interor but in this case we felt it was well worth it scaling it down to the house I think on the rear how to wrap that around here maybe there's some way to drop the roof keep the footprint but pull the roof line down a few feet uh of course then on the inside you would have some slow ceilings you be looking at um I I think that could help scale it down I love the rest of board feels this bre or not you know it adds to the house I was in that house and I was told that that was an add-on because of in-laws that needed care and this is going back on it this for sale and it had you felt like that was a box that somebody had plopped on the corner of it because they needed to have people on the first floor to me you're improving the overall Aesthetics of the outside just by kind of blending it in instead of having a box and I may slightly I corner lot but I personally think it's add to the Aesthetics not open this portion up the application the Public Public questions the hard to see behind the there's anyone all right one question Mitch Mitch 303 thir um by my calculations the Master Suite on the second floor is approximately 7 800 ft including the uh master bedroom which is over the nonperforming bedroom ining the large walk closets including the toilet area the shower the sauna area the main bathroom area about s yeah that's close Okay um so there's no way because if that's smaller and we don't have a 700 change Master sweep um bringing that wall in of course makes that smaller so I'm trying to determine why this is a hardship of making that a smaller yeah space so any anytime you're developing a plan starts of what they're trying to accommodate within the plan which you know does drive to square footage and then in this particular then look the house I don't see a scenario where theed makes sense going on the side because overl the neighbor property it's 5 set back do you the same way that overlooks our property uh well for a couple reasons since that's 3 and 1 half times the distance well actually yeah close to that the other thing is it it be in likely depending where the bedroom went it be two side window versus three side it seems to make more sense probably want the better in the back right but I'm just trying to determine where the hardship request is for the variants yeah um I think the hardship is really more existing conditions that's that's what it would be well there is no I mean there's a 500 foot bedroom in the front of the house so um I mean it's fine to build bigger rooms I'm just wondering the need for I'm getting my question is excuse me I was going to comment telling you you can ask questions you can't make comments the end please let me finish I heard you please let me finish at the end you have the opportunity to comment and you're sworn under oath when you do that so please liit okay any other questions Le I just wanted to ask one more question so um over where your mechanical equipment is is there an objection to continuing the fence along the side yard to provide screen and for The Neighbor Next uh Mr that's fine yeah because right now it's just I know it's conforming location and it is a good place but it wouldn't hurt to have some anything else no wit forward state your name and Mitch 303 your right hand please sir from tell the truth the whole truth proceed I do thank you so I understand the protection in the ordinances are here for us the homeowners and the residences which should not be taken like so I asked the board to abide by the town's ordinances uh I'm hearing from the architect that doesn't think that 7 foot extension into the rear setback is not a big deal but then again he doesn't live next door he dismisses the 7th feet into the rear setback the same way he dismisses a few inches on the and I'd also like to point out that it's not a midline it is a corner line that is subject to different rules is but by constructing a one-story addition onto this existing non-conformance it further exacerbates the non-conformance and dramatically blocks the light into our house and into our yard so while I understand that visually it's still going to be this it can be 7 ft for not to encroach any other comments in the public being honest I do have I do have an issue with this nonperformance and expanding just it's just I understand the reason why it's just it's my opinion and based upon Town ordinances also that it's an expansion that maybe figured out a different way I'm not sure what it is Arch but I'm sure you had this discussion probably regarding this this nonconformance and this and this bump out that just going to stay there and just going to double height and not withstanding neighbors concerns yeah it's I so sure it's going to affect air and light because it's small but it's still an expanion it's going to be there it's going to be presents I I kind of wish it was some sort of compromise that to come up with cut half do something to mitigate that and also still your client needs for another and again it's a big house and now we going to make a biger that's fine that's that's progress that's and I appreciate the fact that nobody wants to ter it's a legacy home town it's been probably since 1922 so so I much com from Bo they agree with that I may wrong take I have the same concern uh I mean I I strongly believe that that could be reduced in size uh I mean we're adding another variant on top of an existing variant and it it's just exacting the whole situation I 9,000 ft that's a ,300 uh yeah 9360 I mean it I would say you know I would agree could be red in can I ask another question we have no motion yes I can yes okay um correct me if I'm wrong but if you were to try to move in the second floor now in terms of support you've you've kind of created at least in my mind a problem because I would think supporting the second floor would be sitting exactly on the first floor and if you tried to to accommodate the moving it in is it now going to be more of a construction because you're You're Now what's supporting the second floor it's not sitting on the Four Corners anymore you're moving it in is that making sense correct it's a com it's it's not that it cannot be done it just generally try to avoid it um between that corner that Glenn referred to where the hip comes down he's the one that deals with the stuff in the field I I draw up it's no problem he was very concerned with that corner uh because we did go back and forth Co pulled in he he felt very strongly based on his experience being a contractor that's a a big head so that kind of drove it as well as the B one with be the back right um that the support below we could work around it is easiest if you generally go to the outside walls okay um can I call it gymnastics there's easy ways to frame and there's other ways can ium so I mean you could on the second floor sorry I'm sorry can can we have when answer this question a little bit more detailed sure I know you we we rested but then there was some questions there's there's some intention about this did you actually just one comment before step in sorry for com that's okay um you could actually cut that build you cut that existing pum out half build new build new Footers and now have close or second you say cut the existing first FL yeah I think reduce set you don't know if it can support uh what would likely have to happen almost certainly is what's right now the ceiling joist that are below the roof those those would get replaced and that's where we could throw a beam in to support you know to your question um I don't think that's really what's driving it's more the upstairs Corner if we were to cut the first floor back that does remove that room because now it's only what I say was 138 out so minus 7 all of a sudden that's 6'8 so now you're going into the corner again on the lower floor it's kind of the same issue um construction I think um kind of just to reiterate what I said earlier but uh Mr sh's point that you know this is a over 9,000 foot lot um I think certainly you know they were building something new there's really no reason to have any variant um but the that room is existing there now right so even if you were to deny this application that room would still continue to be there and while they are increasing the variance by building on top of it they're not changing the footprint of what's existing there agre what you're saying you're right they just took that bump out decid not to Second Story on it's still there it's still it's going to be there that's a GRE but now why keep going up not performing I know it's some people at deal but it is a big deal right no it does certainly add Mass to the overall building but I think that's the only reason you know their only justification for having a set that is that there right um but unfortunately it is going up right you want to speak I my point just being uh we're trying to preserve the house I I could knock the house down get into the you know square footage them allow and but being that it is an old home we trying to preserve that and make understand but we have no we have no dog in that fight you you decide what you want to do with the house you know you just what you want what you want ask no I'm I'm just saying for it is it is for the neighborhood as well it is character that Bradley has you keep knocking the houses down I think to your point then Mr chairman is the board has its discretion so you kind of do have a dog in the fight because you can allow this to be preserved you know or who knows what the future has right but it is a 9,000 foot lot and it could be built and and I'm not sitting here and I can't stand it when people come in front of my boards and and they say you know we're going to build something big so it's a threat it's not it's but but you do have discretion in this matter you could base a decision on presid reservation of this structure and I think that is valuable when you have a structure like this in a town like you have um you know to kind of preserve the fabric of the community um I think that's important I think that's where your discretion comes in no it is and I appreciate you saying that it is and that's and that's that's what that's what it is too we are dealing with things that are there and they are there but we also are you know looking to preserve this house so it's not only that things are there there is a benefit to preserving it this helps to preserve it and and but it would preserve it into I don't know 100 years you know it could right I I'm not just agre that yeah it's it's it's a beautiful old home and obviously it's it's valuable to gra the beaches Street skates and home skate um and you don't want to see it lost but again you can be but you have have to give the point that you are expanding it's kind of it's a bump out that wasn't part of the original architectural plan it's an add-on that frankly is ugly and now I just don't want to continue ugliness to go taller in sense my point sure is it I mean I'm just I mean I understand the concern but if you didn't go to the second story is there a way to repurpose anything I mean The Powder Room is and the mud room are 1 by 30 13 by 13 and 13 by 13 but you already have a bath and a shower and a laundry and an outdoor shower and a changing room if you didn't build the master bath could the office be used so if you didn't build the master bedroom CU they could the office be used as the master bedroom and you just don't build the master bedroom over the existing what's over there right now um I mean just try to repurpose what you have here it takes some space to make an off maybe not have such a large office the office is really driven by the the footprint of the garage and we're dropping the roof down and scale that down so I I don't know that we would make the office smaller um itself uh but I'm saying take the master bedroom move it to where the office is so you don't have to build on top of the space that we're talking about and then repar something that you have here at PW room you know mud room and that that was okay so we tried to do that we have elevation problems um Central is lower and it's it's uh the eight steps to the front door so to your first floor I have eight steps so to get a garage we'd have to make that second floor on the garage taller and if you stand on Central it's going to look ridiculous it's just going to look like because I have to in order to tie that floor in to the to the second floor where it would where it would be it would just to make this weird massive almost like a commercial garage so that was actually our first plan was to put it on that side of the house and we just couldn't get it to work um and then you know this is where we are are you talking about the physical reconfiguration or the interior reconfiguration of I'm talking about I'm talking about just putting the master bedroom above the garage where the office is not moving the itself yeah no no not moving the I don't instead of an office putting a putting a yeah putting the master bedroom over it and just killing the idea of putting then you would leave the bedroom and go down to the garage to go back into the house so we're trying we were trying to bring the bedroom directly into the second floor and by doing so it raised that whole side of the house so that when you were coming down Central it would be this monstrosity really I mean it would be like commercial garage um in order to get that height because we lost 8 ft from sidewalk to house so beyond my pade but I think also another another way to look at it it's really detached from the second floor it looks like it in this plan that it's the same level it's detached so you'd either have to go up to the second floor and then down a considerable set of steps right which would be all OD or you'd access it from the first floor most people want to be on the main second floor for their bedroom okay so that's that's not that's not I think your question were why not just Rec figure and why create this variance you know have yes has Mr chairman I hear what can I talk to my five please sure than five minute break yeah I I I don't I want to see if there's something else I heard Al testimony so everybody else but I want to see if there's something that can be take quick five minute recess B I'm GNA come it's almost oh she is very close very B tell got a neighbor we did we had [Music] one whether it's a zo we're going to do it again you [Music] he go into his layer call meeting back please please excuse me please so Mr chair we did take a moment we did discuss it Mr Kooker wants to explain why this why we want to go forward with this design we we did put a lot of time into this um me and Al went back and forth back for it like I said we were trying to design it for the other side of the house to avoid anything we just couldn't get the elevations to work um this is my our our best approach to getting what we need for a family and um making and bringing this house to cohesiveness because right now it's front of the house the rest of it is is a mess so George said maybe we would re uh design but I I'd actually like to see what you guys have to say and then remember just you get you get denied you can't come back that's we come back with a different something different totally suban new house yeah well un I mean it's it within my financial capacity it's just not something I want to so this is my best as just for the record I don't want to prejudge what the board is going to do if you were to come back Mr M will advise yeah you the have to come back with a different plan I would just well we can address that if when that's ever that's it yeah so all you have to do is getor way it goes I think you kind of know my stand on this and I make a motion Den the application based upon the non performance and expansion ofform second that motion um sorry that was a motion to deny motion to deny yes so if you're in a if you are agreeing with the denial then you vote Yes if you disagree with the denial then you v um Miss SAR I conflicted on this one I appreciate that there were some changes made to the original application that addressed some of the variances um and in terms of building coverage and impervious coverage which is something that I personally feel most strongly about in this town um they're within they're conforming and I would hate to see a Brandon W put up in this slot so I'm going to vote no although I have reservations about building on an existing nonconforming but I am going to vote no because I would rather see this property Pres T down thank you Miss Fernandez I am also conflicted um I think that the neighbor's concern is something to consider um think that anytime the neighbor their concern it's difficult to right it's difficult to pass something that's going to ca somebody a lot I'm yes um Mr Marco I would I will say this was a heck of an application to have as my first one back everyone so thank you um I EO uh Miss Sis's comment um you know building coverage and impervious coverage are major concerns of mine this application does conform to that um there is an already existing nonconformity and the applicant has taken steps to make um this application more conforming and so that I do appreciate and at the end of the day this is not a new construction that has um all the flexibility to be able to build to our ordinances and um a structure is being preserved in our town so I don't know um Council Mone um I think that um we have the rules on setbacks for a reason um I think that this would you know this is going to further expand the nonconform I think that it's our job to protect the neighbors I do appreciate that the applicant wanted to wants to preserve um the home it's a beautiful home an old home but I just don't see the hardship considering the changes that were going to be made um and um therefore I vote Yes mayor Fox uh I I vote no um I think for a couple reasons it is a large lot but it's not um it's it's something that you're it's the hand you're dealt on that lot uh I think the plan was the best that they could do um I I'm more in favor of renovation than cars and I don't I don't think it's and I certainly understand the neighbors concern but I think at the end of the day would be better to build as is build as plan has proposed Mr sh I said I have problems with over 9000 has variances uh I would have liked to see that bump out or addition actually redone to be more compliance of our ordinance I just can't see adding of variance to a preexistent condition just by moving it back AOSS found Miss I hope no I think that anytime you're willing to preserve old house we should work with you and see that it's that of a deal work with the rest of my Miss uh I'm incredibly sympathetic because I understand lot situation um I think tricky situation because it's douling down on already um non-conforming uh structure so I am unfortunately going to vus and chair I vote Yes the motion carries the application is done thank you you are ex thank thank you it would be be people that have been back to back we ready okay um I just want to know for the record that um Miss Riley I already has returned and uh mayor Fox and Council Mahoney areus for the next three applications because they involve use Vari right so members of the public elected officials cannot hear use variances so are elected officials left not because interest in the application the appli okay and another um notation um Mr Stone I do have uh sign certifications from Mr Marco and um Miss Hernandez they were not present for the hearing in March everyone else is eligible and they will for the first I should tell you that my intent to proceed as if I was hear okay so I'm going to proceed quickly I'm just starting the application okay all right so our so for the record you're starting a I I don't know how much we didn't get so so as a result the certification ISS no but we have okay um we've been there before too um so the next application under consideration is Luv 2328 it's for use and B PR for addition to an existing garage structure Rob Gallow block 81 Lot 4 272 Pacific Avenue applicants proposing in addition to the existing garage by enclosing the area under the existing second floor canopy or the garage the proposed improvements require VAR from the board regarding use inside your setbacks uh this was partially heard on March 21st 2024 Mr Gall has retained um Council so Mr Stone will be representing Mr Dall this evening yeah please Mr chairman of theard is Richard St from The Firm of some of you may know me others may not a privilege tonight to have two applications I should remind some of you the time about 30 years in which I sat in Mark seat and retired from that position thinking that I was going to retire entirely and here I am so didn't keep to work out quite as I plan but it's always a PR to come back to beach so uh Rob Gallows came to me couple months ago told me he started the application for a piece of property located at 27 and half Pacific Avenue you probably know it's near dick restaurant and um he he had some issues that he had to deal with I explained to him that these things have to be procedurally correct I felt as though it was necessary since we were dealing with both of D and C variant that we engage experts to present his application uh he is going to I'm going to pres present to you architect Mr Paul Lawrence he'll explain to you what's there what the plan is and uh some of the things I like can take note of particularly the reduction of a two bedroom to a one bedroom which I think goes a long way to satisfy the things that BR Beach and this board likes to hear uh I also have Alison Alison sure miss Corin has been many times qualified and I and Cent have reviewed some of the things that are I will present her she will provide you with information to support the necessary criteria and then we'll open it up Mr will answer any of your questions as i' like to call mrw why don't we have everybody come upbody in Mr your right hand please SAR tell whole truth or nothing about the truth proceeding do thank you okay would you come a little CL why don't you come close we can pick up the mic Mr Lawrence will you state your full name please Paul lawence wnc what is your business of occupation I'm an architect I have been for 30 years can you tell me what licenses you hold New Jersey architectural Li okay in that regard have you ever testified before board before I have can you give us some of the examples before okay okay so you're now qualified what I ask you do is can you walk the board through exactly what at the site and what is proposed by Mr G sure it's a um small two-car garage with a two bedroom apartment and basically what we're doing is the second the apartment goes over the garage doors and extends out about 74 in um we're expanding the garage because it's a little on the undiz so you can't get a car in there and storage for bicycles and whatnot so we're coming out not not changing the fo um we're eliminating the one of the beds living space so it becomes a one bedroom apartment um and we're taking back the decks because there's an existent overhang I do have a question is there a laundry facility on the FL the in the garage so do that make the first FL livable habitable space if there's no bathroom bedroom no it's just there's no kitchen on the first floor so the only reason bring the washer dry to the first for convenience until being and it's not necessary to be in the second that laundry area it would be nice but it's not necessary nothing any questions so iess one this one question is you still are your intention is still to straighten out the front of the building expand it underneath so the garage was face for we we're putting besides new siding new windows a complete upgrade of the house doing a new roof of the entire house so it's a it's a shallow Gable that's going north south making it much more attractive for both from the property itself and from Dicks would be much more attractive person ask but you do realize this is total not point of it's a second second dwelling on this property siiz property which any expansion of a nonexist of a non property is not okay so one of the things ging it up he I wanted him to to you how uh aesthetically it improved in regard to addressing the issue of the I leave that to miss C okay I think what she's going to emphasize which I know this is that the Improvement of the property is the take back of the second bedroom I'll leave her to address the statory so just we deal with the Aesthetics of it now the roof line stays the same height no change the roof line changes a new roof structure that's going on the house the height changes higher or lower um if you could when you during this report just if you got to identify there's two there's two buildings correct so we have the front primary residence and then the garageart thises the structure and I will also chairman of the board that this is an existing nonconformity corre so the two dwellings have long preexisting exist application what this application does in balance it retains the existing rure because it's there it's not going on the nonconformity which will be addressed as well by m Corp but in addition there's a reduction from two measurements to one measur and I believe that substantially out but I guess I have toade asking about the roof right we're gaining of roof but it's not living SP understand previous testimony the last time was was discussed that the roof line was going up because of low both ceiling inside the side but it's already living low ceilings there that's driv really gets taller taller although in Balance we we're reducing the attention I Hear n clear question question the existing garage right now how many hold one car can take that I can barely fit my Smalls do you know what the dimensions of the so 19 half to back 20 by 20 is a small Gage so it it right now exists as a small garage and what are you proposing we're adding 74 to that but on inside the width would stay the same the become so that would adequately fit two cors could par in the garage it would leave room for Utilities in the back and a wash dryer also leave room on the back wall for storage and things that are necessary it's not an overed no a living it's awell dwell but the dwelling above isn't being changed yes it is no roof line the roof line so the V but it's not expanding out no usion well I think they have a plan that but they really only expanding the lower floor so they can fit two cars in the garage okay so then go back Mr chairman two things reducing a bedroom adding another space for vehicle two instead one questions from the board why why is this not considered a garage apartment it's not 800 is it the two bedrooms that does it I think it's it's oversized first of all this go before probably like probably before zoning and such it's really Legacy oh I'm not I'm I'm not doubting any of that Tech technically we have two houses on one property right that's that's the CR of the M two houses on one proper but my my question is why is this Jerry maybe you could help me what's the definition of a garage apartment it's like 800 ft I think it's 600 he at 600 yeah okay of living space so this is well beyond that but it's exist all right that point though it's um property 4,000 ft you can't not allowed to have a garage apartment on proper size have to emphasize again it's a pre-existing what we deal with and I want I want to point out to you for comparison the they gotle all right what you do she broke the chair she broke the chair see open this up to the Public Public questions of the architect 62 thir Avenue Mr Lawrence how many square feet are on the second floor that are need addition yeah that's he asking about living space which is on the inside of the wall so for 71 71 any other question publics see none [Music] sure my name is Alison coff that's c i box I'm a liced professional planner in the state of New Jersey I'm also certified by the American Institute of certified planners I've had my license certification almost 20 years now in that time I've been accepted as an expert witness in front of boards in more than 100 communities throughout the state I to stick to M ocean in Middle sex County so this is where I live and I don't need to drive long any um I have appeared here in Bradley Beach previously it's been a few years all right so uh the subject site that we're looking at in this application is 49.5 Ft size it's got Frontage on Pacific Avenue and the site contains two single family dwellings there's that front house and then there garage with apartment in the rear that is a pre-existing non-conforming second Welling unit the surrounding properties in this area contain a mix of residential uses that's mostly to the north south and east and Commercial uses to the West with the parking lot for vix being adjacent to the rear of this property very very close to the structure that we're talking about tonight the applicant proposes to renovate this rear dwelling unit and the improvements include reducing the number of bedrooms from 2 to one expanding that ground level garage the existing dwelling above it realigning the roof in a manner that will allow for future solar panel installation but that is not proposed at this time uh removing the chimney structure at the rear of the property that is adjacent to the parking lot forix and this chimney is in poor condition and removing a portion of the second floor Landing which currently extends over the adjacent property the site is located in the R1 single family Zone and two principal dwellings on are not permitted so the applicant is requesting a D2 variants for the expansion of a pre-existing non-conforming use this site has a couple of Vault variances that are unchanged by the application that's lot area lot width the side yard for the front delling the rear yard for the rear dwelling and lot coverage and there are variances which are slightly increased and this is side yard and second side yard for the rear dwelling this is a technical variance it's due to the expansion of that for a garage space in line with the existing walls which are already non performal it's my opinion that special reasons exist for the granting of the requested variances and the variances can be granted without detriment of the health safety and general welfare of the public so when we're looking at a D2 Vance the special reasons concept here is a little different than for a D1 Vance the New Jersey Supreme Court and the Burbridge versus the governing body of lill Township decision examine the criteria that a board would look and you're considering the D2 variants the court determined the special reasons concept applied to the expansion of a pre-existing non-performing use a little bit different as the use is pre-existing and things such as appearance Aesthetics compatibility with the surrounding area uh become uniquely significant especially if there is no evidence that the use will be discontinued in this instance the lot in question has two pre-existing single family dwellings on the loot there is no evidence that this condition is going to be discontinued future when we look at this expansion it's more of a technical expansion here it's minor the primary expansion is to the first floor garage and there's a secondary expansion by a slight increase in the height of the structure by realigning that roof and despite the expansion of the structure in terms of square footage on the ground floor and the higher roof the intensity of use overall is being reduced by the elimination of a bedroom so it's my opinion that when we look at this expansion there are significant benefits proposed by this expansion and renovation uh the first is the Improvement to the aesthetic impact of the structure usually the changes to a garage dwelling are not as significant to the public because they're not as highly visible but this structure is unique in that it is highly visible to the public on the rear side where there's a heavily used commercial parking lot it's so it's therefore more significant than your typical garage apartment structure would be there is a reduction here in the actual number of bedrooms which a and the intensity of the use uh the portion of the second floor Landing which extends currently onto the neighbor's property is going to be eliminated so we're eliminating that encroachment the chimney at the rear of the building is being removed which in my opinion is a public safety issue so it eles risk associated with that structure and we are creating a new roof line by reorienting the roof which would in the future support solar panel installation uh then we have bul variances that the applicants requesting my op these are supportable there are several existing both variances that are not being altered so can be granted under the se1 hardship standard a lot area lot width side yard for the front dwelling uh rear yard for the rear dwelling and lot coverage and then we have those two existing VAR there two existing variances that are being increased the two altered variances and both of this these are due to the ground floor expansion of the garage which is in line with the existing facade lines so it can also be granted under the C1 hardship standard that's the side yard and the second side yard for the rear dwell as the variances here are all existing conditions which are not altered or are due to existing non-performing conditions which dictate the location of the proposed condition these can again be granted under the hardship standard second side of the test for variance is whether or not there's detriment it's my opinion that there's no detriment that results from trusted D variant from the requested Varian again increase to the use is minor um increase there's a a decrease in the intensity of the use uh from the reduction in the number of bedrooms so while we're increasing the size we're decreasing the intensity uh there's no increase in parking demand associated with this because we're eliminating a bedroom uh and then the last test is whether or not it impaires the intent and purpose of your master plan development coordinance here we have an addition that's limited and does not increase the intensity of the use but rather it decreases the intensity of the use and the Advan his master plan goals uh two of those are to continue to be a stable and diverse community Through the provision of a balanced land use p and the single family character of the bur is a very important asset the rehabilitation and infill of housing stocks should be encouraged where appropriate while maintaining the character scale and privacy of the established residential neighborhoods of the bur in this application achieve that goal so for those reasons it's my opinion that special reasons do exist for the granting of the requested use varant POS reasons for the variances it could be granted without detriment to the health safety and Welfare of the public and they would result in an improvement of the site which is consistent with the goals of your master plan articulate it was a better job than the lawyer opens up the public open portion of the application the Public Public comment ipoke I apologize it's not our first Ro I I I often have to remind you sometimes you do for question I oh sure Thomas J Coan 62 Third Avenue M coffin um I didn't hear you address the parking does the new setup for the parking garage improve the parking utilization on the property between the two houses yes because it would absolutely allow for two full parking spaces in that structure where deep enough to accomodate any but the shortest Parts I don't see any other questions close that that portion any other comments from the board and no changes are being made to the other open this portion the application Thomas 6 Aven tell the truth the whole truth proceeding yes I do um these are interesting applications for the board uh due to the pre-existing nonconformity uh as the chairman pointed out these were built before zoning so um we are going to have to deal with them uh I think the applicant has done a stellar job overly not increasing at all but reducing the utilization and increasing the flexibility of the parment so U you know based on the testim I I would say this is an excellent application thank you anything else nothing to and now gu standard we're also putting a nice pitch on the roof hon my initial reaction to this whole thing fact that something hard up against fixk L is a mitigating factor and you are you have commercial property right behind it uh it's it's just it's really this a property I first initial reaction M your's examples were athetics I believe well I like the fact that we're going down from two bedrooms to one vedro that's probably the that's that tip the scale the root change I'm not happy with but Mr say prthe be better better situation chimney being eliminated and getting rid that the issue of the landing on the neighbor's property that is a positive right there so based on the testimony and based on the application make a motion to approve it with those changes as far eliminating the um the landing encroachment change the roof line and two the one bedroom and also as as planned come forward with the garage M yes I agree we cance density and M Hernandez yes um and I agree with chair I think that I was Missy are already yes Mr Marco yes I think that um the applicant did a really good job we have these um non-conforming LS that have two structures on them and instead of letting them fall by the wayside we have somebody here who's actually trying to make it not more not only just a pleasing but is helping to improve parking in the neighborhood and I got so excited I threw my pen this time and also helping to decrease density of the neighborhood so um I vote Yes um Miss Bernell yes Mr shook uh I'm yes always and chair mayor yes thank you very [Music] thank Health break Health break [Music] [Music] myair I they shorted me a chair [Music] know great do that you get another chance I shouldn't have had the ice cream guys left me sit out talk place what so this is a public service announ [Music] tripod [Music] [Music] very bad sorry [Music] [Music] [Music] didn't they're not like call me back to work please you want yes I probably I'm just GNA do a quick roll M Hernandez Mr Marco chair mayor here Mr sh here miss Riley here miss here M here miss [Music] Mr okay next application under consideration this evening is Luv 2329 use and V Varian is for proposed expansion of a non-conforming of non-conforming structures uses uh 215 brenley Avenue LLC block 50 lot 3 215 brenley Avenue the applicant proposing a first Flor deck and interior renovations to the existing front dwelling the applicant is also proposing improvements to the front dwelling which include a new covered front entry on the west side and a new covered rear entry app also proposing to reconfigure the units within the front dwelling applicant represented by Richard Stone Esquire good evening again my name is Rich Z I have witnesses thaty Mr our enger Mr AR M cor plan and of course mrman Seminary are here they have to feel any questions one of the that has just been provided we should have copies of this we have color rendering color photographs oferty I have individ cop we have Mr Mr C just come you swear for to tell the truth the whole truth truth one you before we get started I meant do this before over the years I've always felt Vier always responsive very helpful I have a problem I don't V but I want to tell you not everybody appreciates it and I do you know and when I a board attorney I appreciate it for other boards apprciate she she treats everyone very well very professional I a little bit I any we'd like to get started so I'm to call my first and that beo so would you please take your tell your business or profession and provide the board with all of your licenses John manino I'm principal and owner of C architect I have an active license in New Jersey as well as five other surrounding states presented in front of various boards numer States like started with our Engineers to explain what's what is the site now explain the area in which it's located and then you can address a couple things one I think you received the copy of the letter from the bo engineer okay you review that I hope okay so let's talk about and what is proposed um so Brimley Brimley I think I once familiar with that street bu e West sure the subject property is just a couple blocks from the beach um as it was noted before there are two structures two dwellings on one lot and I heard a little bit about that in the last application uh the front structure uh consists of two dwellings dwell on the first floor and a dwelling on the second floor both bedrooms and then the rear structure is a single story um with three bedrooms uh I believe the paperwork uh in the engineers report incorrectly noted the rear uh structure as a two-bedroom it's actually a three-bedroom uh unit in the back of the rock so there's a total of seven bedrooms on the Rock Carman and Suzanne um purchased a home about 15 years ago and have been using it as their weekend and summer home um and uh they're now looking do uh you know permanent move and and make Bradly Beach their permanent presidence and permanent home from uh move from bound New Jersey so right now they've been using the second floor unit for themselves but as they move down here and uh they're looking to really make better accommodations for themselves uh utilize more of the first floor unit um by uh repurposing existing rooms reconfiguring the space as well as expanding to the second floor just to provide the needs their family and friends that come to visit while maintaining um the remainder of the second floor as a one bedroom unit and the the rear Cottage or the rear single story structure would remain the same unchanged uh there are no no expansions that are being proposed no increase in living space um all the interior Renovations are focused on the front structure when you refer to the diagam exibit I believe are they premark they're not premark but they were submitted as part of the packet so the board has received something new here you've already received I'll move this chair out way a little bit here um so there two boards here in front of you um down on the floor is uh two floor plans that represent conditions of the front delling again all the work that's being proposed as far as Renovations and reconfigurations is only with the front structure nothing with the strcture up on the easel is the proposed Renovations of so as I stated earlier the existing first floor consists of one dwelling unit with two bedrooms and the second floor is another dwelling unit also with two bedrooms the proposed Renovations look to reconfigure the entirety of the first floor to provide for all new Living Kitchen um dining space as well as a master bedroom of Suite so really a one floor living um of the outside perimeter of the building being expand no the exterior perimeter exact way it is there's no footprint expansion of any living space the uh the first floor living um would then also expand to the second FL utilizing some existing spaces that currently reside one bedroom that was is on the second floor now would be now occupied by the by the lower unit and the living room that's upstairs now would be converted to another bedroom and another bathroom so now the first floor unit is really one one story and half of the second story that is where the applicant would would look to resign the remain of the back half of the second floor would stay as a one-bedroom unit uh utilize an existing kitchen existing bathroom and repurposing two other rooms for living space and bedroom again no expansion beyond the exterior building equ so the one bedroom unit is going to be in the front of the house no the one-bedroom unit is in the rear of the house in the rear of the house and it's accessed from the re but I want to I want to emphasize nothing on the interor is been increased in inity nothing no so uh it's a shift of bedrooms uh right now you have two bedrooms and two bedrooms between two units we're basically shifting to a three bedroom and a one-bedroom so the total number of bedrooms Still Remains four but you still have seven on the whole lot on this front building there's four four bedrooms and will there be any increase in bedrooms in the back no again there's no work propos for the rear building let's talk about the outside that tell us what's on the outside bu yes I believe this was up on the screen easier to talk through some real photos so I believe you guys all received this as well this is a before and after um example of the exterior of the building the main facade facing Brimley Avenue um it is really the northwest corner of to your left is a real photo this is a real photo that was taken by by me um and the image on the right is a photo simulation we we built the house 3D visually so we can um impose it within the photograph so you can see really as accurately as you possibly can what this house would look like when it's the renovation C can I ask you Mr Mino to go from the left photo give to the right photog and explain what exists and what is proposed course so again this is the front facade that faces friendley Avenue be the northern facade currently the lower tenant of uh the lower floor dwelling unit enters their unit through the front porch and through sliding doors the front door is very kind of uninviting un assuming doesn't really offer much curve appeal or address to the street um just something that we're looking to address there's a second floor covered deck that exists and again this blue door here is what would be the front door of the lower unit but it is currently not being utilized as such um down along the side or the western side of the building that you can see in this photo you see the existing elevated deck that is accessed from the second floor uh unit um and then existing patio on the lower floor on the western side if you want I can talk about the two other rations but I have photos of that I can flip to the to emphasize a bit as to the the so and looking at the after photo um the biggest Focus for the front is really the entry um really trying to unify the front facade and give the front door presence to the street sidewalk leads to just a pair of wood steps that go right up to the door this will what we're proposing is a is a small entry porch with a a partial cover really just over the door and the entry porch area itself for weather protection um and there is a difficult to see here with the Landscaping there is a small walkway that connects the front door porch deck that we're creating to the existing deck what that allows us to do is allows us to eliminate the existing sidewalk and establish that access to front porch re reeding that as grass so now we're taking that sidewalk away Reed that front area and as represented I believe on the site so this really helps to unify the front facade and really address the street the way a house should by changing by eliminating that walkway to the left does that increase the per grass area correct corre moving I believe about 35 sare ft of of walkway and steps and that would now become grass and let's look about the overhang there there there is an existing door and some stairs that leet there into that entrance R that's correct existing door uncovered unprotected with just a couple steps that go right up to the door no Landing um on the you the door let's talk about what you proposed is propos being proposed an overhang and a couple of exactly just a few yeah you know about 4T deep deck area at the front door so you have a safe place to uh access the front door a partial covering as you can see it doesn't continue all the way across the front facade we do have existing window uh that floods light into the stairwell so we didn't want to impede in that so it's a partial roof cover just over the front door and that main entry deck that we're creating um just to give you really ni ask about that uh new facade that extension over the doorway do that interfere with any a li open space with any thein Property Owners no no not at all and can you take I do have elevations that sub those the screen so you explain the re tell us what is existing and what so difficult to see what's existing and proposed on the other two facades it's kind of layered in one image but if we go to the South facade this is the South facade of the rear of the building this is the door that uh would be utilized as the entry point for the upstairs Welling the only element that's really there's two elements that are being proposed here one is a small grof covering over the door again there's no covering over the door there's no protection from weathering or snow as you access the the door and this is the front door for that other unit the other element that is uh is being re kind of purposed a little bit is an outdo shower uh the house currently has an outdoor shower but it's it's all plumbed and drained but for some reason it's accessed from the internal rear stair at an intermediate Landing bit odd um and where it's set up it it would lend itself perfectly to be accessed directly from the outside so we would be looking to repurpose that outdoor shower and access from the outside that would be in the rear of of the house you're not handing out to the shower no you're remodeling remodeling and using it for what was is intended um that is really aside from new signing and new windows that really is the extent of the rear facade work that is being proposed are you are you changing the the fopr noprint so therefore whatever existing setbacks were there before they will continue to exist even if nonconform that's right I'll touch on the uh the east side we faing the driveway um really there's aside from new siding um new windows there's no physical work foros uh along the driveway side or the east side of the building we flip to the west side of the building um that would be the right side of the photo image that uh we had provided earlier um that is where we are looking to extend a new deck from the new kitchen on the first floor provides some outdoor space below the existing second floor deck so it would match the footprint of the existing de cover that's there but it would be approximately 26 in above below the upper deck that is the extent of additional work we've done on the west side I want to emphasize that so if you go down to the photograph from the left hand side uh the deck is already existing and and if there is a step back variance that is already pre-existing that's correct and all that is being proposed is to duplicate the deck but now on the ground that's correct and in the photo you can see the existing deck elevated in the proposed photo simulation you still see the existing deck it's a little hard to see with the landscaping again but you see the railing and the new deck below it again follows the same footprint as does that does that affect the no it does not and it doesn't Beyond that's no that's really the extent of the work that's being proposed that de you just spoke was the footage of that I have 324 both they're both the same upper is actually a little bit larger and I'll explain I'll expl or the one in front of the house the West Side what I was going so the new first floor deck that's being proposed is approxim 234 23 I have 324 it's 26 ft long and it is it comes out 8 ft 262 ft long 26.5 and then there's a small section here that only wraps the corner 2 that's where it's not the same as the FL measur I measuring second FL two mirror each other exactly so they don't quite mirror each other because on the first floor there's a set of bco doors that access the face so that the new deck fall short of the bco doors to provide that access I want to ask you a question FL propos deck is that cover your grass area uh partial grass and partial uh SL so we're losing some impervious area on the first floor that is correct I want to offset that if there's some concrete uh walkway in the back of the house there is and have you estimated that to be about approximately 15050 about three sare ft of some square footage that we could get back currently what's being proposed is a net increase of 18 square ft of coverage that's what I want to do I want to explain that I I'm sented to the fact that the boards are concerned about adding areas that are not Pur so if we're going to air 212 ft if the board was so inclined to approve this application will the applicant consider removing the to offet that that area yes definitely and we can highlight the U if we can pull up the side plan we can highlight where sidewalk there on theide that you want to for theit no everything else outside beond what we discuss is existing there's no other modifications question just to get to the upstairs unit the one bedroom you drive that would be that's the entr and I'm going to have this Corin address this but uh significantly the variances almost all of them are there existing preexisting that's right pre-existing nonconform that's right so we're not necessarily add just retaining that's corre all right you guys lost for a hot second so help me the only ad that you're doing is the bottom deck porch whatever we want to call it correct beyond the footprint of the house yes is there's two decks the front porch right to address the street correct and the one on the side that we just talked about here that is below the second got it so you're walking into this with the max coverage correct at 60% is that how that's uh I have to look at the S okay and what you're proposing to bring in from the current math of 6 to 74.1% I have to look I don't remember the numbers Mark is here sorry could I think the existing is like 73% thank CU that is not on here but we had the same concern so they're allowed 60 they're already ma allowed 60 they're already at 73 and we're asking for and they're adding 18 square fet because of the configuration of the grp over top of the front door got it really only 18 sare ft that they're had correct and brought it to 74 right but we do have the option to remove 153 ft to help right and I will represent to the board if so in F the applicant would be happy to remove that I heard I just was trying to I just want you know we're not looking to push the application to this extreme if we know that there's a balance thank you but we still is technically three own property three dwelling units on the property right two structures but nothing has that that condition will remain I and based on the definition there is no expansion of width height livable space it's all remain and you're not changing the amount of bedrooms correct same number of we said it's seven bedrooms or six because I think again it's a total of seven there was a typo that's we that's what we talking about okay the pictures sub to get to the back house you walk the drive driveway Drive about upstairs unit or the rear the driveway is on the east side of the uh on the left side of the okays istion um from the house of the property line ft and the ballards are approximately a fo and a half off the wall they're protecting the gas gas can I something out I know that a increase in the square footage that we're talking about but I want you to appreciate the front porch if you take a look at the before and you have picture there's already like a little wooden and what's being added is a protective cover which is something that Mr Mino commented upon it does increase the size but I want you to give consideration for the location and the purpose of that area then when you take the back new bottom deck will set that against the willingness to give up some area I would suggest I will it's imbalanced no aesthetically it's it's a fast Improvement that front porch that oh I would hate for the application's going to be denied it shouldn't be denied because a with a and so I'm trying to say right away the the applicant has no and I I Shar not sure he's happy with me now but I'm telling you I told him that there had to be a balance and if you want that front deck to consider it but you got to give something El to I appreciate but you know is existing with that side TW story deck that right on the line B that's pretty fugly and I appreciate your athletic defense yes it was but but the problem is right on R the property line WRA around to the back and it's also in backyard Second Story deck which is for in town and and that's that's another thing if you have a second story deck is prohibited and we have it's going to wrap around and not really expanding it already exists but you're expanding in the sense on the first floor wrapping around like you're just F what what would you like us to do would you take it down oh if you ask me that take take it down and take down the second Flor the second flor de bring into and what about the first floor first floor de you have you can do it on the backyard you can't do side that if I had if I had magic one i' feel good but this this is a two this is a two family house with a college in the back another family and a single family house I don't know when this was converted from a sing this was obviously a single family house at one time I used a look brle I have a feeling this was prated new yeah the main structure was built in 1924 just I believe Cottage was built sometime between 57 and 63 so at that at that point it may have been yeah so we have exist have existing again legacies on that okay we stuck with aesthetically improv yeah because of the buil door access to the basement there's really no way to build a deck out the rear plus it would the first floor unit doesn't extend to the rear wall if you notice the rear the rear of the house for the second floor unit that's where their stare entry is so it really doesn't engage that second that back I'm surpris the neighbors haven't said anything regarding that Second Story porch right on the propy line looking into their into their eyes I'm just curious It's let they here I will we will what is your current parking situation there are three dedicated parking spaces in the back of the property structures who uses those so yeah what's thez of on okay that that's testimony I think we want because you have the front door for the lower level you have the back door for the upper apartment but the upper apartment people aren't going to be parking back there um I I see there's also access to the lower level through that back door as well like a common entry for right so you might need a little testimony on to how that's going to be used I want to go back I the concern is the second floor deck not necessarily the first FL de first FL deck on the um the side of the property that's a problem that's proper you can't have that and you can have it on the back of the house and you have a sec but but ordinance prohibits a second floor deck in the back of a house that's for kind of overriding reason for privacy for the Neighbors you're sitting up there you're looking over in people's backyards it's it's unfair you're putting in an outdoor shower in an appropriate place for you guys now but think about your neighbors who have an outdoor shower that's like useless where that is I live in a situation like that so i' agre with but it's you know it's a you know what I mean like it's a problem so that kind of I what a reduction of the second Flor existing Deb be a consideration theant were to consider we're actually looking to eliminate eliminate second a second floor a dilemma a dilemma it's this let's assume again I don't want I don't want to I don't want to argue suggest I'm coming try to come if all that was happening is that the interior of the house everything would the same ask ask what I want I told you I'm I'm going to give you that's okay answer okay I'm going I'm going to talk to the appli want to make sure that I'm correct if if we would the if we're not going to and we were to remove these sugested areas that are being considered and the app want it to modify the interior of the house not to increase the vure but just to configure them they wouldn't have to come be back for the board all so the second floor deck would be made where it is now you're suggesting that if you want these other things got to do something with the second FL I'm you you aware you're here so we want to buy the Apple that's that's what's all about isn't that we so uh okay so may I have a couple minutes you because if if you're going down that way then you might have to reconfigure the application and I'm going to explain to my what concerns are understand that's why I'm here give me a few minut I I just want to make a comment before they go and talk so they can hear a little bit more um so the if you were to consider redoing the upper debt you have sliding glass doors that have the side of the house so they have to access the debt from the side of the house that's okay so they're going to have to at least have a 3ot wide deck on the side of the house because of the access point you're looking at the second I think you're I'm looking at the second floor so if they redo the deck it's going to have to at least go three feet I think we have an alternate to that oh you do okay I want to make sure that that was spoken up because if the board would consider that need know yeah we have you know we we can the on a way that we could reduce it while providing access and it wouldn't be got it that's that's good I just didn't want you to go in there change my yogur my protein sh my Chee what's your feeling hanging around not I you say need [Music] Chris July let a good [Music] job I don't know what the cross no I i' like to know what hi nice to see you that's what we were just that's actually not a bad idea chair is that what it is 18 the 18 the third just sometimes okay yeah okay this is my fourth meeting this week [Music] so I know I know I was hoping to just start with the owner but all right we give up suggestion we're not recording nobody courtesy next application it's already 93 yeah we need to okay ready ready so I'm going defer to he's got a couple of thoughts you'd like to uh throw out see what kind of reaction you get we're inclined to make some modifications we don't think that those changes are things that we can just address and comment by resolution you're entitled to see what we have but I want him to explain to you what it is that we're thinking about doing we' conferred with course and as well as let me tell you what then I would ask meeting July so so following up from Gerald's quick comment before we uh took a short break uh one thing that we have discussed and considering and I'm going to mark up the exhibit on here just for in discussion of the second second floor deck okay um complete removal is not really something that applicant is is really considering however we could certainly look at a a reduction of the deck where it would be confined by the walls the extent of the building perimeter this is the existing exterior wall this is the existing exterior wall we can remove the deck and confine it to this area and in doing so we would rep a window opening for a door to still permit a smaller roughly 10 by1 deck off the rear the building fly by these two sides um that would eliminate approximately 22 square fet of the existing second floor deck um we would still look to maintain the lower floor deck that's being proposed really because a deck allows you easy access in and out from Kitchen to outside as we all get older it certainly makes it easier rather than considering an existing patio that's currently there and having a build Stoops that walk down to the patio approximately you know 2 and A2 ft so that is one thing that we would like to try to retain um there may be some option in length of deck if if that's a consideration but that's certainly something that we want to try to maintain to have that more direct well I'm not going to say yes or no you know I'm saying we can't I we can't negotiate the changes you're on the right track we're on the right track so what I'm asking to was carry this 18 if that's possible we will get a modified plan board Tim and we come back and keep I think you on right track so is July 18 available well we were just looking at the at the schedule um there are two applications currently scheduled um will be be for and we can't even get through too so the next application we will not finish I should just point out to you that if the case you made the I'll be fly fishing in Montana I won't be I won't be at that application can I ask leave it on for the 18th maybe somebody willj one and we'll wait it out in the meantime you'll have time to take a look at a revised plan that fair enough right so we'll start no fur no further noce thank you make a motion car this application to July 18 was that you all in favor you're [Music] welcome we is he coming up to ask we yeah [Music] [Music] Mr aens please just okay so our next application L which is to reconstruct a second principal structure which had been damag by fire Dennis Mna lock 18ck 21 56 Park Place avenue um Advocates are proposing to reconstruct a fire damage nonconforming structure re for second princi the L front yard setb side yard set back rear yard setb and street parking requirements to thank you chairman board members Mark Ain on behalf of the applicant before I begin Mr ker could just kindly confirm that my service by publication certified mail is adequate May retain jurisdiction accept thank you um chairman board members SM gens on behalf of the applicants Dennis and Roberta MCD I know the hour is late and my goal here is to provide a brief introduction and perhaps a little testimony from Mr MCD as the homeowner for what he experienced probably what is the most unfortunate set of circumstances that could beel or befall any owner that I've seen 40 years they don't have quite the quite the gray hair that that Mr just Stone has but I'm close do my best to close um by way of that brief history chairman board members this application is to restore to the exact same dimensions and use a second residence second principal residence above the two-car garage which existed at this property since the early 1900s so more than 120 years of of two uses at this property unfortunately the second floor of the rear structure was damaged by fire early last year in 2023 the owner's insurance company brought in a licensed contractor who advised the owners that everything was in place to rebuild until it wasn't the owners relied on the license contractor to do the right thing but this did not happen and construction proceeded to the point where the entire second story was restored except for interior sheetrock and final electric pluming in hbac when a stop border was issued needless to say my client was shocked you'll hear his testimony to confirm the veracity of what I've just represented to the board and then we can talk a little bit further about where he thinks we might be able to go we have a planner with us this evening but I don't think it's realistic to begin that planner's testimony so so we'll we'll stipulate to that fors Indulgence if I could just have a few minutes to bring out Mr MC and have him tell tell the tale that he has lived in the last year or so thank you MERS hey Richard good night just wor I'm to tell the truth the whole truth and nothing about the truth ton do good evening Mr McDon um can you advise the board whether you are the owner of the property that's the subject of its application yes I and how long have you we purchased the property in August of 2001 2001 so it's about 23 years or so and when you purchase the property can you describe for the board what the condition of the second building the rear building of the property one that has front on right but the corner of P Parkplace can you describe for the board the condition of the house and whether there were any tenants in when you bought in 2001 when we bought the property in 2001 um we intended to live in the FR house the back apartment two bedroom apartment was rented [Music] had been there for at least 12 years our our purchase uh we did not see any reason not to continue allowing them them to rent um they actually rented the apartment up until May March 19th of 2023 the night of the uh during that period the uh the right actually uh on March 19th of 2023 the pit was out and a fire started all we know from the County Fire Marshal report is that started somewhere in the vity of the dryer acknowled that he had G out and left the dryer just before what happened after the fire sign any the tenants moving out uh after the fire um I contacted steveo the construction gra two days after the fire you Thurs time at least that point did Steve advised me to contact on a bar in the community development office office uh I sent Donna an an email on um March 22nd informing her of the fire and that I had spoken to Steve he advised me to the situation and I asked her what we needed to do to rebuild the apartment first floor gr level was not affected by the fire the second dep level was um she responded immediately saying uh we needed to submit architectural drawings um a survey a zoning application for permit and a $45 fee uh we responded to her and thanking her for that and advised her that it was our intention to re build on the existing footprint of the G you say the footprint you mean above the first floor was unscathed by the fire that's correct yes and can you describe at that time and to the extent it may have changed what the first floor of the I don't want to use the word garage apartment because it's that's not the correct terminology then not to correct you but we're going to call it the rear structure if we could please so what at the time of the fire in March of 2023 and continuing today what's inside the first floor of the rear second the first floor contains a twocc car garage u in the back of that is a utility room where the heating system and hot water tank where the and then there was also a side um porch second level porch no bathroom that first floor no there was no kitchen or cooking facilities and you never least or your predecessor Never released any portion of that for habitation purposes to the tenant that lived there prior to your ownership and right through the fire no the tenant actually had use of the garage he was an ad fisherman probably had 100 fishing calls and he was also a little bit of a um which he would readly acknowledge and so he he had full use the but there was no habitation first no habitation there right so you were advised about you know needing architecturals and needing a zoning permit needing a building permit what happened then I had also in addition to contacting Steve I had contacted the manufacturers our homeowners insurance company they came down on same day in fact March 22nd and when they called said they be coming they said they're bringing a builder with me I assume they were bringing a builder as an advisor as to what could be save what could you know should be removed um they went through the garage apartment when you say that the the New Jersey Manufacturers representative and the Builder Joe Regan of am construction that he brought with at the end of viewing the they recommended that it should be removed down to the subing level of the garage now some walls remained on the second floor after the fire uh yes there were walls that probably could have been salvaged the entire side of the house that the second floor apartment was not damaged but it was constructed In 1902 so it was constructed under I would say less than uh desirable construction standards uh the electric so everything that was in there was 120 years old right was not insulated it was not Cent current code is 2x6 construction not certainly at the end of viewing that um the insurance agent you know at that point said am construction can take care of all of this for you from the demolition of the upper level to its reconstruction uh that same day I got in very quick response pardon me Interruption and did they indicate if a Molly was a licensed contractor at that time yes they did so you you thought that you were dealing with a licensed contractor through the insurance company correct okay they also said that a was one of their most preferred contractors and they strongly encouraged us to hire them we did actually consult with one other um contractor um and he declined to submit a full full bit um so we we did engage inol the construction personally for um we had received a letter from the Construction office saying you need to the pr uh and if not demolish it by June 9 of 202 of 2023 that day a mly construction agreed that they come security they actually had people over there about 4:00 in the afternoon that day they closed up boarded up all the windows and all theu so to your way of thinking Amal had secur it consistent with what was required by the Burrow's official for the best we could determine I also notified Steve who at that time that the building had been secured and he said I'll try and get over there and take a look at it if there's any issues I will let okay and then what happened subsequently a week later after not finding any um other contractors who were interested in submitting a bid and strongly encouraged by our home Insurance New Jersey Manufacturers New Jersey Manufacturers that aalii construction was one of their most preferred contractors who could take care of everything and if there were any issues because of their relationship with our insurer they would have no trouble getting them approved subsequently the week after the fire we we did contract with a M Construction for the Reconstruction of the garage following Don bars you know instructions we went to an architect we met with them several times to draw up the plans for rebuilding the second level of apartment with the same specifications same two bedro um as had previously existed same height because it's on the existing all the previous set requirements still be in so your charge to the architect was design it the way it was so that the contractor can build it the way it was essentially Yes we made minor modifications inside not with regard to try and open it up make it a little more liable space it was constructed with a closed wall with just a small opening between AIT dining into the living room the living room was small the bathroom was small made some tweaks in the sides of those to make moreable but everything else the square footage and everything else exact thank you now did a Molly say to you Mr McDon we expect you to file for the zoning permit and we expect you to follow the building permit no after meeting with the architect a Molly submitted all the specified documents that the building plans the survey the zoning application and the fee so they submitted all of that to waterice so is it fair to say that it was your complete expectation without any exception that a Molly was to get any and all necessary permits zoning constru zoning demolition construction any permit that was required to restore this consistent with the insurance proceeds that were coming your way through New Jersey Manufacturers was the responsibility of the contractor and not you as the owner yes absolutely that was our and then what happened after that well that all of those things were submitted to donar's office I say around the 10th of May um we did not hear anything but Joe rean of a M Construction was talking Don's office he was also talking to steveo's office he called us in mid July and says we're going to remove the upper structure next week when you say he called you Joe Regan of AAL construction said next week we're going to demolish the upper level department and the following week we will start the re um which which they did and so they demolished the garage took them four days to to demolish the upper level they did do a very nice job very carefully not to impect on on the neighbors um the following week they started Framing and through August September October November they framed they put the roof on they sheath the building they put the windows in and they sided the building the end of November um I get a call in the evening from staco asking me what is the status of of the rebuild of theage Department um and I explained to him where we are he says well what do you mean you you you're halfway through construction and you haven't gotten any permits yet I said what what do you mean we haven't gotten any permit yet all of the things were submitted by our contractor and he was responsible for that I said you're saying there's no permits we later and he said no there there aren't any permits have been issued not zoning not building nothing um it turns out that the package as Donar had specified had been submitted in approximately May 10th the end of November her donar's office called Joe Regan of a construction and said you submitted one this is according to Joe Regan you submitted one permit application for Dem Demolition and reconstruction you need to submit a separate application for reconstruction he delivered a separate uh permit application the next day the end of November and donar's office turned around 24 hours and denied reconstruction and at that point what happened with regard to the issuance of the stock work court at that point during that phone conversation with um Steve laso that that evening conversation he he actually dialed in joean from construction and asked Joe how could you proceed without any permits in hand a $64,000 Question and Joe r respons say well he had this arrangement in other towns that he works in and he's a mly construction is based out of Tom's River so uh in Tom's river and other Ocean County towns his exclanation was once he has submitted all of the permits they're okay with him did you find that explanation acceptable I did not neither did St the sack and did you call me shortly thereafter yes we did and did we begin the process for this SP here yes chairman board members that's probably an appropriate time to stop the direct ex telling me just employees fully work stop so you're telling me this is all done yes sir it's closed in it's all done to the point of being closed in um not it's not any interior walls are in position oh no so but it's all closed in and electric plumbing and hbac are roughed in so I have a question sh inspection no I learned that that night on the PA with speed that well if you're that far alone you would have had to have had a shaving inspection that's why I m I only learned that that evening had no inspection on framing or she no as I uh shared in my opening remarks the McDonald's RI on the licensed contractor was recommended by the insurance company they ried as any homeowner would any homeowner who's perhaps not a l use attorney or doesn't have years of experience and it's just a home what was the date that you started this application for variance yeah the application in February in January or February of this year okay Dicker I'm sure will correct me if I February 1 February 1st yes ma'am and then it was it had been incomplete for something minor we you sent us a letter with of explanation yes there was something that yes so um so there were there's no site plan because we were rebuilding in place and I had a conversation with's office to ask his consideration if we could uh perhaps avoid a site plan since we were not proposing any site improvements and we were not adding one square inch to the exterior of the building or doing anything other than what is existed for 120 years that this structure was there that was a conversation I Mr fre so that was the reason for the initial incompleteness but then there was a determination made that no we wouldn't need s plans because we weren't doing anything to the site all we were doing was building the second floor to restore what had been there thinking that the professionals had gotten the permits the way by law they're supposed to do anything done to the garage anything done to the garage well new newage put on because the fire department through theol the whole comple of this application change not what it appear to be so understood so with with that um I'm grateful the chairman board members for the opportunity to have Mr McDon testify as difficult as that has been to in this chapter but you can understand that to my way of thinking I'm practicing a lot 40 years the McDon have been very d once they learn the predicament that they were in they immediately sought Council I've advised them since the beginning of this year and this is how we find ourselves here you know on on this that you need I know you're asking a question there it's but it's a legitimate question and reality is what can we do there's nothing there's nothing for us to question I guarantee you we're all think the same thing tear it down and turn it into a single family performing structure that's all built it's all done and everybody's got a little finger in this di you know every little bit everybody's implicit here the town in a sense insurance company I guess no mask box doesn't matter uh it's you know it's you know I'm just saying in this a m whatever there's a whole bunch of incom here that here are sitting here telling us this tail wo and what we supposed to do say rip it down now like what more testimony is is going to change not start change you have a planner he going tell us this is here 1902 but the end of the day it's you got You' already buil just going to just wasting your time our time if you'd like his proofs I could put his proofs on briefly you don't you need them CL proofs in a sense that we are that we so the the the use with the fire the use the second residential use of the property right ended so if we're restoring that technically you need a VAR I'm sure Mr with right it's non performing all the way around right so that's a that's why I asked right so so but but at the end of the day yes chairman we would be restoring something that existed identically for the last 120 years yes that's the takeway right get down that path basically saying know take it down start there's no I that's something that's PR I don't know so that's up to the board to decide and I think that would be pretty harsh result I agree har result that being said I think for the protection of the applicant proofs have to be put in okay so let's go to the motion next next meeting get and I agree I I I would never give up the chance to put proofs in where proof should be then the just I think that's that's the reason and have we've been in these situation before and it's for everybody right if there's any type of legal challenge they need to have the appropriate right sounds like a recourse against somebody here and it's probably a little late that's why I was saying to my only suggestion would be Mr MCD has testify we don't know if he has a need for him to testify next meeting so I would suggest we open up the public for any questions of Mr mcdna just to close that all right make questions yeah I do Thomas J 612 thir Avenue U Mr MC yes um did you increase the floor area of this property NOA did you see the so it is what was previously there in the floor area that you have corre are you familiar with ordinance 45012 item B1 okay thanks so I'm rise yes I'm I'm you I think that's going to be part right that would be the planner's case yeah yeah butes well I I would I would ask Mr go and that he defer any any questions with regard to the Burrow's code particular the zoning to my planner who properly prep to address thank you want resit that next time oh sure I'll take any other questions any other questions questions motion to carry to July 18th no further notice motion are Carri to July 18th second second ladies and gentlemen thank you for your time everyone enjoy this start Sumer I thought he was being excused that's why [Music] we good night all I'm g go back to my office I