e e e e e e e e e e e e e e e e e e e e e e Township of vedis Zing Board of adjustment special meeting of May 21st 2024 is now in session adequate notice of this meeting as required by the open public meetings Act of 1975 has been published by the annual notice published in the home news and Tribune on December 18th 2023 as posted the main lobby Municipal complex on December 18th 2023 please join me in the pledge of allegiance to the flag to the flag of the United States of America and to the for it stands Nation indivisible and jusice for all Madam Secretary roll call please Mr Bell here Miss Shaw here Mr aat here here Mr chabra here Mr Sero here Mr Baron here Mr D here Mr sadaha here Vice chair o' Gorman here and chairman Kumba here Madam Secretary do we have minutes for consideration yes we do May 14th 2024 minutes for approval what's the board's pleasure motion to approve second motion made by Vice chairman o Gorman second by Mr sedada roll call please Mr Sero yes in the motion Mr Cher yes to the motion Mr Patel oh sorry Mr uh sadaha yes Vice chair o Gorman yes on a motion and chairman Kumba yes on the motion mam secretary resolutions to be adopted resolution Z1 2024 460 planfield AV for approval motion to approve second motion made by Vice chairman ogorman second by Mr sedada roll call please Mr chabra yes the motion Mr Brown yes on the motion Mr D yes on the motion Mr sadaha yes on the motion Vice chair o Gorman yes on a motion and chairman Kumba yes on the motion thank you Madam Secretary uh we have two announcements K z45 2023 Joanna Lopez at 2037 Woodbridge Avenue will not be heard this evening uh there was improper noticing and Reen notice is required secondly K z36 2022 tivid Lane llc at 14 to 132 tivid Lane East an adjournment has been requested by the applicant no new new date is provided at this time and new notice will be required good evening ladies and gentlemen this is a special meeting of the township of Edison Zoning Board of adjustment the board is composed of Edison Township residents appointed by the municipal Council who volunteer their time and service to the board the mpal land use Law requires that members successfully complete a land use training course administered by the New Jersey Department of Community Affairs board also holds in-house training conducted by our board professionals the zoning board abides by the provisions of the missal land use law in addition to our board's bylaws the zoning board is a quasi judicial land use board which differs from the township planning board under the municipal land use law board members are required to be impartial and are not allowed to discuss any case prior to its consideration before the board at a hearing all applicants will have the opportunity to present their case before the board with the opportunity for board members and board professionals to question the applicant and their Witnesses at the conclusion of the applicants presentation of their case the case will be open to the public residents within 200 ft of the subject property will be heard followed by residents from outside of 200 ft all residents will be sworn in they'll provide their name and address and they'll be given six minutes to comment on the application being considered without the opportunity for rebuttal residents may ask questions of the applicant the applicants professionals and board professionals the board request that these questions are asked prior to any commentary being made on the application once commentary Begins the residents timer will begin the applicant will be allowed for the opportunity for gross examination of their Witnesses under the law the chair is allowed to stop any commentary which is repetitive or is an attempt to fill Buster the board further the chair is allowed to stop any commentary that is irrelevant to the case or prohibited from the board's consideration once a public portion is closed all public comment is ended unless new testimony is presented by the applicant following the closure of the public portion the applicant will have the right of summation on their application following summation the case will go to the board for decision this procedure has been followed by the board and is similar to the procedures followed by Boards of adjustment Statewide the M land use Law requires the board to engage in a balancing act is not required to strictly apply Township ordinances zoning plan or master plan as a board of adjustment variances are variances are granted when appropriately necessary following all legal considerations as has been the case with prior boards this board will see where we're at if we are in session around 10 p.m. I'm sorry excuse me 10:30 p.m. I ask that the applicants professionals and residents show respect to each other and be civil throughout all proceedings I ask that you withhold Applause booing or interrupting of anyone while they are speaking the chair will not tolerate any Outburst by applicants professionals or the public further since most cases are being recorded by a court reporter I ask that speakers do not speak over one another Madam Secretary first case on the agenda please case Z5 2023 Juan Grana at 30 35 Mary Ellen Drive applicant is proposing bulk variances to construct a sun room over the existing paved patio and seeking approval of two existing accessory sheds to remain the following standards have not been met maximum impervious coverage required is 30% proposed is 48% side yard required is 10 ft proposed is 2 feet rear yard requirement is 10t proposed is 2T affected property is located in the ra Zone designated as block number 410 four Lot number four on the Edison Township tax map all noticing paperwork is in order is the applicant here okay you could just have a see at the table please good evening Mr G would you raise your right hand do you solemly swear or affirm to tell the truth the whole truth nothing but the truth to help you got I do and please State your full name for the record uh my name is Juan Gana 35 Mariel and driveing Edison good evening um if you would like to tell us what you'd like to do and why you'd like to do it okay uh we um are looking to put a uh sun room above the existing patio um the main reason is uh you know we uh we merge two families and we um as as some of you children know um the older they get the less they want to come home to their parents so we're trying to make the house as uh appealing as possible for them to come to Christmas in H allay is so we're trying to build a sun room where we can um uh do that you know we've already uh did a construction this past year to add an extra bedroom above the garage so we can provide our another bedroom for our grown children who are married and so they can stay over and enjoy the time with them um and we did the we did the pool so the house could be the Hub of the family that's what you know we wanted to do to make sure that everybody you know came back home to us to uh you know to enjoy the house and when we did that uh the contractor uh did the papers uh when we first when I first bought the house back in 2005 uh my parents lived right across the street from uh where I bought because um I got divorced in 2002 uh I found a house across the street from my parents bought that house but the backyard was very sloped uh it wasn't very usable uh to a to a grow a family so we um uh lowered uh the the front we made our retaining wall uh we made another area above it so we can uh use use the area and uh leveled out the back area so it can be useful for for the family and we're just uh want to build a a patio over the sun room over the existing patio so we're not adding any more to the imperious coverage we just want to be able to build over the existing patio okay thank you does the board have any questions for Mr Grana yes Mr chairman Mr D so the the sun room is sitting directly on the patio or you it is sitting on a raise elevated uh deck uh the contractor's here and that he be he can he can answer that question but there there's no patio right now we're obviously asking permission to be able to build a patio I mean the sun room over the existing patio I get it your building is your your um I don't have any saxs in here but your um the house floor main floor is about the ground level right 2 3 4et probably our house is on a slab so it'll be you know there we we have the slab or we have our dining area and then we have the outside patio which is even with the it's not raised it's even with the uh existing house and we're just going to build on there so we can go from like the kitchen area right into the the sun same level and you can go up level so it is going to be raised yes you have the um I mean it's going to be I mean it's not going to be erased I mean the floor is going to be at the same level as the existing house and obviously we're going to have you know um walls there going to be a lot of Windows and uh fireplace in there for for us so I don't know how your the uh backyard is draining now you don't want to obstruct the water and you have flood situation by putting this uh uh um floor deck some right over the Pao just want to make sure we have uh drainage uh that's included in the in the existing plan um so that will take care of that and it's going to be a condition space right you will have heat AC everything in the sun room that's correct okay thank you Mr chair thank you m d any other questions for Mr Grana okay see none do you have any other Witnesses uh yeah I'd like to call up our engineer please okay should I stay here or should I sit somewhere you can stay there in case other questions come up thank you there would you raise your right hand do you Solly swear orir to tell the whole truth nothing but the truth to help you God I and please State your full name for the record Robert muray I think if you just may double check make sure that microphone's on it's working there we go can you say your name for the record again please Robert Murray Swan okay and if you just please give us a summary of your qualifications yes I have testified in many boards in midle sex County including both boards in the township of Edison I have a civil engineering degree from Stevens Institute of Technology from 2017 and I've been a licensed engineer for three years now and your license are current in good standing yes great we'll accept you you may proceed okay um our office has submitted an existing condition plan of the site which includes cludes the existing conditions along with the proposed sun room a site visit was conducted by our office to confirm that the items in the existing condition plan are on are existing as shown uh we have confirmed the property better known S35 Mary Ellen Drive is Lot 4 of block 410- D in the township of Edison the property is approximately 22,000 Square ft and is located in the ra Zone the applicant seeks to provide a 825 squ ft sunroof addition that is completely on the Pao and will not uh will not add impervious coverage to the site the site also has two existing swes along the sides of the property to adequately convey storm water from the rear of the property to Mar Allen Avenue or excuse me Mary Allen Drive the applicant is seeking bulk variants for the side and rear yard for the two sheds for the accessory uses where two feet exists where 10 is required and for the impervious impervious cover CS where 30 is the maximum percent where 48 is provided and this concludes my testimony on the existing conditions and if there aren't any questions for me I would like to call upon the architect we're gonna that's not your job to do we're gonna you're going to be open for questions first and then we go to the architect cor does the board have any questions Mr Murray Mr chairman Vice chairman what's the justification for going two feet why don't you just comply with for the U zoning of 10 ft for the sheds um this these sheds are existing um it require improve U movement but this is something that the planner can talk about okay board have any other questions for Mr Murray okay see n I'd like to call up the our architect please thank you Mr BR chair is there sit here my so if you want to take the um take the microphone from there and just bring it over to the board that's fine so the um our attorney will swear you in raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the trth S you got and please that's not on hello there you go you're good please State your full name Antonio scales s c a l i s e Mr scales if you could just give us say summary of your background and qualifications please sure uh I'm a licensed architect in New York New Jersey Pennsylvania um I have been in an architect since 2005 licens in 2005 um and I've been before many boards I haven't had the pleasure of going before this board and I'm the chairman of the planning board in my town of West Longridge We won't to hold that against you but uh it's your first time here so hopefully it's a good experience uh and your license are current in a good stand yes sir all right so we'll accept you may proceed thank you bring this over so the uh the project came to us where our client was looking to design a sun room you could call it a a pool house almost to provide some amenity spaces towards uh the pool area and we created an approximately 32x 26 sun room which you can see in this area here this this rectangle if you can see my highlight here is the existing home and then towards the back of the property we created this sun room which is over the existing deck I think there was a question about where the height of it is um if you look on my page hold on if you look on page a202 it's uh the rear elevation drawing number one you can see that the addition is kind of low Mr we're just going to stop you um so we do not have a copy of that so we're just going to have to mark it into evidence oh I'm sorry I didn't know that it's basic floor plans and elevations okay so our attorney has it well I might this looks like it um it's I think it was in a prior it was previously scheduled maybe that's why it's not in the packet I have my old packet that's probably why okay um and this is it's by parallel architecture group yes okay and it's consisting of four pages right yes okay so I'm not going to mark it but um I think you might want to give the board a moment to look at what I have sure would it help to pass this board closer no no okay just hang on to it [Music] the this Mr scal what's the date on that plan on those I have January 29th 2024 and that's the last last revised date January 20th 202 29 29 yes so what he is June 20 is there a revision date on the one that you have up there no that's the date of that they Reed they received it yeah that's not the date of the actual if you don't have one that says June 20th 2022 is that June 20 2022 as well can I just see that yes it is yes okay so the last set of plans we have are June 20th 2022 oh the last set of plans that we have are dated June 20th 2022 and that when you're saying is January 29th 2024 four yes don't have them okay no one has them but I don't know that anything is different I'm not sure what you have before you but this rear addition is the same but the problem is that the board should have exactly what you're looking at and testifying to so that they can review it I I understand I don't know how yeah because we had uh sub submitted our our application before but we had to uh with withdraw it and that was part of the plan that was uh that was supposed to be in in November but nothing's changed changed you know in in in our request Mr scalise if you could do me a favor and take a look at the plans that I have that were part of an older packet the ones that I have that are dated June 20th 2022 and compare them to yours I just want you to certify for the record there are no changes so sure take this one okay thank you if you want to take uh you need a few minutes take a few minutes okay all right so we're going to take a five minute recess e e e e e e the board will return the session Mr s Mr chairman I would like to clarify that what I'm presenting to is dated June 20th 2022 which should reflect what you have in before you thank you make again if we can go to page a202 which is the last page I just wanted to reference the rear elevation and I kind of wanted to show that the addition is kind of low it's only a one-story element it is 11' 92 high and it's essentially a rear covered area that of course they're using as a sun room as well that's that's really my testimony unless there's any questions of course do board have any questions for Mr s see you left them speechless all right thank you very much Bo I'd like to call my uh planner Jim Higgins please you solemnly swear or affirm to tell the whole truth nothing but the truths of help you got I do and just State your full name for the record please James W Higgins hi GG i ns Mr my office is at 14 Tilton Drive in Ocean New Jersey I am a license planner in the state my license is current and I have testified before this board and the planning board in Edison on numerous occasions in the past we'll accept you as a credentials thank you so much you may proceed um basically there I'm here to really talk about the variances and there are variances first of all for the setbacks of the sheds and then a variance for coverage lot coverage of building and pavement and I I think that's that's an important distinction because your ordinance doesn't say impervious lot coverage it says coverage of buildings and pavement uh the with regard to The Sheds one of the board members question questioned that and I questioned that also and then in Walking the site I realized first of all this is a very difficult site it's 220 ft deep it's 100 feet wide so it's deep and narrow and it has roughly an 8% slope from the rear of the house up to the rear of the site and the applicant realized he couldn't use that area very much for much of anything so he tered it uh the two sheds the one shed is adjacent to the side property line as you're facing in the rear of the site to the right and it's within 2 ft of the fence that's around the site what's directly opposite on the other side of the fence is a very very heavy uh planted area that's a buffer area between the applicant's property and the adjacent property uh so that the people on the adjacent property can't even see the shed that that buffer area the plants extend up above the height the top of the shed considerably and and it makes a lot more sense from a Planning and Zoning standpoint to move the shed closer to the fence rather than have a 10-ft area between the fence and the shed that becomes basically a no man's land it's hard to maintain it could be used to store things and just become an area for storing things that aren't necessarily used on the site so it makes more sense to have that shed be closer to the fence have an area wide enough for maintenance of the back of the shed but not have an area that can become a nuisance area which it really would be if it was 10 feet wide and also it allows the grassed area that's on the other on the front of the shed to be much more usable and much more efficient use of the land so I think what what was done there is a it makes sense makes absolute sense from a Planning and Zoning standpoint and I think that the zoning Alternatives the planning alternatives are much better by doing that than having that 10-ft area between the sh in the fence when you can't even see the shed from surrounding properties the little shed at the rear of the property it's a similar situation where you can't see the shed bre Le from the adjacent property to the rear and it makes more sense to have that shed be closer to the fence also to the two foot um that shed would be easy to move 10 feet but I don't know if it would accomplish anything uh the other variance that's necessary is the variance for impervious or not for impervious but for uh pavement and building coverage the ordinance permits 30% the application says 48% but it appears to include the surface of the pool which isn't pavement if you take the surface of the pool out it brings it down to about 44% uh the purpose for having uh a limitation on pavement and building which is essentially impervious surface that can't drain directly into the the ground is first of all drainage to have adequate drainage and first of all you've heard the engineer talk tonight about the application the way the site functions and the drainage is adequate but more importantly when you look at the type of pavement that's on the site it's primarily decorative pavers with spaces between the pavers so while it is paved surface it's paved surface that allows percolation through the pavers and in fact one of the areas of the site is a level this part of the terracing of the rear of the site it's a level area that's covered with the decorative pavers and that area actually pretty much functions as a detention type Basin during heavy rains because it holds the water there and it seeps down through the through the pavement um the other purpose of having the limiting the coverage of building and pavement is Aesthetics and this site the rear of this site where you have most of the paav surfaces is absolutely very very attractive it has substantial benefits in terms of Aesthetics first of all particularly when you're looking at it from the site from the buildings from from the rear of the site and furthermore you can't see it very much from surrounding properties because of the topography and the fening so there's no real detriment to having that paved area the way it is having that amount of of paved surfaces so when I look at this I think that there are substantial benefits in terms of Aesthetics in particular with the rear of the site in terms of the function of the rear of the site one of the purposes of the land use law is to have adequate area for a variety of uses including recreational uses and you've heard the applicant talk about the fact that the whole purpose of doing what he did in the rear of the site is to have a recreation area for his extended family when they come over so I think that advances that purpose of the municipal land use law I think the purpose of the municipal land use law with regard to providing desirable visual environment is also Advanced so when I look at that I think that there are substantial benefits to the granting of the variances as requested and I don't see any substantial negative impacts does the board have any questions Mr Higgins Mr chair I do have a question Mr ch um Mr Higgins um so to my understanding there's three variances being applied say it again there's three total variances that are being requested there's three three total variances yes okay do we have anything on the sheds that you talked about that you mentioned do we have any pictures not pictures do we have any um blueprints sketches Dimensions the dimensions are on the site plan that that was submitted the the existing conditions plan that was submitted there's no dimensions on here what okay it's it's shown there it's not may not be the mentions may not be written out but the size of it in comparison to the lot is shown there the dimensions are not I was I was under the impression the athlete was going to be bringing pictures and I don't think he understood he has pictures on his iPhone I don't think he understood they had to be printed out and shown to the board so my only concern is this um we're requesting for three the part's requesting for three variances one is the patio which we clearly see but the other two variances that are on the table here for the shed yes yes um we don't have clear diagrams pictures no you don't any kind of say on what is I don't know the dimensions of the the larger of the two sheds matches the house it's it's a very attractive shed but but again it's not visible from off site it's it's screened from offsite you can't even see it from the road it's it's it's way at the rear of the site and because of the Topography of the site it's not visible but it is a very attractive shed so I would personally request that I would be able to see these two variants on a drawing or such before I would feel comfortable voting okay that's that's that's a fair request we did provide pictures of the back of the house and uh you should be able to see the shed on the on the on the right side I see it I see it's relatively new shed but I just again I don't if I if I don't know the dimensions of it I understand it's 2 feet away and I see there's a shed the size of the fence there's nothing more um when there's a patio that's one variance but we see clear Dimensions we see the size of it we see what's going to be inside it see there's a powder room inside there's a bathroom that's being added likewise I would say I would like to see plans or some kind of sketch for those two sheds okay I mean yeah I mean we obviously we'll be we'll be able to we can provide that yeah sorry sorry you were asking that the applicant come back again or I just that was just a request Mr Cher if that's your that's your request I stand by my board members okay Mr chairman Vice chairman yes I would agree I mean we need to know what the dimensions of that shed is all right and also I'm still not clear why you went to two feet why it's not 10 feet the the two feet I think is is a better alternative because if you have the 10 feet first of all it becomes an area between the fence and the shed that has no purpose other than the fact it's going to be a maintenance problem it's going to be an area where things are going to be stored that aren't necessarily usable on the site maybe some excess Stones some some excess wood or something like that and it's becomes a maintenance problem but more importantly the whole purpose of having the 10-ft setback is to not have a visual impact from the shed on adjacent properties and that adjacent property has a very very heavy and a high vegetative screen you can't see that that shed from the adjacent property the the screen actually goes up about five or six fet above the top of the shed so there's there's really no point in setting the shed 10 feet off the property line when it can't be seen from the adjacent properties it has no impact on them thank you Mr chairman m d so you have two sets that they are existing set yes and what's the purpose you're using both of them what's happening big one what's happening small one just storage for you know patio furniture um blow up stuff uh now we have our mother-in-law living with us you know after her husband passed away so you know we have some of her uh uh some of the furniture in there some uh um containers uh bicycles um you know games that we use uh the when the family comes over you know like cornhole and you know things like that that's where we keep you know all of that and the and and the pool equip so you are adding such a large sun room almost on addon to the house are you able to are you willing to just get it with the small set and just use the big one I mean we can do that if uh you know if the I mean that that that in the other shed we have like all the you know the the lwn mower the the snowblower and stuff like that but I mean if that's what the board would uh would want I mean we can definitely uh FL be obviously absolutely be flexible to that all right where are these sheds now they are not at this location now right you're moving it to this location 2 ft from the property line correct they're I mean they're they're existing so they're already there there same place yeah I mean two away from the property line that's where they are now the sheds are existing yeah um and uh but like Mr Higgins said I mean there is a ton of trees behind the shed we we have a vinyl fence that's 6' tall around the property um so that it really can't be seen there's a a lot of large growth of trees behind the the that covers the entire shed uh so I mean the shed can't be seen by by our neighbors this shed has its own floor right if you need to move it can be moved correct um yeah but I mean that would that would kind of defeat the purpose of all the improvements that we made to to the house I mean we that would take away 10 feet of the usable space that we can you know have you know in the the grassy area you like Mr Higgin said it becomes a an issue of Aesthetics you know having something that far away from the from from the fence so it's kind of like a dead area behind there uh we're not hurting our neighbors because they can't see the shed at all and uh it really improves our quality of life because it allows us to uh store things that we need that that we need stored um so you know when we bought the house and you know it was we we put a lot of uh love and effort into the house you know we love Edison we love being here um and having the fence there it's just much more useful than having it 10et 10 feet away since we're not hurting our neighbors it it's a pretty large shed as as an accessory to the house plus we 22,000 sare ft lot you just move it little further away from the property line it's not going to kill you just for this application I need something to give back while you're adding the sunro me I'd rather give something else back than that cuz that would really alter alter um you know the way that the entire backyard works I think it's going to be make it make it a lot less attractive I mean we've we've uh we Ed aluminum siding to match the house so so it looks pretty uh we've done you know what I think is a a really good job if you see the picture of our backyard you know it's it's you know I I think it's pretty attractive and to move that shed out 10 feet um can you can you scale that and send tell me the size of the size of the the set the shed is I've been advised by the architect the shed is 10 ft by 34t so it's 10 ft Deep by 34t long about 340 Square ft that's and it's about it's from 10 to 12 feet high and the small one the small one I uh my architect is asking me how much would you allow me to move it if not if not the 10 feet you know how much would would it please the board you know to to move it to uh to be flexible because you know we do want to be flexible what's the size of this small set 6 and2 by 6 and A2 and how much you want you willing to move so we we had a an issue where our neighbor you put a put a shed up and you know I wanted to you know call up the town to make sure that you know everything was copesthetic and they told me that that I could get a shed permit and I had a three-foot set back I mean when I called Edison and asked you know we were talking about a shed permit and a shed permit is three feet it's not 10 feet that's what I was told by by somebody in Edison Mr that is I don't know who told you that but that's not the truth okay in your Zone it's 10 foot set back side and rear R A RB is 3 feet rbb is five our a is 10 our AA is 20 okay our neighbors right next door us put a shed that's you know that we can see from our house every day okay I'll take a right out there and take a look at it I don't want to getting him in trouble but you know I mean honestly I called up when they put it that close and I talk to somebody it's like Yeah The Shed shed per minut is you know can be three feet so yeah it can be if you're in RV zone or you're in the ra Zone oh Mr a since you have the microphone is there any limit on what the size of shed can be I mean this seems like a fair Fairly large shed there's no it's a b it's a big shed it's going to be a tough tough uh Heist to move that over but uh no there is no Li again how much you are willing to move that was my question move it at to 5T and what's the what's at the base of the shed is it is it it's it's on the grass it's uh it no it has U railroad ties and it's a gravel okay okay so we would have to we would have to like do an entire New Foundation for it you know at a considerable cost so listen so you just you just made me rest easier because if it was on grass and you're two feet away from the property line that that has no drainage system so the roof leader comes down and the water just goes there and you're going to be literally you'd be two draining two feet off of your neighbor's property so the fact that you that you're telling me that you have those railroad ties and the stone makes me feel better because then the water has a place to go so that's you answered the correct answer thank you I appreciate it thank you Mr chair thank you Mr D any other questions hey Mr chairman chairman so I'm not clear on this impervious it's 48% is that is this was this approved prior to this pool and and the pavers or you just put it in no I mean that was you know we had a permit and the inspector came out and you know it was it was approved I mean we we pass inspection all right thank you and I just had one more question so Mr Higgins you had stated that the impervious was at 44 if you include the pool if you don't include the pool okay okay all right Mr chair ask a question absolutely Mr I uh when did you get the permit for the uh pool uh 2011 2011 yeah and was that with the patio as well yeah I mean they they came out to inspect everything I mean it was Anthony Silva and pools that that did it but our inspectors came out to look at it inspect it as far as I know yeah okay but you do have a permit from from Edison Township zoning department from 2011 yeah for uh might have been early earlier okay okay that's all right I'm sorry that's all right yeah it was yeah that's when we had the pool done like 2010 2011 something like that but okay they didn't come out they didn't insect everything so I mean yeah okay all right okay thank you honestly I didn't realize that there was anything wrong until we applied for these permits and and we got denied I mean I had no idea that that we were not in where we're supposed to be yes sir so in reference to the permit from 200 you have the construction Department approval it was all passed yeah it was me and I I don't know if we have the paperwork anymore but you know mean I haven't heard anything about it since then and you know they passed all you know we were told by the pool company that all inspections were done and everything was fine me I'm sure that I mean because I mean they had to come in and then check the electrical and and all that too so okay yes so I wasn't here at that point in time but um if were checking the electrical and the plumbing came out and sounds like they got permits you know okay all right so you have anything else to add you know we we love being in medison you know I you when my when when my wife divorced me you know I bought the house right in front of my parents you know my mom still lives right across the street from me and uh all we want to do is just make a beautiful place for our family to come and enjoy and uh you know keep our our Elder kids that are you know out on their own and they're like two hours away you know for them to come over and uh and and sleep over you know we just put an addition on the house put another bedroom so they they could do that and you know we're you know trying to be you know they're trying to do the right thing you know and uh we're not trying to get away with anything We're just trying to make that our house as uh as as beautiful as possible as useful as possible and just be a a good addition to the town of ver all right okay that mean you know I'd be happy to remove the smaller shed that uh helps okay so that would be a condition if so approved okay anyone else on the board okay all right do you that concludes your case yes sir great so we'll now go out to the public uh anyone within 200 feet of subject property wanting to be heard if you're within 200 feet of subject property you received a notice via certified mail seeing none anyone outside 200 feet of subject property want to be heard seeing none can I get a motion to close public portion motion to close public portion second motion made by Vice chairman o Gorman second by Mr sedata all in favor signify by saying I I oose nay the eyes have it public portion is now closed and I'll go to the board for decision all right uh Mr chairman I make a motion to approve this applications this is a DI Minimus request it is not detriment to the neighborhood with two conditions that applicant agreed to get rid of 6 6 and2 by 6 and2 existing small small said and the big said 20 foot by 34t said would be moved 5T away from property lines from both both property lines back and aside Mr chairman Vice chairman and I'd like to add that the um the provide condition would be that you provide the uh certificate of approval or the certificate of occupancy for the pool work from the permit from 2011 for the zoning and the uh Construction and permit do you second the motion addition second the motion all right motion made by Mr dve second by Vice chairman o Gorman roll call please guys I have I have a question 're we're on roll call Sor Mr Sero yes on the motion Mr chabra no to the motion Mr Baron yes on the motion Mr D yes on the motion Mr sadaha yes on a motion Vice chair o' Gorman yes on a motion and chairman Kumba yes on the motion you're approved thank you very much board and I want to appreciate and I want to thank Rachel Ru sh quite a big help getting everything together I appreciate it thank you very much thank you for working with us Madame secretary next case on the agenda please case number Z6 2024 Goldberg Builders LLC 2076 woodv applicant is seeking bulk and use variances to propose a two-story multi-use building IAL and residential the following standards have not been met Max F permitted is 3% proposed is 42% Max lot coverage permitted is 65% proposed to 71.1% minimum front yard required is 25 ft proposed is 0 feet affected property is located in the os2 zone designated as block number 346 slot number 2.02 on the Edison Township tax map all noticing paperwork is in order good evening good evening my name is Thomas roselli from the law firm roselli and roselli I am here on behalf of Larry Sachs who is the attorney of record unfortunately he couldn't make it tonight uh I am representing uh as you have heard excuse me Goldberg Builders LLC we're located right here in Edison Edison New Jersey uh as you heard this application is a bifurcated application tonight we are here for the use in bulk variances if the board is gracious enough to grant them either now or in the future we will be back for a site plan approval we are not doing the site plan this evening as you have heard this application is located at 2076 Woodbridge Avenue block 346 lot 2.02 it's in the os2 zone uh currently the property is vacant we are proposing a project for a two-story mixed use building with site improvements and as I said tonight we're dealing with the use and bulk variances uh I have the owner here I expect to be calling two witnesses uh Paul Fletcher who is our engineer and Colleen mcgurk which is our planner uh if it pleases the board I'd like to call Paul Fletcher that objection would you raise your right hand you Solly swear or affirm to tell the whole truth nothing but the truth so help you God yes I do state your full name yes Paul J Fletcher good evening Mr Fletcher um if you could just please give us a brief summary of your background and qualifications please certainly uh I'm a licensed professional engineer and professional planner in the state of New Jersey I'm principal of Fletcher engineering have been for 32 years I've been accepted in front of this board uh the planning board and Edison numerous other boards in middlex Union and Monmouth counties uh on numerous occasions and you're uh requesting to be accepted as both an engineer and a planner no we have a planner okay okay we have a planner Colleen mcer okay so just just as an engineer just as an engineer okay and your engineering uh license is current in good standing yes it is okay then we'll accept you you may proceed thank you thank you Mr Fletcher I know you had an opportunity to visit the site could you please uh give the board the benefit of what you uh saw and what you have prepared certainly uh the subject property it's known commonly as 2076 Woodbridge Avenue Lot 2.02 in Block uh 346 it's on on the uh northwest corner of uh thomasine Street and Woodbridge Avenue uh it's currently a vacant lot is slightly irregular uh it's uh 100 ft deep it varies in width from 64 to 75 ft as a total area of 7,38 square ft and as has been mentioned it's in the os2 zone currently lot is uh is vacant it generally slopes from the the front of the property at at Woodbridge Avenue uh towards the rear uh thomasine street is a is a one-way Street uh going away from Woodbridge Avenue so any traffic uh entering the site would be coming uh south from Woodbridge Avenue uh entering the site and when when leaving the site they would be going again south on thomasine Street uh we have a conceptual layout that the board uh I believe has the applian proposes a two-story multi-use building uh located at the front of the building it would be 30 ft in depth 57 ft in width it would be Set uh right at the property line in the front uh it would have on the facing the building building from Woodbridge Avenue would be 6 ft side yard on the right uh it would be uh 12 fet set back to thomasine street right away excuse me um as has been mentioned this is a bifurcated application we're not here to seek site plan approval at this point but we have got a conceptual parking layout we're we're fully conforming with the parking requirements for the intended use when it comes to the variances I will leave that to our professional planner any questions for our Eng that's my job councel I apologize it's okay does the board have any questions for Mr Fletcher Mr chairman Vice chairman where's the parking going to be located at uh it's going to be located behind the building with access off thomasine Street there'll be a 90° parking from a central aisle uh the aisle will be 24 ft wide and there'll be uh 18 foot deep spots uh at 90° to that center aisle chman okay any other questions Mr Fletcher Mr chairman Mr sedada how many spots of parking are proposing uh we have u a total of of 11 uh one of those is a handicap spot uh two of those are EV uh electric vehicle charging station spots uh so a total of 11 uh actual spots and we have credit for uh the two EV spots giving us a total uh for zoning purposes of 13 spaces okay thank you any other questions Mr Fletcher Mr chairman Vice chairman and there'll be sidewalks installed on yes uh there's a sidewalk along thomasine Street uh and along uh Woodbridge Avenue uh on three uh basically on three sides of the building along the back there'll be a 5 foot wide walk along the thomasine street side there'll be a 5- foot walk uh and both of those adjacent to the building the the 5 foot space the M the existing maadam you you don't know that property that's the next door neighbor in reference to the bike shop between the two buildings correct correct well yes actually we do own that that property our property line goes uh right up to his building so you own that that five that maadam correct okay and and you'll uh comply with Mr Bell's planning report ref we can go through we'll go through Mr Point by Point yes okay all right so this a good opportunity so Mr Bell Mr chairman the uh report requires a few more like a little more information on my questions um first the engineering plan and Arch architectural plans don't match square footage wise I believe the the U one plan says 750 square feet the other one has 855 parking was calculated on the larger number so I have no problem with that but they should correct it um the uh basement that just going to be for storage that should be a condition only Mr chairman agreed okay um what's the office use in each apartment going to be used for because that could easily be converted into a like a bedroom area I don't I know it doesn't have a closet but if the board approves that they should make it a condition so if there's ever a problem down the road they can say no you're not allowed to have a two-bedroom it's a one-bedroom my client would agree to condition uh the offices basically in today's day and age a lot of at home office use rather than going to the offices my client would agree to the condition that they can never be used as bedrooms and I I have no problem that that's fine Mr chairman okay um I I want ask to that the parking for the residential be um be separated from the commercial so that their their dedicated spaces with a signage because rsis requires that you have that parking that would be agreeable okay um any kind of utilities underground things like that should be put underground as much as you can um meters things like that should be out of sight on the building so it's not on the front yard or front of the property so it doesn't show up I did ask for like a like a small bike rack in case um they don't even have cars they want to ride bikes I mean that's something um you know a little more green green so I don't personally have um if they don't put the bike racket on don't have a real problem with that but it would be nice to have that for the residents um since there's no outdoor space that would be agreeable I think be able to flesh that out during the site plan approval yes and then we're the same thing with when you do the site plan you have to show me where the Refuge storage is going to be absolutely all right and then um I don't believe it's a just a traffic statement not a traffic impact statement just something that addresses any kind of traffic out there and making sure you're not um you know causing any additional issues this is very low low volume type of um activity so I don't see it as a major issue and then um like the attorney said in the beginning this is going to require preliminary and and final cine at the end new application if you grant the um use on the bulks that's it Mr chairman thank you Mr Bell Mr Fletcher with regard to point I Mr Bell's report um is there any The Envision um is there going be a dumpster on site to handle the the recycling and trash or it it it's not expected that there would be a dumpster there would be an enclosure with the containers the containers okay okay all right thank you does the board have any other questions for Mr Fletcher seeing none thank you Mr Fletcher sor I may please the board I'd like to call Colleen mcgurk our professional planner evening youly swear or affirm to tell the whole truth nothing but the truth to help you guys yes I do and state your full name for the record Colleen mcer and if you could just please give us a brief summary of your background and qualifications uh yes I'm a license planner my license is current I'm also a member of aicp I received my masters in urban planning from Boston University we won't say what year um the name of my firm is swick stall and mcer Associates my partner left so I'm now the full owner I haven't changed the name yet I've testified before Edison and uh multiple other boards within New Jersey um Piscataway Oldbridge Woodbridge East Brunswick to name a few and your license are current in good standing yes it is okay great you may proceed Mr chairman Mr I only have one objection she went to Boston College and go to ruers it is not only kidding only kidding M mcer if you could give the board uh your take on this application yes thank you um I have reviewed the application the ordinance the 2003 master plan and the 2011 re-exam the site plan by Fletcher engineering dated 1228 23 and visited the site on March 27th the property in question block 346 slot 2.02 at 2076 Woodbridge Avenue contains 7,038 Square ft and is an a regular-shaped property and is located at the intersection of Woodbridge Avenue and thomasine street so tonight we're asking the board to approve this mixed use project for a commercial space and three one-bedroom apartments each use consisting of 750 square ft the first floor would contain the commercial space and Apartment A and the second floor would contain Apartment B and C the property is with within the oc2 Zone office service district and the Zone permits medical dentistry and other Professional Services business offices and Banks single family dwellings are also permitted but a mixed use would be more appropriate for an undersized corner lot on this busy road which is classified as a principal arterial roadway the proposed mixed use is not permitted in this Zone and therefore requires a D1 variance but the location is ideally suited for commercial use and is also appropriate for residential apartment use the commercial use would benefit from the site visibility and driveby traffic while the residential is a good use and since it will provide much needed housing a D Floor VAR floor area ratio variance is also required and there are multiple bulk variances which I will get into later on the 2003 master plan classifies this property for commercial use and the 2011 re-exam is silent on any new recommendations the proposed use is consistent with the master plan goals of keeping well-designed and keeping well-designed anti-sprawl neighborhoods to capitalize on opportunities for redevelopment to be consistent with recommendations in the state development and Redevelopment plan for Metropolitan planning areas to encourage future developments at appropriate locations and intensity and accordance with transportation and environmental capacities and anti-pr initiatives and provide for future growth and development of Edison's rateable base the property is located in a pa1 metropolitan planning area and the mixed use commercial and idential are consistent with the goals of the state plan page 38 of the master plan goals and objectives states provide housing opportunities for all groups family sizes and income levels and continue to encourage diversity in the type and character of available housing promoting an opportunity for varied residential communities the surrounding area uses consist of multiple commercial uses to the north across Woodbridge a is a post office and several Law Offices directly to the West is Rider Education of New Jersey to the east is House of Cars a car dealership and to the South is an open area and a parking lot the parking lot also has driveway access to the Jewish facility which is located two Lots West and is adjacent to the Ryder education commercial building the stated purpose of the os2 zoning district is to provide a reasonable use of land for the non-residential purposes but at the same time maintain a residential presence the relief that is required for a D1 use fa variant must satisfy the positive and negative criteria there are several ways to do this the main point though is that the general welfare would be served because the existing use is particularly suited to the proposed use the proposed commercial would be one of the permitted uses as listed in the Edison ordinance and they are all low intense uses the uses are very limited so a larger commercial space would most likely be difficult to fill a low intense office would be very compatible with residential Apartments also this is an undersized lot and many of the uses would not function well in a small lot such as the medical or dental office therefore combining a small commercial use with residential is a good use of this vacant property also this is an existing vacant lot which according to the sax assessor's office has been vacant since 2011 it was previously an AC and repair and TV repair shop with an apartment above so a similar use to what we were proposing a D4 floor area ratio variance is also required the maximum permitted is 30 whereas we are proposing 48 but the allowable building coverage of 28% is not being exceeded the allowable building coverage is 25% and we are proposing 24.3% with a two story structure two stories are permitted in this Zone if the lot were the minimum required 7,500 Square ft and the building Max of 25% and the building was the permitted two stories then the floor area ratio would be50 we are proposing less than that at0 48 also the permitted first floor building coverage is 1,875 Ft which would only allow the Second Story to be 375 Square ft this would be an inefficient use of space as wood limiting the structure to one story the lot can accommodate this building since we are providing more than the required parking uh we get the credit for the two EV stalls we are meeting the required side and total yard setbacks with 6 feet and 70 ft the only new bulks needed are the front yard setback of 25 ft which is required whereas zero is proposed which for this use on a corner lot is preferable and and historically exists with multiple uses in the area the other variance is for lot coverage but this can be mitigated and the negative impacts reduced or eliminated through good design green techniques and attractive Landscaping I do have a short PowerPoint presentation I know the board received the handout if we wanted to go through that or it could be electronic okay fre you but a little L thing to go I have my laptop yeah Mr B if it's in if you have colored uh renderings I don't believe we need to see a slideshow I the board can easily go follow along is there anything different that's fine no it's just more impressive we we do that with with the telephone and we we use the paper so it's up to you you could you could proceed yeah why waste the paper you guys all have it because they can't see it anyway unless the gentleman in the back won't see it um you know the first image of is just you just bring the microphone closer to you sorry the first image is just of the property itself the vacant lot 2076 Woodbridge Avenue the second picture is just a different view which shows also the adjacent building uh the adjacent lot with the uh existing commercial building and then the property to the rear Woodbridge Avenue which shows a driveway access to the uh Jewish facility that's a front view of Ryder education of New Jersey which is located at 2070 Woodbridge Avenue and it shows it uh with no front yard setback that is uh this is just to show the area that's the rabbi Jacob Joseph School to the West which is adjacent to the writer's education of New Jersey um yeah I think I have the same one but uh the lot behind which shows the rabbi Jacob school that's the card dealership which is directly to the east across thomasine street the post office which is across Woodridge Avenue no front yard set back that is a side view of a mixed use restaurant with apartment above at 2143 Woodbridge Avenue which seems to have a total imper coverage uh chose the parking area and the building right directly on the sidewalk thank you uh there's the mixed use restaurant with apartment above at 2143 Woodbridge Avenue again also no front yard setback there's a mixed use Barber Shop which is located at 2223 Woodbridge Avenue um barber shop on the first floor apartment above there is some distance from the sidewalk but it's all there's a sidewalk with stairs and impervious coverage that's the side view of the barber shop with the apartments another view of the parking area for the barber shop and the apartments that's a mixed use retail with residential above at 2177 Woodbridge Avenue and the side view that's a child care use at 2027 Woodbridge Avenue um no front yard setback and a mixed use restaurant with two apartments above at 2024 Woodbridge Avenue also no front yard setback and it's a corner lot and the last one was just a view of uh two office uses Across The Street Northwest of uh this property on woodb Avenue Mr chairman Mr B yeah I just have one question how many those uh uses that you just gave were permitted I don't believe any of them were permitted in the os2 zone I was just wasn't using that as a way to justify permitted use just showing what's historically in the neighborhood but it is a mixed neighborhood so what what you're proposing really kind of fits in that's what you're saying right yes okay because I don't believe like R uh restaurants or you know things like that are not permitted in there but they're there so they're you know it's close to what there what's out in the in the neighborhood and that goes along actually with my one of my questions was that there are other mixed use there are other mixed use properties in the area yes correct okay yes um and then similarly to um the zero foot setback there are other properties in the area that have zero foot setback yes multiple other properties okay they are older many of them are not permitted in the os2 zone okay all right thank you does the board have uh any questions with regard regard to planning testimony oh I'm not finished oh you're not done I'm sorry apologies just thought I'd you know mix it up and Mr M interrupted first so I just jumped in the pool so yeah I'll get to my special reasons for the approval of the D1 I apologize thank you uh the project meets several goals of the ml including goal a to encourage Municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health safety morals and general welfare the property will be well-designed and provide services and housing which will meet the needs of East uh sorry Edison residents goal G to provide sufficient space and appropriate location for a variety of Agriculture residential recreational commercial and Industrial uses and open space both public and private according to the respective environmental requirements in order to meet the needs of all New Jersey citizens the property can accommodate both the commercial use and the three residential use units and this mixed use is well suited to this corner on a busy roadway and serves as a traditional uh transitional uses to the single family dwellings and Thomasina Street goal J to promote the conservation of historic sites and districts open space energy resources and valuable natural resources in the state and to prevent urban sprawl and degradation of the environment through improper use of land the existing site will be revitalized with the new building and site improvements and spraw reduced by developing an existing vacant lot with two compatible uses goal n to promote utilization of renewable energy resources and this would be the two proposed electric vehicle stations we are requesting four bulk variances two for front yard setback one for exceeding the maximum permitted impervious coverage and one for the existing undersized lot the front yard setback requirement is 25 ft whereas we are proposing no setback on Woodbridge Avenue and 12T on thomasine Street this is a principal arterial roadway with multiple structures that have zero setbacks from Woodbridge Avenue much like a Main Street it is preferable for walkability in a downtown field to have the parking to the rear and the structures close to the sidewalk therefore we are requesting this variance as a better zoning alternative than what the ordinance requires as the photos showed uh there are many examples of mixed use commercial residential structures with little r0 setback from wood Woodbridge Avenue the lot becomes narrower towards the rear uh the front yard width is 75 ft and then further towards the rear it Narrows down to 64 ft which makes it difficult to construct an adequate Siz building and the proposed driveway access is safer and will function better on thomasine Street than if it were along the front of the property the size and shape of this lot does present a hardship the architecture of the proposed building will be consistent with the buildings in the area proposed are multiple attractive facade elements including metal painted panel brick and concrete block which all combine to create an aesthetically pleasing exterior facade the roof line will have a Glass and Metal railing and all four corners of the building will have a decorative metal cornice freeze and architrave there will also be a carved wood wall mounted sign for the address so it will fit in nicely along Woodbridge Avenue and will create an aesthetically pleasing appearance and will provide a benefit to the neighborhood as opposed to a vacant lot the impervious coverage maximum permitted is 7 65% whereas we proposing 79.1 we are proposing all of the typical storm water management techniques but in addition to those we plan to employ um several green techniques such as rain Gardens or a rain barrel the size and shape of the lot presents a hardship but also any negative impacts of the increased impervious coverage can be mitigated with the additional green storm water management techniques the lot area which is existing 7,38 Square ft whereas 7500 is required the undersized lot is in existing condition and the severely undersiz Lots 2 a 3 and four will all combined in 2021 it is my professional opinion that this variance can be granted without substantial detriment and the benefits of the proposed use outweigh any potential negative impacts to the Zone there is no substantial detriment to the public good and the use variance can be reconciled with and will not substantially impair the intent and purpose of the Zone plan and the zoning ordinance because of several goals of the master plan are being Advanced such as provide for future growth and development of Edison's rable base encourage well-designed anti-sprawl Land Development and is consistent with established neighborhoods and land use pattern and consistent with recommendations in the state development and Redevelopment plan for Metropolitan planning areas and capitalize on opportunities for redevelopment other consistencies with the master plan of the desire for pedestrianism and to promote and accelerate growth in already developed areas it is my professional opinion that the municipal land use law would be Advanced by the proposed deviation from the zoning ordinance requirements and the benefits substantially outweigh any detriment that is the end of my testimony thank you the um board have any questions regards to planning testimony see none thank you very much thank you we have no further Witnesses okay thank you very much so we now go out to the public if there's anyone within 200 feet of the subject site wanting to be heard if you're within 200 feet youve received a notice via certified mail sir you please approach now you can go to the podium right there raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth to help you guys I will please State your full name for the record and provide your address yes my name is William turkus I live at uh at 728a Rolston Plaza Monro Township and uh I am the chairman of the board for writer education in New Jersey it's a nonprofit C3 Corporation and we are a subcontractor for the state of New Jersey Motor Vehicle providing educational programs in Services uh our property has a two-car garage and room for two vehicles to park in the rear of the building sir I'm going to interrupt you really quick I apologize the address you provided was within mono Township can you state which prop which property you own okay writer education of New Jersey is located at 2070 woodbrige Avenue adjacent to the to the venin lot thank you very much okay our property has a two-car garage room for two vehicles to turn around and park in the rear of the of the building one of the uh PowerPoints that was distributed shows uh the driveway that exists now and access to the garage we've been there since 1995 uh we've always had access to our property in the back and there there's really never been a dispute we've always been a good neighbor the um one of the things that we would like to do is figure out how we're going to get back to access to the back of our building we have some concerns about safety uh we do know that the building next door burned down and we wonder how how fire protection would ever get in there if they needed to uh we also worri about light and ventilation for our building with that small if they come all our windows are located on that side okay so we have two full-time employees uh that need access to our parking spaces there are both uh Edison residents long-term Edison residents and our business business is conducted mostly electronically so the building provides a excellent location for us since we don't we don't have traffic coming in and out as as other commercial buildings it's primarily used just for office work uh our refuge is removed by private uh private service which removes our through the backyard which would we' have limited access to that uh so that's one of our major concerns there's no allowance for parking on Woodbridge Avenue and uh when they put up this building there'll be limited access on the side streets also so we have to concern ourselves of what our employees are going to do and uh hopefully we can work out access and and waste removal and continue to operate where we've been we've been as as I said we've been there since 1995 and I think we've been good neighbors and Cooperative with uh with the community Mr let me just make sure since he's on timer I just have a question for him that's all okay just PA the timer thank you go Mr okay um so the assphalt drive that you're talking about that's on the applicant's property not on your property well we it's always been jointly used when when ACA well answer the question is the the asold driveways on his property not yours yes and so you do you have an easement that says you can uh ride on that property not not nothing written that we had we've just always had access and Community use of it and how long have you done how how long you've been driving on it since 1995 when we bought the building uh Mr chairman Mr bro I don't you know I'm not sure exactly where his property line is but that adjacent garage on the plan um if the is willing I don't have no problem with them traversing that driveway there's a 24t aisle and just open the driveway there and they can gain access to their their two cars do you know what I'm talking about sir yes I do all right so I it would be a variant situation because you're Paving within the property line but that would save that would you know um I it's going to be landscaped and everything so I have no issues with them uh accessing the property from the from the 24t aisle in that parking lot and they can probably easily do that the applicant's agreeable to that Mr we well but I'm to get the applicant the applicant's more than agreeable with that matter of fact though when we heard these concerns for the first time this evening that was one of the possible solutions we've already started discussing with the gentleman so let me ask the next question Mr Fletcher will that work can you design it on the site plan Mr Fletcher you're just going to need G you need to come back up and talk to us yes I've I've already looked at this scenario there's there's more than adequate room uh we can put a depress curb at the end we can provide access to the rear uh of that property uh safely it won't interfere with our parking it'll be entirely within the 24t wide aisle and you'll Grant an easement and so that gentleman will never have a problem with this again so any future owners in our site plan we will we will um have a cross access easement uh something that we can uh have filed uh the owner of our property and their property they'll come to some agreement uh for that purpose but yes we're totally agreeable can you also include in that easement that that gentleman has a right to maintain his property because it is on your property line I know I'm asking you to do it but it's an existing condition and that would that would help these these folks I I I would think that would be appropriate uh condition as well I'm sure the applicant would be agreeable to that sir are you satisfied with that you get come back to the podium yes we would be agreeable okay and then you have you have three and a half minutes left if you'd like to continue your testimony I'm fine you're good okay all right thank you all right uh is there anyone else uh within 200 F of subject site wantan to be heard is there anyone outside of 200 feet wan to be heard can get a motion to close the public portion motion to close public portion second motion made by Vice chairman o Gorman second by Mr sedada all in favor signify by saying I I oose nay the eyes have it public portion is now closed uh council do you have any uh summation before going to the board uh you've heard the testimony of our experts we believe we've shown the positive and negative criteria that's required we believe we showed that it does further the intent of the master plan uh we are asking that uh the appropriate use and bulk variances be approved obviously we have to come back for a site plan since this is a bifurcated application all right thank you so much and we'll go to the board Mr chairman Mr D um I'll make a motion to approve the application the applicant has met all of the negative and positive criteria the site is particularly suited for the intended use the use is not detriment to the public good or public as appropriate um this motion also includes the following conditions the uh all all the three rental units will be one bedroom apartment only the office cannot be used as a second bedroom um the architecture plans do not match the um uh the square feet as shown now applicant would resubmit the the plant um there would be designated parking space for residential uh separately from the commercial use um applicant will come back to the board for the site plan approvals uh the basement would be strictly for the storage use only will not be used for any other purpose uh applicant also agrees to provide an easement access from the rear of the parking uh uh lot to the back of the property for the property owner of uh 2076 Woodbridge Avenue um this motion will incorporate all of the testimony of the applicant attorney planners engineers and members of the board it will also uh incorporate all the conditions just Manson second motion by by Mr dve second by Mr sedada roll call please Mr Sero yes on the motion Mr chabra yes to the motion Mr Baron yes on the motion Mr D yes on the motion Mr Saha yes on a motion Vice chair o Gorman yes on a motion and chairman Kumba yes on the motion uh you have unanimous uh 70 approval this case is approved thank you very much and we'll see you back for site plan approval yes you will thank you thank you so much Madam Secretary has any other business comeing before the board this evening that'll be all all right can I get a motion to adjourn motion to adour Second motion made by Mr sedada seconded by Vice chairman o Gorman all in favor signify by saying I I I POS nay the eyes have it board stands adjourned