that spe page number that would be page seven okay and and then Mr Mr de can you just briefly go over what change as well I think work edification you what what what changes you did make let's start there what what what changes we did make what variances are and then let's go Point by Point gab if you if you could just bring your mic close by and turn it on thanks point purus now weete and we're using that as a way of recharging the run off in that area to the ground into a sub detension system made of large St adding more intention to resolve the inre in coverage 7% that helps reduce the amount of cover also addresses the run that a major change we're showing minor positions that were T the plan as clean details system we have a writing plan right side of the dra those show writing on there does not go to ad I rear yard that way know proper [Music] Chang show we also adding several more dimensioning notes and um uh Dimensions through the side rear uh and back parking area to show off those features you do show this corre we show trees in front of the property um those trees that are sh in the front time yeah M Mr deck go go let's let's start on page seven and go Point by point [Music] let me if I might suggest a modality of doing this all right so Mr deck I'm looking at page seven item G1 it says now the signed and sealed plans are submitted that's addressed that problem's taken care of correct Gabe do we agree that's Tak care of all right Gabe do we need to discuss items two or three or can we jump right to number four jump right to number four okay number four had to do with curving all right it says here that it's addressed Gabe Are We Now satisfied with the curving problem yes all right item number five talks about planned uh labeled Contours Gabe Are We Now satisfied with that yes okay items six and seven appear to now be addressed do we need any further discussion or testimony on six or seven Gabe no all right number eight we have A continuing comment I suggest Gabe why don't you discuss the continuing comment for a second and then let Ed respond sure um so Mr deck provided drainage calculations but there was no maintenance manual prepared and provided for the new storm water detention system uh it's my recommendation that it should be provided if a board does make a approval decision that that would be my recommendation for that and that would be contingent obviously on that approval so Ed the are you in position to say that the applicant has no objection to that all right that satisfactory then Gabe yes all right so if we move to number 10 you have a continuing comment Gabe why don't you go first so Mr deck um where were there soil tests performed at the site there were it was done by a previous previous application and there was I don't need explain little the engineer previous engineer and the appc was UN to get those results I was there I was president sstem was being excavated went down 10 noling evidence and no water but no soil report has been provided it feels feels that something thatal information required why is that that we that we can't get that document okay well I think I I honestly think we're going to need that document quite honestly um whether it be redoing the testing or not um I think that's that's kind of important all right so I so that we're clear I appreciate you can do it so the applicant is willing to condition approval upon producing what is it the soil soils test okay Gabe I I see item number 11 says partially addressed do we still need to address number 11 uh Mr deck can you uh comment on that yeah we have that on the plan dets okay is it satisfactory Gabe um my engineer yeah my engineer did review that okay number 12 Gabe I assume we need no comment no no comment all right um item 13 landscaping and lighting plan Gabe um so Mr deck you provide lighting for the parking area but it does not provide enough sufficient parking uh lighting for the whole parking area uh so as per the Burrows ordinance it has to be one foot candle within the entirety of the parking area so uh a waiver would be required for this that would Beed something requ cly so you'll be willing to upgrade the lighting if necessary okay I assume on on number uh 14 Gabe we don't need to address it further no okay number 15 says not applicable is that mean we don't need to address it no 16 we don't need to address correct no all right now 17 now is going to be the first Biggie right all right gab you want to go first yes so Mr deck uh as as mentioned he is now proposing they're called uh uh uh pavers uh like uh the actual terminology is um I grassers grass pavers deck pavers so it because of that it reduced the impervious of the property from originally which was uh proposed which was 79 uh originally was 79.2% because of the deck grass pavers it reduced to 7.54% but I just want to just inform the board and clarify for the board is the reason for the increase impervious uh and reduction of open space was for the the the applicant to comply with the resolution of providing that fourth additional par space uh so that was one of the reasons why this impervious coverage calculation went up and and the reduction the open space so a variance is required for the impervious uh lock coverage and as well open space the prvious uh grass pavers do does not reduce the the open space requirement because it's in a parking area so you still need a variance of uh uh uh you still need a variance for the open space let's break the two variances out for a second if I might Gabe speaking as a non-engineer so I don't understand it so as far as the lot coverage is concerned and the request is they want a variance that they're going to have 70.4 54% impervious so it's 10 . 54% more correct would be permitted correct u m I'm sorry your original number was 79% yes but you're going along with going from 79 to 70 because the grass cre Grass Grass papers so you taking you're taking half of a half of the area that was proposed I'm sorry half of the area is proposed to be grass creete you're calling impervious I'm sorry perious half impervious half pervious okay thank you and then uh open space is not specifically the converse of the lot coverage is what you're saying correct Gabe yes and our ordinance requires 50% open space and they're only giving us 20.08% so there's a request from the applicant for a variance to go from 50 to 20.08 correct correct the part I don't understand is the open space is reduced from 48 to 20.08% what is that where when was it 48 um Can the applicant help out the original application yeah the earlier application they were giv 48% open space and now only right why is that are you G I'm sorry st came out and if you say the wrong bu saw any time in okay all right let's let's continue I just want by um getting back of the driveway that is also reason why why we were exceeding they said that it's part I just lumped it in all they can't hear sound coming out like when wasn't it that driveway was going to be 9t end being 10t I just remembering well no you're remembering is correct but what shown is plan is now the driveway feet but like there was two feet between the driveway and the car line now there's one foot corre so that is why I'm explaining contradiction you know it was 9 ft with 2 feet of brass now it's 9 ft with 1T of grass yeah that couldn't happened because I know it all right either way it's an increase anything else on 17 Gabe can I Mr chairman I just got a text from a fellow resident and they said there's no sound is there a problem with the sound they're working on it yeah can you ask if they check now cuz I just asked someone to see on their laptop if it worked and he said it's good youor behind the rear porches [Music] there open space other words a stone as opposed to gra right right it's in right it's per I believe the board is saying that they going to see brass there instead of the Stone it's in the back of the house people want money they're going to get out their car walk over grass this not SP this moment Mr deck is the witness let's continue with Mr Park is making excellent points that I think probably when the board takes matter under consideration and we vote to a fly dis conditions we can add those things in right right now let's try to get through the latter yes deck so um I'm guessing G we don't need to address 18 or 19 no what about number one say partially address we done with one the Filter Fabric discuss that um the filter Fab was installed as part on the sides but not on the top Al wasn't installed on the top it was because I was there when you had the size on the bottoms not top Mr Tech excuse me but I think you need to speak in a mic because I'm having a hard time hearing you your conversation the filter fabulous place according to the way the plans are required which is the pop s is that satisfactory G um I at this point now I I I still need more clarity how come how come was installed on the bottom because I believe that was the way that um it was designed originally the original PL I need more information okay all right number 21 G um that I mentioned he would do but it has built survey with the inverts and I'm the accept to that okay 22 I assume looks like it's finished yes 23 they have to provide this manual is there anything that to do besides that no Mr D you guys have this manual Y for the record people sorry there people on the video provide the manual and it 24 and 25 10 we anything further no we anything further on 26 no all right so let me just clarify on one item that we do need further info on um what would be what would be required to remediate that number 20 uh gate from your standpoint and then I I need I need information about it I think the applicant who 's in charge of struggling that system could so we address that simply by a condition that says that information regarding this filter shall be provided to the satisfaction of bar Consultants I I believe that would be okay that would be acceptable to the app would that be acceptable I'm sorry that would inquire digging up you're saying the Filter Fabric should be underneath the question is was it installed underneath saying F fabric goes underneath not on top unless you call pipe works on top and bottom the sometimes the f is not onl prevents the recharge it doesn't rear quickly that they would prefer it the open usually has it because that prevents Sil from sorry so the question is is what the plan originally called for and then what was installed I believe that's where the okay that can be provided okay I all right so that then addresses the engineering review comments should we then at this point go to the front of the letter game um sure I mean the front the letter this discusses the changes and mentions the variances which are required uh which are the accessory condensers on the side yard the max lock coverage and the minimum open space and those Mr Piper those are the only three variances that the applicant seeks correct yes I had added a notice about the uh screening in the back but I I'm not sure if that I thought it might not have appeared on the original plans that were submitted but in reviewing them if the board had any questions I just really put the notice was fine the notice was fine but three Varan is items one two and3 on page two of 14 are the variances that applic seats correct correct oh okay with that do you have any other Witnesses at all oh yes okay hold on do we need on page five of 14 P do we need this witness to address either the red sections on page five the two trees what what were the two trees Bott Mr they are not on De PL food list I know striped maple I can look it up right now it's don't hold is it the applicant's contention that the trees that were planted are compliant yes and were they replaced once already yes the ones that were in the front are now in the back because they were compliance so the trees that are in the front now what are they hold on so the answer is m de doesn't know we need to get this information from mr's s mrir truth truth what kind of trees are in the front now I went off the LI they gave no the question was what kind of trees are in the front now I like I but I believe I want to know exactly the weird know it's aing but what's on the plan is Strike mle oh what's pled right now is it Japanese treac that's fine we get the plan indicate actually okay very good thank [Music] you now on P6 about the 9 ft the width of the driveway is in fact 9 ft Mr deck yes it is so that satisfies the top of page six right Mr B yes okay we then just have a recitation of the variances again we don't need to further discuss it and that gets us up to the end of here correct yes yes and that gets us through the harbor L correct yes okay thanks Mr thank you um at this time I'm going to open up to questions um from the board of these Witnesses or witness um now don't we well my question I don't know if this is for you or Mr but that side part um that that we had talked about last time and to the movement uh pervia I just want to the reasoning behind not doing that as it would obviously increase your your percentage and maybe I don't know how I can't do the numbers in my head but no it just be a less make the question why has the perious coverage on the side not been reduced not to the gas lines on that side very there I wanted a safe way for ten to be able to walk their garbage cans to the front without having to go through the drive are going and that also prevents water from entering that b that's an existing Foundation which is made out of this SL concrete not brick not that's a new block which tends to lead your water goes on the side of it all the time and everything so and then on top of that the draining system for the enire roof leads to the back detention drainage system and it's buried under there as well so if we were to break that out break one of those pipes go through there all the way to the back so that the are has gas lines R leads all the way to the back and I wanted away to defens walk the garbage can back to the front the property I to the drive car can I I guess I understand that I'm just wondering why the last me I thought it was agre to so I understand option I provide option to you know concerning you I more stuff I asked make all this it's your inclusion of well that's that you agree with that oh absolutely the safety of the meing we also going to present some planning testimony about that can we stick with that for a second all right Mr de on on the site plan the gas line is indeed shown at Mr mentioned um up to front of the building not continued after that I'm assuming again Mr B I'm going to ask for this to be added on the pl if it's not there required gas line does indeed continue saying three ja meters are placed right on the left side of the okay where are those ja meters if you're high of yeah the right right you turn the corner right okay so I'm sorry that's the answer I appreciate that that's the answer I expected but doesn't help you why is the rest of it concrete and do hold they'll hold that answer for a second maybe maybe maybe I can understand don't really my house I have gas lines and they're not under concrete ra everybody out I'm sorry so I don't really understand why they have't buried under concrete but you're right they go to the side of the house by the front of house that does not explain to me why the rest of it has to be concrete but if you can hold off one second your back I correctly is the leader in the front of the house going all the way to the back yes do that on your concrete yes how deep probably so why do we need concrete that I think that only the accessibility of the tenants so we need to increase in perious area you know Mr chairman that's going to be a discussion I won't be l Point okay I don't understand what I think he made reference earlier about leage coming from from a Concrete ad that's what saying the way I see there's not enough ring between the air conditioning compressors on that side between that and the fence for walk garbage cans through I don't see that well this is really okay yeah let's Contin I I I was just take it off in the mayor's comment I have the comments but I don't want to please other people anyone else um listen I guess we're here for a multitude of times of questioning this applicant and it proceeds to tell me that this applicant has broke several rules and that's why we're here today so by you coming forth and telling us that the conrete is this and this is this it's why we are questioning why you're here today so can you please answer Mr that question because you didn't really do that either one anybody from a planning perspective we can talk about okay well we need any testimony Mr um Mr Been need your assistance on this um and I know Mr chairman you don't want to speak the labor no I'll tell you what you don't want to rehash just just hold on a second all I ask that if you have commentary item by item not the B just item by item and we can address each item in a systematic method that's relatively place okay Mr what is the you said the building to the enement the extensions whatever you want to call it part of the building part closest to the I say closest to the street I don't have a connection I if I were to say it's zero would you agree with that I would have to look at the survey by bar any thoughts on that it's it's right right on the property line it's right on the property line so the front yard setep back zero the reason I'm asking this chairman just so you know because it's it's very interesting because the variances and everything are requested in such a manner that it's written that the air conditioning units are closer than 5 feet what is that number the driveways is is you know no I I won't get it so if we can indicate somewhere your setac perhaps in the chart that's on the front page where it says currently says the front back is setep back of 7.5 setep back is zero that could be amended and corrected that would be appreciated that's would be four Grant last time it's a zero foot fin um okay the air conditioner units it is indicated in in the one of the reports that they're closer than the minimum 5T but I don't know how close they are did anyone know how close the units are to the side par that's the variance being you turn the microphone 18 do we know how far off the property line the condensers are yes how far is which is4 26 that's about two and a half two and two and a half okay hold on hold on you just gave us four separate answers you said 28 you said 24 you said 26 and you said 30 do you agree you gave four separate answers which of those four answers is the true answer two and a half so then why could you say 24 26 and 28 the correct answer is third you made three separate mistakes yeah I know it's me but I'm 24 30 in that that's okay and I'm good with I Mr Frasier I appreciate that very much and I just want to confirm so I don't know this Mr spale I trust an easy way to calculate it is air conditioning units are two and a half fet that right these are pretty small I think they're less than wrong answer all right that's off how about this maximum two and a half okay so then it's a two and a half foot so the VAR being requested need to allow a 2 and half foot side yard with five is that correct okay so bianc that goes back to it's for you to you know if that's enough for AR okay um Mr barl is is so is the variance for the impervious is is the number 7.54 that's that's what the app provided yes is that the number you agree with um that's what that um because we were at 79 and reduced it with the grass paper right did anybody do right I personally did not I believe the engineering report accepted that's bar Barb report I read it I'll be honest with you I just thought they copied it from you I didn't see any CS that's why I was asked they accepted it but nobody would the I you did nobody double checked right no I apologize nobody double checked so so you actually took the entire area divided by two because you got the grass street is half of you know if you have a foot half it to perious half it perious you did that calculate you figure out how much that was perious and you added that open space and reduce it from Inver that's cor all right so we're going to go with 7054 based upon your capul right okay the open space are we at 29.4 important we at 20.08 but mras was asking 20.08 okay Mr de agree with that okay here the street Tre Mr SP I want to thank you for putting the Dos in the back and theight just in a side at the burrow tree youel good job on that okay um Mr Bale typically I believe that now I'm com um was the information about Covenant deed restriction Smitt by the app if there are site I None were Smitt okay so Mr de assume there are none sorry no deed restrictions or Covenant noed restriction okay assume the tax map sheet and keymap were submitted earlier that was part of the original the original okay just um on the application Mr you need to answer this now but two addresses listed torth and Elizabeth you can just let us know which one is correct start the project I in by the time I appreciate that very much I I'm okay Mr dck the electric wire the electric is for the for this property is it shown that the um that the electric wir actually in the RightWay I don't mean in the the area between the sidewalk and property line but that they're actually in the street you see that that correct that should have been a gas line no the gas line is further out I'm sorry the gas line is further out but you know I'm looking at there two gas lines one of [Music] the they're actually two gas lines in the St question the electric is shown to be that's incorrect that that's incorrect so can that be corrected on the plan the um one of the things that's required is the dimensions of the curve cut in the driveway um I can't see them you know what they are correct I don't have a dimension for that it can be scaled off it could be scaled off but one of the requirements for a complete application that the be shown you can show it a dimension that be appreciate yes can I ask a question I listen um we're looking specifically at the three VAR wait let me second um if if these are Corrections that have to be made valid Corrections that's fine it's all well and good and I think the applicant at this point in time will be more than willing to re revisit all those Dimensions as per what your listing is shown and correct them along with other consults and correct me if I'm I'm Miss misquoting but I'm just I'm assuming that that's what you will be willing to do is that correct uh if we're talking about dimensioning on these prints and they're incorrect as it stands but it's a matter of re remeasuring and redim menion and getting accuracy on those PL plans and they're willing to go forward with that in conjunction with all Consultants to correct off of your list that you have can we go and discuss primarily the the uh the items that we're really going to have questions yes okay thank you okay um so I will only discuss three items that actually really been brought out um the first one is um probably I think it's the paving I didn't see a Paving detail Mr do you know the thickness of the paving I put in the driveway or in the parking lot it was probably on the original plane yeah I'm not trying to write but see what Mr D I didn't want to to ask this before if I'm going to typically you take the origal site plan he did add to it I don't for the final I don't understand why things were removed from the original site plan and not left behind for the final the intent of my plan is to address the comments that are generating from the initiation um the original plan again it's kind of awkward saying that no one had an accep KN accessibility to the original site don't you don't have to embarrass or anything it is what it is I was Mr chairman I was just like all right if this stuff was on the original why is it on the FL okay I understand coms then are going back to the lighting um discuss that I guess I want to make certain refu and recycling Mr are you saying that that's going to be uh gar will be inside the uh in inside the house inside the the the dwelling and then taken out for pick up no intermediate because there no intermediate location of dumpsters or garbage can shown on the plant should there be well usually people not not me but usually people have people people did I say that right usually people have garbage can inside the house and then they have a garbage can outside and like they'll put garbage out there as it grows inside and then they'll carry out at some point but you don't have any intermediary spot on the plan which I'm grateful for but I don't want the dumpster to show up later on could could there be a note on here there will be no outside already dumpsters bought 32 gallon fruit garbage cans that are outside of the that are outside where are they right behind the he wants to know where it's designated on a print so that he can see it requirement is that they be showing on his plan and I want to make sure where they are they're probably in the gravel area you talking about and I want to make sure they don't reappear they don't appear in the parking right Next Step that' be great have a highlight SP I'm sorry Mr chairman that's it okay uh Mr Baran yes yes I um I was Bill can you help he's on I'm on you're good I was over there today i' been there before when we were here was over there today and was standing the side of the parking lot where there used to be grass that's the way it was approved a few years ago and there was a car park there not a big one but a car and what would be the space closest to the bu and even thinking about the need Forge to up and then pull out the driveway didn't seem to me you had to take all the grass out didn't seem to me that the proposal for the rest Tex or whatever you call the T box has to be that extensive that area you're talking about I know exactly what you're talking about that area is dirt under there and those are stones and the reason there's a reason for because when it snows when it rains people have walk where that Park spot is you're going to go to your unit you're going to have to walk across that so if it's RS it'll turn into M I'm not talking about that what are talked about that earlier angular stone that I don't understand why that can't be grass can walk people could walk in the paved area and get to the rear steps the G not the walk across that island with stone and I I would really that is that's very water I'm talking about okay so so we're talking about the driveway you were referencing seed right I I don't it just seemed to me that some of that grass could be could be retained that was shown on the origal now you got it's all black out now I assume you're going to take some of that black toop out and put these paper BLX in that's the plan and just see I think you have a traffic engineer or any drawing that shows the turning radius that the cars will lead get back out of their spaces and pull out pH but just standing there looking at it the distance to the curve in the curve was was twice as long as the car twice as long as I just seems me take all that grass out and replace it with something it doesn't look as good and it doesn't give the same feel and kind appearance to the back area have almost no really almost no realiz thatass comes through the paper not the same and just struck me is not enough thought was given the try to retain some aesthetic benefit that you know I had some more plans for I want to do some box bushes as well alongside the new trees that I put back there and the grass you know I guess everybody has maybe n maybe type of Feld it's dirt under there I just thought it was more about the whole water going into the ground but I do have more plans to take make it prer and this is the back of the property nobody look at at I okay is that it though um Steve thank you anyone else from P so we talking about the back area there where Steve's looking at it and there's there's a concrete area from the end of the deck so there's a deck built and then there's a staircase that comes down and there's an area there that doesn't need to be concrete the W the length of the staircase from the deck to the end of the stairs easily could be grass before it goes to the sidewalk area which is p which is concrete so there's a 4 foot pad four or five foot pad that really should be grass there that should never been ConEd over you want to see it on picture see Mr Flint does have some Arial photos that put up too okay okay um anyone else from the board yes yes Maran no okay I just wanted to make a quick comment about the concern about the lighting in the parking area the only way to improve that is to introduce a PO and I would be very concerned about the intrusion of light trespass on adjacent Residential Properties because it is very densely um populated there and I think you know the reality is there's a lot of Sky blow in this area so I I would say that's probably not major concern thank you anyone else yes Mr chairman um if I can use the word entertain we're here tonight because again the applicant has broken so many rules of what we said was approved and he stands here before saying that it's costing him so much money but it's because of him is why we're here today to discuss the issues that we're discussing so I don't know how we should go about making amendments to let this go or let that go but the applicant did not do what the board approved and for that I think that should be very outspoken and for the attorney and the planers and the engineers to sit before us or stand before us and say this is this or this is this no the rules were broken and I don't know how you can stand there and tell us that this is what's right for us to approve this applicant at this point I hope I make my point clear and if we decide to go forward with this pardon the expression but what the hell kind of example we setting in future so that's all I have to say thank you okay thank you anyone else from the board okay same now it up to the public anybody from the public so these are questions of either Mr de Mr SP anyone online from the public no okay thank you at that time at this time I close that portion of the the meeting um you have another witness that you want to call yes wait one second before we go to the plan I know Mr um Mr Piper I know Mr Piper you said he had three witnesses that Mr de Mr SP on the plan um but we kind of just dragged Mr um into Mr de Tes did you have additional testimony only there add other than that you're done with direct Mr SP as well all right they want you to be precluded right right now you go name Matthew Flynn f l NN business address is 101 BR drive and more expl and you're a liced professional planner and your license still current previously been qualified for this boort correct yes Mr chairman I recommend that Mr be recognized plan so thank you all right you've got some additional aerial photos you'd like to discuss some of the impact of what's being what's been built and what's being proposed yeah um with the chair's permission like last time I do have some aial images that I can grow on the screen where these something they going to be marked yes that's my next question though are we are we getting or only seeing I just have it on I can email it to all right and just before pull that up uh get taken um so I guess are we on a so a exhibits A4 through six are going to be a by my office on December 13 okay so we'll call this one exhibit A4 which is a straight down shot of the subject property I realized that the board is in a difficult position uh for me it's actually kind of easy because we have the parking lot that's being proposed there already again obviously it's fortunate situation um like member said um but what we do have here is an existing parking lot um one of the things that jumped out at me when I looked at this image here is that basically all of the properties to the left and to the right of us if we're looking at the property from the road have multiple accessory structures in the back of the of those properties this is the only one that doesn't have these accessory structures in the back pretty much um and just to kind of put that into perspective the property to the left or above the property on this screen has two accessory structures beyond that there's another one and then if we go in the other direction um those two structures that share a parking lot between the two of them there's three except structures there the only reason I bring that up is because again we have to look at what's there and when we talk about open space I know that the board has a definition of open space but I say this um with a grain of salt it is more open than several of these properties because it doesn't have these structures in the back again can you point to that screen the spot that we were talking about the property we're talking about lot of properties there but sing green that's right this one that's the subject property 113 115 I should have probably pointed that out yeah um I mean to me it just looks like a couple of squares so I don't know what I'm supposed to take out of this understood so yeah so that's our property and now we uh have the cursor on it like I said above and below that property we see all these accessory structures in the backs in the rear of these properties this is the only property that doesn't have that um so to the extent we do need an open space bace variant I think it's not going to stand out as being excessively uh developed when we compare with some of these other properties um the other thing I wanted to point out was that um right behind us this came up as a residential lot but the point is that it's completely paved over behind us um so not only do we have these accessory structures inside of us we also have this pretty large surface parking lot uh to the other side which to the rear of us where at least in this image we have parked Vehicles right up to our property line uh so I think to the extent that we do have vehicles parked in this location it's not uh it's not going to have as substantial detriment as it would have if there was a home right there um that's that's really all I wanted to say to that the other thing was um when this application was approved I think it was 2022 it was it was approved the plan was showing three parking spaces the board approved it under the condition that a fourth space would be introduced unfortunately we didn't have a a metric of how much impervious that would that would uh entail to get that forth space what I wanted to point out on this image is um the other three family dwelling that is that is shown on this image is this image on the left sort of the top left the board can see my my cursor really can't see it left side I'll actually zoom in on it yeah so this is another three family dwelling I wanted to just point out or at least compare kind of the dimensions of this parking lot which is 43 family with something that is more similar to what was approved when we were looking at the three spaces so uh directly above that this is a two family dwelling And this parking lot is a little more typical in shape uh to the to what we show with three spaces the only point I'm trying to make is that once we introduced that fourth space it kind of entailed something more akin to this in terms of being able to maneuver around all these different vehicles uh just another example um this is another two family dwelling that I just used in on uh again it's a totally different shaped parking lot um and just one more example this is the two dwellings directly uh well page down of of the subject site this is a shared parking lot between two two family dwellings a again it's it's similar and that it is uh boxy and and not uh carve that carving out specific spaces it's more of a box room um I just wanted to to point that out that we weren't the African wasn't randomly choosing to put more Asphalt in it was sort of necessitated by the additional parking space again it was unfortunate that we didn't have the the specific impervious at the time that that for space was was um was condition so again just another view this will be exhibit A5 this is more of a zoomed in view of the same thing showing the uh the property um straight down here I want to point out that the the sidewalk that we're talking about is on the left of the house on this image and that sidewalk leads to this uh rear yard area that has the three staircases and the concrete around those all that counts towards open space even though it is included in the impervious calculation it counts towards open space because the the definition of open space in Township basically says that it should be usable space it doesn't have to be green space so sidewalks count because it's usable space and I think that goes along with what our applicant was was talking about and that if it was grass it would be less usable after a rainstorm and if this is the area where they're going to be bringing their trash around um that that would cause issues like that um again just because we we have a closer view now I want to just point out the accessory structures on the properties that are all next to us excuse me can you can you walk to that screen and show us exactly what you're talking about I'm having a hard time following you I'll tell him to do it so I can St at the mic so if Caesar would point at the sidewalk on the left side of the poem that's the sidewalk that I'm referring to and then that sidewalk leads to this rear area where around the the staircases all of that even the stairs actually would count towards open space because they're out it's outdoor usable space it's still counts as impious cover but it counts towards uh open space just to give the board that perspective we start talking about chopping concrete to meet open space it actually wouldn't want it would decrease impervious it wouldn't decrease open space that was that was the point I wanted to make uh A6 now will be a uh a view looking from the back of the property and really I just wanted to zoom in here to show those AC condensers that we've been talking about and I'll get I'll come back to that in just a second I want to also point out that between staircases we do see I think that's a trash can I know um what the what the applican is proposing is that the tenant trash bins would be located in those areas there when you say trash bins that you can no so what I want to point out in light of that is conceivably if the AC condensers were not there and we have to put somewhere so the AC condensers could potentially go between these staircases but again that would leave where where do the trash cans go I think it's a better alternative to have the trash cans behind the house as opposed to being closer to our neighboring property in between these two um houses for I think obvious reasons to the extent that we do have AC condensers in that side area I just wanted to point out if Caesar's still up there uh just point at the AC condensers for me and then right across the sidewalk from that we do have a wooden fence that is on the neighbor's property line so so if if I can stop you how wide is that concrete sidewalk from the house to the so-called property line where those condensers are sitting how wide is that concrete structure I think it's four and a [Music] half can well the plan S 4 and a half 4 and a half so in teson before the condensers are taken up 30 Ines so my question is where is the safety factor for somebody coming through that sidewalk to assist somebody in the backyard well we do have the other side actually so if I go back to this image here we do have obviously the driveway on the was emergency that would be how that would be just a second I'm sorry I this picture is better than what I was seeing before those condensers you're saying that strip of concrete where the condensers are is 4 and A2 fet wide right no no no without the condensers between the house and the property line is 4 and a half okay house to the property line is that's 4 and2 ft distance right and then there's a 30 in condenser within that 4 and2 ft right that was the t Okay so I think was the opposite OPP 30 in of Space 4 Fe is 54 in correct yes was it the testimony that the size in the condenser was 30 in the condenser only 24t 24 long I you know what I got to stop right here I'm sorry but there's no way you have a condenser that's 24 inches in width there's absolutely no way it's impossible to have a condenser 24 in and have air space for the condenser to work and in their right environment so I think that's a wrong testimony it's so sir if you want I'll take Ave over and put a tap measure on take a picture and bring it that way you know hang you're here because you have broken so many rules thank you Mr um B is out of the site today put some great pictures one of the the air conditioning units of okay are immediately immediately J you don't have any your space that's why Mr you're correct Noto properly no so that means number one if sto them properly two going back to the withd of the sidewalk the area from the building to the property line is 5 not for what I what I said from the building the property line is 5T the sidewalk 42 but are six in of space the outside side Pro that is correct okay so if you have if you are supposed to have 30 in for the air conditioning units you only have 24 okay and it's your Frasier um 54 in 4 and a half that would leave supposedly 30 in for dumpster I shouldn't say dumpster apologize for a garbage can on theid now this picture I have is not relevant it's not be entered but um that's the way you're immediately chasing Mr chairman I apologize if I'm not line by I I mean if you want me to just wrap up uh like I said I I realized the board is in a difficult position all I wanted to do was kind of just paint a picture of how much of an impact are we actually having on our neighbors again I realized we have tooke the rules we do have to look at what's out there now and the board has the option to approve deny obviously I just wanted to show the board that we do have a lot of accessory structures around us this property doesn't we do have this surface parking lot directly behind us with vehicles directly up to our property line which is pretty uni I would say characteristic of this property um and to the extent that we do need an open space space varant I think that we have open space which is the sidewalks and the staircases um I think we have open space where we can get it and again I think the the to accommodate that fourth parking space that the board wanted this was a design that that came out of that discussion it wasn't it wasn't a a a random decision and again I think there's proof in some of the other three family parking lots that kind of support General layout uh so with that all I'll say is I think the C2 balancing test is met um by virtue of the fact that the benefits substantially outweigh Investments again the benefits being that we're able to accommodate that um full parking space and the negatives again I walk the board through the potential impacts that we would have on our neighbors and how that how those impacts are mitigated by the conditions so that's all we've had okay we've had a lot of comary the board already um what I'd like to do is uh I'd like to I'm going to ask the board there's any specific questions that we have not need Vis of this witness um and I will up to the board I'm sorry Mr Flair I know you're trying to show but there's a couple of maybe three questions we' done did you actually do any calculations of these other lots to see how much open space or lot coverage they have as comparison how it so you're asking us to compare the slot to Bo not conform yes or no uh not exactly so the the only reason the only reason I was showing those other Lots was to compare no no to compare the the shape and the size of the parking lot that we have on this property I was comparing this I'll say type of parking lot with the parking lots on the other three family uh or similar type of properties in the area and contrasting that with the two families to sort of draw the comparison why this parking lot is appropriate for the three family 50 by 125 foot lot you think you have any options as to how else it can be done I'm I'm I'm not an engineer so I think on drawing it out but discussing parking be an engineer to discuss paring I'll let it go my my question simply was did you do the numbers to find of those lots are conforming terms of open space or lot coverage yeah okay the property to the rear talk about the surface parking lot is that a conforming or non-conforming use it came up as residential for me it sort of what's the Zone it's well actually that's the GB all the way back by these by these uh bu this property yes um I'm I'm just going to take let this go now take a minute to take a look at that okay um because even as a general business Zone okay it's a non-conforming use so I kind of take up I like a question you were asking this and I know what you're saying the shape inside the par but your asking is to look at non-conforming Lots non-conforming uses as a comparison to say it's okay in this SL I think exception that if I clarify because I think I no he I think again the only reason I was looking at I was looking at specifically the parking lots and comparing the I'll say boxiness of those parking lots on three families I wasn't comparing lot Dimensions or open space or imp I was just simply saying that a lot with with a three family dwelling with the amount of cars that that comes with would necessitate I we all understand that he was showing he was using the visuals to try to make this point um that's that's pretty much cut um okay with that anyone else um from the board I have any specific questions of this witness seeing well I'll open it up to the public anyone from the public both online and sitting in the audience right now have any questions uh of this specifically of this winess anyone online no okay thank you I'll close that portion of the of the meeting um okay we have any other witnesses that you going to call no other wayt okay thank you um at this point in time I'm going to open it up and we've we' really digested this um and I'll say it ad mum for the last several meetings so can we keep our commentary somewhat to the point somewhat brief and then we'll move on on anyone from the board who would like to comment see I'm going to go back to what the backyard looks like the backyard to me looks like a commercial property it's really overwhelming all that black to it wasn't supposed to be that way nobody anticipated this you can talk about it being the result of any important parking space but I haven't seen or heard any you're you're done now any testimony a traffic engineer who would put turning r eye in front of us and make us understand what's really needed in terms of open space for cars to back out um I I get it that you're trying to mitigate that with the brass blocks I don't know the proper words but that's you know we're talking about it just seems it's too much seems to me you can you could keep some of that grass I can't imagine people be all that room to back cars out a little bit maybe they have to do a little bit a k turn I do where I live in and and that's what we do and we we live with it every single day we Liv been there like eight years now it's fine um So based on this present and you know the comparisons that were given by the planner really haven't heard him relate his conclusion to a purpose of purpose of Zing under the municipal land use law which is what plan do did you hear that and also it hasn't been even given to us to consider um I don't I can't tell much about those other properties I don't know I know what this property looks like and how it feels 30 so I I think really there's got to be a revision uh whether it's worked out with our engineer in yours I'm not really sure have did but I'm really not prepared to support this the way it's done I think the feeling is to approve this and be D it finally um and I think it has to be something revised plan that we can look at addressing that form there's not enough cleaning vacu Stones don't have to be there people don't have to walk over that curved area to get to their units and walk around the edge of it it's really nothing and um that's not a good answer um you have Stones along the along the right side of the property alone small as it is it could be green I'm not satisfied not sidewalk where the hbac units have to be that way put flagstone down I lived in a house where we did that to get garbage cannas it's easy and and it's not it's in your face as as the design yeah thank you Steve anyone else sorry I just have a question for clarification I got the grass papers going in we're on black this for department is that inated area it drawn on okay okay so what we're looking at from the aerial view of this massive area blacktop is not what be proposed cor so putting the grass papers in does change the Aesthetics of that area I think just not not all theid area just that designated area right but it's still driveway still 100% yeah but it's still a significant area it seems so I'm just saying just to keep that in mind because know you look at this and part part of that black top would be replaced by that so I just want to make sure I fully understood right it's 18 in withd from the whole okay back portion of the okay so it is replacing a lot of the car is that basically where the cars are pared that portion not they're going in but anyone else on the board yeah Mr chairman so from looking at the applicants plans there is absolutely little or no grass on this property is that correct right so and the reason why I bring this up is is this a pet friendly rental property and if so where do the pets go or do they go on somebody else's property um Mr chairman um little commentary and then I'll make a recommendation um I think we learned early on that Mr SP said that this was really the first three first time he's had to go through the site plan approval yes um first time he's titled this so you know I I think the board EMP emphasized with him at the last meeting and you know with a close vote you get much closer but the board agreed to allow him to have those encroachments I think it was because he he didn't have that experience going through board recognizing where other one or two families you could just make changes and it wasn't such a big deal you a plan of change construction official to approve it go ahead so I I understand that and I think that that part of reason why we're here and and I do want to say to the planner yes he is correct and I want the board members to understand this too that yes open space the concrete sidewalk on the side of the building it is open space it's not it's not hervan but when the code was written it was trying to include patios and decks they would not be considered impervious and so was code is written to say if it's us by a vehicle purpose it's not used by a vehicle see I myself so thank you um use my a vehicle it's imperious if it's being used by people walking you're mixing up space no no no no if it's used by this vehicle it's impervious hang but if it's concrete being it's another material and being used for walking for pedestrian non vehicular F does P that out open okay if I said it WR I apologize I'm trying to say I'll go back where you I'm confusing it it's used by a car it's in you're disagreeing if it's used by a car and it's that grass thing it's somewhat perent to someone imper if I get grass in my backyard and I park the car on it it's still not it still hurs you're not allowed to park in the grass so now you're in violation TR I don't want to go there so let me rephrase that okay when the to is written that would be intense okay you buy a vehicle it's in that will so I just want to say everybody the sidewalk is considered over it's considered open space not it is imp yes it is right that's not what you were saying okay it's imperious and it's over yes yes okay that's what I try get get um okay I want to thank you for switching the trees and um I want to thank you to planted trees from the front to the back appreciate all of those and my issues um reason we have flooding because we have too much imper they're not just car every so this is this is this is comments no I'm sorry am I wrong no you're right we're doing comments so I would like to get as much concrete remove property if it's not so I would agree with we moving a concrete walk from side of the house I would um agree with removing whatever Concrete in front of the house um The Mulch and the stone I would ask that that the mulch in the back and and stone in the back be removed as Mr V said you put in the walkway you don't need an 18t wide area I understand what the applicant is saying people walk from the parking space to the building I understand that yes you're right was overest maybe would become L but you don't need to have an 8 foot 18 foot long are for people to walk you can put in paving stones [Music] um question talk about lighting what it's worth I would be in favor of granting the waer of lighting it is a residential area I don't want to light up everything perhaps reques um and the last comment about defense um as I indicated Mr barin was out there today took some great pictures whoever threw the stone against the fence they literally just threw the stone against the fence I'm sure you notice the whole bottom of the fence next door bowed bowed out do you need take care of that so that the fencing isn't bowed out on your neighbor's property and that's thank you anyone else at you Bo commentary so yeah so I have a couple issues with this whole thing and part of it is because we are given the deference to the property owner everyone keep saying that well this is first time deing this first time doing he didn't know what he was doing but his own witness at the last meeting said how smart he was and that he knew everything and that he was her mentor and that he taught her everything about doing these property flips that was her direct testimony so I don't know what the issue is with that um everything was done wrong there was so many violations of the standard practices and what was approved it's a big issue for me it's a big issue for me those air conditioning compressors should absolutely not be where they are they should be around the back on beneath the Dex they shouldn't be where they are and that was that's a violation of the construction code which should have never been approved from the beginning so I don't understand whole thing so I can support this okay thank you anyone else can I ask Mr Question so and I guess are you saying that the air conditioner condensers that are immediately next to the building they in their incorrectly placed correct yes there should be more space between the air conditioning compressor and the and the building itself it shouldn't be right up against it and that you can only do that you have to look at the manufacturers uh paperwork that says where it has to be so but they shouldn't be right up against it because you're you're you're counting on airf flow to go over the condenser so if you cut one side of the air flow off then you only have three sides and it cuts down on the efficiency okay with that we have um G you just reiterate what our three variances are that we're looking to consider consider yes Mr chairman re variances um accessories structure in the side yard setback for the condensers uh the max lock coverage Max permitt is 60% where isode is 7.54% and minimum open space requirement minimum required is 50% and what is proposed is 20.08% okay and if we were to if we to take a vote on this tonight okay there was some stipulations that Mr neat had made and I cut it cut it back and uh basically instructed him to give it to you and if you would be willing uh to correct all the deficiencies on the various plans that you submitted and become and have them be you accurately um that would be contingent on the uh on this this proposal if would pass is that correct it's your Mr as well as compliance and conditioned upon everything that was testify okay so Mr chairman are you looking for a motion okay if I can throw something out here um is your a middle ground Mr chairman that maybe um some things be granted some things not be granted make such a motion make such a motion that's what you wish okay um um I make a I'll make a motion I apologize just going to go from E thing so uh make a motion at the uh waiver be grand for the light that [Music] um the um uh grass Creed um be accepted as proposed as um you know impervious it's great I know we did that a little bit but the code doesn't anticipate the use of this grassed C PAP um be accepted as um surface for the um parking that that's the waiver to supposed to be c um but that the um open space variants um not be ground and that the um concrete on the side of the building be removed the all the mulch are is in the back she turn grass stone that's in the back the the store is grass with walkway through it um and with and that's my motion Mr chairman that the um uh this application be granted with those conditions and I would ask um the applicant if he would be willing to um acquest to that uh proposal about the air condition compressor Bill Ian sorry so are you part of your motion are you moving to Grant the VAR to allow them where they are did mentioned last time my my interrupt is mostly to ask question how would they be correct they should be moved to the back of back of the I'm not that's what it should have been installed in the first place underneath the deck everyone all over the place there's there's air conditioning units under decks I I agree and they're out of the way you know many many many uh instruction sites my my motion would include um my motion would include making a comply code which should be 6 in away from the building not putting the back that's what my motion would do as far yeah but then they're too close to the property L you're too close to the proper line to begin so okay I I I I understand what's your motion that's my motion my motion regard to the condenser units I don't understand how they were installed not compliant with code so at least make them comp code well so move but but um where they are B by doing that you're encroaching on the walk you're you're you're alreadying on that never should happen in the first I agree with you at some point somebody has to make a motion it'll get voted yeah exactly [Music] are you yes the motion is to accept the M help May motion yes first of all so I think we have to think about the motion in terms of the variances that have S as opposed to what are we doing certain construction items and things on so I think your Mo you want to Grant this wa that they don't do the light then let's think about the VAR one variance is for the open space sounds to me like you want to not Grant the full variance into the open space but that you want to partially Grant it cut it back to some proportion then sounded by the variance for the impervious coverage you want to Grant accepting as part of that Grant the calculation that gets credit for the grass Cree so that you accept those calculations and you're going to Grant the Imp VAR okay and then the variance for the sidey yard would be accessory structures of the condensors it sounds like you're going you're saying that you were moving to grant that and that you may even give more sidey yard relief than has been requested it if in order to make the condensers compliant with the construction code they have to come a little further out from the house that is correct again that was how I understood your motion you got subject to also the all the conditions that they agreed to and the things that you added where grass needs to be add was that your motion yes I apologize no no Don you always improve I was trying to follow all and you did and I appreciate that I mean that as I always do I mean that thank you now you've been listening to the motion we will propose a motion for that I would ask you want us to go forward with that motion does the applicant wish to amend his application to conform with the parameters of the motion that Mr neara has just made I'd say with two conditions we what are they one is the condenser units well we do appreciate that they were approved so they have been approved by the conu answer is you're not amending your application well I'm just saying I don't yeah you're not amending your application to include moving the condens to the extent they've already irrespective of the reason you're not amending your application with respect to the cond no what I'm saying is the applicant appreciates that if they have to be moved further out they would be so that part's agreeable I'm just saying I'm not so sure that they're correct because my understanding is that they have been approved electrical it's also possible that approval could be erroneous it is so if it is necessary that they be moved in order to comply with code does applicant wish to amend his application to do that yes got it second second one is the African wouldn't agree to remove the concrete sidewalk the other stipulations yes the mulch area the stone area would be replaced with bre so we are willing to do that just leave the sidewalk concrete per okay well so that's the application add so am right all right and the board may or may not do that right we discussion I don't want to motion out that's discussion well how about we do that I have a problem with conditions being laid on us to do this thing after all the other stuff that's been done already how about we do this how about if we just real quickly drawboard each of the four items and see where the board is and then maybe somebody wants to press a motion that complies with that Bo let's do that let's do the first motion so the first thing was you want some discussion on that first though can I can I ask a quick question before of some more experienced uh planner the pavement the reasons testified to as to why the side was not um removed the paving was not removed on the side was one The Pedestrian walking the garbage can um didn't want to go over grass but then there was that other aspect of flooding into the building but I felt like that was kind of given like as in the side is that something that is I knowa we agreed with that explanation I don't know how to say this um I think is that a real that a real concern yeah because I I have right no issue AB Victor can you weigh in on that um yeah the grass is in the right right position location I see CH that would it would leak into the all right um yeah see want to go back to my point um I still put like real grass back there and L paper box with brass going through and maybe a way to deal with that is to um approved have a condition requiring the applicant to meet with game what to meet with gay and have a discussion where they can the turning radius you know Compass to where however Traffic Engineers do that see what's really required in order to back out and pull out of the driveway Bo and I you know like keep come back to trust you g are consult to make the right decision as to whether it's possible to reduce those grass BL would not to come back if they can't satisfy him they need call that the extent of that would be left open I don't think we want to okay let's let's start a stroke over right um the first item is lighting um those in favor of waving any kind of lighting um change say I say I those not in favor hearing none the lighting the lighting portion of it would pass okay the next it we have is the um the open space he a motion to no no no question is is the consensus to the board that the way that the variance for open space should be BR should be you phrased it should be reduced not the compliant not be comp it won't comply so we're going to Grant a variance to reduce the amount of open space PS required I don't want to reduce the open space apolog I'm on open space your correting St again is it the consensus of the that the varant for open space should be BR yes yes no all right so it would be the but far from of consens right no he's making a motion then the next question was IDE ran the variance the lot coverage as modified accepting the grass pre not calculations that relate to the grass creef as part of the calculation but also eliminating grass in ex me eliminating Concrete in favor of grass and a few places build that you identifi as built including As I understood it the side yard where that concrete is right though you were let him keep that not not let him keep it right you say say that there has to be grass in the back in the front and on the side lose that conrete that was your idea right so the question is subject to those modifications is it the consensus of the board that with those modifications the variance for the impervious cover would be accept yes no now we're now we're difference between perious and perious issue against the open non SP so majority is yes on that majority is yes but again didn't sound okay that's sort of the sense of the board it bu that what you or any other board member need to hear before crafting a motion one more ask oh yes I'm sorry yes the side yard side yard variance with respect to the condensers it's question first I'll put I'll do with few parts first part is there the consensus to the board that there should be sidey yard relief granted with respect to condensers who allow the condensers in the side yard I'll come back in a second whether they need to be moved yes no I understand and then the question is if the condensers are to remain in the side yard is the consensus to the board that they should just stay where they are or that'll be the yes or should they be moved away from the building if necessary as per the construction Cod that'll be you know I'm I'm looking here I find difficult because on number three it says your minimal side yard set back where minimal of 5T is required doesn't say the word but but it's 4.5 ft exceeds and it's not proposed to change so I don't know side is five from the the concrete exp side is five the concrete does not go up all six in between I don't six in between the prop six you got the property line the fence four in in the concrete right I don't think this is right because I didn't see anything on here about lighting in the first place Thee the code requires that the entire parking are you live through a one foot minimum foot CLE the only the first two parking spaces perhaps get one foot candle my comment was that it's a residential area I need to hold that y so the lighting the lighting has p we already went went no on a yeah the question is do we want to well you do it that way you can take well separ hold on hold on hold on it's like any other piece of legislation somebody wants to make motion to something individual guess you do that ordinarily there would be a motion to say I want to do a b c d and e and either prevails or it does not and I think I think that's probably the right way that would be theary way chairman I don't have problem with that I just want to make sure everybody understand like since okay everybody's okay well yeah different people who have different views this right where the May's go different people who have different views about this they're going to have to decide what their old decision is on the vote goes as you described each of those actions like if I'm going to vote Yes on impervious it's with the conditions now I know somebody can just make a motion I've made a motion make a motion to but Bill why is this different than any other application why are you making as except though except though then you said you know I don't want to just make motion that then it's going to get voted down I want to hear what everybody thinks about the constitu parts of my motion but it's complicated I agree it is I'm not criticizing your thought process fact I agreed with but now you've heard what people think do you want to make a motion Mr um the only only thing I'm asking okay is you explained everything perfectly I understood what you said I'm in favor of this resolution as it's now proposed my question is I want to make certain that the conditions that with the granting of these Varian is that each of those conditions that we stated go with it to say again motion can't be yes or no I'm kidding I'm kidding I think your motion is lightting Grant the open space variance as requested Grant the lot coverage variance subject to the removal of the concrete in the front the back back and on the side and as part of that lot coverage variance going to accept the use of the rest Cree as that impacted upon those calculations that you're going to Grant the side guard variance to permit the condenser units in the side yard but if the construction code requires that those dener units be a specified distance away from the house that they be moved that distance away from the house even if that is a somewhat slightly greater intrusion into the side yard 7 and further that this is all subject to the comments in the harbor report of February 26 2024 and the testimony and concessions and conditions agreed to by the applicant and the applicant professionals during their testimony this I think that was your motion that say a very good motion I will I will make that motion okay do I do a second second okay looll call please mayor bloock hi Mr kabano no greed yes M Mr head hi Mr Barkin Mr McCormick no Miss Bianco hi and Miss hi okay thank you there are a lot of uh a lot of items that going to have to be addressed but uh thank you yeah five minute break minut recess thank you sorry got a long one tonight that's okay yeah you hey this is a good meeting I know you were on a planning board how long you been on a planning board okay that's nice that's good my uncle he's on the PED board for the city of Lyndon I'm be like I know your meetings was like this L I'll talk to you about Lyon on the side right later I'll tell you how how things get done okay slow s to K the heck out of that one didn't we [Music] are you yeah you're not recording or anything no I paused it yep still I'm still I believe you but I still don't feel comfortable look that's a smart way to say yeah I agree it saw yeah son nor they want you to screen so if you were in the CL looking at your property driving by they want fre so that the people riding in the train don't see anything just I was in the for three days I did it first you okay folks Let's uh let's bring it back to order um and we'll go on to our next application that's ke caseb 24-1 and that's 110 South Avenue and uh we have our Representatives here it's it's okay I'm going to repace myself yes Mr we have a tonight so we have how many voters that would mean seven I think good okay super majority uh yes Gary Goodman on behalf of the applicant uh principal uh is here his name is Joe chy uh this is a youth variant uh building is 110 uh South Avenue it's 19,000 building those of you who know it uh next to the lot super market area uh building is built uh so that it fronts on the side there's a Shar driveway with the neighboring property uh the um zoning is a community commercial which uh would be for retail retail Service uh unfortunately this building does not lend itself to that uh the use that it does uh I think our professionals to show is for a warehousing and distribution and our applicant the applicant is the owner but what we're here for is uh the middle space which is space a space b is the space in question at Le 5,000 change square foot and there is a fening School in space c uh since the application was filed uh space a which was a warehousing distribution use came vacant and the U the uh use that is here tonight for space b uh was in a position to take a and is looking to expand this non-conforming use into space b so he's already presently there this uh this um use was approved by your zoning official because the uh use was similar to the vacuum uh warehousing and distribution that was there uh before uh however space b the space in question uh had an auto repair and so uh even though it was a non retail or service Community commercial use uh the industrial type to use was different than the warehouse distribution and so your zoning official said that we have to come to the board for a use variant which is why we're here uh and the rinkal that has occurred since filing is that the applicant is trying to get his existing tenant in space a to be able to expand his use into uh space b um I would like my first Witness Joe tury uh who is the owner of the property through the LLC that he operates Joe spell your name give your Joseph last name t r addess 1758 M tery you are the owner of this property yes and when did you purchase it November 15 uh everything that I stated to the board with regard to the situation while we're here is accurate yes uh since you purchased it you were made aware of a prior application in 2022 which had a number of conditions right uh and you uh will abide by those conditions if any of those conditions have not been complied with correct yes question okay open maybe you could just tell me a little bit about what you what you there well they we brought the actual applicant uh I mean Joe's the applicant in terms of the owner of the property okay however the tenant who uh is going to come in uh is here to give testimony to what he does okay so the warehouse distributor that's in space a that wants to go into space b is present and will testify uh and be in a better position to answer your question thank you okay I guess I just wanted to be here and meet everyone and say good evening um was looking forward to coming here for a few months I know it gets hyp take around that video year um and beginning of the year um so we've been patiently waiting for this night um and one of the reasons why we invested in this town in b um was because we've heard great things about Garwood um actually Anthony bone was my attorney um lives nearby and when we he was deciding between a few properties to buy he told me that farwood you know you got to find I'm looking forward to working with you guys on this project other projects great thank you Mr just for the record you're the owner of 162 165 Howard Street LLC yes and that's the entity that owns the property in question correct thank you yeah I'd like to call our next is p churn how did I do on the name CH you saw Le s Refirm T your MTH give before this board will be truth the whole truth and nothing yes please spell your name and give your address father chair 145 East bro Street Westfield New Jersey 079 could you spell please c h e r n y k h thank you Mr can you tell the board what business you have and what you propose uh to put in space p and perhaps done what's already in space a um so we're doing distribution with order uh merchandise from China by container uh we order from manufacturer it's general merchandise P Goods toys Electronics uh small appliances and um we re the containers like once a month we Warehouse Storage storage and uh then our customers store owners like discount stores they it up from us is there van C and so it's a distribution of household items that's what we do and we've been doing it for a few years we have our own store in Bon and uh we Supply our own store and we supply stores like us uh we need more space why I want to extend from space a to space b because there's more much it's already one that's basically the idea Mr CH how many uh um employees do you have uh currently we have one fulltime employee and are you present at this site as well yes it's me and my partner uh so are all three of you and there at the same time um it's either one of us sometimes all de uh and with regard to deliveries uh how often how many times a week do you get deliveries uh incoming uh we see only with one container from China a month and then our we do so the the container comes in on a on a truck yeah it's a FL bed Tru it comes we unload it right the way Le he Lees yeah and as I understand your business uh in the old days they referred to you as a jobber you're the middleman you get a large uh group of merchandise and then little stores come and pick up their merchandise and those those customers of yours who come to pick up and you give an estimate of how many times they come to the site customers a day five days a week and the type of vehicle that these smaller customers come what type of vehicles do they uh bring to the site so they use their personal vehicles like SUV or then some of them Rent U TR they have small Vehicles like big up Tru 7900 and this space feed you now want to put to the same use 5,27 so you're doing a little bit less than dou equ correct and you anticipate that with the LA you're going to have significantly larger number of customers com not significantly but it's going to be gradual increase like slowly of course we're going to increase our sales we just starting here in G we're going to extend our territory if I understood you before the maximum number of employees including yourself and your partner that would be there in any given find would be free is that correct uh we might hire another guy like uh for our office position for the internet so for now it's going to be one maybe year after few months it's going to be another one okay what I'm ping at is the number of parking spaces that are required for your staff so it sounds like it would be four uh oh yes and what is typically the number of customers that you have at your facility in any given time I would say why because we we work by a forer we manage them so they don't come all at the same time uh and I would say one for time thank you so they only come by a point anyone else so do you actually have vehicles yourself yes so how many how many vehicles what kind and how are they use um I have a v Mercedes printer uh I use it transportation and customer need to deliver I use it to deliver I think I should be more specific you trucks no just the okay have you been in this space since November space a I'm sorry Father space a I knew it before yes B that oh January 18th is the is the approval from the zoning officer okay that was the vacuum right right vac Advantage right um I had one other thing left that's it for now I think it off before what else I just got something with the big back of bill so I'm looking at the attending questionnaire that you filled out it says um the tractors are Park are they company owned for use by Company employee drivers are they independent contractors and there is yes and yes you said you didn't own any you said you only own the B so what's to deal with are there any tracted trailers that are going to be left on the property um that's when the delivery from the port coming they're going to park in front of the building like squ to unload it quickly and then they they don't actually F there over time just takes us from 1 hour to two hours to unload and that's what happen okay and what are the daily hours of operation and the days of the week so Monday to Friday 95 that was my other question so I appreciate that uh now I'm looking at some some truck turning radius diagrams we have a j dager who is ttif I'll have some questions about that anyone else anyone on um in the audience Mr I have a quick question uh is is there going to be any changes between space a and space b is there there's a wall existing between the spaces I assume are are they going to remain there's a temp we got so it's going to be through combining the spaces yes else at this time I'll open up to the public any your audience here or online not online okay thank you uh at that time I'll close it and uh thank you for next witness than tiger s a g r and 17 Tre drve thank you Mr ster you want to give your call appications to testify as a traffic engineer in the planner yes I a licensed in stadi bgy as a professional engineer plan testify for this Bo those those two uh aspects uh for this Bo um and I have a civil engineering degree py master degree same thing and professor and your licenses are all current yes Mr chair Mr of course well I recommend you accepted as an expert in traffic engineering probably do a little bit of civil engineering traffic engineering right okay all three uh tiger let's focus in on the park I noted you did the prior testimony on the prior application 2022 for fensive school yes yes uh could you give us your analysis of the parking requirements at the site and what you think the impact of this expansion of existing use will have yes and I the board this is the same topy the board has for the application I just hold it up just to be able to point to something um see here at South Avenue at the bottom of page there is a driveway that's easement with the property next door to the to the West uh that enter the site and then uh journey into the site in a Northerly direction to part along the front of the building question side that building um the um there's 21 parking spaces uh along the front at that location we're not making too much improvements certainly not making any really any changes to the exterior of the building at all the only thing that we're enhancing um basically the recommendation some discussions with your professionals uh is on another that I provided uh some Landscaping the only uh opportunity we really have in the landscape are two all them Islands on the south side and the north side and we're going better to Bear dirt now we're going to planty in that location actually uh Str now Universe um on seen SE green J which are evergreens uh they grow about 24 to 36 in high be planted about 18 to 24 in uh as well the other is that we were going to put um a p them down lighting but the mounted one two 3 four five lighting right now there really is no Lighting on that on that PL it's dark and as you as you well know F in school there they School AG kids that out have cars do their thing and then come back again so certainly lighting is a good aspect to sa enhancement uh to the site itself complies with your ordinance standards for light have from one foot CLE to twoot candles uh in the in the parking area it does not project itself beyond that but the only projection would be within parking area for the for our na to West U so those are the only changes I believe they not Chang so speaks and and safy as well um the beauty of this site as we've thr out in the previous application notes Here in a fencing school that fening school really doesn't start until 5:30 the classes for the kids there is a small class of two three children U between 4 and 5:30 but that's I said that's very uh small when you get to up to 16 class of 16 students that start 5:30 and you heard from theal um he shuts down at 5:00 so just as the previous um application for the fen capability of share parking between all the tenants very well um the warehouse use will be shut down uh and in by five 5:00 and the school doesn't start until 5:30 and then vice versa during the day the school is essentially closed except for at 4:00 530 small class when uh when the warehouse is in in here uh or in operation um the parking uh requirements this building is n uh 19,000 ft Plus or miles and if it were to be used for permitted uses retail oriented service oriented uses that CC all allows we would be 90 paring spaces and Half Point month and there's no place else to PL Park on site so and I'll get into more of the planning use planning aspects engineering part of it but we wouldn't be able to comine with the uses that are permitted CC D and have sufficient car we be Mar depends be with the um proposed Warehouse use we have the fencing school have the warehouse the warehouse use requires uh requires for for the sweet a that currently operating now as it was with the vacuum vage vacuum it required four parking spaces bed on the one space for 2000 square ft and was proposed for so it's not changing any way the car tech site we that for was car tech C um was carair that required at least eight part work on in there uh but based on your ordinance at a minimum it eight bases the parking parts for the uh for the car care is three parking spaces per day parts that are work on and one for the employee that and there's at least two locations inside the building that they used to work on I I use it in order two uh station and that to the eight what's proposed for the ordinance is for from the the operator that space uh be uh would be less important assumed in the in the um Suite A requires more parking spaces B requires three parking spaces for but he only has say four people time meet four soing actual but I think the key point is parking is reduced from the car tech repair uh car repair of eight parking spaces proposed Warehouse or parking space so parking demand be um in for the previous application for fencing um school we did did some parking counts and we did for this application well cing school again does a start till 5:30 it's in the order of nine to 10 cars park here anyone time mostly drop off pick up by parents School the school children but the of the children uh the vast majority of of uh students at the defens stool are of thee less 17 so not rid there I think one or two places that and it's a small group that does convene at the some of them so very compatible uh in that sense before I get to the planning if you want stop yeah any questions of this sness see known anyone in the audience or online have a question of this specific witness noine no no okay thank you we'll close that okay you know um one thing I I neglected to talk about was the um the the trucks um the tractor trailer that used is a point foot trailer and what I had uh part of the application was to make sure that uh that truck get in and out of the site and I and I did I did prepare and this is prepared by myself of that 40ft tractor trailer coming into the site at the driveway of South Avenue um and then leading the site as well on to South Avenue at the main Drive and then also maneuvering at the rear to get into the loading uh loading P back um and these are very conservative um turning temps because they are what I use was Highway roadway turning temps for this truck where the truck is continually moving on the roadway as you all know we've seen track of trailers come up to to a point where they need to maneu play stop and we all done it with our our cars as well stop turn our wheels and then start to move at the site I didn't make that assumption I used that very conservative assumption that these trucks are constantly moving not stopping and then turning their steering so the movements into these uh into this loading P can be very much tighter than one I'm taking here but based on the conservative U analysis um they are they are it works it works well these are based on the American Association State Highway officials so these are the standard tools that we use design roadways highways and parking questions about I want to discusser brought up the Mr CH those containers will not be stored on site overnight that's that's yes they will not a matter of hours couple hours that they'll be out and then and then they're out of question yeah so the operator said something about it's going to pull up in front of the building and they're loaded so that's going to block the department SP my recommendation that does not and you know I will work with them tell that Us loading in the back yeah so and then when I'm looking at your diagrams here 40 foter to be seems to be old day what size of the trail instead are going to be coming in here because I see you put in a 53 footer and um it barely can make the turn it can't make the turn in from westbound yeah that's come in from the Eastbound and cut across so it cuts down the angle to get in and then it can't turn west down coming out it has to go East down because it's a very tight squeeze that's that's a I'm familiar with that that driveway area that those diagrams if you do have them they may have been something I sent to Victor for discussion purposes we're going to have 40 foot containers those are the ones that that and it's going to come in on a flat B Because is it from the port is that what it is one of they're going to be basically 40 Footers yes and they're going to go in like you depicted in the first thing they're going to go in and back up back up back so what is this being here on this particular one number three I guess Circle down the bottom right hand corner so you show five movements yes so it's coming in it's cutting over to the LA yes then what's it doing it's backing into the bay yeah so I'm I'm actually showing if you watch you read the Numbers number one is where it starts he goes to position two in the back and then he backs up into the into the um into the loading do so one two and three gets him to the gets to the Loading yeah so what are four or five for yeah that's a good question I think what it is was if he didn't go into the loading do and he wanted to park in the area on the side which he most likely will not do he right up against the railroad tracks then cuz I know there's a drive there's there's a large door entry on oh over there also around the back yeah around the side yes I oh in fact it's right where the concrete is in the on that side of that page that's where that loading is I just gave that just to show that if and we weren't sure at the time whether there might be two trailers at any one time which not going to be where that where that a second trailer would go so it really was just theide 53 can't do that no that's exactly so okay you you are absolutely correct and that's uh yeah and that was the purpose of comping those 53s to show that they would but in this but I'm still concerned about pulling up and blocking the and as I do too because that trailer will be there one two two and a half hours and they're blocking the so we have a better place to put them and Mr chairman Mr stiger just to continue along with that I'm a little confused are we talking I'm confused between the size of the trucks we come at a 40 foot container no 40 foot container 40 foot uh trailer 40 foot Trail so they are tractor trailers tractor trailers so it's a 40 foot box yes yeah 15t caor for a total of 55 yes that's what was your testimon about the other one is a 53t box plus the trail notation for that fact okay how's the interior of the building work in terms of your client is taking proposing to take A and B C is in the back where loading docks are how you move material inside from loading dot in back and bace a and I don't know I don't have the interior of the building I think the question is uh is how if the if the tra if the trailer is in the back loading how does material get into a and b because I guess the point is defensing school school is where the it's in the back yeah the back Advantage they're they're in Advantage backing which is in front so how do you get through how do you get through the fening spool that you can't do that from the loading bag well they can't an no you can't you can't get it out of the truck because you're in the back loading bag back up you run into the garage and the bumpers for the loading back I understand so Mr so they would have to be in dve I hear you in the middle of the driveway so currently in in the space um it's the buildings are be configured in that I guess it used to be multiple spaces and then it was two spaces now we're back to three but there's a there's a drive in in the back of in the back of the building in back of the fencing um and then there's two driving Gates one for a and one for B one was for car right had Drive in front of the yep so there's a way internally so there's a way internally to get the goods between the spaces once they connected okay so it's long as they're going to be backing up to the loading dock yeah out of the way unloading do whatever have to do they can get their stuff to where they need to inside the building without having the block yes the parking blot yeah and another and maybe that's where where I was going with the steps four and five is if they did just partner the side yeah that that won't happen so an answer there fig I couldn't see them stuff out of there unless it's got unless it's got a lift gate on the back of the thing right and and a and and a box from the port don't have they don't have that so just a yeah so he have to have a what forli forli to get good okay you said that in one of your things so I make sure again you say side here we can we be consistent rear of the building okay that's where the loading dock is yes and when you were saying side you didn't mean the side a building you meant the rear the building rear the building of the Northerly the nor nobody going around the the there is another legal side yeah I know there obviously a traffic trailer didn't to get over there no but if they using you're using a for Clift they can pull it out of detractor jail and drive it in you okay is that your tesy that's planning I'll be Tak all right um so so we are asking for a use variance uh on on this site and the planning proof that I had we have to meet the en criteria of the positive criteria using G as well special special reasons and then also enance negative criteria that no detriment to the Zone plan Zone coordinates so this is a unique piece of the property um as I said before we use before The use of as a warehouse which is a non-permitted use it's taking over uh a non-permitted use the car repair is not a permitted use as well uh I think the warehouse use is are much more uh less intense U generally less noise generating parking the um the carair uh as well so there'll be less uh less issues with that uh if we were to comply and put permitted use in this building be insufficient part to accommodate that particularly in in Te space be um the special reasons and the enhanced posi criteria I use the municipal L law uh with the intent and purposes that that promote uh the General Health and Welfare um safety and health and morals of of community and I pointed to purpose a which is to encourage Min action to by the appropriate use or development of all lands of the state and to promote the public health safety welfare uh of the of the public and this proposed use is equal to or less intense than any of the former uses and compatible with the existing use of the uh C provide adequate light air and open space we're not we're not uh expanding this building that not making any Chang to get building except for out the lighting Landscaping the existing site will not be altered or expanded and then except for the side guard shared with the LI off the front and and West Side yard are sign exce we exceed the ORD double or triple um and then e for purpy to promote the establishment of appropriate population entities and concentrations that will con contribute to the well-being of persons neighborhoods communities regions and preservation of environment and as I said before the purpose the proposed use uh is less intense than for former use there no expansion of any fous cover and any landscape areas to the site or improving the site um safety of the site by by buing adequate lighting as well and lastly fourth purpose that used is M to encourage coordination of various public and private procedures and activities shaping Land Development with a view of lessening the cost such development and more efficient use of land and the proposed use that more is uh able to reutilize the existing building structure in an efficient manner with no need for any expansion of psychic movements particularly parking space which you really can't anyway so I believe that the above that those provide the positive criteria special reasons um for the granting of the use variants and in terms of the negative criteria um the proposed action provides a use of the property that is low intensity traffic and parking compatible use with the fencing School uh and and the abing properties as well because they are of the same nature in terms of being industrial our neighbor is the LI is not but the LI does have practice rails that us uh it's certainly something that very very active uh it is it is consistent with that's use of of of the site in a safe andent manner um and I believe that the USS can be granted without substantial to public good not not substantially purp of the own okay thank you any questions from the board members Mr ster as you know we hear the same testimony from planners the time that criteria so these are not Goa questions these are questions I think you answer say um and I'm curious okay because you know because it is a use f so I really appreciate your thoughts on this you indicated the property is unique how is it unique well it's Unique that it has an existing building that certainly has in insufficient parking closly insufficient parking parking to a common day permitted use I think that in itself is um the other aspect of it it's bordered by the railro traps in the rear it's uh bordered by a stream that's highly uh landscaped with the Evergreen um plantings it's hidden so in terms of being a retail or service use that's going to draw the general public in that matter exposure is not the Ence for warehouse use perfect because you really can't see it from South Avenue so it's really not conducive to a permitted use all right um so okay indicated it's Unique um you find it to be um particularly suitable for a non-permitted use or particularly unsuitable for a permitted use I had to say it twice too suitable for a permitted use un suitable for and more suitable for a non permitted use what's being proposed you also find the fact that the I think correct me if I'm wrong in this the tenant tenant a is is nonconforming by virtue of being a um uh well well hang on I got the one term I don't want to use a pre-existing nonconform continuation of pre-existing nonconforming use correct the area in the back is non-conforming I think this board granted use gu right what we're really talking about did we say that was pered requ parking um I could be wrong Mr fr appreciate your thoughts I thought not foring news too I just remember the guy came in do because is it unusual to have a nonconform use in the front through pre-existing nonconformity nonconformity use in the back through versure granting use variant and just having 5000 foot middle that's right now unoccupied yes but it'll be the same as the same operator well okay um that's fine everybody would be surprised if I didn't bring up a couple things that I always bring up no no and I I did smile when you said everything in front is Evergreen I'll stay away from that more poison ivy there and everything else but I'll stay with you now um the question really is um you know if this if I haven't used the word sheet tree all night um you know if this was I'm looking at the code here okay in a second if this was a new application okay new use um and you could I'm sure you could tell by the last um planner um I don't necessarily go along with well everybody else has this so therefore we can do it um you don't have any trees on the property your the owner doesn't have any trees in this property at all if if this was a new application um you would be required to plant trees I would appreciate your thoughts on if the um planting of some trees would be a benefit to the property and to which perhaps might go to um public benefit um we could give you the numbers looking at them here find them plant some shade trees on the property well what we were thinking of that in that aspect is there is a a missing um piece along the frontage South Avenue you know and there's a series of Hope if you're looking at Google or street view no no I'm looking the code oh the code okay but along along Frontage in the RightWay there are Street trees I'm going to say probably 40t on Center 30t on Center but towards the driveway there's a piece missing and I think two shade trees at that location would be ideal to complete the set of of shade tree a line of shade trees along South AV across the front if we were to put them on the inside I took a look at that build you either have to move the parking space or two or we be in the way of the maneuvering the truck so really do that P all Mr I don't have Point as you know I don't want me to um if if the applicant proposed plant some Street trees Mr chairman more than happy to no really yes bill this was brought up for the fencing place they were supposed to do stuff but I remember they I don't think I talked maybe they did and that I'm sure that'll be if this approved that'll be part of the condition but if it is or it isn't twe I'm sorry resolution supposed to do and testimony was that we would comply with whatever agre to but we just wanted some clarification what you gave well I'm confused so if you're proposing plant two Street trees great go for it um but you testified is's more than adequate parking um so if we're going to lose a parking space I see that as a detriment and you know I'm going to push as much as I can for two Shad if this was new requirement would be read for 106 116d one shade tree shall be located around within apart and lock every five spaces for 1500 square feet of Cav surface whichever is great so how many spaces did you1 I mean I'm I'm aable to you know what would work yeah um I'd say we'd have to lose U probably two parking spaces whatever planting where you planting juniverse yeah well that's what I was looking next next to those half junipers there in the island but removal parking space and put a tree in that same probably Landscaping also we that the that necessitated parking variance you already are you already are so Mr chairman I would I if my fell board members would compare with that I would ask that those two trees planted and we lose two par two that's what you said Mr well you I think for the ordinance we need four Tre for the ordinance we need for this is the new situation and since it's a use variant so I'm kind of I I would prefer to only do I think the parking spaces are are needed we're already mostly fishing parking was no place else the par on on this site the have four people at this site as was testified to you got 20 spaces I'm not saying that 99% of the time the number of paring spaces will be more over but there may be occasion that for some reason that you need those offensive School may go out another person may come in offensive school that for adults let's say an activity that's more during the day in the evening that's not as compatible as what we now have chairman the property doesn't have a single shat Tre L I would ask much all board members to to go on for recommendation well Mr nearest I would like to question you sure for the life of this property there hasn't been a tree there so why all of a sudden do we need this tree go there in front of the board and we like to breed oh so just remember Mr that with that tree comes falling leaves which comes a blower so be careful what you're wishing for that's okay I'll accept it and they are they are going to put two trees in the front but you're saying the two already that's heard there any other questions from anyone of the board I don't I just want to I think that we need to lose two parking spaces there there isn't enough parking as it is but they testify there is enough parking yes but there is enough SCH where they have a lot of people like tournaments or competitions and there's only 21 spots there they're asking for use RS how are they benefiting the community right now they're not giving us a single public benefit talk about negative impact you talk about balancing there's there isn't a single public benefit that's one of their requirements when you're going for a Ence and they can plant whatever number of junipers they can put trees in the same spots you're putting junipers you mean said sure you're not talking taking that be maximum number of spaces that they I don't think L that sound like toose they most certainly could I'd rather lose two spots site we only need to have need far less far fewer not having but again keeping in mind that you have a fencing School in now but that doesn't mean that in the future might not be something different they' have to come back our our proposal and response Mr that is to look at a landscaping prr in the front of the building it provides more trees I think the public benefit of putting those sou missing offers the Ben the public to be able to see it and and and appreciate it two trees in on that site that's not visible at all from southen for the two trees were already required so are you saying Mr ster more trees in front in addition to the two that are already required or you you're saying we'll do the two that we're already required that you're not offering anything new right Mr Goodman offering two more in the front if we I'm not a landscaper but we what we would do is work with your planners your engineers and determine where would be best to add in addition to the two we we have agreed to additional two but I think that parking spaces should be preserved have you satisfied that that the parking space is be preserved that what he's saying is that they got to figure out they got to put the two that are there and they got to figure out a place to put two more right yeah the two the two islands that were talked about there is one that I'm going to say 8 n ft wide that's a nice chunk of open area to put a tree that's going grow the other one only we put a tree in there I don't know how way it was was said ultimately came out to put in there figure out put that's um any other questions from anyone on the board um I don't think I agree with Mr near that but I will say this as a planning board member it's very nice to see people come in front of us that are professional put their point out I mean I give you guys a lot of credit so I just want to make that clear and I'm and I'm definitely in favor of this [Music] application okay um at this time seeing no more from our board um I'll open it up to the general public both uh in house and online I don't see anybody online or in the house and I'm assume I don't know I don't want to screw this up online no nobody's on this time I'll close that motion do we have any other Witnesses here that's it okay great submit I submit yeah all I have to say this this was refreshing to be able to to be able to just come present and uh and go forward with a with a vote which I'm sure I'm going to have a a motion very shortly um for one of all board and uh we will we will have a vote and possibly end this meeting by in 45 so with that do I hear a motion to accept uh this Gabe right with this sorry is C okay with all this yeah the only only recommendation I would suggest to the board is make a for no overnight storage containers on the property that be condition that motion second we have to St a motion back up so I think is making a motion Grant the use varies requested warehouse and distribution use including milary and final site plan approval and the associated parking variants subject to conditions that the applicant will install the already required to trees and two additional Street trees and further such as to condition there shall be no overnight storage of no overnight parking on site of the containers and there all conditions that were imposed previous application also thanks you're a second call please Mr hi yes M Mr hi Mr M thank you very much Mr Goodman please have the reporters if you want a transcript want resolution at the next he me that with that um who we have some old business here on the agenda I don't know if you want to elaborate or not which old business P patri oh really thank you really construction the layout the same the footprints going to remain the same but she wants to not do the apartment at this point time so she if you wanted to come for that you can't you have to have repr you should at least we your architect show how the building will look one so she's going to make that application and come back to because the zone you time the approval doesn't last unless we change the Z Technically when you get an approval from the board it's really good properity unless the municipality changes the zon doesn't protect the zoning change so I told her we have no we're not contemplating any zoning changes in that area at this time so she let the application last we come back Bo new application it's the same exact footprint same exact plan with that a second mon okay great thank you okay with that uh I have bills and claims wait hang so they're on that that they have to submit a whole application pack I told Amendment to the original application so the drain stays the same because Steve pal was trying to figure out is it just okay with some kind of letter application as opposed to a full application I recommended not doing it that way just doing one sheet okay because they have a full application it's been approved we're not deviating from that but at least they should show the board an elevation a depiction of the what the building will look like what I'm saying is so I tell Hil you have to sub an application an amendment to the original application yes an amendment to the original they have to pay all their fees and all that right I wouldn't say the site plan fee because that was already approved so the site plan review fee I would kind of just wave and just come back for for an amendment we can figure that out something much less than a site plan because the site PL will remain and I assume Mr H knows they'll give take a time frame for these phases this well I don't think he's going to give a time frame why would you need a time frame on that means so that means the Departments aren't going to aren going to may may not it's not you know they come in for a phase plan for a pH plan that's a question who have the own maybe he's I don't know what it is all right so they got submitt now okay an amendment to the original okay okay at this time I'm going to open it up to U the general public for any U do anyone to address the board both um inhouse here and online no nobody everybody sleep and lastly we have some bills andam um and so as har Consultants 362 50 $290 uh $145 $435 $1,160 8875 $72.50 $ 78750 $1,952 $77.50 and $2,840 that should suffice with that motion make that motion all those in fav I oppos hearing none motion carries now do I hear a motion toour I make that motion discussion all those inor I okay we thank you