we're ready okay okay we will call the meeting to order if we can have a ro will be here like two minutes okay goo's coming yes big night said he's three minutes start yeah okay okay um I was about to say CLA um Nicole can we have a roll call please Mr here here hereon Mr here Mr Mr here here here okay if we can stand for the salute to the flag I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all okay the notice requirements of the open public meeting law for this meeting have been satisfied a copy of the notice having been sent to the Asbury Park Press in the coaster and filed in the office of the Township Clerk on July 21st 2023 there is an emergency exit through the courtroom doors and two exits at the rear of the room there will be no smoking no new cases will be started after 10:00 p.m. and no new testimony taken after 10:30 p.m. all meetings will be video and audio taped and shown on the township of oceans Community cable channel channel 22 excuse me on Verizon FiOS and channel 77 on cable vision would you like went down the wrong pip one second sorry all cell phones must be turned off or if you need to make a call please make your call outside the room we have a resolution for memorialization uh Kenneth to 7 Oakwood Avenue block 12.07 lot 5 and Michael GSI 78 cold Indian Springs Road Block 159 lot 43 amended and I will offer you go over them separately because I think there's different votes oh okay sorry because there there were different meetings yeah just do and who's eligible not separate and just do okay just do each one separate then there you didn't if you were not on the application at all just sayain no votes remember uh we'll do uh Kenneth toell first all right so Mr fer yes Mr Doo come in yes Mr DMO yes Miss Litman yes Mr asazi yes mrar yes Mr yes Mr yes yes next is Michael GSI n offer second Mr Fuller yes Mr yes Mr yes Mr ashaz yes mrar yes yes Mr yes yes we have an administrative approval request the applicant is seeking administrative approval for modification for Briel Avenue LLC warehouse and car club Block 184 L 1.01 application is requesting a modification to install the asphalt roll curb in Li of the concrete curbing originally approved by the board of adjustment the attorney representing the request is Jennifer es kmco good evening Madam chair members of the board typically this isn't something that would come back but the township engineer just wanted to make sure everybody was okay um essentially because it's a car club and there we expect to be expensive cars there they were concerned about the vertical curbs and cars hitting them and popping tires and the like so what they're proposing is just a roll curb uh we did submit a detail but I did print copies just just in case you don't have it as well as pictures of examples I'm not going to move them into evidence cuz it's a administrative matter but just the first is the um a photo of it the second is the comparison of the curve detail and then the last one is just the uh site plan sheet stick showing that it's around the perimeter and that's really it it doesn't change anything with regard to drainage or grading or coverage or anything it's really just aesthetic okay Mr Higgin and Mr Matlock uh I have no comment it's an engineering issue uh the the just to clarify the I know the statement you read said asphalt curb but the detail is for concrete curb uh which is preferred um and there's nothing in the ordinance that requires a specific type of curb on a private site so I don't have any any concerns with it okay and okay this is the same one we received upstairs okay any questions from board members okay um any questions from the public questions or comments I would ask okay motion to close the public hearing it's not really a public hearing oh sorry it's just they're looking for a consens so I would ask if the board vote agrees to administratively allow it then I would just ask you to have Colleen or Nicole or Claire just do a letter to uh the township engineer indicating that the board accepted it and I think that's the only action we need I agree okay um we need a motion for approval then yes I'll move for approval second Mr yes yes yes yes yes yes yes yes okay next case synagogue of Oaker Community Inc one Bayer Avenue block 12.02 Lot 1 in the R2 Zone applicant seeks preliminary and final minor site plan approval to demolish the existing three story synagogue currently existing on the property and construct a new 12449 ft building including basement which will house 404 seats with two full movement driveways on Bower Bayer Avenue along with Bower Avenue along with related site Improvement applicant also seeks to modify an existing deed restriction previously imposed by the board of adjustment which in part restricts the use of the basement for stage only applicant proposed habitable space in basement and attorney Jennifer S crico good evening again uh for this record Jennifer kmco from an and Aaron here on behalf of the uh applicant and I know that there's a lot of people here and despite the fact that I told the uh leaders of the congregation that we did not need a big turnout apparently they all wanted to come out and see so don't be overwhelmed by the Numbers this is not uh a lot of people carrying torches here these are people that actually are congregants of the synagogue by way of very brief background oh by way of very brief background before I um start moving things into evidence as most of you know this was the little red Nursery School I know it personally I attended it in the early 70s I won't give you the exact date but uh it has it has been an Institutional use certainly as long as most of our most of us have lived in Ocean Township and uh it's 2009 the synagogue came to utilize the existing building for a synagogue for a very small contingent of uh or spartic Orthodox Jews who lived in the area when they came before this board or your predecessors uh there were conditions put on it uh one of the conditions was at the time they had no use for the basement and they just wanted to make sure that that basement was not going to be used for anything other than storage uh the building as you're going to hear is probably 100 plus years old and in an effort to bring it all up to code and make it safer uh and and with more longevity we're actually proposing to take that building down and construct a uh new synagogue since it is a new building I think that arguably that deed restriction may or may not apply since it was a deed restriction based on that approval but to the extent that it applies as you're going to hear through the testimony we are seeking to utilize that space so to the extent it applies we would ask you to remove just by way of a very quick summary uh I have here tonight Jason fiter he's a licensed engineer and licensed professional planner as is typically the case when he presents he's going to just offer you his engineering testimony to start we will then pause his testimony and allow the other Witnesses and then he'll come back as a wrap it up or cleanup hitter for the uh professional as a professional planner uh I also have uh the architect Jam Mana for as you can see with the Beautiful building uh which is actually less stories high than the old Red Schoolhouse was the existing one was three is three and we're proposing only two uh I have a traffic engineer Gary Dean who will talk about the uh anticipated traffic and parking and then most importantly I have moris tavelli who is a board member of the synagogue who's going to offer you some of the background as to how we got here today and why the expansion is so essential so this congregation can continue practicing their faith so with all of that as a background uh I'd like to move some things into evidence if that's okay with you yes okay A1 is the survey by Insight surveying dated 1 12623 A2 is the preliminary and final major site plan and just to correct the agenda it's actually a major site plan not a minor based on the increase in the building size as well as the parking demand A2 is the site plan revised through 41924 A3 is the traffic and parking study by uh Dolan and Dean and that is dated October 3rd 2023 A4 is the storm water management report by insight and that is revised through April 19th 2024 A5 are the architectural Plans by Jim Monta for's office uh dated 10:19:23 in addition to those and those were all on file and should be part of your packet we do have some additional exhibits and I'd like to move them in and then I'll I'll start handing them out uh A6 is an aerial exhibit by uh Insight it's dated 32224 where's Jason [Applause] you want to play Van yeah that's a six A7 is a color rendered site plan overlaid on an aerial what I'm sorry what was A4 A7 a color rendered site plan on an [Applause] aerial a88 is a congregant exhibit showing the location of the synagogue as well as uh marking the properties of the congregants in 2024 within uh a half a mile from the property and as you can see underneath it has in parentheses [Applause] 212 and then this is not a new exhibit but just to the extent you wanted a closeup version of the color rendering I printed those out for you as well and plus that way and are you going to Mark the color rending it's already oh no I didn't mark it you're right that is a [Applause] nine might be doing a lot of work to so Madam chair I did get I think it was either Mark or gy before the meeting had indicated that you're going to dispense of the way it's typically done before I assume that I wanted to check with you yes that's fine so we should just begin okay fantastic not you on Morris come on up [Applause] see yep uh chairman chairman will have you swear or affirm whatever you're most comfortable with okay and if you can raise your right hand do you um affirm to tell the truth the whole truth yes and if you can please state your name Maris tabell okay and Maris I know that you're going to go through it with your statements because we worked very hard on your statements together uh but you are a member of the current Board of Trustees of the synagogue who is the applicant owner of the property correct okay so why don't you uh share with the board your thoughts about why we're here and what your role is in the synagogue and why this expansion is necessary great thank you Jennifer good evening it's the members of the community board I stand before you today as a proud member of the oakar community deeply invested in expansion of our beloved synagogue of Oakhurst Community Center my name is Mars deell and my journey in this neighborhood began in 2006 when my family and I purchased our home on Lewis Street seeking a place where we could not only live but also practice our faith with devotion and sincerity when we arrived the landscape was different and the Orthodox Jewish presence in our neighborhood was sparse as a devout Jew one of the primary concerns for me and my family was finding a place where we could partake in Sabbath services and celebrate our holidays in accord in accordance with our Traditions the synagogue or the sh as it is affectionately known quickly emerged as the heart of our spiritual life a sanctuary where we could gather with fellow Believers seek guidance from our esteemed Rabbi part part take in charitable giving and nurture our souls through prayer and religious study when I first moved to the area I remember that first summer in 2006 my wife and I and our four children moved into the neighborhood and a relative of mine mentioned that there was an Orthodox Jewish synagogue a few blocks away on Bower Avenue and was in walking distance for Shabbat services that first weekend I recall about half of the 90 seats men's seats were occupied when I arrived for prayer Services Friday evening the rabbi at the time Rabbi maor who also lived in the neighborhood was welcoming and his inspirational words after the services made me feel right at home fast forward almost 18 years later the synagogue has close the 250 families who are congregants of the sh and there is not enough room to accommodate all of them in the current building today our Rabbi Rabbi Ike Hannon has been a Guiding Light for our congregation his wisdom and compassion touches every aspect of Our Lives his leadership coupled with the Vibrant Community Spirit within our synagogue has fostered a sense of belonging and purpose Among Us and the residents of the oakers community Rabbi Hannah's deep ties to the community as the assoc as the associate principal of the Middle School Division at Hillel Yeshiva further strengthens our bond with the Oakhurst area as many families whose children he teaches are also members of the shul rabbi hannon's commitment to the shul is evident from the fact that he and his family purchased their home on South Lincoln in order to be in walking distance of the synagogue which is essential to the practice of our faith as we don't drive on the Sabbath or holidays our Sho must be within reasonable walking distance to our congregation throughout the year our synagogue serves as a place of gathering reflection and charitable giving during the winter months our Sabbath prayers are a beacon of warmth and togetherness with congregants walking to the synagogue to participate in the services that nourish our spirits and strengthen our familiar familiar bonds prayer services start Friday evening 15 minutes before Sunset and last for 45 minutes the prayer services are followed by inspirational words on the weekly Torah portion of the Torah given by the rabbi the Sabbath services on the Shabbat services on sa Saturday morning begin at at 8:30 and lasts for 2 hours services are followed by breakfast and post service religious discussions led by the rabbi there are also religious services for the children which take place at the same time in the prayer services where Lively stories focused on the portion of the Torah that is being read during the particular week are told congregants return in the afternoon about 1 hour before sunset for prear prayer lectures led by a rabbi and evening prayer services all of these activities are essential to the practice of our Jewish faith in the summer the number of attendees swells reflecting the growth of our community and the incre and increasing need for a larger space to accommodate our congregation however our current facilities have become increasingly strained as more Orthodox spartic families have made oakers their home The Limited seating capacity in our Sanctuary has left many congregants unable to attend Services denying them the opportunity to practice their faith along with our esteemed Rabbi and denying other members the opportunity to worship together as a congregation many other activities have been impacted as well as a result it has become essential for us to expand our synagogue to accommodate existing families in the neighborhood who want to pray with us under the guidance of Rabbi Hannan today I am proud to serve as a board member of the synagogue of Oakhurst and have taken this tremendous responsibility along with my fellow board members and other leaders of the Orthodox Jewish Community to expand our Sho for the good of those living in O the expansion of the synagogue of UR is not merely a matter of adding more seats it's a testament to our commitment to preserving our faith and traditions nurturing our community and fostering a sense of unity and belonging Among Us by approving this expansion you will not only be supporting the religious needs of our Jewish Neighbors but also affirming the values of inclusivity diversity and mutual respect that Define our community in conclusion I urge you to consider the profound impact that the expansion of our synagogue will have on the lives of all who call oakus their home let us come together in solidarity and support this endeavor knowing that it will enrich the spiritual and communal life of our neighbors for generations to come thank you for your time and consideration have any questions from Mr belly I do you mentioned there's currently 250 families in the neighborhood okay for the sergeant Martinez's report can you just for the record um looks like there's concern about weekly events or other events not occurring on the Sabbath um how many people at a time will be attending prayer studies during the week and will the synagogue hold large-scale events on non Sabbath days uh such as a wedding or fundraisers Etc because 17 parking spots is completely inadequate to service before he answers just so you know Miss we were going to cover that with our engineering and our planning but just quickly because it's a good point uh that you brought up currently with all these families that are there is it and it's going to come through the testimony through Jason but is there uh what is your biggest turnout the high holidays or other high holidays are the largest turnout that we have some months have and it doesn't mean that all 250 families are coming it just means 250 families or so consider the some consider themselves congregant correct and from a daily or a weekly prayer on average how many people come about uh couple of handfuls maybe 20 okay and currently you have less organized and less parking than we're proposing is there any issue or does everybody walk or ride their bikes most most of the congregants Walk they're in walking distance and are able to ride their bikes and with regard to other events unlike mag and David otherwise known as the West deel sh this is not a catering facility you're not going to be hosting weddings and Barba Mitzvah this is purely to allow for pre- and post religious service Gatherings that is correct so you're not going to be having events that are unrelated to a religious uh service that's correct I think that covers it m any other questions from board members and I I'll note that Miss Martinez wrote the same exact comments for the Larchwood synagogue and wrote the same exact comments for mag and David about 20 years ago so it's it's generally speaking okay perhaps we should send her a resolution or two so she understands how it works leave that to Mr uh Steinberg any other questions from board members okay thank you so much thanks Mar Jason now it's your time [Applause] if you can raise your right hand do you affirm to tell the truth the whole truth I do okay and if you can state your name Jason fiter I'm from inside engineering I'm a licensed engineer and licensed planner and he's been accepted before this board in both capacities numerous times your license is still in good standing yes okay okay then before you hop on let's put up your exhibits which one would you like um I think uh you could start with the congregants exhibit and just explain uh how that was uh created and then I'll allow you to choose as we go through all right so essentially we asked the um synagogue to identify the homes within walking distance or a half of a mile from the synagogue and uh you highlighted those and you shaded them in cyan we can argue what color that is in turquoise um I apologize for the colors on the large format it looked great on the screen I think it looks good on a piece of paper but in hindsight you can't really see that very well but what you'll notice is in the center in uh that's magenta I would I agree with that Jason yes that's the subject property and then we have a half mile radius circle around the property and then we highlighted congregants properties in say and the reason why the testimony from Mr tielli is there's about 250 not all congregants live within walk live within a half a mile some will walk farther some will ride their bikes and you know some may just come for the daily prayers where they could drive okay so I'll I'll let you having everything being moved in Walk the board through what's existing there today from an engineering perspective and what we're proposing from an engineering perspective and we'll take a pause before before you get into the planning sure all right so this is block 12.02 lot one otherwise known as one Bower Avenue we are on and I put up um the uh rendered site plan I forgot the exhibit number but um just to give you a perspective as we talked about that's A7 so the property is a corner lot with Frontage on Bower Avenue and South Lincoln Avenue it's about 045 Acres we're in the R2 Zone Zone which is known as the low density single family Zone uh single family residential Zone and houses of worship are permitted as a conditional use in that zone so a new larger synagogue is proposed to replace the existing synagogue the applicant is requesting this approval in order to accommodate their existing congregation as you just heard a statement about uh this congregation has grown since uh this building originally began to operate as a synagogue which according to to uh some past resolutions for the property was about 37 years ago the existing building itself was constructed in about 1920 which suggests that an addition is not the right thing to do because the building's now over 100 years old which means the wiring is old the plumbing is old the structure is old it would be much safer to construct a new building to the latest safety codes as as part of the site plan we're proposing an organized parking lot controlled driveways better sight lighting uh enhanced Landscaping a screened refu area and a storm water management system and we'll go through none of which exists today none of which exists today uh the existing building is three stories about 31.399839 I'm just I missed that number 39 uh right now it's three stories 31.399839 inside and outside of the building since we're proposing a new building we're going to make all new utility connections we found that each utility is available along the property frontages and will be subject to the utility Authority's Direction um on the plans we submitted to you we're showing that we anticipate that utility connections will be made uh from Bower Avenue for water and sewer and then there's a utility poll at the intersection uh where we will pull electric and communication utilities so for storm water management the property is not considered major development for storm water management what we did for storm water is we calculated how many square feet were over versus what is permitted for coverage and let me just interrupt that's not a conditional use requirement there is no impervious coverage requirement for the conditional use you're basically using the impervious coverage requirements for single family homes is where we're over right clarify corre okay yep so what we did is we designed a dryw to capture at least the amount um runoff from at least the amount of impervious area that we over and we've exceeded that because conveniently the proposed roof covers more area than we are over on coverage so simply by capturing all roof run off from the proposed roof up to the 100-year storm and sending it to the dryw well which is underground in the front yard along South Lincoln we're able to make the the property function as if it's compliant from a storm water perspective the existing roof has gutters and down spouts of discharge at grade the proposed roof runoff will be collected in the in the gutters to the roof leaders underground right to the drywell uh so that's a significant Improvement because it's going to reduce Overland flow across the property terms of parking the existing parking lot uh by my standards really isn't a parking lot at all it's just a paved area on the side of the existing building along Bower Avenue there's no striping and if we're to call uh the connection to the street of driveway it's about 74t wide trying to fit in how Vehicles would park in that area we estimate about six Vehicles can fit it's not striped it's disorganized it's inefficient and for that reason it becomes unsafe the proposed parking lot follows standard design conventions it striped for 17 spaces it has a uh has an ADA space uh it has two standard driveways both of which are 24 ft wide which complies with your ordinance we also have a refu enclosure the parking lot accommodates about three times as many vehicles it's organized it's efficient and it's much more safe due to the site constraint at the existing synagogue we're proposing conventional parking spaces at 9 ft wide by 18 ft deep as opposed to what your ordinance requires which is 10 ft wide by 18 ft deep and that's one of the variances we're requesting and we we understand it's typically granted for low low turnover uses like this um especially ones that don't have shopping carts by strict read of your ordinance we require 202 parking spaces and that's calculated as the greater of one parking space per 50 squ ft of gross floor area or one per two seats and I'm going to provide a lot more testimony on that later uh parking areas within any single family residential zone are required to be set back from the property line by 5 ft on the east side of the property we have 3.4 ft and on the south side of the property we have 4.6 ft so again we're faced with the challenge of providing for the existing congregation within the limitations of the property we believe that we accomplished that with the proposed parking lot and for that reason we believe that this waiver request is reasonable particularly considering the proposed fencing and Landscaping along the property lines refug today is collected from a wheeled can along Bower Avenue we're proposing a standard refu enclosure in the new parking lot it's screened and it's fenced and this is going to make for a much more organized operation and it's going to remove visibility of refu from the property the existing site is lit by building mounted flood lights only which is a big no no in land use our design goal was to provide Lighting in the parking lot at the driveways along the walkways and do it with downward-facing lights that have little to no spillage onto neighboring properties to accomplish this we're proposing two pole mounted lights in the parking lot they're only 10 ft high they have houseside shields we have five building mounted lights on the building they're mounted also at 10 ft high and then as we get closer to the property line we provided balled lights at 3 and 1/2 ft High they're all LED lights they're all downward facing the lighting design provides a safe and secure sight without adverse impact back to our neighbors so we're requesting a few waivers from your lighting requirements the maximum average lighting level is permitted at 3 and 1 12 foot candles were're at 3.7 the maximum to minimum ratio for lighting levels is required to be less than 12 we're proposing 14 the average to minimum ratio for lighting levels is required to be less than five we're at 5.3 maximum lighting levels permitted within the adjacent RightWay is 2T candles we're at 08 and a setback of 25 ft is required from the side property line to light poles where 4 feet and 8 feet are proposed Jason based on the size of this lot and the fact that we're talking about averages and ratios in your opinion are any of these variances or waivers going to have any negative impact on the neighbors no this is really just a numbers game as to how the ordinance is written and and full compliance would be almost impossible without having an impact that's right okay in your opinion what's being proposed is a better zoning alternative because it's lighting the areas that need to be lit and keeping the property lines from having any impact on the neighbors providing for safety without impact of the neighbor correct okay they going be timers lights going to be timers they can be sure they can be yeah okay is that what we usually require the board requires it sure except for security Li right yeah the ordinance requires that the parking lot lights be reduced by 50% once the building closes typically that refers War to um retail stores things like that but it could be um kind of interpreted for for this use as well okay um and then but providing a minim minimum of 02 foot candles in the parking lot area for safety reasons we would certainly if the board were to approve this agree to make sure the plan complies with what Ben just indicated subject to his review and approval keep going with that sure all right so all these various lighting design parameters are are typically very difficult to achieve 100% and that's why you commonly hear a lot of applicants come here and request relief from your lighting requirements the design we prepared is is very close to conforming with your ordinance provides Life Light where it's needed and avoids light where it isn't again we worked within the existing constraints of the lot geometry while working to accommodate the existing congregation the lighting pattern is substantially uniform throughout the site the solution for a fully conforming lighting plan if that would even be possible would be to add more lights which we felt wouldn't be appropriate in this residential neighborhood the lighting reference to um spillage into the RightWay is for the driveways in this case which is very important for safety so for these reasons we believe the lighting uh design wer are reasonable and the plan meets the intent of your ordinance for lighting and safety in terms of landscaping uh we made an initial submission to Planet before you tonight is our first revision um Mr Higgins in his first review letter had a lot of comments about our landscape plan we also uh Miss crico received calls from a couple of neighbors that had some comments about Landscaping uh so we took all of that revised our landscape plan we had a landscape architect prepare it which your ordinance actually requires just for perspective the original plan proposed 13 plants the revised plan in front of you tonight proposes 140 plants as well as a beautiful Nomo grass mix on the east side of the synagogue the plantings are focused on the adjoining properties in the parking lot and framing out the property uh we also updated the plans to specify All Turf areas are to be slded that was another comment that came up uh so we believe this new landscape design is going to create a beautiful and functional aesthetic Jason yes do you have a percent of Landscaping on the site that's being provided um there is I know there's some standards for percentage I don't have those numbers we did check them and they all comply okay now does the what is the impervious coverage on the site I compared to the total site 40 approximately 44% 40 44% okay I just just want to comment to the board um looking at my report my report says a variance is necessary from impervious coverage and quite frankly for this use there is no impervious coverage limitation and the reason for that is that the limitation is established by the ma by the minimum landscaped area which is 25% so if they exceed the 25% landscaped area for this use then that variance for impervious lot coverage is not necessary the the ordinance limits impervious lot coverage for single family residences but that doesn't apply to this use and that's consistent with the rest of the ordinance where if a use is not a single family residence there is not an impervious lot coverage requirement it's it's dictated by the Landscaping requirement but as was offered by Jason that notwithstanding because it is in a residential neighborhood we still propose the drainage structure so would function as if it was at the same coverage of what a single family home would be and that's under your new ordinance where it reduces the um coverage and applies it on Gross lot area instead of build lot area correct yes okay uh for signs and Jason to the extent that uh Jim has any more comments or wants any changes on the plans or the environmental commission wants changes on the variety we would work with them to ensure compliance yeah yes okay mhm all right so for signs the appin proposing a modest freestanding ID sign it's located at the intersection of South Lincoln and Bower a the sign itself is 32 square ft which is just under half of what your ordinance permits uh so it conforms with your ordinance your ordinance also permits one facade sign per Street Frontage and with that a total of 85 square ft per Frontage for those fac signs uh since the applicant has been overwhelmed by the generosity of several donors that make this project possible they're hopeful to provide additional facade signs to modestly recognize those donors these signs are focused on Bower a and the the proposed parking lot with minor additional signage facing south Lincoln you're going to see these signs on the architect's plan when when he presents them in a few uh the signs themselves are architect tasteful and attractive and and they complement the building and that's all I have for engineering from engineering um Madam chairman I have just a couple questions um going back to the storm water management um my report indicates that uh the so I know you had the testimony about uh handling the storm water management the amount of impervious over what is allowable on the lot um it's the the Township's standard practice is to address storm order management for the increase in impervious um for for residential lots and I know that this is does not qualify as a major development but is there any way to uh mitigate um storm water management and collect more runoff particularly because the parking lot it appears drains entirely into Bower Avenue yeah I mean the um the building footprint itself is a little over 5,000 square ft we're capturing that entire building and putting it underground into a drywall so there will be no runoff from that building um I believe if if it was to be analyzed we'd see that as an improvement over the existing condition I think that the runoff from the parking lot uh makes sense uh get it away from the neighbors get it out into the public infrastructure um I think that the drywell and taking the RO Pro out of it uh should be a substantial Improvement I mean I I like in projects like this that aren't major developments to focus on grabbing roof runoff and putting it underground because that is a storm water system that has longevity when you start grabbing surface runoff and putting it underground you get into much more intense maintenance requirements certainly we could do it I think that the site would probably function a lot better if we just focused on the roof um but I don't say that lightly I I say that with a thought in in mind that the building footprint itself I think is substantial from a storm water perspective to remove all of that runoff and put it underground are there um the trees that are proposed on site are they intended to be taller than the roof where you would need gutter guards and things like that or or will they grow taller than the the building itself uh I believe the ones out by the street uh would grow taller the ones in the rear I don't believe so um gutgard if they're necessarily necessary we could certainly add them yeah we could agree to that should the landscape architect confer with Jim and determine that they're necessary we can add them how are you collecting the water on the roof so the the water hits the roof uh hits the gutter or a Scupper whatever the architect so it's a gutter system not a roof drain system yes so we've seen 100-year rainstorms all over the place gutters aren't going to collect all the water they can and actually I have a note to they can if you put the a large enough gutter system on there if they're under sized you're absolutely right but we can make that work and my other concern with drainage off the parking lot so you're shedding all the water from the parking lot to the street cold weather it's going to freeze you're all your congregants are walking in and out of the site they're not driving concerns ice um I would be concerned about ice if it was an existing condition that was flat where water and snow would hit the ground and sit there and freeze we've graded this is a new parking lot so we've graded it to drain to the street so we should not have standing water we should not have that issue and where it hits the street how does the street drain uh the street has a gutter that drains I believe it's toward South Lincoln if I'm not mistaken it's in good working conditions as far as I know I haven't heard or seen any issues out there may I make a suggestion Mr de Jero we will certainly walk the area with Ben and if he determines that a um Inlet or something is necessary and we can do that during construction it can either be Ben or it could be uh the town engineer we don't obviously we want it to be safe for the congregants particularly in inclement weather so to the extent that that's needed that is something that we could add yeah I mean and I don't know we'll know that until we get into more construction details I mean my my opinion we should be collecting as much water as we can we shouldn't be shedding it through the street so are you going to have planning testimony on the D3 Varian system yeah okay little bit Mr matlack I would like to propose something with regard to the lights to you and and the board in in light of the current climate I know we were discussing lights on timers I would like to propose that um for Safety and Security sake the focus be on Safety and Security as opposed to dimming the lights low and and safety and SEC even though I realize people won't be there when the lights Get Low I think it should even the focus should be on Safety and Security of the building against vandalism at the moment if the board is okay with that and if you're okay with that yeah so the um the the ordinance section that I referenced before um is intended to uh protect for security uh reducing the the parking lot illuminance to 50% but keeping a minimum uh foot candle um ratio of 02 is intended to allow light for you know police driving by to be able to see what's going on in the parking lot and and then the other aspect of that is actually illumination of the building or you know potentially security cameras whatever that that may be um is there pip syst there that that might be something different that maybe we need to ask the architect about I just want to make sure if adjustments need to be made that everyone's okay with that in light of a current climate thank you any other questions I would assume in addition to the parking lot lighting there are security lights around the building yes which we'll stay on all night right and and the sight lighting often times can be morphed into security lighting you know turn that one off leave that one on 50% you know that kind of thing any other questions from board members yeah uh just about the garbage pickup is it moving more towards like a commercial garbage pickup where someone's going to come collect it or there still going through the town that's a good question I don't know if it's going to be public for private uh the refu enclosure that we designed could accommodate either it could accommodate cans it could accommodate a dumpster so whatever works obviously if if public pickup is available that'd be the preference if not um they can do private pickup all right just if it's private just make sure the timing aligns with ofal garbage pickups yes of course and would there be any temp structure built since the structure is coming down completely would there be a temp structure bill for work it's a fantastic question I I it's a question I don't know the answer of why don't we call it Mr tabell for a moment I just I don't know if it affects any Varian they're building something temporary on on the site or anything we've we've permitted tents holiday it would be it would be a tent for the holidays there's no nothing either for we we would get the tent permit as required right there's a specific permit to use a tent for x amount of time and there safety requirements that go with it and that that the board doesn't rule on that it's General ordin basically and we we've done it before for different houses of worship [Applause] is there going to be an irrigation plan I I heard you know the original plan was a small amount of landscaping now it sounds like it's a very large amount so is there Irrigation in the plan we don't have a plan we don't typically do them at the board level once they get to construction they bring in the uh the contractors they typically make the decision excuse me it's required by your ordinance and yes we will have irrigation right that answers my question she just told the engineer any other question I'm not close enough to kick him otherwise I don't know if I missed this but are there um like hours of operation the hours of yeah the yes well Mr tabil tabell had offered that it's typically um around the Sun okay when the sun comes up and the sun comes down is when the prayers are and then it's uh the learning before after that there's also daily prayers in morning and afternoon but he's talking about 20 people that us that's the handful he's talking about but 20 people and so that that will kind of dictate what the uh parking lot lighting reduction and and things like that Y is there going to be staff during the day or yeah I imagine the rabis going to be there the rabbi will have an assistant of some sort they'll probably be someone for building maintenance sure okay any other questions okay thanks are there any questions from the public Madam chair questions from the public okay thank you all right we're going to save the pretty pictures for close to last and we're NOP not yet we're going to call up Gary Dean real quick I want to leave you with the lasting impression of how pretty the build is going to be good evening okay if you can raise your right hand do you affirm to tell the truth the whole truth yes I do okay if you can state your name for the certainly Gary Dean de n I'm a licensed professional engineer in New Jersey with an office in Ocean Grove um and just by way of qualifications I've been practicing for roughly 40 years I've served as the Municipal Traffic consultant for Asbury Park freeold um but on the private side principally and Long Branch freeold uh among howl among other locals in Mammoth County but I believe this is my first appearance before you but you have been qualified as a expert in the field of traffic Engineering in multiple uh boards throughout the state about 450 yes and I am a licensed professional engineer and my license is current and in good standing I'm familiar with Mr Dean I knew him when he had hair 40 Years of land use will do that yeah that's right thank you Mr Higgins I'm I'm getting there all right okay we will accept Gary recogn you created a uh traffic and parking study that uh we moved in as A3 and recognizing the testimony from Mr tielli about how much people walk and ride their bikes could you just give a brief summary of uh what you expect what the roadways can or can handle and whether or not the parking will be adequate just based on this very specific operation of an orthodox synagogue certainly and just by way of identification that report was prepared by me and it's dated October 3rd 2023 um as I'm sure the board is familiar Traffic Engineers typically go out and do traffic counts and we look at peak hours most often during commuter hours however given the nature o of this application we focused on a little different time not so much to capture automobile traffic but to look at the site in general and to ascertain the absence of any traffic impact and as you've heard from the applicant um essentially during there primary periods of service there is no automobile traffic and that congregants are walking which is what we observed we nevertheless did and were present at the intersection of South Lincoln and Bower uh over the summer representing a a peak time for activity given the seasonal nature in the area um very light traffic on South Lincoln Avenue at the time uh early on a Saturday morning when I say early you know 10:00 in the morning um um you know a lot of bicycling activity a lot of pedestrians and people out recreationally but obviously the congregants arriving in departing um the application to increase the the capacity would not affect traffic obviously for those uh times um and as you've heard from the applicant the attendance at the what would be the peak times for a traffic engineer on weekdays will will be consistent as it has been where where where this application is not proposing uh the increase in capacity to accommodate that activity it's principally for uh the high holidays uh and and regular services so it's it's actually a summary of the absence of any material traffic impact largely because of the Orthodox nature of the congregation and the absence of of individuals driving on the weekday as you've heard uh there may be some people who drive it would be consistent to what we observed um and on the day we did study we noted nine Vehicles were parked on the site I I can't ascertain who those individuals were um but but again it's a it's a low enough use that the 17 spaces that are proposed uh will be more than adequate as you've heard from Mr Fitcher and for anyone who''s seen the site I would describe the driveway and parking lot as Antiquated and certainly not meeting any current design standards it's just wide open black top and the whole objective as you've seen uh from the site plan is to organize uh stripe and and provide I'd say an organized amount of parking for the use um but beyond that you know in reviewing what we did see uh you know I'm pleased to say we really didn't see anything um and I would expect that to continue uh with the proposed expansion and that is all I have um you know there are other uh concerns in terms of Improv in the frontage but that would be as was discussed with the possible need for drainage improvements but beyond that uh Mr fiter and I would work with your engineer or the or the township engineer uh to address those if needed that is all I have okay questions how many okay I just have one and I think we've done this before jennif are we deed restricting this to an orthodox so there currently is a deed restriction and in my notice and the application I ask to modify that deed restriction only in part the basement right as it relates to the basement we are not seeking to lift the uh deed restriction for this to be used as an orthodox uh Jewish house of worship and to the extent the board would like us if they uh approve this to re-record the new resolution with that uh in it we would be happy to do that yeah this will prevent the building later on being a non-orthodox Jewish where people drive um or another religion purchasing it and practicing their who drive so the the Restriction of limited to Jewish Orthodox which do not drive during the Sabbath and other holidays so that's an important distinction and and we've done this before for several other three any questions oh how many spots are in the lot now fewer than 17 and and part of the reason I can't answer is um I I haven't laid it it's unstriped it is smaller dimensionally than what is proposed so I mean if I had to throw a number at it I'd say it's probably on the order of 14 oh so Jason 12 previous Jason said six six yeah it's it's all black top so you know I look at it as the traffic let me ask your question Gary are you talking about you could fit 14 cars there that's not the question the question is if you were to stripe it as a legal parking lot it would be well I that's fine that answers my question is it ever full no not that I've seen no any other questions thank you for your time well let's see if there's anyone in the public who has any questions questions from the public time for pretty pictures yes now I have the pleasure of introducing you to Jim Mona for going to stand you do need to take a microphone though Jim you got one over there hello okay if you can raise your right hand do you affirm to tell the truth the whole truth I do okay if you can state your name James J mfor architect 733 Route 35 Ocean Township New Jersey and uh Jim you're a licensed architect and I know you've testified here before uh yes I am okay okay assuming no changes with credentials all good well we had that one little incident no I'm just kidding there was no in no judgment no judgment sorry J uh I'll get to the outside first but to me form follows function so I know there were some questions about how the entrance of the building functions and so I wanted to go over that with you um so basically our building took shape based on the property because it had a skew and I want to face both streets so it created this kind of an angle to the to the building and then I just followed through in the sanctuary to create a vshape which is really good for Acoustics and it also pitches down so the Acoustics goes up to the mezzanine which is dotted in here um so what happens with the entrance here is we have a main lobby you go up half a level to the to the lobby for the sanctuary or you can go up this way to uh the backside of the um working area where the bathrooms are the coat room uh there's an elevator and a woman's bathroom and then from there you can go up to the ladies balcony or you could take uh the other stair up to the lady's balcony so um in a building like this it's it's really not that large so you have a lot of egressing and uh functionality and handicap uh situations that you have to deal with so in this situation I was able to create one stair here with a gate that comes down in an emergency that blocks the stairwell off and then this door is used by this whole level as well as that door also so the the building is fully handicapped accessible that's correct okay come in main level you can come in from the parking lot side or from the sidewalk side getting the elevator goes up half level down half down to the basement or up to the second floor so let's just stay on the first floor so on the first floor we have you indicated the coat rooms the bathrooms and the main sanctuary and how many seats are in that main sanctuary there's 230 seats on this level okay and what's on the second floor and the second floor obviously is not the um same size because it's a mezzanine that overlooks the main sanctuary correct it's only 3,000 square ft up here okay um this is the ladies mezanine that looks down uh again we have our egress stair to the right and then the other egress stair wraps around through here and down and out we have the rabbis office with a little Library um there's actually two offices there one for an assistant then we have a bathroom for the rabbi and then we also have uh bathrooms for the ladies on the Upper Floor okay and we had indicated that we're seeking a um the ability to utilize the basement so let's take a look at the basement one of the things that Morris had test testified is that after Shabbat services for example on a Saturday there is a kadouch or a um a meal served for breakfast and that we're proposing to do in the basement area correct that's correct before I leave there's 174 seats in the ladies M and so the basement would serve uh one for the uh Post Service Gatherings and then also uh Mars had testified about the children's services that would give a large area for the children to learn Run play and pray during the uh services in the sanctuary that's correct this wall can be opened up uh later for the breakfast also we have egress doors that come out the side I think there was something mentioned about handicap ramp there's no handicap ramp on this side this is just egressing uh there's one that comes out here and up and then there's one that comes out from the main sanctuary and then goes down and then what are the other spaces in the basement um so we have the daily prayer room as you come down and then there's uh two hand wash sinks there's a men's bathroom here ladies bathroom on the other side and the kitchen in the middle so it's your understanding that for daily prayer where there may not be as many as many attendees they might not use the main sanctuary they might use that smaller room this is the room okay and we can stipulate that those rooms will never be used at the same time obviously uh because our parking and all our testimony is based on the main sanctuary what do you mean they won't be same what I'm saying is we're not going to have multiple things going on at once it's one service you wouldn't put the kids in the small well it could be I'm saying for the Adult Services okay adult that's all for the Adult Services iiz can you Jen or or can you clarify that how many occupants you could have in the building at any given moment like a maximum occupancy well how do I do that you mean from a fire code well if there's a lot of Plumbing fixtures on these plans that's correct so I assume you base that on the plumbing code which no more of the need okay so then that's then that would be my question can you quantify this situation that you just brought up where you might have full attendance in the sanctuary and then all of the children you would have the 200 seats upstairs and then the ladies and they would come down here meaning the kids would be in the smaller area downstairs and then they'd have to leave that larger area open because that's where the breakfast is so they couldn't have congregants in that area because there there's going to be tables and chairs and and setting up breakfast that's not an area for prayer okay I'm just trying to get to the proposed actual number of people that could be in the building because it's not the 400 seats yeah it is well based on the way you're or based on the way there can always be more than the number of seats just like in here there's a certain number of seats we could all stand here and we could pack it in and the fire code would allow more people then could comfortably sit here but this is being designed to accommodate the number of seats that are there plus whatever children would attend all right that's and just for the rest of the board that's very open-ended 400 seats plus whatever well and respectfully it's not open-ended because your ordinance actually require in a in a house of worship where there is um where people do Drive they don't require parking for other areas of the building they only require parking for the sanctuary area um they're anticipated as an anciliary uses not as a major use to to to the uh the building itself the building itself is is the prayer Sanctuary correct and everything sort of goes off of that right and and I just want to wait and I could I just add one more thing Mark just to add to that I think what's important to not is the we've been here for 37 years and you you know we could fit a lot more people in there than the number of seats that are there now and it doesn't occur the intent is not to have that occur here the intent is to use this as a synagogue and then have the space for all of the accessory synagogue uses that go in concert with the prayer services um as it relates to any concern with the number of people the as you heard from the testimony the only all all events that occur here will be around religious uh services and any of the religious services that have a very large turnout would be the holidays and the congregants can't drive so the only concern would be more people walking or riding their bicycles that's my concern is 600 700 people a third of which are children that are having to walk to and from the site at the exact same time I'm I'm not sure that that's a how do I put um let me think of the way to say this um I'm not sure that that the number of people who want to practice their religion is something the board can control and the people all live within that neighborhood anyway they're all going to be walking anyway so it this is just giving an safe area to have everybody instead of having a situation where you have a small building that's 100 years old that's not up to code packing the same people into the building and so the kitchen is small right it's not big yeah yeah you really can't use that kitchen for massive catering facilities well we've already indicated we're not going to you're not but it's it's really designed Just For What the breakfast situation that's what it's designed for yes how big is that those same members are there now it's corre 21 by8 yeah which is small my kitchen is that size it's tight right so that is a built-in design that you can't really have catering it's not a commercial kitchen it's not a commercial kitchen that's the word I was using yeah thank you so as we go up to the roof it's not all going to be gutters we have we have a large amount of flat roofs at building those will have uh roof drains and they'll go into the building the only place that pitches down is a sanctuary roof over here here so the water will be collected at the bottom I'm not so sure uh I'm going to necessarily I might use some roof drains and then a Scupper to take if it gets clogged to take the water down into the system but to address Mr dea's concern that Jason didn't have that information on we are going to have roof drains and we're not intending to have just the gutters around the perimeter to take on the 100e storm that's correct that makes me feel better okay let's talk about the beautiful exterior okay so so our building is designed to complement the uh the neighborhood with materials that are indigenous of the housing in the area so we're using Stone and we're using uh synthetic wood and stucco for for our building materials to um have it a more of a residential feel this is um like a siding material that's a synthetic wood and uh what you see here are donor signs um they're they're on they're on my uh elevation page and they're not illuminated they're just um fastened letters to the building U metal letters uh that are very subtle and what we've done here if you uh look at the elevation is we designated areas of uh and sides of of those areas for each um sign so it's really not intended to advertise or to bring attention to it it's more for the congregants to see who was kind enough to donate and help make this project happen that's similar to the DSN project I think we're all familiar with where they're channelized letters that are actually affixed to the wall yes and that's similar and they would be some type of metallic or otherwise um very subtle color that blends with the architecture well they'll probably be like a a metal right some sort of metal and then at the bottom is our freestanding sign which is very moderate in scale um it just says synagogue name on it and the overall height is 30 ft where a house could go in this location at 35 ft that's correct and we do have screening for the mechanical units so you don't have to look at the mechanical units there any questions okay questions from the public [Applause] ready thank you for your [Applause] time okay you're still a license planner still a licensed platter there were no incidents between the time you were here not withstanding the drains I was under Anthony's protection okay good excellent uh you heard all the testimony you obviously were integral in preparing the plans you testified how this uh presents from an engineering perspective now let's put your planner's head on and talk about the variances we need and the planning support that your expert opinion you think exists to justify those variances okay all right so from a planning perspective um obviously the Crux of the application is that we require a conditional use variance which is a d variance a use variance uh historically this uh the use on this property has required a conditional use variance and this application doesn't meet those same conditions as with the past applications not surprisingly it's important to keep in mind that the use the property and the congregation already exist on this property we're just proposing to accommodate the modern congregation with an adequately size synagogue that can meet the congregation's needs houses of worship are conditionally permitted in the zone the application doesn't meet all of the conditions of your ordinance and that's why the D3 conditional use variance is required the proofs for a conditional use variance are different than would be required for a D1 or a D2 variance where the use itself is not permitted in the case of a D3 conditional use variance the use is permitted we need to demonstrate to you that this property can accommodate the proposed development despite not meeting all the conditions of your ordinance it's also important to note that houses of worship are an inherently beneficial use and this is a significant def uh designation that is defined in the municipal land use law which in part reads quote a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare end quote this is discussed in the New Jersey zoning and land use Administration book land use law in New Jersey they call they say quote churches and other places of worship end quote are found to be inherently beneficial and Mr Higgins acknowledged this uh the fact that the use uh is inherently beneficial in his review letter as well and Jim please jump in if I misstate you anyway I think the Minal land actually states that houses of worship are inherently beneficial that's what I'm checking right now yeah it does look at Gino go ahead y okay we'll keep rolling um places of worship are also protected under what's known as the religious land use and institutionalized persons act which is affectionally known as that is not not necessarily affectionately by the towns but generally that's what it's called well yeah everybody loves acronyms uh this is a federal law that among other things uh provides certain Protections in Zoning for houses of worship the expansion being proposed here is necessary for the congregation to exercise its religion which is protected under Rupa the federal statute only permits denial if it's the only way to protect public health and safety there is a provision in in the federal law that allows you to make exceptions such as variances for religious uses in order to remain consistent with Rupa and before you go any further in your opinion as an expert engineer and from the perspective as a planner is there any threat to the public health and safety were this board to approve this not that I say okay thank you yep uh the afcan is open to reasonable conditions uh to mitigate the variances if you do see fit to approve this application we recognize the use is encouraged by your zoning because it is conditionally permitted uh or said another way the use is considered harmonious with this neighborhood the conditions of the conditional use that we don't meet are lot area uh you require 2 Acres we're at 0446 lot depth you require 200 ft we're at 67 Jason just those are existing conditions that can't be changed cor skip them correct I don't think he meant skip them I think he meant to indicate that they're they're different than the other five conditions yes uh such as the next one uh minimum buffer from parking to a residential zone is required to be 25 ft zero feet exists and we're proposing 3.4 this is an improvement over the existing conditions your 2009 resolution stated that landscape screening is adequate um for screening the parking lot your 2007 resolution and your 2009 resolution found that uh landscaping and fencing mitigate the need for a buffer a landscape architect prepared the landscape plan for this application specifically with the intent to create an attractive property and to buffer the neighbors we're proposing new landscaping and fencing to remain consistent with your past findings the minimum front yard setback which we're measuring from South Lincoln Avenue to the proposed window wells is required to be 56 .9 ft we're at 26.3 three this is a technicality because the window well is is part of the structure but it's it's at grade with little to no visibility so what's the setback to the actual building itself yep so the minimum front yard setback from South Lincoln to the building itself also required to be 56.9 ft is proposed at 30 ft and then the rear yard setback is required at 13.4 ft we're proposing 10 and then lot coverage are we uh skipping that one have we determined that's building coverage lot so lot cover so under your under the ordinance lot coverage is listed at 30% under the conditional use standard yes okay so and when you read the definition of lot coverage if it's not saying what it is it's building so it is the building coverage correct yes so maximum lot coverage which as Jen said if you read through the ordinance it's referring to the building area as a percentage of the buildable lot area yes so your ordinance permits 30% we're proposing 44.4% for the front yard and rear yard setbacks and a lock coverage on this undersized lot we tried to strike a balance between providing a building that will accommodate the existing congregation and providing as much parking as possible Mr Higgins commented in his letter he has no concern with this variance as long as the areas are quately landscaped uh which we provided on the updated landscape plan and it definitely additionally Jason when you're over and building coverage by reducing the height of the building from what's permitted from 35 to 30 you're also uh reducing the overall visual impact that's correct yep the massing of the building Jason did you discuss the front yard setback from Bower Avenue I I talked about Lincoln South Lincoln it's uh no I don't think I did you're correct record should be yeah that that I believe uh complies it's uh again this 56.9 ft so I thinked so proposed from Bower Avenue wouldn't the requirement be 16.75 measuring depth from Bower the way the ordinance reads it's lot depth and the lot depth in this case is the narrower is is the deeper one got it so it so it applies lot depth to both ERS even though one is narrower than the other one's width and one's depth so it's a it's technical right so we're meeting the intent yeah meeting the intent that's correct okay before you go on you mentioned the 44.4 it's listed here as 58.5 or is that separate so that was on our plan we had listed it because we calculated the buffer wrong okay and we consulted with the buffer that's supposed to be deducted from the gross lot area to buildable area we're using Jim's numbers so the 44.4 instead of the 58.5 okay that's right um we were more conservative all right so carry on yes please okay all right so maximum lot coverage so this would be impervious coverage as a percentage of the gross lot area so the entire lot uh your ordinance permits 45% 45% right and that's the one I don't think is necessary okay so we'll skip over that one I don't think that's necessary so we're out of here on that one intended of use it was only intended for single family residences it's not necessary and the Landscaping mitigation and the landscaping and the improvements that they they've shown really are consistent with the intent of the ordinance okay so now we're moving on to page 15 yep okay maximum number of curb Cuts your ordinance permits one one we're proposing two uh this was previously approved it's purely a function of the geometry of the lot uh being that um along Bower Avenue the property is wide and shallow and that's the basis of a hardship here on this variant having two driveways enables us to provide the maximum amount of parking on this undersized lot so that gets into um the better planning alternative or the C2 criteria the minimum parking setback from the street is required to be 25 ft I guess the existing parking lot would be zero uh we are proposing 8 ft we have a landscape Island in there you could see on the plan again this one was previously approved it's also a function of the lot geometry uh and that's why this has a hardship element to it to mitigate this variance our landscape architect creatively designed the property to enhance it a its aesthetic appeal and we're also proposing to improve uh what exists today uh Mr Higgins made a comment in his letter that he has no concern with this variant again as long as the area is landscaped which we provided on the revised landscape plan the minimum parking stall size we talked about that earlier you require uh 10 by 18 we're proposing 9 by8 uh there's also a hardship element here in that we're trying to provide the maximum amount of parking for the existing use within the property constraints also the better planning alternative is to provide as much parking as possible for the existing use in this existing congregation 9 by8 parking spaces are the most common size for all uses including High turnover uses and I always use 7-Eleven as the example this is incredibly High turnover commonly using 9 by8 parking spaces uh parking the parking spaces will be uh as designed will accommodate the proposed use the minimum number of parking stalls so again 202 spaces are required uh geometrically speaking I would say that six exist even though they're not striped we're proposing 17 uh first let me address a question that came up in the review letters so and there was earlier testimony on this but to put a bow on it the synagogue is intended for religious services and accessory religious learning and post service Gatherings there will be no formal school or camps and the learning and Gatherings are all related to the religious services being held so considerations for parking are focused solely on these religious Services we recognize that the Jewish Orthodox religion prohibits vehicular travel on the Sabbath and holidays when attendance at its peak there are other services that allow driving but attendance is much lower at these services and we anticipate that the proposed parking lot will accommodate all vehicles used by congregants for those Services many will still walk since they live so close by as they do today as was testified to correct it is an existing congregation that's right we're not introducing anything the subject of parking is stated in your 2009 resolution which also happens to state that on street parking is available and this is why congregants live locally so they're able to walk to the synagogue the 2009 resolution also stated the finding a fact that quote the site has functioned as a synagogue for the last 20 years without any parking spaces with no neighborhood complaints and to my knowledge this synagogue continues to operate without issue the proposed parking lot is an improvement over the existing parking lot and it's intended to serve the same congregation we anticipate the proposed parking lot will continue to serve the existing use Mr Higgins acknowledged in his review letter that parking will not be of great uh concern during religious Services the maximum number of facade signs you permit one per Street Frontage and as I mentioned earlier the applicant is hopeful to be able to recognize several very generous doners with uh modest facade signs on the new synagogue these signs again are focused on Bower Avenue and the proposed parking lot with minor additional signage facing south Lincoln and again the signs are architecturally uh tasteful and attractive and complement the building so Jason now that we went through all of the variances as well as the the reasons for them let's talk about what we need to demonstrate and that's whether or not it satisfies the purposes of planning y so we we need to demonstrate to you that if you were to approve this application I think you missed a couple in his left oh yeah let's go we talked about impervious coverage right we don't need that we don't need that setb back we got we got location of curb Cuts Paving location restrictions we got off street parking we got minimum landscaped area we meet we had indicated previously we don't need that the landscaped area along the front property lines and side and rear property lines right along public streets right and again and I thought we went over that and perhaps I didn't recall that perhaps we missed it so Jason based on the constraints of the site as and these variances were previously granted under the uh former there really is no way to to comply fully we have a hardship there that's correct and by the additional Landscaping we're proposing uh is it your opinion that we are meeting the intent to the extent possible based on this hardship yes 100% And by putting the fence and the additional landscaping for the Neighbors particularly as it relates to the adjacent neighbors who addressing those concerns yes and Jim seems to agree yeah okay mul you will meet the next one is mulching material you going to meet yes we'll meet the muling material that's my old report we met that yeah we met that they meet I know fence height the fence height is the only one isues 12T section of the fence into the front yard to buffer the parking lot right so we would ask for that variance but it extends into the front yard it's not [Music] really it follows the perimeter of the parking lot that Y and okay so that was anything about the waivers when you get rid of the waivers the only waiver that's left now is the buffer they're screening the trash errors they're providing s that we have an underground sprinkling system so the last one I think you're on the old letter Mark yeah it's the old one yeah that's okay I emailed you the the new one so you'll have that for resolution it wasn't in our packet okay all right so uh buffer areas what are we doing with that we just indicated that we're seeking a variance for that but we're improving it's a waiver okay a waiver for that but we're improving the existing conditions okay and Jim says we have adequate otherwise we have adequate adequate Landscaping on the site to mitigate that yeah okay okay so in sport of the variances that we're requesting we have to demonstrate to you that we advance at least one purpose of planning that's defined in the municipal Landes law I think we advance a few and I'll summarize them for you here first one is I believe this is an appropriate use and development which promotes the public health and general wealth welfare so by definition because the use is inherently beneficial this application uh coming from the municipal land use law here quote fundamentally serves the public good and promotes the general welfare end quote the need for the larger synagogue on this property has been established it will accommodate a growing congregation to reinforce and strengthen Jewish Traditions tenets Concepts and culture through education and prayer conducted by learned individuals this creates a sense of community and moral guidance that is widely recognized as inherently beneficial a Hot Topic in the Land Development industry is the construction of unnecessarily large parking lots the concern is the amount and increased temperature of storm water runoff and the heat island effect the proposed synagogue does not need a large parking lot if one was constructed it would not be used and it would only be a detriment to Public Health and the general welfare so using the Jewish Orthodox Traditions to our advantage we're able to promote public health and the general welfare by eliminating a large parking lot and because of that a 2 acre property is not necessary we're securing safety from fire flood panic and other natural man-made disasters so again the existing building was constructed in about 1920 by replacing it with a new building we're able to provide a much safer building built to all the current safety codes this application goes a long way to improve the safety of the site the congregation has grown since the ex existing synagogue was constructed the building is therefore overcrowded during these Services the proposed building accommodates this growing congregation the conventional parking lot design also creates a much safer condition as as compared to the existing parking lot next one is we're providing sufficient space and appropriate location for a variety of uses both public and private in order to meet the needs of New Jersey citizens so again this synagogue has been operating for about 37 years and has attracted people to this neighborhood based on past resolutions and to our knowledge the synagogue has operated without issue to the neighborhood for that entire time and for these reasons this is clearly an appropriate location next one is we're encouraging the location and design of Transportation routes which will promote the free flow of traffic while discouraging location of such facilities and Roots which will result in congestion and blight the congregation intentionally lives very in very close proximity to this property so they're able to honor the traditions of their faith and attend services without driving therefore traffic generation of the proposed synagogue is limited which advances this purpose and lastly we're promoting a desirable visual environment the architect and the landscape architect created an exceptional cohesive design which will certainly create a very aesthetic pleasing property in terms of the negative criteria it's always worth noting that the use is permitted the use already exists and it serves the people of the immediate neighborhood and has been doing so for about 37 years the property operated as a school long before it became a synagogue then sometime around 1987 it became a synagogue it was acknowledged in 2007 that the synagogue was less intens of a use than the school the 2007 and 09 resolution stated that the synagogue has always operated without issue in the neighborhood the applicant has consistently been a good neighbor they very much have a vested interest in enhancing this neighborhood because their congregation is the neighborhood and this is reflected in the design of the property and the building the conditional use requirements of your ordinances are for house of worship which you define as quote a building or buildings where congregants gather to worship and practice their faith end quote it's not specific to the type of Faith this application is for an Orthodox Jewish synagogue and that's the difference in this application a large site with a large parking lot is not required because congregants walk to most services to honor their Traditions as I mentioned earlier for those Services where driving is permitted attendance is much smaller and has been historically demonstrated over the many DEC decades at this synagogue even with the increase in congregants the 2007 resolution found that the applicant met its burden of proof because the synagogue functioned on the site for more than 20 years without complaints or negative impacts on adjacent properties the 2009 resolution made that same finding traffic generation is limited Mr Higgins made a comment in his review letter that parking will not likely be of great concern during religious services and that's consistent with our testimony parking spaces are sized the same as most parking spaces that people are accustomed to and we mitigated lock coverage and setback variances with an exceptional landscape design and store M management system and for those reasons I believe that if you were to approve this application it would not cause a substantial detriment to the public good and would not substantially impair the intent and purpose of the Zone plan and as you're considering the negative criteria I always like to highlight that word substantial you're not looking to see if approving the application would cause a detriment to the public or an impairment to the Zone plan you're looking to see if it would cause a substantial detriment or a substantial impairment and I don't believe this application Rises to the level of substantial in either case and on balance it's my opinion that the benefits of this application substantially outweigh its detriments giving you the ability to approve this application with confidence thank you board have any questions for Jason yes a pass board gave an approval with a restriction on using the basement um can you speak to that uh that's true they they did this application that's not the intent I think Jim went through what's happening on all levels oh yeah know he did but they uh is there planning reasons you know when you go through the uh um positive criteria positives and negatives of that lifting that restriction is there any test well I I think you have to look at the application in totality you know we're proposing a new building that has a certain level of use with a new parking lot buffering etc etc etc the prior application had a different building different parking Arrangement different congregation size two totally different animals Mr F if if I can go a step further we don't need a variance for that so when you say the positive and negatives for that we don't really have to present the positive no but I'm just saying just as record we don't have to present that and again I can we can speculate that at the time it was um it it was number I'm hearing from the background it wasn't safe uh from a code perspective it wasn't safe and also the operation may have been very different uh than it is today um again I don't know that that deed restriction even applies here because this is a different building with a different oper operation so uh the other the other thing that I can that I can guess based on my experience for this board over the last 25 years in its varying forms is it when it first came it was the first time it had come and they had been concerned about how it might operate within the neighborhood and I think between 09 and now we've demonstrated that it operates quite well John it was three floors before so understood yeah so they're just going down oh yeah yeah one the the concerns back then were the safety of the basement and the fact that if it was used it might increase the intensity of the use Beyond which the applicants were representing at the time great any other questions okay that's all I have Madam chair subject to the public having any questions for Jason okay questions from the public okay motion oh just one quick question Mr Steinberg it includes the conditional use bulk the waiver and the deed correct well yes the what the deed restriction being lifted I'll tell you how to vote okay yeah but they're they're applying for everything okay yeah okay just by way of very very anybody from the public want to comment comments from from the public okay seeing then hearing then close the public motion to close the public hearing motion second all in favor I I I I just very briefly we have a long-standing use here for decades the neighborhood has grown around it you have a group of people who are ocean residents who want to pray uh within their neighborhood when we originally submitted the plans there were concerns raised by the neighbors there are concerns raised by your professionals we've agreed to uh revise the plans to address all of those as you as you heard um based on all the testimony and uh particularly that of the planner uh we would offer that uh it's inherently beneficial use the site can easily accommodate the use with the continued restriction that it only be for the Jewish Orthodox Faith who don't drive on the holidays uh and we would be willing to agree to comply with Ben's letter as well as Jim's letter as it relates to uh all of the uh other technical details that weren't submitted and I think and I know it's not something that the board necessarily considers but as this board knows often when we have applications like this much of the neighborhood comes out everybody has an opinion and a thought and as you can see most of the neighborhood is the congregation and there really is no neighbor even questioning the testimony let alone having an opinion on it so I think the board can take that into consideration as well okay I'll move for a positive resolution I'll second just let's do the D3 and all the the uh variances that were related they don't meet meet the condition the condition move that one okay so move the conditional use yes and what's there a second a second I'll do okay uh Mr Fuller yes Mr yes Mrs Litman yes Mr asazi yes Mr chamar yes that right Mr fi yes Mr yes Mr yes we need seven seven the alternates here yeah you don't need me I I tend to disagree Mr we need you we need you you're so appreciated just you know the first seven not the alternates we're fortunate to have more than seven tonight Mr Mr Mrs Litman Mr ashkanazi [Music] Mr how about Madam chair Madam chair yes then somebody just moved the bulk variances okay that can't be part of the site plan that's no it's just easier for me to do it the other way okay Mark I'll move for a positive resolution on the both variances Mr Fuller seconded okay uh okay are we going through it again or no yes yes okay s same and yes Mr Delo yes Mrs Litman yes Mr Ash yes Mr yes yes no I'm not yes Mr chairwoman yes now the site plan with the conditions that were agreed to is that the waiver and the deed yes and the lifting of the deed restriction oh we're going to lift the deed restriction but we're going to acquire a new deed restriction to Encompass that it would be for an Orthodox Jewish synagogue at all times okay which would balance out the no parking I'll move for positive resolution on what he said second Mr yes Mr yes Mrs lman yes Mr yes Mr yes Mr yes yes thank you very much believe that covered all of them right yes okay all right thank you thank you and a motion to AJ to close close all in favor I