order this 18th Day January 204 time is 6:30 roll call and Tori here Rond m here Hogan here vano here Sharon Lee here Vincent L here Paul KAG here Anna Cruz here Amanda Daris here Eugene hor absent Chris Havens here adequate notice of this meeting has been posted at bur Hall filed with the bur Clerk and mailed to the Asbury Park Press to Riv times star leder this meeting is being tape recorded in the event the applicant use the service of reporter to transcribe the tapes board requires a copy of the transcript it will break about 800m for deliberation of Tes heard thus far in the conference room on the first floor public is invited to attend however discussion between board members in the public is not permitted at that time no new cases will be heard at 900m Banks Zing Board of adjustment as maintain a policy cut off hour of 9:30 p.m. for its hearings any applicants not heard this evening will be carried over to next scheduled meeting uh Pledge of Allegiance the United States of America to the it stands Nation God indivisible liy and justice for all have some administrative back uh soos office you have to get back to Amanda so Amanda you could stand up and raise your right hand and repeat after me I state your name I Amanda dreist do solemnly swear do solemnly swear that I will that I will Faithfully faithfully impartially impartially and justly and justly perform all the duties perform all the duties of the office of the office of a member of a member of the Red Banks Zoning Board of adjustment of the Red Bank zoning Board of adjustment according to the best of my ability according to the best of my ability so help me God help me God sign okay Ste your okay we have some meeting minutes to approve uh January 4th minutes would somebody like to make a motion to approve to accept the minutes all in favor yeah any opposed or abstained okay have minutes from the January 4th 2024 executive session to approve and I'll make a motion to approve those second all in favor any oppose orain okay we have some resolutions a resolution appointment for our board attorney a motion motion an Tor yes Rond Mass yes Hogan yeso yes Sharon Lee Yes Paul Kagel yes Anna Cruz yes and Chris Havens yes okay we have resolution of appointment for our board engineer Tim like make a motion make a motion there's three microphones aren't working down here it's unusual that's Shan's way of maybe saying somethingone of where's is it down here somebody's plugged out go ahead just be loud just it's just once one is disconnected it knocks out go ahead okay engineer who's making a motion I'll make motion second second there an Tori yes Rond Mass yesen Hogan yes Beno I had obain CH Lee Yes Paul kagne yes Anna Cruz yes Chris Havens yes okay we have the resolution appointment for a conflict attorney is markx Mark Lex Mark lexin I'll move that resolution second Tor yes rman Mass yes e Hogan yes Beno yes Sharon Lee Yes Paul KAG yes Hanna Cruz yes and Chris yes okay we have resolution appointment for our conflict engineer CME make a motion I'll make motion C second an Tor yes Rond Mass yes e Hogan yeso yes Sharon Lee Yes Paul KAG yes Anna Cruz yes Rens okay we have H 28 South Street okay Mr chairman as the applicant uh comes forward to the desk um what we'll do is we'll just do a couple of preliminary procedural things is there anyone here who had any questions or comments ments regarding the sufficiency of the notice they received okay we don't see any and what we'll do is we will officially Mark into the record what we as a board have have before us so what we're going to do is we're going to Mark as A1 uh the development permit application and the denial of development permit dated September 28th 2023 A2 will Mark as the intent to proceed dated October 31st 2023 A3 is the survey prepared by Richard Stockton and that's dated April 8th 2021 A4 is the plans and that's uh entitled detached residential garage reconstruction and addition and it's prepared by Alec shus ra consisting of five sheets that's dated September 22nd 2023 we'll mark that as A4 and what will Mark as A5 is the uh shaa Banks review memorandum and that's dated I think it's undated so we'll mark that as A5 and speaking of Shauna Ebanks we will swear Shauna Ebanks in Shauna you are a professional planner you are the bureau's director of Community Development do you swear that the information and testimony you're about to provide to the exent you provide any will be the truth the best your knowledge to help you go I do thank you all right and uh what we'll do oh okay no I got noticed so I have to myself to okay so what we'll do is Eileen and Paul cagno will recuse themselves and um alen just our ordinance says that the minutes have to reflect that and the resolution has to reflect that so we'll put that in and all right so what we're going to do we'll uh swear you both in if you could just state your name please all right m a r k you need you need to speak right into right into the m r k y a i s e r okay and do you swear that the information and testimony you're about to provide will be the truth the best of your knowledge to help you guide I do okay and your name sir Al s hi SS I as all right do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you God yes all right and just for the record you're testifying tonight in Your Capacity as a licensed architect architect and Landscape AR state of New Jersey and uh just for the record are your uh credentials all in order license certifications all up to date okay and uh just before we begin I would just like to uh State uh one one thing procedurally uh I believe this application requires a use variance um because it's a fre family right fre family home right now which is not a permitted use and technically by adding on or adding elements to the site it's a arguably a expansion of a non-conforming use so there's a couple of legal standards that are involved in obtaining use and D variance relief and most notably um is uh the requirement that for this application to be approved uh you need five seven yes votes so only seven people will vote sh uh but five you need five affirmative yes votes so unlike sometimes in the rest of the world where a majority wins this would need five yes votes so if you have a have a seat and um Mr chairman would you mind if I just to get the record flowing ask the applicant a few questions and then we can turn it over to the applicant Please Mr and why don't you sit at that uh the table just because that you're going to have to the mic are sensitive um so just for the record we were talking about 28 South Street and Mr Yer are you the owner of that property I am and how long have you owned it roughly uh since 2016 okay and do you live at the site or no I do not okay and my record uh suggests that there's a it's a three family home at the property okay and Shauna that's a pre-existing conforming use we think correct okay and then just for the record what is it units a b and c or 1 two and three one two and three all right and then just so that we have this for the record in unit one how many how many bedrooms two and in unit two how many bedrooms two and in unit three how many bedrooms one and then uh for number of bathrooms unit one one is one bathroom unit two one and unit three one okay and is is unit one occupied yes is unit two occupied yes is unit three occupied yes okay and then just are there any uh parking spaces dedicated for unit one no in the drive in the drive that use the drive okay all right so uh and I know you're proposing a new garage so why don't you you're going to present it whether it's you or your archit present uh information about what you're proposing why and what variance relief you need well I'm I'm doing it because there was an existing structure there that the roof I guess had fallen in right before I bought it and they left the footprint uh and the concrete walls up and I'm just getting around to finishing it off and to provide three off Street uh parking spaces for the tenant so is is there a garage there now or the walls of the garage are up but there's no roof and doors or anything and what had the the residents been parking in that I'm sorry had the residents been parking in that no it was was unusable all right and so why don't you tell the board about and whether it's you're architect or you about why and the size and style and things like that I'll let Mr Shas go over all those details but again the reason that I'm doing it is to provide three up street parking spaces for the tenant because it it's unusable in the present yeah so um when Mr Yer and I started looking at the um at the uh structure uh again just to clarified just for the record what you were referring to is what's been submitted into the record as evidence no new exhibits yeah this is all what you guys have um they're they're basically right now they look like freestanding Mason walls clearly there was a Structure there something some point the roof fell in um uh was a garage at some point um the problem is right now if we were just to add a roof on top and work within that the interior clear Dimension is only like 16 a little over 16 163 I have the problem is even on older garages that are 20 feet deep that barely gives you enough room that's kind of the old standard today if you're doing a new house ideally you're doing about 24t deep and what that does it gives you a more comfortable space to maneuver around the car in the front and the back with a garage door closing and also some storage like workbench type storage so that's kind of today's so uh you know I mentioned Mr Yer I said I said look if we just refinish this as is and just work within the existing footprint you're not going to ever really park a car in here maybe something really small so uh what we what we're proposing is that when finishing it extending the front to um I think I had 238 we're trying to work with Mas andon inside so almost 24 in the main Bay and then the other bay for a little bit of architectural interest we Ste it back a few feet just to reduce the apparent scale and that's about 2180 so that that's really driving the square footage um so that that again is where that's why we're here tonight is because put it's over the 500 sare foot limit which is measured to the exterior of the structure um go over the elevation real quick you can see pretty simple structure doing a Gable in front to add some element these are the two these are two garage doors of the main Bay not one big single door but something to break the scale down and here's a third Bay uh that I mentioned to just break the scale up a little bit so that's pretty much the the way that we're seeing the project um as far as the variances required and this is in the uh report uh one is that the uh largest accessory structure permitted is 500 square F feet without counting as principal structure uh the proposed is 1022 uh existing as is is 738 so it already is over again the whole points to add parking and storage uh there's really no points to just building within the footprint as it so that's driving this uh there's two other new prop well they're not new but they're um existing uh would be the uh side yard setback 8 FTS required uh currently is 3.1 uh technically we're extending within that slightly in the front there um and then the rear yard setback is also 8 feet and it's 1.9 existent um I think a couple things to consider uh specific to the site is that the lot is somewhat oversized um almost 11,000 minimum lot in the area 6,500 it is actually a pretty deep lot at uh just under 200 it's about 190 feet deep so the structure is pretty far away from from houses in general uh there's a neighbor to the South uh the left side if you're looking at it from South Street um but to the south of the property that has a similar sort of structure um appears to be fairly large as well from what we can see um and then the other thing as Mr Yer is saying I think the benefit is that it's going to provide a lot of storage uh up to three parking spaces um and again we're trying to work with the existing structure that we have given that it's a you know pre-existing nonperforming use with three Apartments that's obviously a decent amount of parking that's needed um I I think this helps in that so hopefully that kind of balances out uh you know the overage on the square footage so that's that's what I have to start I can see how you'd want to provide parking for your tenants are you planning on earmarking you know each tenant will get one space in the garage yeah that's that's the plan um and if that was the plan then why didn't you design it so there were three separate garages so there's like a physical security between each of the garages yeah um over that um Ian if I was going to get a garage I want to be able to have a safe space to put my items or my car and not have to share a space with somebody else yeah like I said we were using the original footprint that was there so I guess the thought process was just to keep it the way it was oh okay the existing walls were already there so I just kind of took that plant and went with it well from an architectural perspective does it make sense to have three separate garages for a family house I was kind of I was kind of running the numbers if we did divide it you'd end up with two 14 foot Bays um kind of unique situation I I don't know that there's a standard um if it's just a car I don't think it would be an issue it might be better to have a little more room in that double Bay um but I I guess if people are put in private you know whatever it may be that probably would be a benefit um I would imagine too there may be stuff that's more common like uh I mean probably have landscapers coming from offsite but if there's equipment like that I don't know that separating the base would make sense yeah we just uh it wasn't something we really talked too much about everybody's using the basement as common storage area now so that's I guess why it didn't come up the only reason that one Bay is separate is because there is uh exists a masonry wall there that's the only reason that's separate right now but you're planning on taking it all down and rebuilding from scratch no I I I think we won't be able to use the existing Mason okay believe it or not yeah sometimes on jobs that you know starts that way and then a Mason may come in there and if they see something different you may rebuild some of it but the the IDE the goal is to to reuse what's there thank you are you aware of any the footings that are below this we we've seen recent um garages where the walls you know you assume that the footings are adequate yeah having lived in town so long I know that we can't expect that adequacy below yeah um is an assumption that you're going to save them or uh yeah the assumption is we're going to save them this type of uh normally when I see block walls or masonry walls like this they normally do have footings uh brick walls traditionally don't have true footings spread footings uh it already has a lot of weight on it settle we're not actually adding that much weight most of the weight's going to be added in the front and the back uh and that's really wood framing um and a roof structure yeah the roof structure is relatively light compared to the weight of the actual masonry itself so uh I I would I would assume it would have a footed normally what I do when the final construction draes I may throw something on there to say contract the confirm footing prior I'm Noto to concerned with the weight that we're adding here sometimes when you're adding like a full floor it's a little more so definitely concern now is there any variance requests for lock coverage I didn't see a table that direction that would be great it's on the first page first page yeah the zoning regulation chart lock coverage we are actually conforming on the front sheet under the zoning couch in the mid left I've got it broken out um and the the maximum permitted in the zone is 35% and 22.8 is existing 25.5 and it's an ashall driveway uh yes I think Under the Red Bank ordinance existing driveways don't count driveways do don't if it's existing if he's add if they are improving it that's when it starts counting it's weird again they R just are you you'll be leaving the asphalt driveway as the driveway is in dire need of repair so that would be it would be redone after they brought they would have to get a variance then to do the driveway if it's new so they wouldn't be allowed to have a an ashalt driveway again unless you want to can they add this to the application then it would increase that lock coverage you'd never be able to do an Asheville driveway again if you repaired it I mean correct me if I'm wrong afterwards like what type of repairs would you I mean you can yeah Kevin is it possible or because they didn't notice for it to add the improvements to I know there are um some interested uh well there appear to be some interested members of the public can I get back to you on that and let's uh you know we don't necessarily know if people would have been interested in that and so that might be an issue that they didn't notice for that because I mean it's as long as it's in the same footprint and he he's not planning on expanding it um I mean yeah it gets pretty complicated that question um Chris did you have a question yes so the um are you keeping the uh floor slab 700 foot plus flooor slab that that would get redone mean torn out yeah the slab will get torn out what do you keeping I know what's that you're keeping Mason some of the Mason re wols not all uh the majority there's a little bit up at the front that we um yeah but I have a question um in your drawing you show like a lift to do two cars is that something that you plan to do uh we were leaving flexibility within the height we wanted to show down the road if someone wanted more cars for some reason I don't think that would happen we want to see what that would look like within the height limits you know and just speaking to the mic oh sorry yeah so um yeah we were we were looking at if down the road there was some need to add more cars or anything like that we're indicating we're just showing a Mr gazer the height that you do have available within the zon and the of 16 feet okay and then um just going back to probably improving driveway part of your driveways to the adjacent property based on that survey it's a shared driveway yes it's a shared driveway so and we were we were gonna redo it and then the DI moved out and a new yeah we would run into an issue with that what's here yeah and is the way the ordinance were then maybe maybe it's my interpretation thought it was that if you extend or expand the driveway that counts toward the coverage let me just do a bit of research while move on to public comment CH Final Fence goes around the drive pick it just real quick the exterior is shingle or siding or something that will look similar to the house uh so what we were doing I I think we're plan on doing St up just because it's masonry oh oh I see yeah then or you'd have to do siding on go on side or pack it out um but if we were to get approved I wouldn't want to constrain to one or the other if if Mr agent decide to do side thanks any other questions from the board Mr chairman can I just ask couple real quick questions just for recordkeeping purposes uh um now the height you said is going to be 16 feet yep 16 Max and how uh how many stories per se I would call it one story um okay yeah and is this going to be used for living purposes at all no and just for the record what type of utilities are you proposing to have in that uh structure just electric some lighting for the doors uh On Any Man doors as well and a few Outlets within so electric yes uh heat no water I don't think so no gas no okay uh thank you Mr chairman um just to answer the question about the lot coverage so lot coverage is defined in our ordinance as um the lot area covered by building structures and accessory buildings or structures expressed as a percentage of the total lot area for the purpose of this chapter parking areas and autom mobile access dri shall not be included in loot coverage to the extent required by ordinance except that any new or expanded pave driveways for one and two family dwellings shall count toward lock coverage new or expanded lock coverage for one and two family dwellings utilizing gravel concrete Tire channels or paper decorative papers shall not count towards lot coverage so so that's another thing it says one or two not it doesn't mention anything about multifam but a standard family home which is the rest of the neighborhood would not be allowed to do it no yeah it's like I said issues and I guess would it is it safe to say that um because three family homes are not permitted in the ra Zone maybe the ra Zone didn't specify standards for that lot coverage Maybe is that well that's this was in a definition not really okay Z regulations okay any other questions I do have a question doesn't work to my wife the mic is not working the question is are your units that you're building you have any intention of renting them independently of the apartment or are they already attached per apartment will they rent with the apartment it would rent with to your apartment okay so you would not be doing any independent leases on storage for landscape companies Etc no yeah um another question so in the ordinance it's two parking spaces per the dwelling unit so can the if any of your tenants decide to do have a second car they can park it within that that asheva parking area yes they have okay where where does this Shar driveway fit in how's your neighbor using the driveway my neighbor to the right we both pull into the same drive and they have one sliver and then I have one sliver mine goes to the back your just goes to the back and then it widens out enough for six cars it widens out yeah four cars well what you need for six right right because you have three apartments right yeah you would need for six there's been four back there I've never counted for six okay but if each of your tenants have two cars can six cars fit back there yes especially after the garage so that would be the three spes inside the garage and okay any other questions from the fors before I go through questions from the public okay close that any questions for this witness from the public okay close public portion any comments from the board on this application I think it's great that you want to provide covered sheltered secure parking for your tenants and as long as you you know allow each of your tenants to have a parking space that's part of their rent I'm fully in favor of this proposal can can I ask a question can you have more clarity on the the driveway thing you're not allowed to repa like f imp or anything like that you can do maintenance yeah maintenance to the park to your driveway but to expand it and or to do a whole new one then it would count towards your lot coverage for one family or two family but it's silent when it comes to multi so you can repair the same footprint yeah with no problem but if you wanted to redo the same footprint new yeah it gets kind of muddled with that yeah I'm a little bit concerned about the storage you're doing storage I I think that because you have so many people I mean what Two's Company three is a crowd so you've got three units you're GNA have three spaces I think that they should be um uh independent and partition in some way shape or form uh it's only a matter of time before everybody doesn't get along and everything can't be in the basement or so if you're going I mean we're really talking about a multiple unit here dwelling now then security for each unit it might save you future problems anybody have well you could also install something inside the single building where people could store securely if they yeah put a chain link fence down the middle I I I mean see that you need to make three little garages oh no no I'm not saying three little garages I'm just saying partitions of some type I understand okay I would say based based on how you're describing the current situation it wouldn't be it would automatically be an upgrade for the TS right like it's if they're parking Loosely in the slot right now and storing in the basement anything additional would be I assume welcome right yeah I agree I'd be I'd be in favor I think it definitely improves the situation and just in case it's ever that situation where there's that one neighbor that Parks too close to your car in you know a garage that may help you know like Sharon says make it more neighborly to where no one's complaining that someone hit their car or scratch it Shy up from that box you know you just don't know who took it okay any more comments from the board we have any comments from the public at this point no okay close public portion somebody like to make a motion to approve or deny this application based on Mr Kennedy's uh summation of things sure so during the public hearing uh I took notes about some potential conditions uh and uh one would be obviously it's um let's see uh Shauna am I did I read somewhere that the unroofed structure in your in your review memo did I say that that's going to be removed yeah I had it that it was going to be removed but that's not from his testimony it's the same and then um I think Shauna in your review memorandum you had a uh you wanted some type of representation that it would not be utilized as uh living or sleeping purposes the garage that's correct and sometimes Mr chairman the um the board uh if they're going to approve it they sometimes want a deed restriction I would I would refer that to to you all I think sometimes in similar situations you do want to condition about only you know Electric utilities not again to further that it would not be utilized for living purposes none of the other utilities uh we usually have a condition compliance with all the promises commitments and representations the team made throughout the uh uh the hearing compliance with uh Shauna's review memorandum compliance with any affordable housing obligations if any getting any necessary outside approvals we usually have a requirement that any uh building permits be issued within 24 months of the approval or of the adoption of the resolution or any uh extension thereof and then we also talked about a couple of things no Kevin as a condition to also put on no business to be oper atal no commercial business to be operated outside of the um in within the garage perfect no commercial business operations within the uh garage and we usually have uh no further expansion or intensification absent further approval from the zoning board um we have um now just Shauna do I need to say anything they're going to use attempt to use the existing uh masonry um now if they can't is that something that they need to come back here or they should notify us if you are unable to use the existing um notify building office um just to let us know like Amanda um stated we did run into that where someone did get an approval to do that and then once they started digging they saw that there was absolutely no footing and because it was unroof for so long the weather and whatever happened with you know the sediments and soil it just the footings was lost or it just never happened so I think if the if that situation changes you have to notify Shauna and then she can notify you whether or not any formal approval is required it may or may not and then I think we also wanted um I think there was a concern that we just note for the record that we encourage you to check the load capacity and footage uh capacity uh just double check that for liability purpose um and I guess Shauna with regard to the uh driveway being redone are we saying that that's got to be done in a court be if it's done it's got to be effectuated in accordance with ordinance and they got to submit development permit to you to figure that out yeah okay not now later whenever if needed and we also have uh that uh um I have here the Shon rule it's uh and Vince it's not to be rented uh these garages are not to be rented independently they're to be rented with the uh apartments no separate leases and Vince I think you had said no separate char or did I M hear that well that's what they said okay got it and um we also have let's see it's storage only for the three tenants it's not storage for uh non- tenants and I think Sharon we said some type of internal partition of the storage area is that what the garage area yeah the garage area now Amanda you're going to have to help me read this tomorrow when I to read this and then um okay I think that was uh Mr chairman that was the gist of the conditions um Mr Yasser do you understand those conditions and you're okay with them okay thank you okay now would anybody like to make a motion to approve or deny this application I'll make a motion to approve the um structure second an yes rman Mass yes Ben Euro yes Sharon Lee Yes Vincent light yes Anna Cruz yes and amend no no if it's if it's seven you count seven correct so that application is approved uh six yeses and one no you needed five yes votes you got six congratulations thank you thank you app it motion adjourn all in FA all in favor