winter it can freeze any you have I don't please stand for 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 yes meeting is now called to order the b shebr in compliance with the open public meeting act has provided adequate notice of the time date and location of the meeting to the Asbury Park Press filed notice on the buau clerks with the buau clerk and posted notice on the buau office and on the bur website meeting is open to the public and we welcome you all and good evening okay want to oh we have some Oaths okay ladies first right hand I Elizabeth to Julia I Elizabeth to Julia do solemnly swear do solemnly swear that I will support and our support the Constitution of the United States and the constitution of the state of New Jersey and that I will bear true faith and allegiance to the same and to the governments established in the United States and in this state under the authority of people I do further solemnly swear that I will faithfully and partially and justly perform all the duties of the office of planning zoning board class board member for your chm according to the best of my ability so help God congratulations Elizabeth's been with us for a long [Music] time I say your name ien swear that I will support the Constitution of the United States and the constitution of the state of New Jersey and that I will bear true faith and allegiance to the same as the governments established in the United States and in this state under the authority of people I do further solemnly swear that I will faithfully and partially and justly perform all the duties of the office of plan zoning board alternate two member Ser for two years according to the best of my ability so don't need that conat okay onto a roll call please okay bills AB Mr Cashmore here chairman Cunningham here Mr Julio here Vice chairman de here mayor C Mr Lawrence here Council LX here Mr Schwarz Mr Selen here he on to the January 23rd Mee meeting minutes I'll move the minutes I'll BR please okay Mr casmore yes Mr Cunningham yes Mr Julia yes Mr Des yes Mr Lawrence yes counc mste yes Mr Zelena just up onto the resolution for application number 20231 David Meyer 24 Surf Street I'll move the resolution did you skip Middleton yeah oh I did alternated the that's fine I'll move the mayor res Mr just to say call what I'm going to move the mayor resolu thank you Mar you're welcome and a second everybody's telling me to move along tonight because of the big I'll second that big agenda you know that's oh we we can drop that have a roll call please Mr kmore yes chairman cam yes Vice chairman de yes Mr Lawrence yes Council Le yes that's it yeah I think that I probably skip that because I I can't vote on that okay you can still call it I can still call it so we had a motion to be a second F what on the Middleton on the onto the Middleton resolution I'll move the midd middl I will move the middl res second I'll second all roll call please Mr Cashmore yes uh V chairman de yes Council yes okay on to new business looks like the agenda says we're doing applicant BD real estate Adventure LLC welcome Mr chairman I'm a neighbor of this within the 200 Zone thank you Mark let the record show that Mr Zelena has stepped off of the board there ready good evening Mr chair members of the board Rick bradsky on behalf of the applicant DD real estate Adventures LLC um Mr monteno service in order uh yes we've reviewed it and it is in order board has jurisdiction prepared to move forward thank you um okay chair members of the board the application before you this evening uh pertains to the propert properties located at 1132 ocean ab and 1124 ocean ad 1132 is uh the site of the uh uh uh former yolks on you restaurant um that is lot one on the plan that you have 1124 is the former rores which is lot two um so we got Lot 12 Lots one and two um the applicant uh um this evening BB real estate owns lot two uh the old Ries which is the sort of uh v-shaped uh building and then um actually uh has a lease agreement for a lot longer uh yolks on you and the application before you really is is somewhat limited to seeking site plan approv uh to basically combine these two buildings um they already it's like a big it's like a u uh it is a u and the idea is taking these two rest former restaurants breaking through if you will and combining them into a single restaurant that that that's that's really the long and the short of the the the application there's no new construction uh proposed save for a a small vestule in in the uh Courtyard area which is kind of like a kind of like a reception area that'll be used for for the restaurant um uh restaurant use is permitted in in this Zone in the B1 Zone um and uh um the restaurants prop that's proposed you'll hear is you know similar to similar to the RoR use uh with respect to operationally wise um hours of operation and so forth um um a little more upscale in terms of in terms of menu um and you know consistent with the prior Rory's use consistent with the prior Harry's use before that um so uh that's really the nature of the application um the uh nothing's changing from an operation perspective and so basically what I'd like to do is have uh Tony Pandoras that he sworn in and just walk the board through what's there now and what's proposed um and then I do have with me also uh the principles of the applicant Eric D and Keith brothers who are sitting uh sitting in the in the room as well and keth uh Eric will be come forward uh after Tony to just walk the board through you know the proposed operations and and that type of thing and uh there you have it right hand to be sworn do you swear the testimony you already give here tonight to be the truth the whole truth nothing but the truth yes I do and please State spell your for the record uh Anthony condur c n d o r i s without any objection from the board members cral have you not before this board you've been here many many times all right and thanks for coming back okay Tony if you would um uh I see you have an exhibit is that an exact copy of the plan that was submitted to the board yes it is okay in that case we won't separately mark it if it's not understood all right so just just real quick walk the board through what's what's there now we'll go through proposal I'm sure you're all familiar with the building it's been here for years but uh so this on this side you'll see the L-shaped uh building which is actually Rory's right now um there's also this Courtyard that Rory's was using as a an outdoor seating area um so what we've done here is really just reconfigured some of the tables and the bar and you know still still the same size restaurant the kitchen's in the exact same place where it was um as Rick mentioned the only thing that we're adding from a building standpoint is this uh small vestibule here which is on the courtyard so that vestibule does create a slight increase in building coverage um but it does not create any more lock coverage we do have our lock coverage and building coverage are both existing non-conformities um the lock coverage is staying the same again there's a slight increase in building coverage that's being caused by the investig and then if you look at this other leg of the U here um that's currently the Yol onu restaurant that's where the applicant has has a lease agreement so they're going to create another restaurant area on this side um it's going to have a separate entrance probably a separate theme to it but it will be connected to one big entity um they're going to create a connection to the kitchen in the back here so this kitchen will serve both sections of the of the uh the restaurant uh we're adding a few handicapped accessible bathrooms and uh in this area in the back here I'm not showing it now because this was a previously submitted set of drawings but we are creating a um about 1100 excuse me 11 by1 room where we will be keeping the garbage uh and there'll be a door cut into the side here so when it comes time for the garbage pick up the employees will take the garbage outside we get picked up but for the of the time it will be stored inside and you're adding um the bathroom is now going to be accessible to the Courtyard you're adding a new bathroom that is yes that is correct that is accessible to so Mr Bry I just have a question I'm confused as to ownership and merger and what what's happening here because if lot one is going to remain under separate ownership is that what I'm hearing yes but yet they're being connected as if it's one use yes are they going to be pursuant to a lease they'll be whatever necessary easements whatever easements are necessary although it is it is least space right so what happens when the leas runs out when when the lease runs out if it's not renewed that uh that would have to be closed off and given back to the landlord um uh how about alcohol the liquor license will the liquor license will be uh for the entire space the entire premises but if the if the lease or determining um the uh ownership of that license would stay with BD and would stay with the you know the larger property I I don't know I fig I'm not sure it's doable yeah I mean you need to do a place to place transfer um and expand it without expanding that that's correct that's correct we cly don't want we certainly don't want to leave lot one with sub liquor how long's the lease no 20 years 20 year leas yeah um and is there any there any CH guys are young that's a I'm not trying to complicate this at all I just see complications in what's being proposed um you know for future well this going to be I mean the building's already exist they're they're contiguous today right so you know so we have that door if the yes in the back if the lease were to expire um uh and not be renewed and this applicant does not end up purchasing that property which is certainly consideration over the course of the next 20 years then it would that door would be closed it would be return to its original uh configur configuration as it exists today and uh the liquid license would stay with like I said the African PD real estate so that will have those all have to be conditions of approval yeah and and I think you're probably going to have to again I know 20 years is a long time happen 20 years the business could fail in 20 years yeah you know in 10 15 years we hope it does not the idea is really cool right but um I think you're going to have to come back for for new site plan approval for both uses if if if the use if they were to separate again yeah I think yeah I think that's fair I think that's fair if we would have to come back to continue the would it be you it would be that for the would also be you well would be you for the larger larger property because we're basing this cycl approval on the fact that now you have an interior b a courtyard bathroom and then you're going to lose that courtyard bathroom because you to separate that's right so so you would have to from back yeah yeah I think and also the garbage room yeah have to relocate the Gar so so I think that would have to be a condition of approval too and just hope that our wonderful building department picks up on it in a 15 years but I think the hope is that the African will acquire that property I would hope so too because it would make life a lot easier yeah exactly um and um Tony signage we don't show any signage but it's going to be it's going to be a very small yeah it it'll comply with the ordinance okay um wait I'm just going through uh Dave's report deliveries I I'll talk to you know we'll we'll have we'll have Eric speak to deliveries but it's just typical box trucks um trash we covered um oh there's a um a cool there's a cool sort of plaque right on building that that the Africans are pretty excited about yeah it's a that that will remain yeah if we have to work so so I was thinking other scads out as a possibility if you guys it I was thinking maybe some sort of a historical dedication to the town giving the town if someone is ever going to destroy that sign or want you the count should be given the right to take the sign first so that wouldn't hurt you um is that something that you would report as a as a de restriction again it wouldn't hurt you because the town says no we don't want it then you would do what you want to do but at least get the town right and nothing would have to happen to it in the inurance so you're saying in the event of the sale of the build of the if someone was looking to destroy this does everybody know what we're talking about yes so so that building uh that portion of the building on Surf Street was the original sebrite jail and there is a plaque going and there's a plaque on the building from 1894 stating the which is pre the current sebrite burrow Council it's the original sebrite burrow commission when we were still part of Ocean Township and there's a pack there with the names that that was dedicated when it was the burough jail so it's really cool somehow it have survived this entire back this corner by the existing walk yeah at on Surf Street and I don't know how it survived but it's still there and I'm afraid if they touch it it's going to fall apart but it's there I think the how it survived is it's not just like a plaque that's wall and it's Stone built into the wall yeah so so I was thinking if if maybe giving the town the first right if someone wanted to take down that wall or something the town could have that I'm just trying to figure out how that would you can you can do it I I've seen historical dedications before yeah and so but procedurally I mean buyer come we recorded no but I'm saying after the fact now a buyer a buyer so then the buyer would be put on notice that if they are not going to main that they have to to give them a certain amount of time and says we don't want it they can proceed whatever they want Mark the same thing happened with the school plaque yes so we should look at that resolution maybe well the school resolution we didn't record a deed we just pulled the school that when they were taking down the building if they could deser if they could give us the plaque that was what we would have so we had the advantage at that point we actually knew they were tearing down the school and they did they preserved it for us here's something that's been there and we've never had an opportunity to secure right over it um so it's our opportunity to do so here with this application yeah I don't think it hurts the applicant at all I there's a problem where is it located is in the area where they're going to exit for the no because that's on that's on the Yol bu on yeah it's right there the garbage door is over here I mean I'm hardress to think that anyone would ever want to get rid of it but there are people who do not care about history whatsoever I'm glad I'm glad you I'm glad this applicant does thank you um I think Dave is there anything else that uh just um loading and unloading yeah how was that supposed to happen we'll have we'll have uh I guess the same as it goes on as goes on today but probably should be some something on the record about uh the waiver for parking you yeah yeah I mean Tony so where's the parking lot there's a nice Courtyard across the street the street street yeah yeah um same as it ever was you know um uh there's obviously nowhere on this site uh for parking to be proposed and it will operate as it has in the past what's the difference in capacity yeah between what yolks had and what Rory had to what together you're offering well we're we're proposing um 51 seats in the uh in the Yol side you know it was there before I do not okay 65 you can get up say that there is a resolution from back probably from Harry's right I guess that limits which we found out from Tom ha and we're actually below that as well right same or below yeah well 110 I think was the number for that yeah we'll have we'll have Eric speak to that the only the only difference no increas listen I don't have a problem with it and for myself the only difference is going to be that of course when Yoles and where were an operation they were not running at the same time at their peaks now both places are going be running at their peak time at the same time so that's just something mind but but it is what it is yeah we we need to hear what their plan is how they're going to run yeah just saying on that so so proposed is 51 on the uh lot one side and how many are proposed on uh well we have 100 for the building and there's also seating outside but uh the fire inspector was not he was only speaking of the building itself I believe so so we're under talking about parking so the courtyard does count that's correct so we have parking calcul we have parking calculations for a much larger number on these drawings on the cover if you want to go through that but yes the total number of seats we have 51 in the yolks right we are we are according to our seating layout here yeah um we are proposing 51 seats in the yolks building and 167 seats in the in the the Rory building I'll call it but that includes the courtyard the courtyard was seasonal correct yeah the courtyard is seasonal so it's 50 some in the courtyard that very similar or even a little less than what what it was right and we're not proposing anym any other questions for poning Mr questions I have a question okay you go back to where the garbage room is on the next page yes so that's that room is open and you have the door way from the kitchen to the dining area yes yeah no we it's not showing on this people are going to be delivering food through garbage room building a small office there and the garbage room in this one area you'll be able to zigzag through there to get to the but you're going to close off the garbage room so it's accessible I mean they can bring garbage in there but it'll be closed off and then they'll take garbage out in another room right there'll be there'll be a door on the inside to bring it in and a door on the outside to get it out but there won't be they won't be delivered garage no no and the applicant can keep more and the garbage room will be V ventilated and you know air conditioning probably tiled so can be easily clean well what is how's the garage hand up now by y on you and you know I don't I'm assuming that they just put it out on the curve yeah so there's an improvement from that yes the venting not on the sidewalk on the roof yeah 100% well had to answer just going back to the the seing I I saw the email from uh the Fire official Mr hay uh and he clarified that the original or the most recent Rory approval zoning approval allowed for 110 on the inside not counting with cour right so I think I heard you right but you're not proposing more than 110 it's actually 99 yeah what's the courtyard right just the inside is [Music] that does the does the applicant need to talk about what kind of landscaping or enhancements he's going to do inside the courtyard we want to know that to know I I can speak to looks like they already did it well yeah so um we we were uh some of the Landscaping was already has already been sort of figured out we did we did make it so any lock coverage that creating uh is an is an even exchange of the existing lock coverage so there is no increase in lock coverage by whatever we configurations are being done in this patio but you can see there's some trees here with some open areas where that that would actually be soil or mulch whatever it is and then this whole front area here too is a is an impervious landscape area the trees will be or uh the ground unless it turns out that the ground can't support it course and the planter in the front or up high uh there's a there's a wall in the front um I don't know the Wall height of these Planters yet but uh they they may be 24 in off the ground you added an outside bar I don't think that bar was there before was it [Music] [Music] yeah I was just checking the car um any questions from the public on the testimony Mr [Music] kandur you're so good speechless please raise your right hand to be sworn do you swear the testimony you ought to give here tonight will be the truth the whole truth nothing but the truth yes and please state your name tell your last to the record Eric daily d e y okay Eric just for the record if you would um you're you're one of the principles of the applicant BD real estate Adventures correct correct okay um can you just give the board just a little bit of your background and experience uh in this area um I've owned several um restaurants and bars in New York and Chad New Jersey my primary um Focus right now has been in finance and we saw a opportunity of this property so it would be a combination continuing on the finance arm but hiring a team to um run this on a day-to-day basis and Eric we were talking about um a couple of things well maybe let's go to to uh questions actually let's go to if you can just walk the board through a little bit just the proposed operation the type of restaurant how operation today um or when we do open up the hours of operation probably going to be closed Mondays and Tuesdays trying to figure out the demand um we will not be open immediately for lunch until Friday Saturday Sunday a lunch brunch type of situation and then as far as the evening is concerned um the thought is that we will be closed anywhere between 11:00 and 1:00 at night called on um to all of the regular associated with the liqu license that was issued to us just just to be careful um when you say you're going to close Mondays and Tuesdays is that includ during the summer so I just don't want you to be locked into something no no no I said what we originally opened open and as I may have mention we're going to see what the community demands um it may be at some point 7 days a week with with lunch I'm just sharing day one we're planning on I just didn't want someone coming back clarify that I mean look hopefully it it works and uh but you know we had discussed just advising the board what's going to happen initially and then hopefully things pick up and it can support you know six or seven days and cons laun remains to be seen um and then hours of operation would be similar to the Rory correct okay correct which would which is what do you anticipate well not doing lunch if we're opening up during the day during the morning call it 11 12:00 and then going straight through probably not closing into the din hour okay um and uh we talked about the vestibule I mentioned it real briefly how big is that and what is the function of it so the function is going to be a breing station where if you have a reservation we're going to be greeted by a host or Hostess who will then bring to your table whether it's inside the courtyard or within the restaurants and then um in terms of operation is it going to be or is this fluid is it going to be one single uh restaurant is it going to be dual themed or yes is conceptual um a different experience for use of court guard will be Courtyard a little bit more casual a little bit more family inside is going to be more elevated it's going to be elevated um Irish experience and the um left side the yolks um old property will be more on the Casual side as well so depending on the demographics depending on the experience you want to have if you want to watch a football game or a ball game it's not going to be on the primary side it's not going to be in the courtyard but it will be within the other side um and the fair will be different the men will be different as well what about um that back room on the elevated side is that a private room or what is what is that so we call it the lounge today and at some point um it's either going to be one of two things all depending on we don't we're not 100% sure what percentage of the overall operation is going to be food or alcohol it might be more food thing um so that might turn into a dining room or a private room itself but right now the original plan is that's a little bit more like a speak easyish type of thing um and that will have also access to those plans are slightly different than the ones that were approved by the town for the me plans but it has the 2 AB bathrooms in there and Eric deliveries what do you what do you anticipate uh for delivery so delivery will be coming through um the building if you're traveling you can see the entrance right there we have our walk-in box um so it's going to be going into the kitchen of the old war property okay similar to just put that yeah the door this door here correct so the garbage will be coming out of the notes um and that will be it's 11 room as Tom mention and you're doing and you're going to do private private trash uh so we we uh we're sing with roselli right now and we're going to one like to utilize them the days that the town does not pick up so the goal is I guess six days nobody collects on side I'm sorry this private you're going to have a combination of the town and private I I believe the town is one day Thursday and the other days will be by resel can I ask you a question about uh an entrance from the courtyard to the ools area you're not having we're not just the bom just the bathrooms okay well those bathrooms are for the cour correct but you can't get in from those bathrooms into Resturant correct the whole thought behind is that if somebody wants to have a buy out a wedding party or whatever it might be you have a private um area um with bathrooms as opposed to going into the restaurant itself to bathrooms in the back more bathrooms are correct and this way it limits slow um two two things one the um I don't even know if it's still there but Rory had built that staircase to the roof that's that was G within the first it yeah that was part of our agreement to to receive the co that we had 30 days correct and yes that um that that was taken away as well right and then the second thing is the biggest complaint over Rory's over the years was music in the courtyard because there's all residents in the back what is your plan with music in the courtyard so we we truly do not have a plan as of right now um whether we are going to have music or not I know I used to I have a house in SE my wife and I we would Frank there so I know very much that they played music and I I think some of the problems came that they exceeded the 10:00 curfew and and the decb so we're we're not going to say we're not going to do it but if we are we're going to make sure that we're very compliant with are we going to be like even TI and shut down at 9:30 at night I don't know um are we going to be like donovans and shut down a little bit before 10: if we do it but you're not going to have the large live bands there as opposed to some form of Music we want to keep it open but it's not going to be we don't think it's going to be a daily thing so agree that you will I know you have to anyway but you agree his condition specific condition that no music no music in the courtyard after 10 [Music] absolutely always the danger problem with that place was the music so pleas complain and like weel anyone in the public have a question of the gentleman's testimony if not public portions closed Mr chair I have nothing further um uh hopefully the the the board unless the board has any questions um breathing new you know the proposal is to Breathe new life into existing buildings and uh um upgrade it and have it be become another vibrant part of of the B my only concern is the garbage thing back there it's a little awkward right now we're we're going through a kitchen in here it's not a kitchen I know I know that I know that I listen uh this kitchen area I I think we'll need a new set of plans to we will show on the books what that's going to be yeah we we'll submit revised plan show and show the door the and show the little office that's closed through in that area as well the entire current kitchen of yolks will be gutted so they will not be utilized and it is from a functionality for dry good storage for the um trash room garbage room the 11 by we as well as an office space does the your plan for the garbage room the exit doors from the garbage room that room the exterior you're not going to bring it out to the hallway correct okay you want the door is not showing here unfortunately but the door there is a door here and that so the G room empties directly onto the outside that's pretty big room it's going to be pretty small anyone else let's open it into the public there's anyone in the public have questions of the testimony or a statement about the [Music] application friendly public tonight excellent so far if not the public portion is now closed is discussion from the board or a motion yeah Mr chairman I'll make the motion I think this is a good use and it is what it is already there um I mean I wish there was a solution to the parking there isn't and uh I'm I'll make the most through the application I with this applicant second I agree I'll second a roll included with the we discuss okay Mr Cas yes chairman cam yes Mr Julia yes chairman yes Mr La yes Council Lexi yes Mark he's within 200 thank you this care M how long do you think before you can actually open we um re see right pling approval on Monday or electrical today for the front of the house where the bar is okay next week we're going to get those um inspections our goal is by the end of April awesome great so by the end of April good luck thank you to the community thank thank you on to Eric fishof 12 South welcome aboard yes sir may I like he's stand fortim you tonight be the truth the whole truth and nothing but the truth yes I do pleas sa the my name's Bish my last name is spelled b i s c h [Music] FF Mr yeah man of the hour we have to swear again yes you raise your right hand you sp the testimony you are to give here tonight on this application shall be the truth the whole truth yes I do Anthony Honduras c o n d o u r i s good evening sir you have the board's attention thank you thank you and it's a privilege to speak a part of this board uh my name is Eric fishop as I've mentioned I'm a lifelong Staten Island resident uh just to give you a very brief background I was a New York City firefighter from 1999 to 2019 um I was the stat B TR Ste from 2012 only until a few weeks ago uh to 2014 I served in that position for 12 years representing the 5 Fighters at Staten Island at greater New York City I had achieved five consecutive uh elections in that role um most recently um pertaining to this particular property uh I'm accompanied by my fiance Julia Macky behind me uh we have been um uh quite quite enamic by the bur SE right for quite some time uh he had um come to the attention that there was a house under for closer at the property location 12 South Street uh I had done quite a bit of research on this property and successfully acquired the property in Fort closure um back in January 9th 2023 uh it took a little bit of time to gain possession of the property but I successfully gain possession uh in July of 2023 uh once we gained possession um we had made a decision that we'd like to move to sebrite as our primary residents um and with that we researched local Architects and we come to the attention of Mr koras and his background we were quite impressed with we retained Mr koris uh with the main concern that the property is not at base flood elevation um when we had uh gone over some potential plans the primary concern was to raise the property to propop baseb elevation to provide on-site parking to alleviate parking uh on the street which I I believe these PL successfully do that Julia and I have three children um all teenagers and they all love the beach so the house is small if you're familiar with it it's quite close to this building um we have very modest plans to um expand the square foot into the home and um you know we we think that it'll be um quite an improvement from its current condition the um previous owner had uh been delinquent for quite some time in mortgage pavment taxes utilities and uh water everything on the home is current there were no current violations no have bity since we took ownership I had um successfully um done a similar project in my summer house and M Beach idland where we had done roof raise um that's on summer home this would be our primary and and we had successfully completed that project without a single violation so that's my background and that's my intention for this property and thank you thank you I'll uh I'll walk you through what we're doing here so that uh if you look at the site plan here um you can see that the it's it's a non-conforming lot from the standpoint of of setbacks building setbacks uh but it it is a somewhat wider property than or at least there's more room on the west side of the property than you would normally see in these neighborhoods uh right now there is actually a a one-story masonry garage that's attached to the back of the building here and then just to the west of that there is a an industrial building that's actually being removed because they are right on the border of um the proposed Redevelopment Zone there so just one over from this property is some industrial building that I as far as I know are proposed to be removed so that being said um this garage actually shares a wall with that one building that's going to be removed so the object here would be to just let the garage go and replace it with a deck so that's what you're seeing here in this render you have a deck in the area where that garage was um so the first um let me run you through the variances first here so uh lot area required is 1,800 F feet we're at 1125 so that's an existing nonconformity it's not changing um minimum lot depth is 60 ft we have 45 that's also an existing nonconformity not changing um principal building we have a a zero foot a zero setback uh which is not changing we have a a rear setback requirement of 15 ft we have 6 in that's an existing condition that's also Al not changing um although we are extending it vertically I'll explain that in a minute uh side setback requirements are three and a total six we have uh 0 0 right now and the deck would count the setback so we're maintaining that same setback the z0 setback uh and then maximum Building height we are proposing um permitted is 2.5 stories uh we are supposing three stories uh reason being is the Upper Floor although it does comply with the half story uh from a square footer standpoint it does not comply with a half story from a standpoint of the wall H so I'll walk you through that too on the plan um we are creating uh 44 ft of parking area uh in in the new garage the house is being lifted uh to create a garage underneath so that's that's the first uh priority here was to get the house lifted and lifted high enough to get a garage so that's what we're doing now so we've created two parking spaces in that area um at least two and it's all only two how many do you how many do you need I hope see it's only 40 ft no no I know that I'm just asking how many how many parking do you actually need so it's a four four bedroom home so the bur's ordinance requires two RS requires 2.5 and they only have two only requires two yeah go by the RS which is three I mean we have this just so you know and we're not picking on you we go through this every single application um why do you need four bedro five bedrooms well there's there would be four in this in this home so and um the main reason is our family component we have three children I have an autistic son and I have a daughter so we're hopeful that we can acquire a bedroom for each of the children and and so also the bedrooms if you look at the square footage of the home it it's not a particularly large home it's actually I I would presume on the smaller side so the bedrooms are not large and approaching but it will be appropriate for composition there's no way you can get the car place we just have such a parking property with well there is a driveway on the right um let me get my scale there iiz it is four no that's okay let you you know currently there is no garage you know it's just on the street you I'm sure you're familiar with the street very much yeah so if I could get through it I'd love to together how many bedrooms does the house have right now the there's three yeah the the only addition if you see on the attic are that that's going to create our Master it's not much of a master but that would be our master and then the three remain yeah they are relatively small bedrooms the ones on the main floor here but you know we have we do have about 40 ft of I honestly think you could probably get three cars here if you had to but it doesn't from an rsis standpoint but no one's realistically going to do that is right the space on the drive a little under it's 8 it's 88 in and 14 right so you could fit a small car there is that is that driveway going to remain in the same as what's C the the driver on the west yeah that that would be the same way yeah so folks I'll say this on the record the current driveway that's there you you can park a car orbe it not a large SUV but a midside to a small size car we do park it there regular okay so so so you could get the third car in that driveway I'm he it's not it's not an RSI as compliance space it doesn't meet the dimensions but it's a real5 space one other thing i' like I'd like to alert this panel um my understand standing and you would have more of an expertise than I if you know the street there's a large garage that's there that's Fen that's part of the Redevelopment Zone my understanding as the garage is coming down so even now with the garage directly on the property line you could still get the car in that garage isn't going to be there too much longer is my understanding no I mean I'm happy that that that driveway exists even if it's not rsis that I it over e no wait till we get to go ahead okay so just to walk through the plans um the second floor currently um this is the first floor footprint which is uh existing the second floor currently stops at whatever my hand is here so we are extending that rear non-conformity vertically just just for the second floor uh on the third floor we are stopping it where stops now so extending this vertically so we're extending that variance that require there and then uh this is our finished attic or half story even though it's not really a half story from a square footage standpoint it is a half story uh it just doesn't need the wall that are requ the uh before we go to next land uh the here yep takes the whole width of this property there's no access underneath it you can't get to the back it's FL okay well we we're replacing what was actually there is a structure here now that that's a it's a it's an open space yeah it's a raised de correct and there's no way to get to um that's true the stairs are blocking your way to the back so my suggestion would be to extend the deck further forward and and maybe even step it down one or two giving enough head room underneath and put the staircase along the side of the G uh bring the deck this way uh that would work although that would take up that one parking space if you're just about well actually it's not a parking space 14 ft is a parking space the car is going to stick out sidewalk right I built the two houses next door uh I I know what the property is like it's the car sticks out in the in the sidewalk and blocks the sidewalk so that's not really should be used to parking SP unless it was a little mini but I thought you didn't you say you parked the car to nrow yeah I don't know block it blocks the sidewalk it blocks it blocks the sidewalk you do sir on a small car sir it does not but on the medium or large it it outside which is enough there should probably also be a door going out from the basement floor from the first floor out to that space from the ground enion yeah yeah do well if we reconfig the staircase that you can get underneath it back so Dave are you asking um for there to be a door to the area below the Deb or to the park they have can has to decide what what they want to do I just said to the to the area below the deck some kind of door has a different way of solving it I would think you do both with his experience as a fireman he knows needing to get to the back of the building sometimes you can't get to the back of the building CU when they develop the property next door they build houses there and could put a fence up and you have no way to get around the stairs and no way to get to the back just so clear are you referring to the regress here or on this Flor here no on under the stairs for sure how well we could we could probably just open up here under the foundation to mix sles I mean he Anthony would would have the ex I don't see any reason doesn't get you from the street to that what what what they trying to get to is the fire pulls up there and need to get to the back of the house he can't go the get there's no way to get there oh to access from the rear corre there's no way get the rear on the ground level yes you can go up the stairs against the deck but they're saying that you can't get to the rear and then where are you going to put your air conditioning systems are you going to try to get them underneath that deck you have no access to it so in in the rear here you you should know this is kind of right on the property L that's that's the difficulty but I believe there may be another struction behind it but if you don't have the staircase you have access but Mr is suggesting is that we take the stairs and move here which we could do and create a weight of water through into the main staircase the interior staircase yeah the door right there we have a door next to the sink have a door from the stairwell on well orig probably it would be nice to eliminate stairs yeah we could we could eliminate the stairs and do that kitchen door yeah not have at all you don't have your park space or half park space right and you have access to the back of the house mhm yeah I don't see a problem taking the stairs out uh either take them out completely or if if Mr bishof wanted somebody to get down we could put a spiral stair that he can get that somebody could still get around but you put it in a different location so so then you take away from your deck if you can away back right tradeoff so the only problem that we're having now is that we're sort of changing the entire application I agree and we don't even know what we're voting on at this point if we if they change my objection to this I have no objection to the whole application except for the St no I understand that but I don't know problem so I think the applicant needs to decide if they are going to remove the staircase completely and we know what that we can what that looks like that seems to be the easiest approach or if they would prefer to have a spiral staircase we need to know where they want that on the deck but we need to know what they're going I would I would I can answer that for you minute I would remove the staircase because if I included the spiral staircase even in the re it would just take up a little deck just to get the L in so what I can do is remove the staircase if that's the concern same one and then just have straight interior access directly through the front and be able to access de from the kitchen area so there'll be no exterior St staircase then is what I'm hearing correct yeah that's the easiest outcome for us that's I think that's the easiest okay and and by eliminating it you're not going to recreate the St page where it will block that spot that could possibly fit another car correct you still agree to put a door in the back of the garage toward to the side sure yeah I so B you got the door door from the garage to the open space below the deck and there to provide access onlyc so they have I think Anthony went through this but they have existing nonconformities for lot area and lot um and lot coverage is currently an existing non-conformity and building coverage is currently an existing non-conform VI which although they're adding to the buildings because they're not changing the footprint the building hoverd isn't changing the new variances they're seeking are um the front yard setback which is existing but because they're adding to the home they need a for the minimum side yard those are existing but because they're putting an addition on they need um the side yard set backs minimum rear yard same thing exting but because of the addition they need I'm sorry what is the rear yard set back so the rear yard setback requirement is 15 ft and they're at6 ft and we're going to extend the house up all that property line in the rear three stories no two stories two stories it's only a one story addition right in the sidey yard is 3 ft for one 6 ft for both they're at 0o FT that's what they're proposing uh the front yard is 5 to 12 ft they're at 0t that's what they're proposing um they also need a variance for the number of Stories 2 and a half are permitted they're proposing three stories um the maximum Building height is 35 ft they're proposing 38 ft isn't 38 per ra house right 38 is permitted because they're raising the house um to comply with the uh femo requirements and the Burrows uh flood Hazard flood damage prevention ordinance so there's several existing variances which are not being approved conditions are not being approved on verion by the extension of house and then we're having this third Story by vertual our definition of so it's all new variances but we're not getting rid of any old variances is that the application correct correct well they're getting rid of the garage in the back which was a solid structure and replacing with a deck but since the deck is more than 18 in off the ground it qualifies for sidey set pack so but they did actually reduce the building a little bit one spot and then extended another and I'm not sure how many parking spaces there are currently but they are proposing two full parking space sounds like there's nothing you have you have three you have three better house there now with no parking you're have a four house with two and a half parking yes sir that's correct so you're improving the parking situation it'll certainly improve the parking by by raising the house it'll improve the parking and and you know folks who would have much more expertise on this topic than I the block it floods over time this house must be raised so you know with with the raise and certainly improv the parking um I can't swear to this but uh I think it's quite possible we get three cars over there we have two move the cars when itk don't want your car there pay ATT that got some kids coming up that are all going to want cars what surfaces are are you going to use on the ground is is the new is the driveway area today going to be concrete again or something else is the what's from the end of the deck Stone I would assume Stone yeah the the current composition is concrete so it's in quite poor condition so I would do p okay and did we get our answer on the uh I don't remember on the air conditioning the air conditioning can be in the set pack so you have to decide whether you can try to stick them underneath the deck but then you have to get special condensers that bent sideways or figure out a way to put it up on the roof somewhere I don't know we could also we could possibly put them on the end of the deck too the back yeah I was I was thinking about the um the ductless conditions where I could have the compressors under the deck they don't take a lot of space I may have to elevate them though because of the flood so I may have to raise them up off the ground have to be home or rais on platforms yeah I have them on my my some homebi same like bracket directly too the building bu base you say you currently have a house in LBI I do they like the beach like the beach PL he's familiar with flooding can judge the building but you can't judge the I we every application we approve we always assume the person's not going to live there because we have to you know even though they're saying that that this is going to be the permanent home we always act as if they're not going to but we can't discriminate between the two well I I I'll just just we believe it but it's it's fine but I will clarify for you my house and Mo Beach Islands in high Bar Harbor if you're familiar with that there on the very direct North End of the island um It's a Wonderful Beach town but during the winter it's completely shut down so that that would not be our choice for primary res although we will be there in this and we don't we we don't care it's just because because because no no no no no the the reason he's bringing it up because we know from experience every every we have a dime for every single person who came in here developers that I'm going to personally reside in the premises we'd all be retired with and with with man an LBI so I understand my my my only point in um in uh giving that to this panel was to uh basically alert you that I've done a similar Project without a single violation no no problems from the township uh what a what successfully did that this is actually a bit of a smaller project um but this is this is where Julia and I want to be we're not we're not looking to um to make this a money pit we're looking to liia right and this isn't going to rise and fall on that anyway but we appreciate that yeah we can do that we want you here we want you here absolutely we have enough problems with any other questions board members let's open up to the public is there anyone in the public that has a question about the testimony or a statement about the application not public portion is now closed Mr chairman I'll I'll make the motion to approve the application I like the conditions with all the conditions that be stated yeah we welcome you to the community we ought to repeat them I'll to revise the plan to provide a door from the garage to the open space below the deck uh and they're also going to revise the architectural PL to eliminate the outdoor stair from the deck so as to provide access to the we have a motion do we have a second second roll call please Mr Cash yes chairman conning yes Mr Julia yes Vice chairman de yes Mr Lawrence yes councilman Le Mark Cina yes congratul thank you very much welcome to [Music] ten on screen this big great that's PR and everything's pretty high up already [Music] you're only have five no you have sorry [Music] [Music] allbody by the way you guys don't have you can stay you don't have to we don't think it through it if you we that might have been to just tell people to get their approval still like oh my God we leave be mad at us we won't be mad no matter they weren't about to do restaurant tonight I just had curiosity I want know why old people were here yeah you know a qu on to the Goldens welcome hi Mr chairman this is a Ed variance I do need to step down not because I'm not interested in the application but because leg I cannot participate let the record show that Mr Lexing is stepping down members have to down yeah6 because Ness of the formula no but otherwise you're allowed to go 3T right but their lot is uh deficient width and area so I think them yeah maximum yeah they're actually at 30 total right it was a normaliz l they could go without welcome back uh thank you uh Mr chair members of the board Rick rodsky behalf of the applicants Jonathan and Katherine golden and Rick I I just yes we have jurisdiction the the notices and then the mail will check in appropriate I just do point out we have a D6 and we have six members present in available so understood but um goldens have been snowed out the last two meetings so yeah understood and the excitement of it all sometimes yes forget um okay so in any event uh the application before you pertains to the property located at seven Atlantic uh way it's in your R2 Zone uh the application uh seeks variance approval uh to construct uh an addition to the existing twostory single family residence plus the partial enclosure of of an existing uh open garage um area for storage um this just by way of quick background this is the Golden's primary and resid with their family the the Goldens uh purchased last year in March of last year um and they're living there uh for themselves and their three kids um and so uh it's a little tight they're proposing an additional bedroom um so they can have uh so that they can have that fourth bedroom uh and a kind of hangout room TV room as well that's that's that's primarily what's what's driving the application um there are as there was some uh a little sidebar earlier there are a number of existing non-conformities primarily um I would say the size of the lot it's fairly fairly significantly under siiz so when you're onized in your r10 zone I'm sorry your R2 Zone uh minimum lot size is 4,000 square ft this lot is 2437 Square ft so and and it's also narrow uh minimum lot uh minimum lot Frontage uh is 50 ft uh required this lot is at 322 um so you know not surprisingly there are existing non-conformities with respect to you know s set back uh again which are not being which are being exacerbated by going up for that additional half story um but not not moving any closer uh to those side property lines uh and in addition as you'll hear from Mr candoris uh actually uh they're actually proposing an an improvement to the existing front setback by removing those stairs and kind of U like I said not not complying with the required front setback of 25 but improving it um uh almost double 5.8 to 9.8 5.8 to 9.8 um and so the the new variance that's that's associated with the application is indeed a d variance and it has to do with the height um the height that's being proposed is 38 ft um and also uh whereas the ordinance permits 2 and 1/2 stories what's being proposed is three by virtue by virtue of your your definition uh now you know this property uh this this home was built post Sandy in 2014 so it was built in compliance with FEMA at that time when it was rebuilt so it's not being proposed to be raised as part of this application because it's already been done um so there is a very as a result with respect to the height but you know clearly this height and you'll hear from both Tony who's done a number of the renovations on this block uh as well as our planner you know this height fits perfectly with the majority of the homes uh in the neighborhood um so that's uh that's sort of the background a little bit of the background um not with understanding the uh undersized nature of the lot uh with respect to building coverage the existing coverage is what's permitted is 50% um what exists is 55.3 n and that's not that's not changing that's staying the same and it actually complies with lot coverage 70% is permitted it's in at 69.6 7 so not uh neither of those two to coverage uh sort of IND disa of overbuilding so to speak are being exacerbated uh in any way and it's kind of surprising based on the size and the and of the lot we do have our side setbacks uh to to deal with but again not getting any closer just just going up to that additional half story so unless the board has any questions what I'd like to do is have this stranger step forward another brief swearing okay you swear the testimony you already give here tonight should be the truth the whole truth and nothing but the truth yes please St your for the record Anthony curas c n d o r i s have you testified before yes all right Tony let's get uh right to it again um I see you have on the easel I guess an exact copy of what has submitted to the board what has been submitted yes the board yes I okay so if you would just walk the board through what exists uh at the property today um and the conditions related to it and then what's proposed as part of the application sure so what we have today is a u is a two-story house that's built on a raay foundation which um allows enough room for parking underneath and as you mentioned it was compliant with the F rules back in 2014 when it was built so it's currently a two-story house um what we and it has a the cover deck in the front and a set of STS in the front as well so um we have some uh front setback violations here uh as Mr brosy mentioned we are actually improving the front setback which is currently 5.8 and we're removing the stairs which uh creates a 9.8 front set back okay um that 9.8 is pretty consistent with the rest of the houses on the Block as well um on the lower level which is this drawing here U the house is actually on piles so you can see here the piles uh what we have done is just created a storage area underneath the house which uh creates a trash trash receptacle and basically a Foy because the way up into the now that especially since we don't have exterior stairs anymore the only way to get up into the house would be through the spyer to the interior stairs um we also created this recess in this spot here which creates another parking space which I'll show you toward the end I have a diagram of the of the parking areas uh so the first and second floors remain the same um the addition that we're proposing is a ptic um just like the previous application it does comply with the square foot footage requirements of a of a half story but it's the it's the height of some of the walls that are causing it to be considered a third story so um this addition is actually set back considerably off of the street and uh also off of the back of the house so it's you can see here uh there's a roof deck in the front and a deck in the back as well that uh the addition only sits in the middle of the house so it's it's not a it's not a full third FL issue it's set back two directions uh this is the front elevation here on page V3 uh you can see here I have a dash line uh on this upper left drawing of the front that shows uh the old roof profile so that's the existing roof and that shows you how much farther how much higher actually making the house very what is that what is that measurement what's the difference yeah yeah it's uh 5T higher than it is now and then on the side here uh you'll see this is a we have a couple small Dormers um these are typically required in a project like this because we have to get stairways up into the attic and so we have these areas that are more than two foot of wall which is what's creating this third story situation um and we actually we have to take our height from the highest roof so we are taking our height off of these dor roofs but actually the main the main roof itself um if we were to take the height from there it' be a lot lower but we are forced not forced but we are required to use those Dormers to determine I think I think you mentioned from a square footage perspective we would fly as a half foot as a half stor right but because we've got the Dormers that the walls that exceed 2 ft by definition it's considered full that's right more volume yeah it's more volume but but yeah yes not more usable space that's that these two side elevations give you a pretty good idea of how large that addition actually is you can see it's set in pretty cifically off the front and the back um and we'll we'll we'll we'll have our planner uh just run through the variances but um let's let's just take just address the parking for a moment yeah so um if I go to the so this is the ground level plan um you can see there's a there's a clear area that runs all the way from the front of the house to the back um the house is also set 9 ft off of the curve off of the uh property line so we do have room in the front now I have a diagram to help you see that which you'll probably have to mark because I don't I don't think that is exhibit A1 it looks like it's a sheet V5 what is that for the record uh parking layout okay so this dash line indicates the property lines um this here is that recess I was speaking of earlier that we created in that FL area what that does is it allows us to fit a car now these smaller Dash lines are actually rsis compliant paron Space 9 by8 so you can see here that I'm were able to fit three legitimate rsis parking spaces along inside there off of the property line and then or inside the property line I should say and then an additional car on that so four cars off Street where's the sidewalking curve outside the property line or on the property line uh I believe it's outside yeah unfortunately it's not showing on my side plan here there's no sidewalk I don't think there no yeah okay but either way even if there's not a sidewalk the parking spaces are within the prop that's it's it's p right to the curve that's um Tony just talk a little bit about that storage space um that we're partially enclosing right uh it's an unconditioned space um it's just a protected way to get into the house from outside again we're removing removing the exterior staircases there now so when you pull up you're going to walk in and and be somewhat protected it's not a condition space but you'll be protected as you walk in and get to the main Stairway to get into the the main level okay um just see I'm just look going through um just going through the reports for a moment J is there anything I can make I can make it easy um Tony started putting um the notes that I want for leaders and um for for other items on the plans uh on every plan now so good so even though those are in my letter they're taken care of one thing I'd like you to do is put the elevation of the first floor the second floor and the third floor yeah on you know off a s certificate sure and of course I'd like to see the signature block a little larger okay no problem Christine anything in your um I don't think I can wait till the if you're going to consider the uh the fourth car the third car on the side of property which extends all the way to the front property line well um I think we only we only need four I'm sorry we only need three that's a fourth yeah but where's that picture of the car is there three three to one to the front or four there's there's three on fourth in the front so that third car is in the set back no no this is the proper right here yeah it's in the front set in the oh in the front yeah so you can have you can claim that as a as a a credit for parking spaces in the set pack without a variance uh we not allowed to park cars legally and setback setback or property no set there set before okay I'm not sure if it's a variance or a waiver I think it's wer I think it's a waiver and also your ordinance requires how many spaces with your ordinance require two but they say we have to go by we have comply with the ordinance and so yeah I I think it's a waiver since it's an RSI requirement I believe that's correct and I I believe actually you can keep going here yeah there's room there's more room here so we could set back back there right we'll consider a waiver yeah any questions for Mr cures thank you take your time everybody good thank you sir anyone in the public uh here to ask a question about the testimony not thank you can you add that plan to the set please and resit when it's yes have planner we'll give us some freef testimony on the variances you you got two two in two [Music] in good evening please raise your right hand to be sworn do you swear the testimony you order to give here tonight should be the truth whole truth nothing but the truth I do St ask the record Andrew Jan j a m i w okay um Andrew if you would for the record just uh give the board the vity background experience as a professional planner here in New Jersey Mr Jan you testified before this board many times okay thank you we accept his credentials unless there's anybody okay has question thank you thank you thank all right um Andy obviously you visited the site um you reviewed the plans you reviewed the ordinances and and the master plan correct correct and the review letters that have been issued by the professionals um I'm familiar with the been here many times yeah so you can just go right into uh the zoning certain the application from zoning perspective and the variances that are proposed so so this is within the uh burs R2 downtown district um the board up on easel is an aerial photograph outlining the subject property in yellow which we'll need to Mark is A2 be the aial photo a again what I point out to the board is there's a yeah sort of a distinction in the sides of Atlantic way where if you're looking at the uh in this Photograph the the top portion of Atlantic way what you have is a a mix of uh homes there that are 2 and a half and three stories matter of fact looking at your tax records uh all but the golden residents and this resident are let's say 2 and 1/2 stories lot 9 actually you listed as a three-story home on your tax records the only compliant lot here would be lot one everyone else is deficient in area and in with u most of the homes there range from 28 to 42 ft it's a variety so it is it is a call it a challenge when you're working with these uh with the Lots here um I heard one tonight heard many applications in this board uh in of dealing with undersized lots and trying to make the the existing homes livable so we're here again asking for Relief um the variances that are being requested this evening uh include a D6 variance for height we are asking to add what is technically a third story uh but that uh story will be set back from the front and rear of the home I believe about 11 ft from the front wall of the home and about almost 12 ft from the rear home so that addition is concentrated to the center of the home and we'll read you know very much in a step back manner as you come down the street in this area we're also seeking up uh relief for let me well let me go through the existing conditions and the variances associated with those so this is a 2437 ft lot 4,000 is required uh the lot with requirement is 50 ft this lot is 32 1/2 ft uh the front set back you heard how many uh comment about the removal of the stairs improving that condition with the Zone reques 25 ft but again looking at the area you'll see it's very much consistent at the rhythm of the the street Frontage here along Atlantic way we're seeking a relief for the sidey yard setback where 7 ft is required where 3.74 and 3.81 exist and these are proposed to remain we're not changing the footprint of the home essentially that addition uh is going straight up in the center of the home uh the combined setback requirement is 15 ft 7.55 exists and will remain uh the rear setback uh is 15 ft required 2 ft exist to the deck maximum building coverage is 50% permitted we are at 5539 that's an existing condition that will remain uh with respect to overall loot coverage we are compliant uh so as as I had mentioned earlier this is an unders lot the existing home there is two stories um and we are seeking to do that uh the addition of the third story to the top and I'd like to kind of just Mark three photographs of the character here along Atlantic way this is a photo board with three photographs that'll be exhibit A3 for the record all these photo gr are dated January 4th um and are essentially walking down Atlantic way from east to west uh starting here we have 15 Atlantic way and you can see uh it's it's essentially a 2 and 1 half three story home going next to that 131 9 and 7 we are seven here located so you can see we some with the lower loop roof line here as all these homes read with 2 and a half to three stories and actually there're a little more forward than what we're proposing in terms of the visibility of that top level and then finally again nine seven that's us with the funding here or the uh ribbons and then five uh again these are all uh three living levels whether they're golfy 2 and 1 half stories or three levels we are essentially a two-story home and I think this addition would very much fall within the character of of the mix of housing here on Atlantic way so the the top excuse me as Tony mentioned the top floor would include a fourth bedroom a bath and a you're calling it a sun room it's just the basic play or hangout area for the kids quite frankly the the Goldens have three children the desire is to give each child their own bedroom um and that is what's necessitating the desire for this addition uh with respect to the master plan your master plan U very much stresses the need to maintain the character of the neighborhood and to provide new housing opportunities or to enhance housing opportunities um I know the flavor of this board is essentially you see a lot of tear Downs U to the extent that you can maintain the character or or work with someone an individual with an existing home you always have been very receptive to that I think that's the case here we have a two-story home we be dead the fourth bedroom to this it's very much in keeping with the character as such I think it's on point with your master plan uh with respect to the public purposes because an application shouldn't just be for the benefit of the applicate themselves I believe there are two reasons within the municiple Landes slw that are that are quite fostered by this application uh the first is to promote the establishment of appropriate population densities and concentrations that contribute to the wellbe of persons neighborhoods communities regions preservation of the environment this is a single family n uh neighborhood we are a single family home we're hoping to make that more livable and and as as we take smaller homes and make them larger certainly they become more desirable for full-time residents and I know that's heard the board tonight saying that's not something they take into consideration but to the extent that you have something that can be maintained within the character and be conducive to full-time residency I think that's certainly a benefit to not only uh the applicants but to the community and finally to encourage the coordination of various public and private procedures and activities shaping Land Development with the view of lessening the cost of such development into the more efficient use of land and we have we have a perfectly good home here in terms of bones of the home uh we do need uh another bedroom just to accommodate the familial living arrangements here we are seeking to expand that and it's it's sufficient to put an addition onto a house as opposed to coming in and building new um and as we had indicated that had we come in and built new you know we uh we we may be able to raise the house or or whatnot but in this case this house was built originally in compliance with with your ordinances and we are seeking to put that uh the half Story the full story the third story onto this in comparison to the character of the neighborhood so what we're seeking tonight in terms of the height really is a D6 variance we are more than more than 10% of the permitted height uh in excess of what's permitted here because this is an undersized lot our height is capped at 30 ft we are asking for 38 U the existing home I believe was to 33 ft the exis uh yes yes so I think the the existing home took advantage of the 3 ft uh the addition would essentially add another 5 ft to the height of its home and it would put it in a very much consistent roof line with what you see here in these photographs of long Atlantic way so when we're looking at a D6 variant this is qualified under the U the cry Square criteria not the medich criteria meaning the use is permitted and we focus on the deviation can the lot accommodate the deviation that's requested can the lot accommodate the additional 5 ft in height given the context here given what we have surrounding us um I certainly believe that it's in character it's not going to create any harm it's not going to create any uh type of issue in terms of light aired open space that doesn't already exist along Atlantic way here so I think from a positive standpoint this is a good application with respect to the negative criteria one related to the use variants we are consistent with your master plan in terms of accomodating the character of the neighborhood and when we look at uh any detriment to the neighborhood we took have look at the nuisances and and I'll go through that the bulk variance relief as well but this is a single family neighborhood we're accomodating parking on site as was just discussed uh we're not creating any additional noise or trash or drainage issues we're essentially following the same footprint of the building going straight up uh it will be set back to soften the appearance of the height so when we look at it in terms of the D variance relief I think this is a good good application of qualifies for the D6 variance that brings us to the bul variances and both variances can be C1 hardship variances or the balance test for the C2 criteria and in this case we have an undersized lot with deficient width there's nothing we can do about it that's what drove the footprint of this building we're honoring that forfront of this building going straight up uh so when we look at the relief that we're seeking really the uh the Crux of it because we're stepping back the house to the front and back the real Crux in terms of what could potentially be an issue would be the side yard setback because we are going straight up along the sidelines uh and and not for the entirety of the building just for a portion where you see that's kind of like a t-shaped uh addition to the building so the question is will that create any kind of issue to the neighbors so that qualifying Under The Bu variants really we look at whether it's applicable to a specific piece of property it is whether any of the purposes of Municipal Landing law would be fostered I read two into the record that I believe would apply to the bulk relief s that the benefits of the deviation would outweigh any detri again the benefits of this application is making this more relable reinvesting in the property and making it more conducive to year round residency uh with respect to the negative criteria can the variants be granted without substantial detriment to the neighborhood I don't or to the public good for that matter um I don't see anything here that becomes a substantial detriment uh it's very much consistent with the character of homes on either side and along that side of the Atlantic way so I don't think we can say that this is a substantial detriment to the neighborhood is a spot on with the character of the neighborhood and I don't believe it'll substantially impair the intent and purpose of the Zone plan again because the Zone plan looks to Foster the character of the neighborhood of doing that so when we look at this on balance I think the bulk relief can be granted it's a it's a factor of an existing home that we're looking for a simple addition on along the roof line um and I'd ask the board if they have any questions [Music] any not anyone in the public have a question about the witnesses testimony believe you plan oh no um I think uh I think we hit it we got it yeah I think Andy covered everything thank you he's done this before yes thank you very much thank you any discussion I have a question there are when you turn this house into a three story there are different requirements for three story rocking it so you're just doing this one bedroom on the top floor does that trigger any of those changes for the floor you out it does not only the construction of that no as long as we're under one3 of the floor below we can still qualify as 5A construction so you don't have to do any of those you do any of that for the other four it doesn't trigger that it does not and that's because of the square foot because of the square foot but because of the height of the side walls it triggers the barriers for for the third story even your correct I understand let's open to the public is there anyone in the public that has a a question about any of the testimony or a [Music] state I I have a stand up how you do please St your name for the record right hand to be sworn do you swear the testimony you already give here tonight should be the truth all truth nothing but the sure D and please state your name last for the record Tom ly l r g I'm the attorney for the people that are on 14 L our away I just like to say that I wish you folks looked out for 14 well away like you apparently you're doing here tonight you allow the house to go up that puts us in a shadow I don't know why that was passed and quite upset about it so I don't know if you remember that situation there's a four-story house essentially that puts our house it's at 14 mil away in a shadow it was supposed to be 18 ft to the East and somehow came 11 Fe closer to the west and the Shadows there thanks for looking out for the town thank you thank you sir there anyone else in the public there in the morning please ra your to be you swear the testim you already here tonight be the truth Tru nothing but the truth I do it's l Liber in the public we can't have comments because we can't hear what going on up here very disrespectful sure L Liberator l i a t o r uh uh we live at five Atlantic way right next door um just want to say that I think they deserve all the same VAR right to build for their family as we all have on the Block and uh you know being the closest neighbor to it there we have no problem with it just want to make sure that was yeah it doesn't matter for you guys whether they're good people know but they are so thank you very much anyone else just Mike Welty Wy I'm at 49 W place um please raise your you swear the testimony you already give here tonight be the truth the whole truth nothing I do um I just wanted to second that um the Goldens are a great addition to our neighborhood um which is not always the case when there's renters in some of these buildings so um everyone in the neighborhood that I know is all for it um it's it's a great addition to an existing structure so just wanted to say uh that the neighborhood is all in favorite and our families as well thank you anyone else in the public if not public motion is now closed discussion for a motion I'll make a motion to approve this application second roll call please okay Mr C yes chairman C yes Mr J yes chairman yes Mr La yes thank you Mr chair of the board thank you thank you there any other business before the board to we have applications for thanks folks we're just about done we're not done yet Qui just for a minute we're almost done what was the question I I asked if there was a schedule for the March meeting [Music] [Music] what okay he doesn't want to he wants St two St on one don't have to discuss the appliation is there an application going to be on March 12 so that there is an application there are two more in the pipeline there two more in the pipeline that came in there two more applications that came in the pipel Southway and there's another one going to be 26 Southway needs some flood plane I think it's 14 southw they have to figure out whether or not the property is 50% more than what's existing should be raised the garage building department has asked for those and they haven't gotten yet all right then I'll make look to a Jour else all in favor meeting Jour Mark 12