you're good evening meeting of the Zoning Board of adjustment bur of Somerville for June 19 2024 will please come to order Advocate notice of this meeting as required by the open public meeting act has been provided that on a copy of the notice specifying the date time and location was posted on the bulletin board outside bough Hall mail fact or email to The Courier News and given to the clerk administrator this meeting is a Judicial proceeding any questions or comment comments must be limited to the issues the board May legally consider in reaching a decision and the Quorum appropriate to a Judicial hearing must be maintained at all times rule call chairman Adair Mr allet here M carpinet here Mr McLaughlin here Mr O'Neal here Mr Vimy here Mr Flores here Mr Alvarez here Mr Daniels here so make a motion to excuse Art's absence I'll make a second all in favor I please stand for the Pledge of Allegiance pled Ali to the flag United States of America to the stand na indivisible liy and justice for all yes sir you know just for the record Arts at is at the juneth county celebration he's been recognized there for his work in the cemetery that's that's why he's not here I would like to have attended that but I I was there I had had to leave see all right approval of the minutes from the May 15th meeting second all in favor all right we have some housekeeping Cliff you've been busy think we got everything up the time so all right I did not have received any any any uh uh feedback from theard I me I'm presuming that the form and content of the resolutions are fine I did go over them with the applicants attorneys uh you know and everything whatever was in there was worked out but there was very little so I think everything is ready is the forming content and has been essentially certainly I commended to the board for the approval for their approval um I know that sustain was apparently extremely so that's at the top of our pile um and you know but there are some other very important ones needless to say gr Street West Cliff B but they're all important so they're ready to go and uh I think we can we can adopt them okay we going to go one by one because not everybody's eligible to vote on each one you that J all right resolution 20243 Z 50 West Main Street roll call uh Mr allet yes Mr mlin yes Mr O'Neal yes Mr Vimy yes Mr florz yes Mr Alvarez yes Mr Daniels yes resolution 2023 d018 Z 90 grow street I'll move it second roll call Mr alet yes M carpinet yes Mr mclaughin yes Mr O'Neal yes Mr Vimy yes Mr Alvarez yes Mr Daniels yes resolution 20230 one5 Z 6 West Cliff Street roll call Mr allet yes M carpinet yes Mr mlin yes Mr O'Neal yes Mr Mr vinsky yes and Mr Alvarez yes resolution I know the board another okay that's first and second roll call Mr Alec yes Mr mlin yes Mr O'Neal yes Mr vsky yes Mr Flores yes Mr Alvarez yes Mr Daniels yes resolution 20242 Z 141 West I'm me a second roll call Miss carpet yes Mr mlin yes Mr O'Neal yes Mr Vimy yes Mr Flores yes and Mr Alvarez yes all right resolution 2023 d012 Z 159 West Sumit Street roll call Miss carpinet yes Mr mlin he likes it anyway Mr O'Neal yes Mr vsky yes Mr Flores yes Mr Alvarez yes all C up there got one more yeah resolution 202 24- z6z 16 East Summit Street I'll move it roll call Mr allet yes M carpinet yes Mr mlin yes Mr O'Neal yes Mr Vimy yes Mr Flores yes Mr Alvarez yes we get them all yeah Co all right uh application 2023 d019 Z it's the 2011 East Main Street snowco llc at been uh carried uh to November 6 they will Reen notice uh for the record if there's something opens up beforehand they're going to try to get to that one but they'll Ren notice all right wolf Properties LLC 35-37 North Bridge Street you're up evening before we start can I ask Mr gib a question are you the is your firm the board attorney and I was always under the impression that if you're represented a board in town that you were unable to represent a client in front of a board even though it's not the same board and I wouldn't want this applic application to be challenged after we G through well technically technically you're correct because generally it's it's unusual that the I will tell you I did it I've done the same thing in hand over Township and some other municipalities sometimes it becomes a r of necessity and in this situation I mean I think the board can proceed I don't think it will be an issue I mean as a matter of prac is something you know ordar want to do though um I don't think it's something that we need to be I think the board can proceed I mean as I say I'm cautionary as to it uh I you know was aware of it I didn't I didn't believe that that should be an issue I certainly don't think it's something that should happen you know often but I know there are times where fact I just had one at the Happ the partner of the actually partner of Zone came before me as an appli attorney and the same question came up and U know we discussed it and we said you know I wasn't going to admonish anybody I said okay you know they know the rules of the game and sometimes that happens there may reasons here that have nothing to do with anything anything else so I think we can so you're confident you're protecting us so that we're not going to be reprimanded or sued in the event that somebody would challenge I believe that I believe un unless there's an intention that I know of that we challenged I don't think problem I wouldn't Rec you know I don't want I don't want to become contr here I wouldn't Rec you I don't know that I agree with that honestly I know there's a there's a split jurisdictions on so that's what we're ofing I mean I'm with what you're talking not it's mpal family you did once before when I've been in no understood it was an exent situation so I didn't frankly I didn't think it I it was something that I just basically wouldn't do it as a you becoming habit with us Cara is that C I think in the past though we we have had issues many years ago Mr this I would I would take the position at this point that I think going forward it would not be a good idea right I mean I I I assumed as I said on one previous situation was I think in that situation probably could have excused would kind of a no AR no foul but here I think you know think I think going forward just just I'm not I'm not implying excuse me I'm not implying or imputing anything about you or anything like this I'm just saying it's not a I mean I deal with this periodic sometimes at the exception we have the Lawes certainly not does not go in that direction I mean I know you heard I understand the decision refering to but there are other decisions that don't go that way uh it's it raises issues with the local government ethics law and stand by my advice you're I mean it'll be up to the board I mean I'm trying to I I you know I tend to be very conservative on on ethics issues on conflict I also understand as I said in the past there were I guess you could circumstances I didn't know anything that would me direction and I didn't say anything about I didn't know you be I you down I need to I think we can proce I just asked the question that's all not trying to unemploy you no I'm not trying to do that I'm not trying to do that either I want you to understand I respect the position you're in I just had a similar discussion with Glen all sometimes you have to go ahead and do it so I believe you can now proceed you're very welcome Lo to ni C WI go ahead hey Mark how are you good to see you again we accept mark than of two off re off he speaking of the microphone it speci I e to to those are his PL or toward the I guess that would be the East Mr Maran I just want to confirm these are the plans that you find the copies of the plant yes this is this is the copy that has been filed it's okay they don't need to be marked in his evidence all right that's fine go ahead you don't need to mark that as evidence right no no and there was also some comments about the lighting and there's some existing I would refer to it as residential Lighting on the building at the uh the back door and there's also a light at the front door which we plan on keeping and they're uh very uh minor in nature there's no looks like there's an old spot that I even doesn't even look like it's functioning but uh there is a two small lights at the two entrances and the is not proposing at least at this time to change any existing lighting no we were just going to keep those not those fixtures but those light locations um I just want to take a quick look through uh Mr Cole's letter and see if there's anything else that uh the board may want some comments on that might not have been addressed in my letter um discussed parking you did the applicant will agree to amend the plans with regard to any changes or comments that the board may require this evening yes think everything else has been addressed in the letter you know what let's talk about refuse for a second um is there any refuse area proposed on the lot it was a good spot for it uh back by the uh craw space access Bas ACC okay so we'll talk about okay so um how many containers they would be typical uh Refuge containers one for garbage one for recycling I'm I'm I'm familiar with Rec well it's probably the same as Somerset County so there I think there's at least in my town there there's two Recycling and one refug and that would be separate one separate group for the commercial aspect and one separate group for the residential aspect I don't know how they do it here mik how how does that work this the commercial property can still put to the curve right for new businesses the answer is supposed to do their own Pi up however in a situation like this I don't know how that done they're all curbside pick up by the county and I don't know how you distinguish from the to but typically policy is that any new businesses take care of their own recycling Solid Waste pick up in reality I don't know how you distinguish the two on the back I don't think there's sufficient space to break them up nor does for a professional office with three people how much refuges are they going to be generating so in this specific application I think it just put the cans on the back an area and bring them to the street I I don't see other way of doing it and we would certainly be amenable to a condition where if for some reason what we were doing was insufficient and again I think Mr Cole's correct uh there this is just going to be a daily Monday through Friday operation professional office operations there's not going to generate a lot of Refuge but if for some reason there is a problem we'll certainly take care of any sort of personal pick up that may be necessary we certainly don't want to dumpster out there right space yeah correct and most offices today are pretty much paperless so you don't even you don't even generate much you know strap paper except for us well yeah we're good at it office generates a lot of fa um we talked about uh did we talk about the attic will the attic be finished no there's an existing set of stairs that lead up there they're quite narrow and uh the attic is not really habitable in any sense so that will not be utilized for any residential purpose correct correct yes um how about the crawl space the basement is broken up quite a bit the you know it's a stone foundation with a brick up out of the ground and various levels and so it's not really at all habitable it looked dry when I was there but uh never know uh it could be used for minor storage there obviously there'll be a mechanical unit down there and holler heater things like that in with that the uh HVAC equipment can you just describe that and the compressors a little bit more yeah the two compressors are going to be back behind the building back by the bid doors on which which area oh the same area you talked about okay there's one there now it's very large and old the new ones will probably two will fit where that one is and they will obviously comply with whatever noise requirements uh of the state they they would have to yes correct uh how about the utilities will they be separated for the commercial and the residential they should be it looks like there's two you know I don't know there's two meters on the side of this building right now um on the North side uh near the street uh I didn't notice so much the gas but they would have to be separate and I don't know how the meters are are done right now did I jump in at this point how are you going to heat heat this building typically on a situation like this um I don't know if there's gas to the building to be honest with you uh but you would have a unit in the basement that would feed the first floor and a unit up in the attic that would feed the second that's where I was going with this split it' be a split system but yeah that would be the right way to do it with a furnace room in the attic and heat from above right hot water heaters might depending on you know the choice of they both could be downstairs it' be easy to Plum them up so you probably didn't have a utility rooms separate up in the attic then yeah there's great access to it from me there's no cool down it's it's a narrow stair but it's you know it's not habitable but it's good as an old stair I can relate to that I'd live in one of those but but the at it's a yeah eating plant in the basement eating plant in the Attic more than likely yes and then water heater you're not sure the water heater I don't know if we both go in the basement or they would do the same split sometimes putting a a water heater in the Attic is not the best it's dice yeah I think that covered everything in Mr Cole's report that I didn't specifically address that might have required a little more testimony um anything else you'd like to explain to the board no I just it'll uh I mean hope to bring it back to what it was at one point in time of course look nice what that porch is going to look nice yeah yeah yeah well looks kind of silly this porch roof with nothing there at the moment well they did that because the porch keep falling apart they cost the for to put back together it was cheaper to take it down yeah I have no other questions Mr have any other questions for Mark I have a couple on the Ada I I know the letter says but spot rade you're going to have to do that to show 2% the 8 has to be flat which is okay where where that is so just where it is accessible you have to show an accessible route to the building but the building does not have to be as you pointed out accessible unless the the renovations meets the threshold and adaptability so you just have to show some spot grades out there to get to show that that van accessible space right applies it's pretty flat there so I'm pretty confident that it doesn't have you can just be relative to each other I'm not saying it to bring in control a mile away tie it down to 29 datm you can do on site just show me that that area is 2% okay and um the signage has to comply with state code which is and and so forth and then I know Cara mentioned this there's three or four and a correspond there's three or four Lots connected together and the policy has always been to try to get cross access eents to the Future join them now I understand the applicant has his own paring lot and it works and the driveway has a shared relationship I I'm just suggesting that maybe a reciprocal the applicant would Grant the adjoining property permission to park there if in the future the adjoining property was in front of the board and did the vice versa the idea is that they to try to try all the Lots together to make a really efficient layout now obviously the the other applicant not the applicant the joining property is not here and the applicant's uh parking complies with the exception of medical which right I get to in a second so I'm not suggesting that he needs a cross assess easement for this to work it doesn't I'm just thinking down the road to try to tie them together uh I'm not saying Grant an easement without being reci I'm just saying should the joining property come in front of the boards that that would be trigger for them to give a process you have so you could park the adjoining property that's all I'm suggesting yeah should that happen the applicant would certainly be open to having that discussion um of course that would depend on you know coming to mutual terms and maintenance such um but uh should that be necessary um you know the board would entertain that discussion with the adjacent property that's fine we've had issues on comparable properties I think that's appropriate way to approach it right yeah be from the front there's an existing set of stairs in the front and you want to show him where that is any other questions for the architect anybody of the public have any questions of the testimony just given you're all set mark thank you thanks thank you Mr chairman um and then our next witness uh is Mr Gabe Bor hi good evening would you stand and raise your right hand you Solly swear the testimony you're about to give me this matter will be the truth so help you God I do please state your name and spell your last name for the record Gabe Bor b a i l e r thank you very much councelor thank you Mr bar you just State your resume and credentials for course uh some boards you've appeared for before sure I've been a licensed planner in state of New Jersey since 2007 I've also a member of American Su certified planner since 2007 I've testified uh cross boards throughout in Jersey including about limited to Westfield South Orange planfield Jersey City New York and I've been accepted as an expert you the bar thank you thank thank you very much um okay so Mr Balor you are charged with uh not only describing the site the adjacent properties but also laying out the pre-existing conditions that we need relief from tonight um so take it away and I think we're going to start with some yeah I'm GNA hand out some exhibits were these previously filed or these just brought this so the first one they just submitted today okay they should be marked the photos this particular photo was in your packet so we're not going to mark that if You' like a copy in front of you though we can just give you that so you can see it in color all right this other that needs to be Mark yes yes correct this other one though we do need to Mark so you want that as a I'll make it A1 A1 oh everyone has it all right great I think efficienc prepared exactly we have the problem all right so all right good night Mr chairman I I mean good evening Mr chairman members of the board as mentioned gab Bor I'm here behalf of the applicant as Council mentioned there's numerous variances required uh there's a d uh def for f variants and there's existing conditions uh non-conforming conditions for minimum lot area front yard setback right side yard setback combin side yard setback lock coverage and then there's existing non-conforming side conditions for driveway location and parking space so as mentioned before this is at 3537 Northbridge Street as you can see on the picture that it was provided that that uh provided to the board the building is in need of repairs uh it has great bones has some great ornamental architectural details uh but it needs a facelift it's been vacant for approximately four years uh it's uh previous a law office as you could see on the signage and um it it it definitely needs some renovation so what what the applicant is proposing as mentioned before is to renovate the exterior of the building make it atically improvements uh rehab the exterior make the the ground floor uh office space for the real estate development company for the applicant and make the second floor a two bedroom apartment uh as well there's going to be a new front porch and uh and make the parking in the back right now it's non-strip parking spaces there's no parking space no stripe parking spaces so we're going to stripe the parking spaces repave the asphalt and provide a parking spaces in the rear of the property as you could see on the aerial uh photography that I provided this in terms of the location of the property it's in the P Zone uh the uh for office and residential and this in terms of the context of the lot it's a minimum lot size requires 10,000 Square ft what is existing is 6,942 Ft this is an existing condition and from that exhibit that was marked A1 uh what I also showed is the surrounding properties on the same block that are in the P Zone that don't meet the lot area requirement of 10,000 square ft so you see that these are existing conditions it's in tune contextual with the surrounding lot sizes uh for the properties in the pr Zone within the block and also you can see this in terms of the relationship of the building to the downtown it's a block away from the central business district it's right across the street for government buildings uh so this in terms of planning purposes and repurposing this building for office use and residential is something that uh well I I'll I'll mention but you know meet planning criteria so let's go over the the proofs and the criteria needed for this so as mentioned a D4 uh variance F variance is required where a maximum of 25% is permitted or 1,700 1,735 square square feet on the 6,942 Ft lot and what is existing is 31.0 2% and uh 31.0 2% and 2,154 square ft as mentioned this is all existing we're not an expanding any the building this is all existing so I'm sure as the board is familiar there's the positive negative criteria the positive terms uh criteria variances can be granted in particulars cases for special reasons and the negative criteria proos variance can be substanti without substantial detriment to the public good and will not substantially in impair the tent and purpose of the Zone plan however this is for a D4 variance so there's case law the Coventry versus Westwood case uh Court reasoned that a D3 conditional use is in question is essentially a permitted use was not comply with one or more conditions by the ordinance and therefore should not be held in the same standards of non-permitted use as well the courts the Rand Randolph versus town uh Town Center the Coventry case was appal the d4 variant for using the basic same reasoning that it that the permitted uses of the office use and the the the two-bedroom apartment are permitted however the F controls the intensity you know in terms of also that the case law said that it's not if if the site is particularly suitable it's in terms of if the property can accommodate the increased F increas increased F floor area with the property so in my opinion the positive criteria for the D d4f R variants is as mentioned this Flor area is existing we're not expanding the building any way it's an underl undersized lot as you can see by the exhibit the surrounding lots are also undersized for the P zone for the 10,000 square fet there's sufficient parking uh seven parking spaces required there's eight parking spaces provide inclusive one handicap parking spot which wasn't provided before as mentioned the size and scale is comparable to the existing building building is in North Bridge Street it supports the downtown which is only a block way and in in essence I I feel this is kind of within the central business district in sense itself uh it's a vacant property that's been vacant for properly four years and I think this is appropriate increase f for this location to being a block within the downtown as well it supports the following goals of the 20199 master plan the goal is provide a range of housing types to meet V varied residents populations needs as well as to preserve established residential areas for promoting promoting Redevelopment by establishing red Redevelopment areas you were providing a two-bedroom apartment which wasn't previously provided and it's also within walking distance of the downtown also policy is increase the opportunities for households to obtain satisfactory housing at a variety of prices this in terms of this is not a single family it's a two-bedroom apartment it's in location within the downtown court no close to public transportation as well also the 2019 master plan the goal is to encourage development Improvement of non-residential uses in designated area a strong business Community is vital to the fisical health of the burrow this is my opinion I even though it's not on Main Street itself I still feel it's within the central business core you're providing a office this use that applicant already said he's going to occupy by his real estate development company so it's not going to be for lease it's going to be soon as if if this application is approved and improvements are done that this will be occupied by the real estate development company and is well providing a two-bedroom apartment above uh also as well 2019 master plan supports uh support this Central business district so it continues to be a place of destination I feel that repurposing and and taking a vacant property and occupying it is it you know makes makes this continues the strength of the CBD and makes it a place of destination and also the goal of the 2019 master plan improve the physical appearance of businesses in the CBD to further create an attractive and diversifies business area as mentioned before by the architect you can see the building needs improvements we are going to make uh physical exterior improvements to the building touch it up restore the ordinate architectural details the bones restore the the porch and really make it a aesthetically pleasing building uh in terms of the negative criteria for the D4 uh F variants as mentioned before you this this this is existing uh there's been no de detriments with the existing floorers with the property in the past provides the required parking uh the office and two-bedroom apartments are permitted in the pr Zone this is permitted uses we're not here for use variants and as mentioned I there's no impacts of the 2019 master plan uh there's also C variances required uh in terms of the variance C variances there's a C1 which is a hardship and the C2 where the P purposes of zoning be Advanced and the benefits derived by the uh benefits derived by the variant without weigh any detriments also in terms of a c variance I have to show the negative criteria where be substantial detriment to the public good and will not substantially pair the tent and purpose of the Zone plant as mentioned before these are all existing bulk conditions uh the lot area is requires 10,000 what what existing is 6,942 square ft the front yard setback which required is 25 ft which's existing is 14.9 Ft the right side yard setback what is required is 8 ft what's existing is 1.7 ft the b side yard setback which requires 20 ft and what's existing is 13.8 ft and the lock coverage uh Max permit is 50% and what's existing is 81.48% these are all existing conditions it's uh in my opinion that these meet the C1 hardship as these are all existing conditions but also I feel that they meet the C2 uh benefits as well because you know you're taking this property uh that's been vacant for 4 years years and repurposing it providing new life to it and and making exterior uh improvements uh as well there's also some existing non-conforming site conditions as uh identified by your planning requiring SE variances uh the driveway location which requires 10 ft from from the property line what's existing is less than 10 ft and the parking location is required more than feet more than 5T from the property line and some of the parking spaces are less than 5 ft as mentioned before these are existing conditions it's my opinion that this is a C1 hardship also in terms of the purposes of the municipal land use law I feel this applica application promotes three different criteria uh purpose a to encourage Municipal actions to guide the approp appropriate use or development of all lands in the state in a manner which promote the public health safety morals and general welfare as you can see and as mentioned before the proposed improvements uh occupies a vacant property and make it an active use make active uh residential use that's within walking distance of the central business district quarter on West on West Main Street also purpose G to provide sufficient space and appropriate locations for a variety of agricultural residential recreational commercial and Industrial uses in open space both public and private according to their respective environmental requirements in order to meet the needs of all the Jersey citizens uh in my opinion this is appropriate location uh it's within walking distance of the CBD uh it's a prime location this in terms of uh residential and office space and I think it's definitely an appropriate location and purpose I to promote the desirable visual environment through creative development techniques and good Civic design and Arrangement this will be as proposed as architect mentioned doing exterior improvements to the building a 100y Euro building that has great bones and this really giving it a nice face lift and bringing restoring it to the historic character uh as well in terms of the negative criteria for these C variances these are all existing conditions you're not creating any new variances uh the lot dimensions are similar to the characters of the of the Jason properties the the uses are permitted in the pr Zone and there's no impacts to the 2019 master plan there's also a couple design waivers uh which were identified uh first one is a shade tree and it's one tree for every five parking spaces uh we're not proposing any shade trees in the parking lot uh this is an existing condition uh it's existing perious back there uh so we're not proposing any shade trees back there uh as well as mentioned before uh the curbing uh in the driving the parking lot as you can see on the exhibit the parking lot six is a public parking lot in the rear there's actually uh curbing to to separate those two properties but you know when you have curbing also it it impacts storm water and it does some ponding for the property so it actually has some negative impact in terms of storm water flow uh another uh design waiver is a 5T landscape buffer around the parking lot we are not proposing that because if you provide the landscape buffer this will impact the required number of parking spaces so it won't be sufficient parking to provide for the office use and the residential use and the last one is uh a street tree um is one tree for every 50 feet um the applicant has made a determination that he will work with the engineer to to see if he can find a suitable tree to be put on the street if not there's that waiver where you could do a contribution to environmental commission um so as mentioned this is a positive application you know all these conditions are existing uh the existing F existing site conditions bulk bulk bulk conditions these are all existing non-conforming we're just repurposing the inside and because the change of use on the second floor to make it from a office to residential created the process where these variances were required so I think this is definitely something that the board can look on positively and the positive that way the detriments in terms of this Varian thank you yeah I tell you just let me roll that was wonderful exactly I think you hit on everything um I just kind of want to hit home to the board very quickly each one of those um variances waivers that you outlined are all pre-existing and will not be exacerbated At All by what the apposing um and I think you also hit all of the items in our response letter uh you hit the street trees we talked about the curbing I don't think I have any other questions Mr chairman have any questions on testimony just given anybody from the public have any questions on testimony just given your ination time okay thank you thank you all for your time um I will submit that the relief that we are asking for again all pre-existing non-conforming conditions will not be exacerbated by the proposal and all of that relief is outlined on pages three four and five of Mr Cole's report um we are willing to abide by every item and every representation in our uh response to that report dated uh today's date um and also with regard to the conditions that were mentioned tonight um other than your I'm assuming your standard conditions um the Ada uh spot grades two uh which must show 2% from the Ada space uh to the entrance which we did uh indicate otherwise in our letter but we do understand Mr Cole's position and we will be willing to do that um as well as uh agreeing to work with the uh Jason property owner should they come before board to figure out if there's a possibility for some sort of cross access easement um so it would be your client's position that they would comply with the terms and conditions of Mr Cole's report except as uh except as Modified by this proceeding um Yes except as might be noted in my letter and I think that so let's just very quickly just so the records clear uh one is fine um I didn't get your letter so I me I'm kind of sorry um so one is two is with regard to parking I think we've covered that three is with regard to what I just indicated concerning the cross access uh that's three that's fine um spot rating we've agreed to do um we did indicate that we were not seeking to install the curbing along the western property line that is the one item that is item A7 so that would be one we could not comply with um we agreed to fix the tripping hazards um trying to find an appropriate place to plant the street tree if not we have the 650 contribution uh we're not proposing to amend the existing lighting or install new lighting um should the lighting be installed be residential Style as well regarding the parking I agree with the parking complies it may not comply with medical so should the board approve it if down the road I know it's not being proposed now a medical use would be proposed just an informal application the board to show that it it complies I'm not saying a formal application just informal that show the seven spaces comply because with medical it's one space per doctor so I I agree everything going on I'm just saying future an informal application to show that should this pop be used for let's say a dentist office in 10 years that they demonstrate that the parking is sufficient for that application and I would submit we'd have to do that anyway so we have no well condition absolutely and I think the only other one uh was in item g n and that was with regard to the sanitary sewer lateral was some work that was already done the applicant can provide that information to you and if there's anything else that's necessary we'll certainly work with you right if there's documentation should the board approve this that the line was beair PVC something otherwise just televised it because the building's 100 years old if it's PVC I'm not worried about infiltration inflow but it was terracotta with roots growing through it and just so the applicant knows New Jersey American owns the sewer system and my understanding the policy is from the out if there's a problem it's not on the burden's not on the applicant anymore New Jersey American will take care of that so the only burden would be from the curb into the property it should there be repairs needed agree that's my Soap Box um so yes so uh Council to answer your question except for what we just indicated um we would be willing to abide by all the other comments very good we do submit to the board that this is a significant aesthetic Improvement as as well as an improvement in that we're going to actually be utilizing this property again revitalizing it it's very close to your downtown area and again governmental buildings U so I think it's very important that this present a good front um we have now uh by way of this application uh confirmed the approval of all of these pre-existing non-conforming conditions which have kind of laid dormant for a while so I think that's important um we will agree to repair the tripping Hazard as outlined in our letter as well as sprinkler the building which again we all know completely how important that is um and uh for those reasons and the information that's put on the record by our planner um we ask you to approve this application all set thank you set a motion to close the public portion second all in favor I okay board comments yeah as always I think it's a major major Improvement I've been watching that building fall apart for years and I expected at some point something really bad to happen in here so I'm glad that this is happening I think the use is appropriate it is in a downtown district so the the departmental rent before it's even built so I think it all together makes a lot of sense and more importantly that por be what heck of a place to watch the bike race what place to watch downtown all right any else have any comments I it's the uh gateway to that parking lot and that's en the a the has us think for Mike no I think we covered everything Mr a motion you have any a question I think from Mr he just twitched discussed all right roll call Mr allet yes M carpinet yes Mr mclin yes Mr O'Neal yes Mr bsky yes Mr Flores yes Mr Alvarez yes car thank you very much everyone congratul appreciate your help your time have a great evening stay cool TR do any matters else anything else for the board tonight motion to adjourn second second all in favor