##VIDEO ID:Jf8F6x2l_Mk## evening everyone tonight is Tuesday October 8th 2024 and this is a regular meeting of the Zoning Board of adjustment chairman will you please call this meeting to order I'd be happy to this meeting is being held in compliance with the open public meetings act chapter 231 Public Law 1975 adequate notice of this meeting has been provided to the coaster and Asbury Park Press by publication of the annual meeting notice and posted on the municipal bulton board and Municipal website all notices are on filed with the board secretary official action may be taken on the following matters before this board and this meeting is being recorded by APV gold call Wendy Glassman here Daniel Harris here Russell Lewis Here Natalie pasini here Jill Potter here Tim slick here Vice chair John Scully is absent this evening and chairman Christopher avalone here all right so we have a couple of housekeeping issues the first I'll make a motion to approve the resolution of 5038 Avenue wh Spring Woods settlement I'll second who second Russell yes okay um eligible members are Wendy [Applause] Glassman yes def yes that was a yes okay um Daniel Harris yeah Russell Lewis yes Tim slick yeah Vice chair skull is absent this evening and chairman avalone yes all right just a quick look uh has everyone had a chance to look at the calendar of zoning board dates for next year everyone have any ISS issues or concerns or qu questions all right Marie you got it send it off to the happy home no no no comments good coms thank you all right on to the applications first up we're going to be doing 1118 Summerfield Avenue [Applause] Miss Sager is that correct yeah um I don't know if I'm supposed to sit or how formal this is please sit you're good so my name is Jana Sager um hoping to get the permit for 1118 Summerfield Avenue um a little about the purpose of that uh purpose why don't I have raise your right hand oh I need to be sworn swear affirm the testimony about given is matter the truth the whole truth and nothing but the truth I do okay and you are the applicant correct I am and you own the property at 1118 summer field yes okay go right ahead sorry Jack before she starts could you swear swear in our staff sorry you swear affirm swear affirm the testimony been given this matter the truth whole truth and nothing but the truth please State your names for the record and your affiliation with the board Don Miller board planner Jerry Frida board engineer thank you thank you Jack Miss Seager hi there guys so again my name is jna Sager here for approval of a permit hopeful approval of a permit for 1118 Summerfield Avenue uh a little about my situation um trying to get this uh approval for the extension uh for the last two years I've been the caretaker for my 95y old mother who lives in central New Hampshire I am a flight attendant who flies and works and lives out of New York and New Jersey so as you can probably understand it's been a minute um trying to get her to this property and and I just didn't realize I guess I was naive how long this process is and what's involved in the process uh so now I feel kind of crunched to get my mom here uh but the basically uh the purpose of uh the extension is to have her on one floor her uh condition she's aging is deteriorating so she's not quite as ambulatory as she used to be so I do need that one floor where she doesn't have to go up and down stairs so that is the main purpose um there really is no other purpose purpose uh I been in the community I was a landlord prior to that when I purchased uh the property to a Section 8 uh tenant who I tried to keep there uh for the seven or eight years I bought it that way she was in it and I kept her there I do care about the community um and making it a a more beautiful place I see Asbury changing quite a bit so I'm encouraged by that and I hope that I can I can basically help with that I can try to answer any questions you guys have but my AR is this currently a one family it is a one family yes okay and you will you be living there with your mother as well I will be living there uh providing uh full-time care and my sister's trying to help she's in London in London so she's going to be going back and forth uh trying to help me out yeah I understand that's it if you have any questions for me my Architects are also here yeah no please proceed is that it no so let me let me just uh say so uh my report has an error in it um if you go to page sorry about that I uh kind of jumped the gun on on this a little bit but um page six where we talk about the uh the variance thresholds and um this is an undersized lot and it's next to another vacant lot but that lot is also undersized so they're not obligated to do the buy sell offer because if they try to acquire a piece of that other lot that would result in a variance also um and because the size of the lot is so big it's you know egregious to make them buy so much excess land you know it' be like having uh C it's almost like an 8,000 foot lot if they joined both Lots together so um where it says uh under 5.2 offers to buy sell please disregard that is not applicable to to to this case it is strictly a um uh you know a C12 uh type variance in order to permit the um building addition that is being sought um and perhaps we should have the architect come up and describe the nature of the the building addition and how it relates to the site and we can kind of roll forward from there so the hardship is there well only only under the threshold of you know I can't I can't buy more land but right does it have to be where it is since we're talking law maybe I can jump in here yeah um doesn't mean that they have a primas case that they they're certainly entitled to the hardship yeah you still have to prove their hardship all right but yeah it is it would be ridiculous to make uh do the you know offer to buy offer to sell and all that because it's not in order to make this lot more conforming you'd make the other lot more non-conforming so it's not it's not doing make any sense there but let's let's do this first okay number one I've looked at the notices and we do have jurisdiction to hear this case number two is the an nextore neighbor here by any chance anyone in the audience that lives next to this property no okay so they were noticed okay that's fine yeah but they still have to tell you what they want to do still have some other issues that have to be addressed in the case and based on the totality you'll decide whether or not a hardship has been proven but the there's no the additional criteria is not necessary in this case okay I agree with that and through the chair may I just ask is there an engineer here tonight or no I what plac Architects here we did bring um an engineering um and we sponsor your engineering comments we addressed all of them and yes you're not under oath yet but that's okay we'll get to it we'll get just want to know who to ask the questions yeah you can ask okay thank you I brought a board I'm not sure if uh first let's swear you in yeah please raise your right hand s s from testimony about giving this m the truth the whole truth and nothing but the truth than do and who are you sir uh my name is Dan Nolan I'm a licensed architect in New York in New Jersey since 2004 and I work at MSA architect who prepared the drawings that's Michael SE Michael sa okay and how long have you been licensed in New Jersey uh since 2004 okay and your license is in good standing yes and you've appeared before the planning of zoning boards yes okay thank you we accept your credentials what was your last name again Nolan Nolan n in okay thank you okay so I'm not sure how you want me do we have an easel for him Marie or something to haveed all hold it um let's mark that A1 for identification I believe you already received these prints the uh the site uh work drawing uh you have a hand out I'm not sure you want well is it is it identical to that no this is this is regarding the report the about let's let's talk about the board first and then we'll deal with that as A2 so this is the site plan uh showing existing and proposed side by side uh the uh the house is uh existing two and a half uh two story you don't there's no attic for it's in the report say two and a half but there's just two stories um and you can see this is the the narrow lot that we were just talking about um and the biggest concern being the existing setback um on the I believe that is the E east side of the property is um only one one foot 1.6 feet away from the property line and where 6 feet is required uh and the entire house is the existing house is right here um and an existing deck also um aligns pretty much with that um this plan shows our our proposed addition where uh her mother would reside uh aligning with the existing uh setback as well as a new uh proposed deck um we as far as coverage and uh so the addition itself is proposed uh the square footage of the addition um is uh 250 ft 254 to be exact this little shaded region there so I'll flip to the uh FL PLS [Applause] next sheet is just the uh the notice sheet shown the 200t radius no that one have this page shows the existing foundation and our proposed Foundation which will just be a crawl space uh no basement there's an existing seller um an unfinished seller that would just basically remain a seller not not like not a uh not a Hab not a habitable basement this being the existing floor plan and the existing rear deck see there a kitchen existing living room and an existing covered front porch which uh basically will remain except we're going to shift the kitchen up a little bit to try to accommodate the the addition for for her mother with an additional uh full bath and and the bedroom a new deck just not quite as big as the existing deck but similar just pushed out the back how much additional lock coverage is there additional lock coverage is uh 244 total so it's like the the additions of the house is 254 but since the deck is slightly narrower overall the the proposed additional lot coverage comes out to 244 if you want to hold on to it the whole time you can move it around yeah so um that basically it's care while the changes on the first floor just give you an overview second floor proposed master bedroom directly above it and the front bedrooms are being modified slightly to accommodate you know the to give a little more room for uh the proposed Master Better B on the second Flor Elations the elevations basically remain the same on on the front um elevation we're just replacing windows and insiding mentioned to us today regarding the letter about the siding she said she intends to redo the siding if it's possible the budget of project that's her intention and make it all and as far as the windows comment letter to the the windows are going to be replaced in kind uh double hung Windows as well they might get slightly bigger not they what we showing here but they they were size slightly bigger for erress purposes the side elevation obviously [Applause] get so you're going to match the color and type of siding if you cannot replace all sighting is that the intent and roofing material okay you have any questions basically the overview can I ask would you still consider this a single family home uh I you know okay I just I think that's important for the board to know right yeah there's not there's not two entr if it's approved it'll be noted in the record that it is a single family residence well there's not going to be two kitchens or two right just the new the existing kitchen is being renovated like I said rearrange a little bit to give a little more room to to work on the back Edition yeah so as you astutely acknowledged one kitchen um which is usually our threshold told for determining that but I do have a little concern about the egress for the new bedroom on the ground floor um being uh you know kind of a pass through to the kitchen as a exit for the whole ground floor and I don't know if there's a way to um you know maybe uh do something so that the bedroom is better isolated this is a very easy um conversion to a SRO type um you know bedroom easy access to the back don't have to go through the rest of the house type of rental situation that we've had problems with in the past um because you can just cut it off from the kitchen bathroom from the kitchen and the rest of the living space on the ground floor so I I don't know how how bad it is lately with the zoning office having those types of problems but that was one of our one of our little things I I would say it's a valid concern but um I I I think I would like to trust Miss Sager that she she she wouldn't make it an SRO I mean I'm I'm not sure if there's actually a window back there which would isolate it not a door actually don't even know is is that open we have a door to to get to the deck if it makes any of the board members yeah so people want to go out on the deck they have to go through through the bedroom right right which is unusual uh but you know that's a building more of a building department zoning department concern we're just going to flag it as maybe it should be a window well I think they should have a door out to the deck need to differently could we put the door somewhere else that would yeah I don't know if we can create a hallway or if it has to come out the side or you know as opposed to accessing the deck directly is that what you mean [Music] Donna but any there isn't that much room on the side of the house is there well 10 by 12 bedroom I'm is that North on the driveway side they have more Elbow Room well but the is also extending the other lot understand that might not be necessarily in the way of doing this maybe once we talk more about the site we'll have a better understanding of that how that works but um again I just want to I just want to note that yes having the direct access to the deck through the bedroom raises some is there any way we could put a condition on that Jack that it would not be potentially I intend to okay I already have yeah yeah this has to be enforced right big problem yeah that it's clearly limited to a single family residence yeah they don't want to get two cosos all of a sudden it's sold and somebody else turns it into a two family sure I get there s that's that room will be your mother bedroom my mother's bedroom so basically you just giving you mother easier access to the de right she cannot go up and downstairs so everything will be in a space where she can access and stay on that floor so that's my main concern is just to keep her open up you want to get her the ability to enjoy the day without marching all the way through the house nice mom nothing wrong with that okay she's 95 I hope make that how long has the house been in the family this one I just purchased about 7 years ago I had a a Section 8 tenant there for eight seven or eight years and it was hard to ask her to leave but doing this New Hampshire our home is in New Hampshire um commute is just financially devastating emotionally mentally exhausting so I've got to get her here and do you live in town so um I am lived in Middletown um for many many years and then um when I left um I had to go to New Hampshire so um this was in the family it's um my parents money um my dad passed away and this was purchased 8 years ago 7 years ago when he passed away and it's just sat rented to that section 8 um tenant for that those seven or eight years but now there's a real need um I fly out of JFK I need to I need to move my family uh closer to proximity in my work I cannot stay so when the renovations are done you will call this your home this is my home you're going live there with your mom full-time with my mom and my my kids I mean they're a little older my youngest is 19 so okay 18 so this was purchased as investment property you've never lived in um it was in this it was purchased to take care of my dad actually with Alzheimer's it's his money um the rent we made from our Section 8 was able to offset um medical for his care so he he was living there or he wasn't he wasn't he was in New Hampshire but the money we made from the rental took care of my fa instead of just going through his yeah wayal so essentially it was an investment property investment I guess yes it was an investment properties sorry with all respect I understand that you're you're working on pulling our heartstrings but we just like to understand the facts you know have you ever lived it as in when you keep saying it's family property we just wanted to understand if never of your family has lived in there fa any time no there's been a 7-year rental Section 8 renter there for the seven or eight years I mean if I wanted to convert it I would have converted it I know what's going on in Asbury I don't didn't care to do that didn't care to take my tenant out of it um she needed a place who was a good person and I kept her there um I was making 12 I was making enough to care for my family if if this is approved and you're able to move your mother here will you also be living here I have to live here I fly out of JFK I'm a flight attendant out of um the New York tri state area so living in New Hampshire is killing me I'm going to live there fulltime my mother and I will live there fulltime and my children well 18 19 and 22 so so the house had three right I'm sorry house will have four bedroom now with the downstairs right it will be my mother's that downstairs and then I'll be upstairs and then I have three other kids so it's a toss up for those up there yeah Mr Nolan can you explain a little bit about the seller hatch I see the existing house has stairs to the basement where it looks like the washer and dryer are currently is going to be moved upstairs so basically the sell is going to be that's just for Access be mostly like across basic six six fo is that what it says I'm trying to look at the small print the oh the basement uh 6 6 or2 right so it's not a habitable so you're you're proposing to put in a hatch on the floor uh correct just just for access to get down there and then there's a a a vertical ladder that goes down now that would be proposed to go down uh yes so basically like you know it becomes a cross but you're still going to have mechanical down there um the hot water and the electrical pan and what in the furnace what's the he sorry what is the heat the HVAC um is that is that a code question about a vertical yeah yeah I mean it's not a habitable space so I think code would look at it as such but after if if they do get approval and move on they go for their permits this is going to come up again with them if there's an issue they'll catch it there we could rearrange one you might have to depending on you know what you're face when you go for your T right well I think the board is also concerned that you know so is there is it central yes air hot air about what do you have radiator now there's nothing I don't even know I haven't been I haven't know know what the heating system is no no oil gas no so the window AC I'm sorry window AC's um there was one okay it's not Central definitely not Central there is gas to the house yeah yeah water to the house gas to the house electric gas electric yeah so the with the hatch you're closing off the stairs to the basement is that to gain floor area correct yes and you won't want to use that seeing as the yard is so narrow and irregular you're willing to give up your basement for storage and whatnot it's not even a basement it's so small this is the only area that's actually got 6'2 no but in your new proposed crawl space you could have a bill code door that goes down and you could put a h water heater and a furnace and a everything and chairs or beach chairs yeah so and without compromising inter storage when you find that you're living in a house full time and 62 is not 62 is pretty high [Music] for it's technically a cell we heard liable space is considered what 7 feet yeah space you know 62 is a nice is a nice clearance um it's this is I I think we this is not really a zoning issue but I really think you should look at capturing that space for don't give it up don't give that up and if you're considering you know as part of your renovations to try and incorporate central heating you need an outside hbac condenser you're not going to have you might need a variance to put it outside on that given along that side property line so you know we should consider whether you need so some additional relief going forward if the board should Grant it now or not you know but I think it's a a conversation to be had is if there's someplace else it can go or again as we're talking about how do we get to the rear deck and where these stairs come down and maybe we need to put an HVAC condenser out back here you know maybe the steps go the other way the H you know condensers bod doors maybe on that side things like that um so that you have a nice livable space going forward and you're not jammed and crammed um and missed opportunity also consider that if it's not on the table now yeah you don't want you if you were to get approvals you'd have to start all over again with a new application new fees and all that and nobody wants to do that to you so you might want to consider all an engineer all the details all the deta and get get it all checked out to make sure you can do what you want to do with code or you might have a better layout from an Now's the Time you go spending a whole lot more time and money yeah you don't want to have window air conditioners in every window we do the wall units those require outside hbac though right the like the Mini Splits The Minis you need you need outside you still need out it's not as conversome but yes yeah and depending upon where you locate them you me you have to have a certain setback for that sort of thing so but if you have the ability to throw duct in I mean you could go with a heat pump and solve a lot of problems space problems do you want to take five or 10 minutes to discuss what we're talking about Miss Seager uh we can do a quick recess and you can discuss it with your architect and come back with your decision thank you so I I'll make a motion to take a 10-minute recess I'll second all in favor I thank you call roll call meeting back to please problem um Wendy Glassman Wendy oh here here here she's here Daniel Harris here Russell Lewis Natalie pasini here Joe Potter here Tim slick chairman avalone here miss Seager I know you've had some discussions with Mr Nolan yes um do you have a decision or anything how you would like to proceed well I think Mr Nolan's going to be much more professional in saying what he what I'm trying to say but time is of the essence so for me the most important thing is to to to get it moving if I can as quickly as possible and get my mom here so the rest leave to Mr n not having you realize though that if you do come back to that decision and you decide to put your equipment and it's on the exterior and you're violating variances again you have to start all over again over again yeah and that's just not to scare you but that's just so you understand just be forewarned yeah well we wanted to ask as a condition of the the hearing if we would be able to put a small condenser in that in that other side oh we we can't make make a condition of something that you haven't really made any decisions about yourself and we don't see it on the plan we to see that you would have to have it on the plans and you would have to specifically talk to our engineer about it so we would yeah we need to be able to understand the size its location the distance to the property line so we would be able to determine whether a variance is needed um again you know you're asking for a condition of a condition so we we couldn't proceed that way okay well in that case she's going to go with okay okay uh okay so hang on let me just uh so we have the sidey set back sidey set back The [Music] Sting okay okay I don't think I have any other questions about the building design if anybody else has questions about building design should also note about the uh the setback with being so close to the other property which other property uh the adjacent the the adjacent property here one to the east uh okay um this all the windows on this wall we designing it as such so this this whole portion could be fire R Construction and not have any windows that were over the uh square footage for that the requirement for fire the resal wall being close to [Applause] all the egress windows around the opposite side and this is an existing window that I believe formed but we'll make sure it does does anyone else have any questions in regards to the structure itself no okay all right um there are some questions in regards to the driveway I understand now um who's going to answer those yeah um I is re on the um report about the fence well my understanding is the driveway itself extends into the other the lot and apparently it's by 2 feet is that correct Donna so the property survey they gave us shows their driveway extends between one 1.8 1.8 2.9 ft 2.9 ft so on to lot one that's pretty big of an extension into the other property right so that would have to be addressed I don't even know about it how we going to how are you going to address that I have let me ask some questions it have you seen this servant that portion that's over yes are you fam I think I've seen it but it doesn't really mean that MERS don't mean much okay because it it seems to be prep I guess it was prepared on your behalf back in March y uh of this year by uh Mr word Lord whatever it is his signature is gar okay yeah it clearly shows an an now we're not we're not concerned from the variances for this application regarding this encroachment but what we are concerned about is we want to make sure that we're not valid we're not going to validate that driveway okay we can't we have no jurisdiction to do that because it's someone else's property when you put the driveway in because it says it's a driveway did you obtain the permission of your contiguous property owner to the west to use my contract did everything for me I hired him to I know if he if he didn't know about it and he just goes in and puts a driveway in but were you aware that your driveway encroaches over no okay it encroaches you would have to get an easement why don't we why don't we do this let's use my copy let's have this more as uh what's we up to 82 and I assume and you validated that this is your servant correct that you have retain I all right all right let's and your contractor put in the drag L he does concrete and but it was subsequent to the purchase of the property that was after purchase but the driveway is why don't we have it marked it's gra it's not a it's not a concrete driveway [Music] gra can be break the stone over be okay yeah I'll break the stone yeah is that your metal fence as well that was there so the driveway the driveway is new yes the fence was there the fence was but the driveway is what goes over the fence was where exactly where it is why don't you look at the survey it has not been moved so the fence was existing and you just put the driver iron and it's heavy I didn't right you just put the driveway all the way up to the fence assuming that that was your property I guess that's what he did yes the survey describes that fence as being a wood fence um on the right part of it is wood fence it's part of it is I ni okay yeah why don't you look at a Picture Tells th words why don't you take a look at Ser concrete it in take a look at the Ser okay I got that that's my picture yeah why don't we have your client have a survey in front of us so she knows what I'm talking see you're talking about this friend here yeah and that's your property line the heavy dash line so they built the new driveway just up to this existing fence so then we would have to remove just this this bit of I don't think that I don't think they did do that they just put gravel down fence is there but they didn't they didn't do a good job in other words they just threw the gravel down but you can't but they didn't just throw gravel down because it's a brand new concrete apron and curve right they put a concrete apron yeah and the front shows the concrete the the driveway cut out to the street also extending over I didn't was there a perit for the apron oh that's a we don't know no there is can I ask did you you didn't do all this work was it a city project to put that in no no no she hired a contractor to get concrete in all no it's not concrete herut dri I understand but it all flows together it was all done at the same time no yeah it was pretty close no no okay cuz it's that little that's old this is old okay okay it doesn't look that that's not how he's drawn but yeah he did really after the apron what he did was he threw gravel down okay so so do we just move the Iron Gate into my property you're going you can't unless you have permission either by form of an easement the very least an easement from your next door neighbor you can't use their property unless you have permission and that's an easement that requires a legal document consent to the property owner and then you've got an easement that gets recorded okay because if you sell this property in the future okay and I was an attorney representing the buyer and I saw this encroachment unless you're going to produce to me some form of easement uh I'm not going to let my client buy your property is it easy enough just to remove that Iron Gate and put it on my easy enough to move is it easy enough to move this the driveway over to her property L it's it's literally just the the gate that was there when I purchased it I can just it so I think you're misunderstanding what we're saying it's if I could please it's the drive so there's two parts there's the fence and the driveway okay there actually three parts and then there's the concrete a is is is that your fence did you have that in no it was there when you bought the product correct um that's a problem because that fence which would you are probably assuming is yours it's not it's probably not yours it's not your F it's not your it's not your it's not on your property um let me speak yeah the property last year for the driveway went in had metal fence across the front right at the sidewalk that matches the metal fence that extended along that Westerly property line until some point where it changes to Wood so the metal fence on the property line on the is it North or east it's East no it's West West that's West and West prop got pulled out so that the driveway could go in and the sections of fence are propped up over there um the metal fence belongs to 1118 Summerfield because like I said it goes not just on the side property line across the front as well it matches it matches so you're saying it is her fence that's the property's fence it clearly predates the seven or eight years ago that that when she bought right I I can't speak to who ownership of the wood fence which also kind of goes beyond the property line um I don't know um who put that in I the Aerials are not clear enough to you know go back I I wasn't sure how far I had to go back but you know in the last 5 to 10 years it's not clear enough to know who did what with that fence but in the last year the metal fence was in the front of the property and running along the side and it was altered in order to accommodate the drug by but it that fencing belonged to 1118 some just across the front did it go down the side went down the side and now the extra piece is just laying against belong to 118 it's really in the front of ISS to the cas part of her um I understand Jack but we we cannot since it's been brought up in the application as an issue but it's not it's not an issue the the real issue is the encroachment of yes I understand and that's that's where I believe the focus should be to get to try and get this thing into Conformity so that we're not we don't want to in any way shape or form be perceived as giving permission to anyone to use someone else's property without their consent and I think the fence relates to um ensuring that by if it's replaced on the property line then whatever section of driveway she has to pull out from the encroach she can't it can't be re encroached okay that could be something so and and in addition to that if you put the fence on her property the driveway is useless because it's not wide enough to yeah car doors to open in Access able to be used as a driveway it can't be used as a parking space in our ordinance so you could access the the back could drive to the back and then Park but obviously yes physically you wouldn't be able to open doors and if they did that they have to extend their driveway which means their in purpose coverage would also increase and we don't have any PL Don what's the what the descriptive definition of the parking space 9 by8 that you have to be able to open no no no parking space only needs to be 9 by8 but they've only got you know's no way for to get in and out of a car yeah they're 2et short but for single or two family house we don't regulate the width of the driveway M so the physical impossibility of not being able to use it as a parking space is one thing but it could still be a driveway to the back just like so many houses right you know from the 20s they have these little narrow 78t wide but they go to the backyard where the garages and that's where everybody Parks gra and there's clearly sufficient area in the backyard for two parment spaces right so to for her to address this either she has to get an easement from her neighbor not if she removes remove or remove the gravel and the fence that's hers that we would decide whether that fence is hers or not but so practically you have to say that it is hers because it goes around her whole property okay the iron one no the wooden one but it could be the people on the other side put it was all it's the same light wooden fence all the way around and it goes on lot one it goes over and in 2017 to match their fence the wooden fence went out from the side of the house to the West followed the property line South and then made the weird Corner yeah that it does now I had to go back to 2017 I I'm sorry I was just kept refreshing it didn't put that yeah yeah yeah and it doesn't look that old that's regardless of the situation you still have to address the situation m s but am I allowed to take someone else's fence down it's your fence it's they're saying it's your fence never it's before you constru before you the if you only bought the house seven years ago that was only yeah this was early doesn't look that all that's what I'm saying that's what he 17 2016 have you ever spoken to your neighbor so there's nothing on nothing on that LW they put no parking signs up on that the question is have you ever spoken to the proper no okay no and they always use that fence like it's theirs they always put signs up on it and they always that's why I'm who put signs up on it that I guess property they always put no parking signs up on it and so right I've and it is partly on their property so so I'm afraid to take it down because I think they put it up you're gonna have to talk to them okay yeah yeah you're going to have to communicate with them cuz the wooden fence even Cuts you should have the name of the top it cuts you notice the neighbor correct no there's no house all Property Owners you had to notice the L own yes my Architects I think so so you have the name of the owner so you have to contact that owner yeah well no that's not a condition of approval because if the owner does that's a major thing you have to you have to fix this yeah yeah this would have to be fixed because if we approve the I don't I I would I would have to do all kinds of gations to try and protect us from a lawsuit from a contiguous neighbor that says well you approve this and you knew they were parking on my property uh that's a condemn that's a taking of my property I'm going to sue both her and the city and I'm not going to get the city involved in a lawsuit and I don't want to see your client get involved in a lawsuit either okay do you understand M Seer you you have to resolve this before we can do anything I do now yeah yeah I mean it's something if you're if you're going to tell them you're going to move it back to your property line I don't think they complain about that they get more land they get more land you just got to tell them that and just say look we got the issue with the fence if it's my fence I'll move it over if it's not then I'm going to probably wind up I'm going to have to put a cur we're going to have to put something in there that ensures unless they give you an easement they say it's okay we'll give you an easement if you get an easement then you got to easan for what you got to get an engineer to plot the easement for the distance and the dimensions and it's for the driveway the for well the driveway it's probably that city property but when anything that belongs anything you're using that belongs to the contiguous property owner you would have to have that as the subject matter of an easement okay easement would have to be Perpetual it would have to be for driveway purposes and also for maintenance to go in and do maintenance work on their driveway and have to be prepared but I assume it's going to be prepared by an attorney it's going to look you're probably going to need an attorney for this for that you're going to need an attorney for that and it's going to have to be in recordable form because it's got to be recorded So that someone in the future who does a title search will see for either property that there is an easement for this property on this property next door I think I'm just going to put the fence on the original survey when you bought the property didn't show off fence you don't know yeah you don't remember when you when you closed on the property did you get a survey no no surve when you put the driveway in did you get a permit from the city my contractor got a permit you have that permit I don't did you did you buy this house cash or with a mortgage um this was Cash all right so then you didn't get a survey that's why they didn't get a survey okay so I didn't get a survey and question all right so I need a survey no you just purchased I mean okay yeah we were asking about earlier was what might it have shown about the F when just trying to figure out how it got to where it is whether you were aware of it and if not okay you're not that's all problem you can't just move the fence because then you're not going to approve the drive well we can't that's I'm saying either you get the the approval and the easement and everything is filed correctly m from your neighbor who you have a notice of his name and address or you move everything yourself have everything moved the driveway has to move be skinny has to decrease the width of your driveway right by 2 to three feet and that's what I guess I wanted to ask and then you have to move the fence if the fence is not it belongs to you but based on what they're saying it sounds like it's your fence so somewhere between 99 and and you need an engineer to provide all the correct Dimensions I just want to move everything back to where my property is I don't need to use the driveway I I was just going to say if you don't need to use it as a driveway I don't need to use just I did it because I thought it would be what if she aborts the whole I'm not going to park there I'm just going to use it as side yard take even though the a would we require the apron to go away at that point oh yeah sure you do that you could just say I don't want to use it as a driveway and turn it into a sidey yard and now we're not dealing with cars going on there and now it's no longer an issue but you'd have to remove the apron and the gravel and you're going to have four to 5% of cars gra foret parking and no parking around town I mean before you I understand that you really want to get moving on this and you are concerned about time you have a choice right to do something like that okay I just want to get this over with or take a little bit of time that figure the driveway out that you do have a place to park and in addition while you're doing that again it's not our business but maybe it gives you the opportunity to think about what you want to do about the heating and cooling in your house if you have to come back you're going to have to come back anyway well we can't steer you're going to I don't think that if we were to put parking in the back we would would be while you're doing that Russell there is off street parking required for project okay in the for R1 Zone correct what sorry okay yeah single family so if you take out the driveway and we eradicate the parking onsite parking that's another that would be a variance m a design exception or design exception even even though the back of the property it's 7t 9 in to the property line you would still require them to use that as a a driveway to the backyard well she could put a curb on the I mean varations and then have a driveway there cover this one up make the new one I mean I think you have a lot to think about misser I I I don't think the best approach would be to make these decisions so quickly oh it's been a long time coming no I know these are things that you haven't thought of and you weren't aware of as well yeah I definitely do not understand a lot of what is required or the procedure I'm tired financially I'm just tired I'm sorry it's been such a long process for you but this is brand new to do beyond what we can do so I understand all that but it's so easy it's just hear you guys saying like well you just put it in the back it's 10,000 10,000 in my head 20,000 30,000 and I'm done I think I don't know I need to think about what to do with this property and my mother and it's not your fault or your business but I'm I'm beat I'm beat down but I thank you okay so well I don't want to kind of want to give her some light at the end of the tunnel yeah yes um we really haven't discussed the nature of her application which is side yard variance relief um before we send her away saying oh you got to I mean she's got to fix the driveway problem she's going to have a civil lawsuit on her hands um but does the board want to have a conversation about the side yard setback issues related to the addition if she wanted to pursue the addition is there any we should probably have a cross- examination of the witness on at least the architectural issues and um at least wrap up that part of yeah we can't plainly simply we can't take a STW vote on the variances but we can give some indication I wouldn't want to send an applicant off to do this work if Project's going to be definitely turn down I let's let's face it why do that to that's a valid point Jack but but we can't take a straw vote but you can sort of give some indications how do you get a permit for something and someone does it and I just don't understand the process I guess I think I'm doing everything right I'm trying to get a you know my Architects I think I'm getting a professional to put you know the driveway in come to the city get the permits but nothing is actually done correctly I I I only say it comes down to the people you're dealing with M Sager if if they had gotten the survey no no let me finish the survey would have shown exactly where your property line begins and ends if they use the survey with the construction office at the time of the permit they would have said this is as far as she can put her driveway do you understand what I'm saying yeah so it comes down to the people you're working with thought I hired someone who was a professional I guess yeah public always to all right no okay all right okay let's uh we have basically two witnesses anybody want to cross-examine the witness from the public give an I'll open it up to the public for uh Mr Nolan's testimony at this point does anybody want to cross-examine Mr Nolan with any questions unless unless you have more testimony all right seeing none there's no other way to get around the issue that we have with the driveway solution initially you mentioned you have comments in response to our Engineers uh it was regarding the window and and I what I thought was the defense issue was that they were these pieces of EV that were removed were going to be cleaned up okay I didn't realize that there was uh an issue with the uh the defense being okay all right that's fine driveway being over okay all right no one has any questions for the wings no no one in the public okay okay so H how do you want to proceed Miss Sager we're kind of at a a standstill here yeah I I don't know what the right answer is I guess I call my neighbor and try to look for the easement first um so you're going to need some time to contact contact your neighbor um we can offer you the next date which is October 22nd but I think that's kind of quick yeah so the next day would be not until November 12th is that correct Marie that is correct there's I don't know why I'm I haven't gotten that one yet what's that there's seems to be like a little I know I think it's like a placeholder but a placeholder but I don't know what that is yeah okay um so November 12th are you good with November 12th and then the only other option would be December 10th we'll try November 12th okay all right so you would like us You' like you like to make a motion carry this to November 12th without further notice so that you have an opportunity to figure out your options and figure out which one will work for you and feel free just call my office and I'll will help give you some guidance Direction on procedure and and do we need to for her to agree to the extension of time I always ask that under the ml we have a certain amount of time which I'm not sure if we're going to be over or not but the applicant can extend that time voluntarily and if we're going to carry the case I'm going to need you to consent to any extension of time necessary within which for to act onic and if I could you should get an engineer to help you here because if you elect to move your driveway There's issues there that need to be looked at we have an engineer already involved that was comparing the the com the dryw top of the I'll work on a layout that coordinate with us yeah all right so I'll make a motion to carry 1118 Summerfield Avenue to November 12th 2024 without further notice I'll second thank [Applause] you Wendy Glassman yes Daniel Harris yes Russell Lewis yes Natalie pasini yes Jill Potter yes Tim slick yes and chairman avalone yes thank you Miss Seer thank you your you sure I'll make a motion to take a 10 minute recess second hold on I have a question for where did you work with Dan's daughter oh we did we did some things together how long ago um maybe five years like on the same no no not real work just volunteers oh okay and it's been five years it's been 5 years okay all right all right okay okay it's and these are your friends here everybody else is here let's get back to it Marie ready to go yep okay take um I'll take roll call now Oney Glassman is present Daniel Harris Russell Lewis is not present he recused recused recused um n passerini here Jill Potter here Tim slick Vice chair John Scully is absent and chairman AAL who is also recused this is also recused and here all right so uh 121 Bridge Street Mr RL and Mr gayor sorry you're good you're good but I don't think that you're either of those are I am not good evening who are you good evening chairman members of the board Dante alfery on behalf of the applicants um so I know the board is aware we've my my clients have been here two previous meetings um we are here for for a third and final attempt um I do have two individuals to provide testimony tonight I do have an engineer and I do have a planner um but just to to recap the background as to what we're here for what was your name again I'm Sor Dante alery okay Al Al Dante aluy Al Aly yes oh okay if I'm not talking yes he is I can hardly hear you can you hear me now no all right so I'll try to talk as loud as I can there we go good can you hear me back house is all right perfect um so we are here seeking the board's approval with regards to um the property is located at 1201 Bridge Street it's block 2104 lot 18 it's an existing single family home it actually fronts on two streets it's a corner lot it fronts on brid street and uh 4th Avenue um we are here seeking the board's approval with relation to improvements to the backyard um with is also technically the front yard um there's an existing pool there's existing patio and there's existing fence um so all of the improvements that we're here to discuss tonight are within that backyard SL front yard I'm going to call it sidey yard but it's technically a front yard um because it's a corner lot um they're all enclosed and encased within that existing fence um there's one point with regards to the fence itself which is existing there's a small portion that that extends into the front yard before you proceed anymore Jack just just so it goes on record we have jurisdiction they did all their notices again okay yeah we have jurisdiction and Mr alur is an attorney I am he didn't identify so but I know who again okay go ahead um so there is an existing fence a portion of the fence extends into the front yard I'm going to have our engineer run through all of the proposed modifications to this backyard area and touch on that fence um as well um so further Ado I'll have our engineer come up and describe the property thank [Applause] you so please raise your right hand s SAR affirm testimony about giving this matter we the truth the whole truth and nothing but the truth I do and state your name for the record spell it for us Michael B in Tilly i n t i l e Michael could you please provide your qualifications for the board yes I'm a professional engineer um since 1990 I'm a principal with Crest Engineering Associates we're located in milstone and Toms River um I've prepared site plans subdivisions plot plans such as this for about 25 years and provided testimony at boards such as this mainly throughout mammo ocean mil your license is in good standing yes it is thank you we accept your credentials thank you please proceed thank you Natalie point out that Natalie caught up on the well like now okay we have one member of the board who was absent at a prior meeting but she did give me a certification that she's reviewed the transcripts and she's prepared to test to work uh hear the matter understood okay okay go ahead no I'm sorry as Dante said we're in the R1 residential Zone we're 4,950 ft total for the property we're located at the corner of Bridge Street in 4th Avenue um existing on the site is a three story single family home structure there's an inground pool a patio um there's pool equipment located in the northeast corner there's a Pergola and there's a 5ft vinyl fence that you mentioned encloses improvements the property uh just in terms of the slope of the property it drains from north to south so that's away from um from 4th Avenue towards uh the street towards fourth Avenue uh on the North side property line towards 4th Avenue um and and in terms of the improvements we're proposing he mentioned the patio Improvement there's two sections of patio that we intend to improve on the property um one is about 13 ft by 33 ft that's on the 4th Avenue side it's in the front technically in the front setback this is a corner lot but it is a front setback um so that patio needs a variance for the construction there uh the other section is about 3 ft by 20 ft it's on the very north side of the property on the opposite side of the pool so those are the two patio sections that we're proposing to add to the property uh the other improvements are uh relocating an existing AC compressor unit and if you have my plan which is entitled plot plan let's mark that yeah do we have any other plans from other I have I brought if so we'll make yours a I brought additional plans but the these were submitted plans yes they've already been from this G yes so let's make it A1 no we do we have another engineering plan from the PRI hearings already in the record from January no problem let's make this AA one so we know the difference AA one yes please and just to be clear the the plan that we're handing out here is the plan that should be in your folders from from your right yes correct that's fine let's make sure does everyone have this so they have a picture in front of themess engineering plan right this one the date yeah 62424 last Revis 10124 same so those are those are the patio improvements the second Improvement I was mentioning was the pool equipment located in northeast corner and if you look at your plan you can see an inset we created to show a little more detail of how that equipment lays out so you could you could see it more clearly at that scale um and what's intended there is there's an existing compressor from the third story Edition fairly new compressor a noiseless type high efficiency unit which is intended to be moved uh to the north uh adjacent to the existing compressor the the the rectangular box there and that new compressor relocated will be in a variance condition at 2.4 ft from the side property line where five is required so that's the second item uh the third uh there is a fence mentioned that is just Slightly North of the rear building line of the existing home and that's because there's a roof leader that drains there and uh and a bracket so that if you were to try to align the fence right at the back of the house that would be awward we had already talk about so you guys are probably more aware pretty much agreed on that move off that fairly minor but it it is technically a variance there um the other thing we're doing is a gas grill permanent gas grill location within the fenced area again you can't see this and a service line under under ground to that uh Grill so the variances are noted as actually two variances which are the patios together one is the front yard of Fourth Avenue the other one is the rear or side yard excuse me um of the property I mentioned those two sections of patio need the variance the other variance is complying with the 5T requirement offset to the property line on the North side where the pool equipment is to be reloc so that's the second variant one of the questions we had was how some of that pool equipment could be like it seems to take up a lot of square footage right and it spread out is there any way to like decrease the square footage and then that way it wouldn't necessarily have to go right onto the property line you understand what I'm getting at here it's really a massive amount of pieces of equipment could easily be hidden with some type of uh obstruction of fencing or I I I know it's unsightly I understand that there's there's a lot going on there you have the the compressors the two compressors right for the house air conditioning then you have the pool filter the pool pump some a lot most yeah and most people try to put in I think this is appropriate to put it in one spot uh you know as tightly compacted as you can I think to your point um this evolved a little bit so they ended up putting it where they had to put it this second compressor uh we're asking for the variance for tonight is not in the ideal location so they're going to tighten that up bring that compressor next to the other one um and then I mean there seems to be a lot of PVC piping well there is and some of it runs above ground for monitoring and other reasons um but essentially what they're going to do is take that equipment as you're saying and move that and and and compile it closer to the house to keep it from being spread out like that and there's another reason for that um it's hard to see on the plan per se but if you're walking into the backyard across where the pergola is making a right um across the back of that house towards that equipment the equipment currently runs directly into your path of where You' be walking we're going north now parallel to the back of the house you run right into that equipment and it's it's sort of a tripping Hazard and not in an ideal location right now so and in particular because they do have a patio to the left so you want to make that quick left turn to get to the side of the pool area where they have chairs but this equipment is sort of in the way so the idea here is to take that second compressor uh put in a much more appropriate location next to the other one bring that pool equipment in consolidate it tighter and expand the patio a little bit and make that 90° turn as it should be and if it was planned uh at the same time and it wasn't there was peace meal here so you know that would be an improvement to so I consider that a significant Improvement to what that it's a tripping Hazard it's unsightly it's not in a good location um we mentioned the fence is just a minor uh issue uh and and the other variances are noted um we we did receive uh your engineer's letter if I may dated September 23rd and in that letter and we tried to do this prior to this hearing so we could get as much in front of you as possible uh in that December 23rd letter um under storm water control page two he has asked for the pre poost development runoff rates so it's a small lot as you mentioned there's a lot back here uh we want to make sure the neighbors aren't agreed by any storm water runoff uh we want to meet all the codes of the township required um calculations and so forth have been provided and our office did provide a stormwater runoff calculation um to the city and to uh your Engineer's Office uh dated October 1 124 showing what is typical very di minimist runoff from storm water as a result of the the improvements that we're proposing here here um in addition to that uh he asked for some additional grades which we have provided on this plan um and under number eight uh testimony on the downspout location which I did mention but it is in the uh the north excuse me the South uh east corner of the house in the back that's why the fence is being moved forward slightly because of that down spout uh and finally asked for a general note indic that existing carbon sidewalk on all frontages to be replaced if they're in poor condition and and um we have added that note to the plan um additionally what we did to mitigate any concern or potential storm water issues uh I mentioned that the the uh the grade of the property runs from the the north property line over to Fourth Avenue and then it naturally drains right off slope and into the sidewalk and curb are where you want that water to go uh so we added a small Stone area and drain sort of like a Home Depot PVC drain and stone you would put around it to keep erosion at a minimal and and a and a 6-in pipe that would run down towards 4th Avenue it's on the plan and with a popup so essentially that'll collect in that kind of tight area back there any water from the new patio from the existing area uh run off into that little area depression and then take it out of there so it doesn't collect there with regard to Stone water for the the larger patio we're adding uh to the south of the pool that is going to drain naturally at 2% off of the uh uh the construction of the patio to that slope I mentioned that runs right to the curve line of Fourth Avenue so there will be no issues with regard to that area no issues when we mitigate with the pipe and the stone system in back on that side the run off of the water does it that that run off over a sidewalk or that that's very normal we don't have Point flow we have what was called just surface flow like any's lot you would want it running off your grass to it does end up through the sidewalk yes off the cbon IND the street that is that's what you would intend now if you had a point discharge an intense discharge you would not want to do that but you don't have that here so I don't I I don't perceive that as a problem my opinion I don't I don't think that's an issue there's not a lot of contributing flow to it um so the mitigation is mainly as I said for the pipe in the back and and that's that's pretty much what we're proposing to that point for the let me get please raise your right hands I didn't tell me swear affirm the testimony about giv this matter we truth the whole truth or nothing but the truthed please State your names for the record and your affiliation with the board Donna Miller board planner Jerry Fredo board engineer thank you go right just for the so that the board knows uh the way it was described by the appc engineer is correct you know if you look along the South poy line there where you have a yard drain in a pipe and a popup a minut that's a point discharge so you you want to be able to spread that water out a little bit best they can they did a pretty good job of keeping water from going on their neighbor's property the patio itself from that point going uh what would that be East it just sheets as it does now uh the only difference is you're going to have some pavers there which does absorb water when it's laid at that kind of slope um but it will have some run off going into the grass or go through the grass and maybe not even on certain rate it won't even make it to the softw they'll just sheet down towards the sidewalk um and it is acceptable practice that we that we carry on with so I just want to further amplify his points does the board have any questions for for our [Applause] engineer so my understanding is that the set back to the property line for the the all that equipment is actually somewhat less or somewhat more now we have a little bit greater uh distance between the property line and the equipment now is is that correct d well no but I think it's more than what was previously that's what I meant okay that's exact what I meant from previous a year ago yeah it's hard to remember all the conversations we had on this because it's been a year I understand so um what I was trying to get at which Donna realized was that it's a little better a little bit it's a little bit okay I I guess it's a little give and take to your point um we are consolidating that equipment it's in not a good place at this time um if you were to walk back there you would see that consolidating it is the right thing to do and uh uh adding that sidewalk patio section to get over to that side makes sense um but unfortunately there's a variance as a result of it yes what did we end up gaining do you remember from Donna what was it originally that they proposed a foot maybe uh I didn't I write that down um let me look and now they're at 2 feet or 2 and A2 fet 2.2 2.2 wow yeah like almost exactly a year November 8th oh my gosh um let's see I remember I think it was right on the property line maybe at that one point it was very close yeah yeah yeah well I guess we're dealing with a little better I think to that end it is it is a narrow area so my Cent they're certainly trying to to address the it concerns um and the neighbor there it there's no living space directly across it is a driveway so they are cognizant of of their neighbors and they're not trying to impact their neighbors in any way well yeah it's really more for the neighbor to say that understandable but I'm just wanted to put I'm just trying to paint the picture so and and I was going to get to that point yes but I was just making the point that it's not so much that the applicant is happy it's really that the neighbor is happy right understandable does anybody on the board have any questions in regards to the extension of the patio the equipment being closer to the property line the barbecue grill being right at the fence location is that correct it's right at the fence correct with an under Grand gas pipe yes is gas coming off the house yes excuse me is the gas coming off the house is it coming out the service is from from the house service yes it's not a new yeah I'm sorry I didn't understand yeah from the house service underground and then to the to the unit Jerry is all the storm water directions all addressed yeah most of it was probably addressed in their last application there's just minor additions here that they again they put the yard drain in the corner and the pipe out to pop up a m I think they've addressed our concerns so nothing will affect the neighbor to the west or to the north right do have my directions correct okay I have no further questions is anybody else no anyone from the public anyone in the public have any questions for their engineers here okay I guess not um closing that um you want to bring on to your next witness so our next witness is our planner okay sir you saw swear affirm testimony about the giv this matter the truth whole truth and nothing but the truth yes I do please state your name for the record and j o a u c i e l l o okay thank you thank you Justin if you could please provide your qualifications for the board absolutely um so I'm a partner with uh phone Consulting Group been a licensed professional planer in the state of New Jersey since 2008 um I've appeared in front of this board uh in the past uh I've also appeared um at about 250 municipalities in the state um in 20 counties uh in the course of my planning practice I've prepared Master plans Redevelopment plans I've worked credentials thank you standing with the or the state state yes I am fine right ahead thank you um so so Mr anel really gave a fine description of the application in the site um so I won't you know belabor all of um his his points about the site and description and all the engineering reasons but what I will do and and what's required under the law is uh is go through the variances that are required uh and also give the justification or the proofs uh for those variances um and just for the purpose of the record um uh I will be referencing uh letter uh from your planner uh November 8th 2023 updated through September 30th 2024 um the variances that are are listed begin on on page three um Mr inel did do a a good job in in in going through uh the relief that is required but just to te up my testimony uh I'll go through them as well need a variance for the uh the patio uh front yard setback a variance uh for the patio side yard setback um a variant for the HVAC equipment sard setback um and the fence um just before I uh begin the purpose of of the planning justification or um or the proofs is is really a a balancing act in terms of uh the balance between the positives of of of an application um versus the detriments um and and the goal of a planner uh is is to establish that obviously is to prove and is to hopefully convince you as board members that positives of the application uh do out away the detriments um I think just to begin I think um there's an improvement uh in my opinion a significant Improvement um of the form and function of of the usage of this property from the current condition um Mr scan teal gave the technical reasons um for the variances and and kind of the reason behind uh why these variances are required from from an engineering standpoint um but I'll just put it in in planning terms I would say that this application under the positive criteria uh advances multiple purposes of zoning um under the M uh I believe that uh under criteria c um there's sufficient light air and open space uh even though this is an undersized lot and there are um there conditions that are existing on this property in fact um all of the improvements relate to existing conditions to make them better uh from the current condition I would say that there there there is a sufficient lighter in open space uh that's criteria C and and there's sufficient space on this property to accommodate the existing and proposed improvements under under criteria G I think it's important in the context of of that statement to show that as proposed um the application is well under the the impervious coverage maximum uh which is uh Max required is 65% existing is 35.7% proposed is 52.3 um so it is well be well below the the imper coverage uh requirement and and really as a planner that's one of the first things that I look at in terms of especially when a patio uh is being proposed to be expanding um they're doing that and the coverage is still um in my opinion U you know well below the maximum um as you heard from Mr Anal the the reasons for the expansion of the patio is not just for the enjoyment of the property owners but uh it's a safety reason as well uh they need more more space in the sidewalk interior um to to maneuver around the pole so it's not just for the function of having more space to sunbathe and um have friends over um but also um to uh you know reduce somebody from from falling into the pool um I I think that is I think that is a benefit uh I think it's also a benefit that uh the applicant will be be Shifting the pool equipment uh even though a variance is still required for that I believe that it provides enhanced screening um bringing it bringing it towards the house uh even though it's approximately 2.2 feet um shift obviously it's not a lot but I think the board is cognizant of the fact that um there's not a lot of space in this backyard there undersized lot um there there's there's Frontage on two roadways there's no way to to expand this lot uh the the applicant is doing its best to work with um you know what they have um relative to uh to to the noise Generation Um it's really it's as you heard from Mr and Keel uh this is this is quiet equipment um high efficiency um the fence the reason why it's not align with the back of the house it is due to the uh the downspouts um so so all in all I I think under the positive criteria the applicant is taking a current condition uh and making it better and doing the best that they possibly can under the current conditions uh for the negative criteria it's my professional opinion that the grant of these variances will not present a substantial detriment of the public goods now the law says that any detriment must be substantial because two reasonable people can disagree whether or not or uh you know something has any detriment but I think the evidence is clear that um what's what's proposed uh today is an improvement over the the existing condition um and the applicant is doing what what it can uh to ensure that um that the detriments are are are as minimal as possible uh obviously there's there's a detriment technically because variance relief is required so arguably there's a detriment but certainly uh it does not rise to the level of being substantial and again uh planning in its Essence is a is a balancing act versus the positive um and the negative criteria uh I would also say that the application as presented uh does advance multiple purposes uh of of of the 2017 master plan uh report um some of the purposes um talk to the the enhancement of the quality quality and enjoyment of of the city's neighborhoods and the promotion of quality of life um you know these are uh residents of the community who have improved their property uh over the years um and and they they will be further doing that as well another purpose is to promote a healthy and active community and one of them is spending time Outdoors um I think the applicant with this improved uh backyard uh or or front yard area technically speaking um you know we we'll be able to have have better time Outdoors um and and and generally speaking to to enhance a natural environment and the character of the neighborhoods I think this enhances the neighborhoods as well uh just lastly I think it's important and and Dante Dante said this earlier um the the improvements of the patio where it's being proposed is adjacent to a driveway of adjacent property owner and then of course uh there's a roadway on on the other side so it's not like what's being proposed is is going to be buing up against someone's bedroom window and also I think importantly as well there's fencing there uh which helps to to attenuate sound and it also uh provides a visual screen so I think for all those purposes um no exponential detriment and then lastly uh I don't see any any impairment uh to your your Zone plan and and and zoning ordinance the applicant again is trying to improve this property um I think what's proposed aligns well with your zoning ordinance purposes of zoning uh and and your master plan and for all those reasons um I would request that the board can feel comfortable uh in um granting this relief thank you thank you anybody on the board have any questions for their planner all right seeing none board professionals anybody in the audience for their planner seeing none we'll move on um thank you chairman uh we do not have any further testimony to provide um if you would like a closing argument or closing statement um so you you've heard two of our professionals provide testimony with relation to the actually you know what let's open it up for General comment first then before you proceed yeah sure um anyone in the public who would like to make a comment either for or against this application yes oh please come up go to the mic state your name and address and be sworn in please raise your right hand we solemnly swear affirm the testimony about to give this matter with the truth the whole truth and nothing but the truth I do and please state your name and your address for the record please put your hand in it's okay Nancy cter Co Nancy Cotter Co TT R 1203 Bridge Street in Asbury Park great thank you so you're literally the next door neighbor literally the next door neighbor please proceed so I would just like to say that uh the existing pool equipment I'm in I'm in the yard all the time in the driveway I literally have never heard it I I it just it's really not a bother and I think two feet more um is is not going to make any difference so literally I I I've never heard it so what you're saying pool splashing I mean the pool is louder and it's very pleasant um but the the um the pool U makes more noise than the equipment does really it's it's quite quiet so I I have no complaints I'm in full support of what my neighbors want to do and I uh you know we plan to be on that property in fact you'll see us someday when we want to make some Renovations uh and um you know so we plan to be there for a very long time and uh so I just don't see it as a problem going forward for us thank you m thank [Applause] you anyone else in the public for General comment regarding this application seeing none we'll close public comment and you can do your final statements thank you chairman um so as I was stating we had two individuals provide testimony tonight um our engineer and our planner um to justify the proposed improvements on the site again the improvements themselves um are encased within that existing fence and unfortunately with this property in particular um we are subject to two front yards because of being a corner lot some of these improvements if this was an existing lot with um permitted sidey yards that doesn't have two front yards um we most likely would not be here tonight um we do luckily we did have a our neighbor come out tonight and provide uh some support for the application so we would uh request that the board approve the application as submitted thank you so now for our deliberation anybody on the board have any comments in regards to the application either for or against okay I'll make a comment um I appreciate the efforts made by the applicant to try to address some of our concerns I know it's been a year since we had this application reappear before us that's a long time um uh I I would have to say I'm glad they got an engineer to look at the overall design and and move that equipment appropriately try to give a little more space to the edge of the property line um as for the fence situation we didn't have an issue with that that to begin with we understood where the drain pipe was um and as for the patio and the grill I I don't see that as being a major problem I'd like to second that my main concern was the Mechanicals and moving them closer to the applicants property line or away from the other property line everything else it's within the bounds because of the two front yard situation um so I'm in favor of this application because of the remedies that have been made anybody else on the board for a comment all right based on that I'll make a motion to approve 12 is it 121 Bridge Street second yeah I'll okay as a condition uh put in compliance with any outstanding conditions in the reports just to be safe if there if any that's all agreed and that's that they work that out the TR okay got okay Wendy glasman yes Daniel Harris yes Russell Russell is recused Natalie pasini yes Jill Potter yes Tim slick yes and chairman avalone yes yes thank you chairman members of the board we appreciate your time tonight thank you thank you thank you very much now I make a motion to adjoin the meeting