##VIDEO ID:w74jW8_qziM## good evening everyone today is Tuesday November 12th 2024 and this is a regular meeting of the Zoning Board of adjustment chairman avalone can you please call this meeting's 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 bulletin 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 I ask everyone with a cell phone to please mute it for the duration of this meeting and this meeting is being recorded by APV roll call L Wendy glasman here Daniel Harris here Russell Lewis Here Natalie pasini here Jill Potter here Tim slick here Vice chair Scully here and chairman nalone here okay just one housekeeping issue I make a motion to approve or adopt rather the resolution for 121 Bridge Street I'll second who second Danny okay Daniel Harris okay um eligible board members are Daniel Harris yes Jill Potter yes Tim slick yes Wendy Glassman yes Nat Natalie pasini yes and chairman avalone yes all right and we're getting back to 1118 Summerfield Avenue Miss Sager hi please come up I'll remind you you're still under oath yes thank you unless Mr bman wants to re oath you NOP that's fine she said yes good all right please begin okay maybe if we could just have a recap yes since it was a couple of weeks since you were last here okay so we had gone through the the plans for the for the addition uh for her for her mother um if you recall this was the the addition here and we had last you were here last time correct Mr Nolan I just want to remind everybody that you're the architect are you the architect of these drawings or is someone else the architect of these we I am I'm representing as the architect is the architect is that correct correct so you are just representing Mr Savar correct all right I just wanted to clarify that yes and just to clarify you were also sworn at the last hearing correct and you understand you're under Earth as well I do and and I just want to clarify um the notices are they correct notices are fine I did review those U and they're acceptable all right thank you jurisdiction and why don't we swear in Jerry and Donna as well well you swear affirm that any testimony you'll provide this evening will be the truth the whole truth and nothing but the truth I do I do thank you all right sorry to interrupt you um if you recall this was the addition that we were we were trying to um have approved for for her mother to to stay on the premises with her because she needs to um care for her closely um in her with her medical um situation and as as of the last meeting one of the the this this sticking points was the the fence along this uh driveway and and the width of this driveway and we were asked to um add some additional parking which we we we're proposing in the back here with an additional curb cut and two parking spaces as well as uh there was a question about um the hbac system if if if she was going to put if she was going to put in um uh air conditioning unit so we proposed uh I can show you more on the plans later but um we proposed this side entrance and um a condenser unit here which is which is in the setback which we would need to discuss as one of the variance items um since the meeting this fence has been removed we we were in a contact with the owner it was it wasn't clear whose fence it was he didn't know either she didn't know but it has been taken down and he has written that he's fine with that um so this this section has taken down he has written do you have in an email what do you mean he has [Laughter] written um you you can't say he is written unless we have that document okay I thought that you guys were copied on um so we have we have his consent to that that fence well we need to see that consent then Mr Nolan okay but the fence is gone as of now yes and we have some pictures to show for it you have a an email that's what I was going to ask I'm do as a third party you can't really represent what a a a neighbor has said sure okay it's a little bit more complicated so that's why so I was the one that spoke to them okay answer um do you want to swear my Associated from Mr bman how do we proceed with this I mean you're asking the question do you want her to swear in now or we come back to it we can come back to it let's come back to it okay okay um so here's pictures of the fence that was removed and the the remaining fence is along his his property obviously we didn't touch the rest of the fence that's on his property Mar are these photos in part of the record for I those those no do you know where you left off at the last hearing I will tell you in one second if you have any exhibits the these need to be entered are they the same photos same photos as this board correct I think we got we got as far as exhibit 8 two so these are going to be A3 A3 what were A1 one and two so A2 was the survey of the property and A1 was a site plan okay the with existing and proposed side by side photos all right so we have an updated site plan so since we marked the initial site plan why don't we Mark A3 the updated site plan that was submitted in advance can you just uh read for us for the record the original date as well as the last revision date of the site plan of of our the J that we prepared um the original date was uh uh 614 of this year and then it was revised on the 29th of uh last month per the comments from last meeting wait okay that's why I as question you guys earlier yes I don't have that that's part of the record that Marie sent everyone last week so the email that Marie sent last week that's that's the date that it had the revision date on the plans that were distributed to the professionals is 1024 okay so I don't know what the difference between I don't believe we had a drawing the date 1024 they're right in front of me yeah could they have been the same are you representing Mr Nolan that these are different than what was submitted to the board not to M now can I no I can explain no she did s everything over no stop Mr Nolan yes what are you representing representing the what we're presenting here that that's not what we have okay what do the board members have whatever Donna [Music] has is this the same please look at this we need to be on the same page yeah I'm Sor absolutely organiz hang on okay I have a 6G set of plans prepared by MSA architects yeah original date the engineering plan is is dated 1024 right that's right yes but your architectural says 1024 architectural correct yeah MSA yeah I have9 and you have 1029 when did you download yours is that from Mar Marie's email last week yeah that's the one I looked at too and that's why I compared your your um reports so so what's the set that was on file 10 days before the meeting so the set that you're saying is 1029 is there a 1024 date on that no there is not what's the date before the 1029 date it was for the LA the last hearing uh it was dated um well it's the one that was used for the last hearing it was dated uh June 14 so the last revision at the last hearing was June 14 sorry no June 14 Jun June 14 okay [Music] so here's what I suggest let's give them a few minutes to look at the two plans and see if there's any difference I can't accept that Mr beakman well if there's not a difference then we can go by the 1024 plan but Donna hasn't reviewed it right no she reviewed the 1024 plan okay my question is what was the file what was a set that was on file 10 days before the meeting the public has not seen perhaps what I have seen the board has seen right so Marie what do you have in your records here we go so my email from Marie to me Sam Jerry's office was forwarded from uh good afternoon who's finally attached to revised architectural engineering plans um Sager 118 Summerfield Avenue Ed Parker rision for variance meeting 24124 is the name of the PDM and what was the date of that 1024 so you got it the same day yeah um and this is from Robin McCarthy on Tuesday October 29th Donna we got an email from Tammy and that was Tuesday October 29 there's PDF files attached I'm scrolling through all the old emails okay but this is what you sent me to review as revised qun 1029 1029 there were some emails that went back and forth about escrow there was conversation about um how there was no coordination with our office to be before the revisions were made that's the notice all right I'm going to make a motion to take a 10-minute recess somebody needs to figure this out otherwise we're going to reschedule this meeting a second second second okay [Music] um all in favor of the break okay yes okay Wendy glasman here Daniel Harris Russell Lewis Natalie pasini Jill Potter here Tim slick Vice chair Scully here and Christ chairman avalone here all right so U hopefully we've resolved the situation let's see if we can get it all corrected on record uh Mr Nolan you would like to bring up your associate yes please please do you swear or AFF firm that the testimony you're about to be provide will be the truth the whole truth and nothing but the truth I do and if you can state your name for the record sure my name is Tammy Karen I'm the managing partner and owner of MSA Architects and how do you spell your last name my last name is spelled c a r o n miss Karen are you an architect yourself I'm not a licensed architect I do have what are your credentials I am actually um certified zoning certificate for the St New Jersey I have over 20 years experience both with architectural engineering and construction terms within the state of New Jersey I manag the um operations of our company um I'm qualified to be a zoning officer sit on the zoning board or planning board um but you're not in zoning I'm not I not no but I maintain the credentials to be okay thank you um so what I can offer just as a summary to recap from from last meeting to this meeting um as you know there was quite a a bit of conversation last meeting concerned with the fence being on the neighbor's property before we get too deep into that yeah there's a question about the plans and the dates of the plans let's stick to that because if this board doesn't believe that the changes are IM material then we have to carry this matter and I don't want to get too far into come closer to the mic so that they can get you on record yes um so as I I'm not going to go into the details of the funds but it's it's crucial as to why we're updating the plans so if you recall as we left the last meeting there was a number of items that you wanted us to address and you would strongly encourage us to work with Donna Miller and her team to try to get that um finalized prior to this meeting we had actually prepared plans that were dated 10:24 um that I gotten deliver delivered to your office the same okay so you're giving us a listing of of events tell us what the differences are Miss Garrett so the the differences after got delivered is I noticed that the way it was presented on the title sheet only there was a couple of for example when you when you look at the total imper uh imperious coverage um I think on the original one he didn't have the percentage he only had like the square footage of 9 uh you know and 11 subtotal so I had my my staff add the percentage so that was someone didn't have to try to calculate whether it was under or over it was more just like visual updates so that would be easier I thought for the board to relate to so that for example was added um in addition on the top part of the zoning chart um the way that he initially had presented what variances were needed it had changed from the first meeting so in an effort to try to make it less confusing for the second meeting I had suggest so that we just make some changes on the title sheet only to what was shaded as far as for what was being propos because in the first meeting there was no sidey setback requirements on the right side of the house but now as a as a result of us adding in the AC uh AC unit condenser in the side um entryway there was hence why we had to do another notice and it couldn't be that we had to Ren notice I was only trying to just clarify and try to make it easier apparently during the transition of updating the sheets and working with Chris an and your staff members there must have been some confusion which I can understand why and I apologize for that but we actually were trying to make it easier and as a result of the time constraints I guess some people got the 1029 and some people got the 1024 the actual architectural plans themself to my understanding there are no changes it was basically just title page title sheet changes that were done more so for visually and to try to help it make it easier for everyone to follow along that is what I recall so the plot plan and the site plan there were no changes to those doesn't appear between 1024 and 1029 no I just put through all p i mean it comes down to whether we accept what miss Karen is saying correct we that's all we can base it on right and and and the notice I think you're going to need to take a vote on that yeah and and you know so the notice matches the relief that they're requesting the plan 10 whether it's 1029 or 1024 the plan itself matches the re relief that they're requesting so Marie why don't we take a a roll roll call vote from the board members to determine whether um they're in agreement or not in agreement whether these changes are [Music] immaterial and just for clarification it's just this little block of shading that's the only changes that we're and the additional square footage percentage if you look at on the title sheet where it says total impervious coverage on the first sheet it only said 9911 Square ft and on the Revis sheet I added 2891 next to it so that way you knew the cover the percentage so like you know some people it's not easy for them just to like kind of do the math and so if you want to know like we just added you it's just a pet peeve of mine so but nothing in the drawing has changed it was the grids more the zoning chart more for visually yes it was I had made some changes for pres presentation wise yes and who signed off on your changes who signed off on my changes when for did an architect sign off on your changes yes so these are obviously these particular drawings were assigned by Michael sarice he signed off on whatever you changed on the original drawings yes okay Wendy Glassman I'm not sure which way to vot immaterial immaterial yeah that's that's a good way of doing it okay um so you said immaterial immaterial okay Daniel Harris immaterial Russell Lewis immaterial Natalie pasini immaterial Jill Potter immaterial Tim slick immaterial uh Vice chair Scully imur and chairman Abalone unanimous good thank you Miss car thank [Music] you so so sorry for all about Mr Nolan we had a little Brew understand understand um so I don't even know where we were you may want to start over Okay so we were talking about the fence I guess and in the driveway cuz that was one of the biggest um issues last time was the fact that part part of her driveway was uh is past the property line and the fence here has been removed and this this portion of uh driveway has not been removed yet but will be removed for when she puts in the additional driveway she was hoping to to relocate a lot of that gravel so she wouldn't have to um repurchase as much Poss here are the pictures again what what's going to be done with the the the uh cutout of the Cur that we were hoping to leave at this point because it was outside of her property line and she had I believe permits to do it whether they were reviewed or not properly at the time were kind of stuck with Nows how does that work have I'm not quite sure how that I mean I can't speak to the she had spent a lot of money to have that put in yeah but that's now too yeah we typically don't permit um two uh driveways serving one use even when it's on two frontages um and the curb cut wouldn't lead to Illegal parking space so that would also be you know disfavored right which is what I'm getting at so you have two curve Cuts so um you know the the city's position would be you get one right make the most of it um uh not likely that you know two would be um but we certainly can't agree to two curve Cuts well so the the objection to the one on Summerfield is going to be that if it remains there's the opportunity for parking to occur in the front yard of the property which is you know a not a permitted condition unless you have a garage right offset 5T on the front building line and um we're not proposing that um and some of the other uh changes that they've made to the plan since last meeting put more um obstructions in what was their driveway right um so they wouldn't be able to pull a car straight backyard yes so um yeah that's why we would you know who would be responsible for fixing the curb though well this is part of her development application she's putting on an addition she's doing the deck she wants the other driveway now so um because you know through whatever mechanism of who was who was not right about allowing the driveway to exist on the side of like you know you can't have it on someone else's property right if you can park on your own property then then fine or if you can pass through the side of the building to the backyard on your own property that's fine you know there are a lot of driveways in town that are not 10 ft wide um but they go to the back of the house and that's where you turn around and you park and whatever that's where the garage is so um so yeah so um you know the city's position is basically they don't we're not in favor of having two and the one you're not well I don't think you're going have the board agreed or two right so the one you're not going to use should be closed up yes yeah should be restored so that there's on street parking exactly yes sorry I'm just thinking money going well so tell us some of the other changes that you've made to the plan since last time so you're you're still keeping the addition you're still keeping the deck yes but now you've what else you've added condenser unit here and a side side entry for so she would possibly not have to disturb her mother she can go in to side you know Park back here and walk into the side of the house over here and then inside if you recall last time we had a a hatch down to the existing Sellar we we revised the interior to now have a staircase access down to to The Cellar area so we could reuse that for uh mechanic if needed for the hbac units heating system but otherwise the FL plan has has been changed so how how big is this um the platform and the steps on the side uh the platform is uh 36 by about 4T wide and then including the stairs at 7' 4 from the edge of the the platform to the bottom of the first Riser and it's and2 ft theet I believe so yes and those are the changes outside of the driveway the new driveway yes and can you talk about the arrangement of that as well the size the configuration uh oh yes this so this would be uh two part basically 18 by 18 so uh two parking spots at 9 9 by8 and um a little bit of a of a pathway here we we spoke with our client earlier if if we had to replant this whole area that would be acceptable too she move once you move the gravel within the uh changing the adding the driveway in the back or the parking area in the back so the spaces are just right at the property line a parking pad pull in back out into Prospect correct um and then a little gravel walkway is that it or is it concrete or connecting to the new uh the new steps I'm not sure what the materials would be but that would be either gravel or or you know pav we need to know what it is because that's going to determine what the impervious coverage is right it was counted either way so it's gravel it's sh shown as gravel but okay and that was included in your calculations correct yes okay okay and so um what was the um the rationale behind the size of the deck and the dimensions of the deck uh it was just to continue the the the line of the house basically and try to um maximize the space off the back I need to understand the rationale of moving the staircase to the side of the house off the bedroom I I I I'm a little confused is oh it's not off the bedroom it's not off the bedroom the kitchen off the kitchen so you don't have to go through the bedroom [Applause] bedroom this is the staircase here okay so it's just sort of a personal preference to maintain that line along the Southern Proper line Thank this is [Applause] [Music] um so we basically Line West West and East they just the addition second floor that's why off it should not be there so they have to walk around the AC unit to get to those steps on the side yes you have to walk next to it yeah what's the width of the curb cut going to be on Prospect uh it would be I know par spots are 18 by you're talking about at the curb itself right there's no dimension on here but look like it flares out like an additional six F feet or so so that's that's problematic you want to minimize um theing in the street to allow for as much dep possible so if you had a 1ot flare on each okay and you made 20 ft if that's acceptable to you I think that would be acceptable yeah that would be acceptable Jerry you don't have any issue with the location of that flare no doesn't impact any joining properties it's the standard yeah I just want to make sure it doesn't impact any neighboring properties no it doesn't okay Mr Nolan yes what is your what does uh your client say about um the board's comment about uh closing off the curb cut on Summerfield she's not crazy about doing it just for the cost but I'm sure she'll you're you're going to be opening up a curb cut on on Prospect so the whoever's doing that is going to be there MH to do that yes so yeah we'll she'll do that so it may not be as bad as you think because you have to continue the sidewalk I don't know when it was poured if there's a joint you know if there's aint there's a joint okay so they can leave the sidewalk alone okay they just have to take out piece of concrete from the edge of the sidewalk to the curve here and then there and level the curve level the curve up so you're going to need a little bit of curb and a little bit of just going to be concrete so it's not as bad as and pl planting some grass along the shade tree which was also we didn't bring up that uh the street tree was added here the one right yes that could be positioned you know to suit wherever slide it could slide over that would be a problem okay as long as it's in your Frontage of your property okay the street tree is not there right that'll just be um Landscaping that'll just be it's not currently yeah shot in the front too doesn't show that all the way there were pictures of that we had last time that showed the whole front of the house but yeah there's no tree there now but we're proposing to put it in and I think if if I saw correctly from the last hearing you'll agree to work with the um shade tree commission to address the proper type of tree yes okay [Applause] any further questions from the board for Mr Nolan didn't we have concerns about the bedroom last meeting as being an SRO did but we just don't there's only we're not proposing any kitchen or or any other um it's just the one kitchen here in um private guest room for her mother in the back the other thing the board brought up if I remember considering um basement for storage or maybe bigger f space or is that something you thought about we we did but for uh for budgetary reasons we just wanted to do a CL space and the Mechanicals are no longer in the coral space are they going to be part of the regular basement we're moving the um the the wash the washing uh the laundry is going to be up in the closet here with the stackable washer dryer uh leaving more space for um you know equipment to to remain or be added down the hot water heater yes but that's in the regular basement not the Pearl space yeah it's in the it's in a base it's in a basement yeah 6'2 head height it's not a habitable basement but it's and now you don't need the hatch to get down there because you got the stairs correct so um I'm going to go back to the deck um so there's a way to eliminate well two variances actually if the deck were reconfigured to provide the correct amount of setback on that property line and the AC unit was moved to the back of the deck 5 foot off the property line that would be complying so we'd have a complying setback for the deck and a complying setback for the AC unit in the rear yard uh if they you know change the dimensions of the de Miss Sager would you be amenable to that I would say yes would love that putting it here all the way around okay I thought she was saying well I mean you can switch it with the steps uh yeah or you know that's that's sort of part two to my my thought here but yeah if you move it to the back of the deck you either in the side of the notch or however that's going to get reconfigured so as long as it's 5 ft off that side property line you will eliminate a variance you're talking about taking this deck this way edge of that yeah okay and then you can put the AC in condenser there and the AC has to be to the six what is it has to be 5T from the property line okay so um and to miss Potter's point about the previous concern about the potential SRO use of the of the downstairs bedroom um you know having the exterior stair come into the kitchen just sort of reinforces that concern having the steps off the deck that go into that bedroom reinforce that concern um if we um eliminate step the steps off the deck so that it's acts more like a balcony attached to that room that kind of helps um I think you know eliminates the concept littleit I I understand again is that something you be rather have you know the floor plan flipped a little bit or some kind of twe I thought we suggested that the last time to re to consider moving those around so that they weren't or we weren't looking at the possibility of an SRO that's a short term rental is that what you guys single okay so history in the city of people just renting out bedrooms and it has been problematic longterm and short term yep and the issue is if this passes it goes with the house it doesn't stop with you right it doesn't cease with the sale of the home so we're always looking at that future and the way the floor plan is you know configured right now it's very easy to just shut off that bedroom from the rest of the house and it has its own private access and you know uh that would be that's the concern that we always have in the back our Mar so since you're haven't taken steps to change that that floor plan layout so we're trying to find ways to you know just protect the city she she agreed that she would she could get rid of these steps her mom's not a condition that she's going to be going up down the stairs inway so if it makes you guys the board more comfortable well I mean you know we're we're hopeful that it's not just Mom that's using the deck you know the deck but you're making everybody walk through the bedroom no one's yeah so um you know uh so so anyway so those are the two um suggestions I have for limiting variances and hopefully maybe you know putting a roadblock to the future I I if M Sager is amendable I I yes okay absolutely I appreciate the L one less variance thank you so just so I can clarify the the those couple items the AC unit is going to be relocated to be on the rear and at least 5 foot from a side and rear yard property lines the rear deck shall be modified to comply with the sidey yard setback uh on the east side believe that was the East Side yes right on the east side yes East South is North so that's East the rear stairs shall be removed from the deck and the deck will have railings correct all the way around yes this your first comment side I said side end rear for the AC yeah for the AC I mean the rear it's a long way but in case they want to put it further back they have to understand the stuff that comply with the rear PR much they're pretty far away yeah it'll be a long way away but you don't want that long yeah I think the last thing to discuss would be storm water management is that correct Sherry yeah at the last meeting we brought that up um you know collecting the GRE water off the RO gots and and having that put into a drywell yes it was that's proposed to be back here a drywell [Applause] here I just wanted to put that on the record yes that is [Applause] there and any further questions for Mr Nolan board professionals any further questions for Mr Nolan or M well everybody um so the fencing which which picture which what we so there's fence in the front the fence here was removed along the driveway okay but what about in front of the house um CU that was in the right of way so that needs to also be removed this fence here yeah okay that's not on your property it's it's in the right away oh actually didn't realize that I thought it was just the side the front of the house is on not on my property either the house is the your porch steps just about end at the property line and then everything else is in the in the city right of way yeah the sidewalk is not in the right the sidewalk is you would have to get agreement from the council and they would have to give you an easement for that LIC this is the edge of your property line right here the heavy line yeah and then the fence are here so that wouldn't here okay that iron fence is here yeah sure here's your steps and as you said they're see how they wind up right at the edge of your property line there and then this is this fence is out like six or so feet wow okay don't think I caught that last time H so a lot of people don't realize where that you know imaginary line right so when we find them though we try to get we have them removed okay uh okay so that's that fence um and now so now the fence in the all the way back um which which other fenes were we going to side um this this section a fence here that the one that went over the property line these remain here because they were they were on the other property okay and then what about um that far south property line over here yes CU that's also off your property are those not yours either yeah it looks like yeah they're off this one here is on this so where so where that fence intersects with where your new driveway is going this here yes that's going to be removed yes is that all there's all enclosed the other end as well yeah this this portion will be removed for you know obiously we can't anything else it's on property right you know that your neighbor's fence if it's your neighbor's fence isn't just going to be yeah oh that they'll be supported of course it looks like your um existing fence in your backyard on on E side is actually well on good property so if you're do to redo your fencing you may be able to pick up a little extra space for yourself there so they are all over the place okay so you're going to um take out sections of the fence associated with where the new driveway is going to be but maintain everything else except for the right way in the front and the other sides okay correct any further questions Donna once we complete with Mr noan and Miss Sager we need to bring back miss Karen for the whatever statement was written by the neighbor Jeff do you have wait oh I thought you were no no not yet not yet is unless there's the professionals any further questions no anybody on the board for Mr Nolan no thank you m Seer okay anybody in the public for Mr Nolan or Miss Sager seeing none thank you all right so let's bring up miss Karen again and my understanding is you were the one talking to the next door neighbor uh yes so M Sager never spoke to the next door neighbor um no immediately after the meeting Miss Sager if you recall she's a travel agent she's typically out of the country so she immediately left do so you were acting as her attorney no I no I did not act as her attorney I basically sent a letter to the property owner of uh the lot next door which is under an LLC F2 997 Lafia LLC I got it off the 200 foot list cuz obviously we had no phone number or any way don't know and who did you speak with so I sent well first I sent them a certified letter and I uh explained that we recently had gone in front of the board it was brought to her attention I was uh the property owner's attention that somehow along the way under notes to her uh prior owner had accidentally put the fence onto their property um the board was had instructed her that she needed to correct it she was concerned although no one else seemed to agree that it that it was that it was not her friends but she was under the impression she didn't want to just take she didn't feel comfortable taking down the fence without at least letting the property owner know in the rare event that it was their friends so um I sent them a letter explaining that we were recently in front of the board that we were due to go back to the board in another month and that she would feel better just letting them know that what she wanted to do they received the letter I immediately then the following Monday received an email back from a gentleman uh by the name of Ken rickle he said I am the manager for the properties of f297 Lafia LLC and I have I'm the principal of the LLC copied on this email and I have CC the I guess the principal of the LLC on this email in regards to your request for the driveway and the fence issue can you forward us the cleaner copy of the survey of March 2024 we're going to visit the property this weekend and look at the situation in person and we will reply to you earlier the week we hope that makes as easy as possible for you and your client then there was another follow-up email I said Thank You attaches the copy of the most recent land survey that was prepared my client was under the impression that maybe the fence was yours but I don't think so I assumed it was installed by a prior owner prior to she purchasing the property if you need me to meet you out there while you're in town let me know depending upon when you go I'll be able to meet you he responds back the city planner and attorney made it clear to your client so obviously they must have had some conversation with someone here on the board um at the meeting last week that the fence belongs to her as it is the same fence type of material that runs on other parts of our property we did not have it installed but again we're hoping to make this as easy as possible for your client we appreciate the offer to come out and meet us but it's really not necessary we will only be there for a couple of minutes Ken so it's my understanding that they went out there um and that they had no issue removing the fence um defense was then um she only had the money and of course she's dealing with all this overseas so she had arranged to have a contractor I said it would probably be a good idea to show good faith of effort prior to the meeting if possible to at least remove a small section that's currently on the neighbor's property to show that you are making a good effort to try to deal with the vents issue although she was out of the country so so Ken let me understand this Ken rickle who's a real estate agent here in Asbury he's acting as a manager of the property know but we we don't know who the owner of the property is no one has I I I sent this to the 200 foot list the tax property owner that you have on there the LLC I tried to look up online there's just a Brooklyn address it doesn't say who it is so they they I sent the letter to there and they responded he did CC uh I don't know if there's another person CC it on the email I mean at the end of the Howard fredman I don't know so he he probably is the principal I mean at the end of the day if it's her friends right well they're just down regardless right whe or not like if it's her fence and you want it down then all due respect it doesn't really matter whether they want to or not but we just she just felt more you know she felt bad she doesn't want to have a riff with her neighbor so I said as a courtesy to you we'll just write a letter on your behalf just letting them know so in the event they wanted to come to the meeting or or voice any concern or say oh no wait a minute that's do you have any concerns with how this was I really don't I mean cuz at the end of the day it's a civil matter between her and the neighbor okay you know it it has nothing to do with the board uh itself um I would say this that if it was the neighbor's fence they have a accessory structure without a principal structure so that's probably a violation of the zoning ordinance anyway um so I I don't necessarily have a a problem with it the fence is gone we've actually the the concern was rectified whether it was done properly or not that's not really the board's concern at this point can we enter that into the record as a I just did okay okay any questions for miss Karen board professionals yes no anyone in the public for M Karen for whatever her testimony has been tonight seeing none moving on um so uh we now open it up to public comment seeing nobody in the public we co close public comment and we deliberate unless Miss Sager you have some final words that you would like us to hear from you I don't but thank you for the opportunity thank you great so anybody on the board for comment further um I like all the changes and upgrades thank you for listening to us and uh I would approve the application I agree would anyone like me to review what we went through real quickly just so it's on the record at the end of the hearing here as soon as we make a motion to approve it so the curb cut on Prospect shall have a flare of no more than one foot the uh curb cut on Summerfield shall be removed as well as the apron up to the sidewalk and replaced with grass uh applicant agreed to install a a street tree and work with the shade tree commission for the location and the type along Summerfield the addition with the bedroom shall not have any kitchen or efficiency systems the AC unit will be relocated on uh to the rear and at least 5 ft from sidey yard and rear yard setbacks the rear deck shall be modified to comply with the sidey yard setback on the east side the rear stairs shall be removed from the deck and the deck shall have railings all the way around the dry there should be a dryw with roof leaders pipe to it uh and remove the front fence that's within the city right away what about remove the driveway on the summer field and utilize the rocks for the new driveway on Prospect that's that's up to them that's it's not a a variance from the standpoint of imperious coverage so what they do with those materials is up to them they are removed they're going to put in new curb cut I'm sorry they're going to be putting in new curbing on Summerfield to close off that driveway and they're going to remove the driveway apron section between the sidewalk the driveway what what else they do with that as long as they don't increase the impervious coverage and create a variance okay they're okay with that and did we did you mention the uh hbac yes yes okay um all right so based on that I'll make a motion to approve 1118 Summerfield Avenue application I'll second Wendy Glassman yes Daniel Harris yes Russell Lewis yes Natalie pasini yes Jill Potter yes Tim slick yes Vice chair Scully yes and chairman avalone yes approv and I make a motion to adjourn the meeting so second Marie just just so we're clear on the record who who's the alternate Natalie all right since we have seven members um we have to limit to the s seven members so sorry just for thank you everybody Happy Thanksgiving thank you so much Happy Thanksgiving