##VIDEO ID:hsMz3tXDhcc## e e e e can you hear me oh I can't hear I can't hear you oh my goodness hello Denise Denise hello Mark yeah unfortunately I see you perfectly I see David um but I can't hear you I'm so sorry we can't hear you either we don't know what's going on I was just about to try and P you want me to pull our it person see if I can get yeah I could hear him perfectly yeah okay sounds great I could hear you okay thank you I can my battery slow I'm just gonna need to plug in okay you want to call me David okay I'll hang up okay he David thank you y thank you okay so we can see you you can see us and know what's happening uh recording up on top knows what recing who can't he what we're gonna do so Den can you go ahead and open the meeting now sorry you would find public notice message message it's a new one for this year in 2020 pmic ISE January weather the meeting is canell and the um reschedule date was for today J January 5th uh this meeting is being held in person in Meeting Hall on the second floor of the burn Municipal Building at 166 M Brook Road public offer comments will be required to attend in person the notice of these meeting changes has also been emailed to and backs to the Burnsville news the carer news posted on the B website and filing copy with the municipal clerk all on February 1st 2024 it is the intention of the board not to continue any matter past 11m any regular or special meeting of board unless the motion is passed by the members then present to extend to a later specified power of time whose same shall be announced at the opening meeting members of the public May participate in meetings at certain times as announced by the board chair members of the public will be permitted to address applicants and their experts ask questions and comments as appropriate once invited to do so any hearing conducted judicial proceed any questions or comments must be limited to issues that are relevant to what the board May leg consider ining a decision theorum appropriate to a Judicial hearing must be maintained at all times at this point since this is our annual organization meeting I would like to ask for nominations for board chairperson I'll make the nomination before we do that we have to swearing in are the four members well rich is not here Mark do you have the magic Warriors up there yes I do in front of me all right I would ask David Mark and Tom hopefully somewhat un okay obviously plug in your name and plug in whatever the position is on the board you can just raise your hand and do that as a group then I can um sign where I'm supposed to sign and we'll make it official give it a go swear I will support the Constitution of the United States state of New Jersey that I will bear true faith and allegiance to the same to the governments established in the United States and in this state under the authority of the people and I will faithfully and justly perform all the duties of the office of the board of adjustment alternative member number three to Ability I use my office to gral treatment nor to rece personal gain favor or Advantage notable to the so help me God wonderful okay Mark sign yours and mail it in we'll do and Denise slide yours over just's take care of it okay now you can do a roll call first then here here Mr here Mr sard here Mr sedlock is absent Mr trainer absent Mr SW Miss ler is absent here cool now now the off chair I'll make I'll make it the first nomination okay I'll nominate honorary chairman David GRE to be the ongoing chairperson for 2024 second by Jeff any other nominations [Laughter] this is another nominations CL it's okay what we generally do is just cast one vote done yes yes yes thank you for placing your Tru with me get okay so now we can hold uh an election for vice chairperson is there does anybody want are you an alterate head or regular M he's regular member I'm regular that's good news all right there I'll second wait so nominated no no no no I just said I do to everybody else okay so me formal nomination all I'll nominate Ed for eded and mcdal for our vice chair okay okay are there any other nominations for vice chair yep ask one vote for Ed done yes yes yes now we go through okay whereas there exists a need for legal this is resolution number Board of adjustment 20241 whereas there exists a need there exists a need for legal representation Board of adjustment B burn there whereas it is expected that funds will be available for this purpose and whereas the local public contracts law njsa 4A call 11-1 fsac requires that the resolution authorizing award for contracts for Professional Services without competitive viid must be publicly advertised not therefore be resolved by the board of adjustment of the bur of Burnville in the county of Somerset state of New Jersey as follows one the chairman and administrative officer of the point of adjustment are hereby authorized and directed to execute the agreement with Lou P Rego Esquire in accordance with the attached fee proposal dated January 12 2024 for the performance of Legal Services Board of Justice FAL subject to the appropriation of funds two this contract is awarded without competitive bidding as a professional service on the provision of local public contracts law because New Jersey statute njsa 4A 11-5 such work formed without advertising for bids and three a notice the award of this contract shall be published in the B new as required by law within 10 days of its passage will somebody move that please I'll make a motion roll call yes yes yes yes yes yes yes thank you thank you all Okay resolution number boa 2024 D probably 02 it yes one here engineering that's okay I got it whereas there exists a need for an engineering consultant the board of adjustment of B Burnsville and whereas it is expected funds available for this purpose and whereas the local public contracts law njsa 48 col 11-1 SEC requires the resolution to authorizing the reward for the contracts for Professional Services without competitive bids must be publicly advertised now therefore be it resolved by the board of adjustment B Burnsville County Somerset state New Jersey as follows one the chairman and administrative officer of the board of adjustment are here by authorizing directed executing agreement with Ferrero engineering which should be foswell uh in accordance with the attached 2024 fee schedule dated November 16 2026 for the performance of 26 no 2023 um making changes here for the performance of Engineering Services for the board of adjustment of the pro fville subject to the appropriation of funds this contract is awarded without to this contract is a without b as pression service under the provisions of call the contracts law because the New Jersey statute njsa 4A 11-5 permit such work to be performed without advertising for vids three a notice of award this contract should be published in Bal news as required by law within 10 days of its passage will somebody move yes yes yes yes yes okay yeah pass this one over to Okay resolution number boa 2024 three board planning expert whereas there exists a need for planning consult consultant the board of adjustment personal and whereas it is expected the funds available for this purpose and whereas local public contracts law njsa 48 colum 11-1 atack requires that the resolution authorizing the word for contracts for Professional Services without competitive bids must be publicly advertised now therefore be it resolved by the board of adjustment of bur Burnsville County Somerset state of New Jersey as follows one the chairman administrative officer of the board of adjustment are hereby authorizing director executive agreement with Burgess associate in specifically designator senior associate Johan Zabo professional planner as the bo planner in accordance with the attached purg Associates in 2024 Fe schedule for performing planning service thees said board adjustment of the bur of Bernville sub the appropriation of funds two this contract is awarded without competitive bidding as a professional service under the provision of local public contracts law because New Jersey statute njsa 48 11-5 permit such work to perform without advertisement bits and three a notice of the award of this contract shall be published in bird news as required by law within 10 days of its passage make a motion call please yes yes yes yes yes and resolution numbera 202 24-4 for the board administrative officer be it resolved that Denise Fardo be appointed the administrative officer of the board of adjustment B Burnell for the year 2024 I'll make a motion second roll call please yes yes yes yes yes yes resolution number boa 202 24-5 official newspapers to it resolved with the B the Burnville news and The Courier News be designated the official newspapers for the purpose of publishing legal notices relative to applications and other matters before the board ofjust in B vernille during the 2024 calendar year and during January 2025 he had further resolved that whenever feasible applicant shall publish a noes in the make a motion yes yes yes yes yes yes okay um the last one let's see yeah so according to the agenda at this point let's discuss iners inperson versus virtual meetings going forward for the remainder of 2024 does anybody have a preference I prefer in person I prefer in person I like person first a question too the C I thought Place Council thir and ofth yese as meeting in the next room because it's like a work meeting see I would just in terms of speaking about the iners in the zoom um I would just say that I think I mean obviously just from you know be great to to do this zo with all due respect I just will give my opinion as well um is I think that you know I I think it's better for the for the town and for the applicant to be in person to really open it up for discussion and that everybody's paying attention and focused and that everyone has an opportunity to interact andp because when the applicants come they spend a lot of money on Architects on lawyers whatever they're spending on and they're big decisions so you know personally I you know I I don't I would like Z chu but I I personally think it is better for everyone to be in person that's my op I agree with I like person person but I uh I like presentation seeing and it's so easier ask questions of the app you know get a better feel for what you're improving or tonight I like both of them but I think if you're on Zoom is the people that normally won't go because they can't get babysit can't you know they if they're on Zoom they can come in mute their camera do what they're going to do it home and then they we call that person they come in they unmute it and they can be part of it where I think if you don't do it people like their night here time have to get babies that they don't show up Jeff I can Jeff I can agree with that point but uh with for with my experience just being um a member for for one year um I truly enjoyed the um presenta the professional presentation it was clear the exhibits were clear on my screen as opposed to um uh applicants bringing in drawings and trying to put it up on the screen and I know uh just the just the one that we had in person the the Liberty uh Liberty dog Farm um I it was it was difficult not that it was that difficult because the the applicants only you know 20 feet in front of you but I think the um the professional uh presentation from an engineer or planner especially when they present it on a zoom it was very easy to follow for me and I'm just giving a one-year opinion um I I enjoy the zoom I get to spread my stuff out all my maps out and then get to see accurately what the applicant is saying especially when they're presenting their form so that's just I prefer Zoom but I'm just one voice what I do want to bring up is if we're going to meet in person this evening was a great example we're not doing hybrids no please I don't want want to try and do this on any given meeting night um if you can't be here you can't be here we're not going to bring people in on Zoom I also don't think that the YouTube stream is at all useful correct um if it's going to be in person it's going to be in person and there isn't going to be a YouTube stream there's no reason for it the YouTube is more a matter of record than it is for participation so you're going to do YouTu and and how's that or you're going to do an audio recording and how's that correct but you still have to have a video because even if we're sitting here all the documents are going to be displayed on the screen I would I would also just say this that you know I know I've been on this board for more than 10 years I know that I'm dating myself more no than 10 years no it's just means you're 31 and you know before Co where was legitimate reason to go on soon we were all here you know we were fine we made it happen we had very Lively discussions very clear questions people were engaged you could see them and it was very interactive and I really I really have to say for the town I think as a board of adjust M they're better served by us being in person and being engaged with them in terms of being a to discuss stuff and it is true that we never had a problem before Co you know I know Co is great issue but we never had a problem being in person no and I know that I heard in person when Co hit and I think it took everybody on this board a while to become accustomed to a format and the a um a style of interaction with zoom and it took us a while to do that but we did it successful I don't think the town was deserved at all I think everybody participated well we had Lively discussions on Zoom I think the applicants presented their information and quite frankly I think it was more convenient for everybody involved I agree attorneys didn't have to drive your expert didn't have to drive here the applicant didn't have to be here everybody could sit wherever they were um you know didn't have to have pants on or skirts and uh nobody needs to know nobody needed to know and and so um and and the public participated very well so there's that piece of it the other half of the um in person is I know when we had hotly contested applications we had times where there were people standing in the vestibule outside and we had to have police officers here to control the order very true since covid there is a lower density in the office so if we could have if we had 75 people in the past in the meeting room we don't have that now because PA are all separated so U I don't know what the capacity is but it certainly isn't 7 it used to be a sign and there AR supposed to be standings exactly I mean the limit of 70 is is real if that's code says then we're done at 70 and if there's I was just going to say if there's 11 of us plus a couple of professionals um you know that's that takes 15 out of out of the 70 it's 55 people from the uh the burrow that can attend a meeting and nobody wanted to play with uh putting meetings in the uh in the pack over the high school right because there was there were there were no facilities for recording the meeting or anything else so nobody wanted to play with that okay fine we we we had issue was brought up with some of those larger meetings which we did have a couple of years back and they will occur again so as far as I'm concerned it's a light switch we're either going to do inperson or virtual I do not want to do hybrids it's it's way too hard the technology is imply manage as Marcus f um and so uh as a board I'd like us to have a consensus do we want in person or do we want virtual let B happy to on the horn and I try make a point that David raised it um in terms of capacity there's case a little to the effect that if a board knows that there's an application it's going to bring in a lot of people and there be cases where the crowds outside the law basically says that you have to either find a facility where they can count all of them can be H or set up and as I've seen them both set up television monitors so that people out theall can can participate at least see it hear it I don't know I don't I don't know if we're going to have any major cases down the road that's going to pack the room we have had past we may have them again I don't know but it's a consideration this not is not a big room so well what's the um can we switch from inperson to Virtual mid hearing if we need to accommodate a situation like that yeah I I don't think there's anything against so long as we have the advertis it or can we announce it at the meeting I would think the initial meeting is when the advertising takes if if we have a meeting so advertised in person right we have a giant hum crowd it's not going to fill it's not going to finish in the first night we tell everybody hey the next meeting is going to be virtual or if if there's 30 people on the and they want to come in they can't because the fire ruls we're almost compelled to to adjourn that hearing and say look we're gonna carry this we can't fit you all in there's no television sets out there you can't hear what's going on we're gonna carry it to uh to to another meeting where it's going to be virtual or another meeting we're going to be in the bigger room down here is not then also that have well well if if if they come here initially and the notice is proper everybody knows it's here and we then say there's 200 people here we can't accommodate you we're going to not start this tonight we're going to we're going to adjourn it to March or may or and it's be online then uh probably to play it safe the appli would want to do that in case somebody missed the first go round but but that's not on us we're just trying to be cautious but uh it's certainly the link would certainly be published in the agenda which is available on the website yeah it's not like it's hidden I just I I'm just thinking of that as an option for large hearings because that's if we stay local there may be a time when when we have to do won't fit yeah yeah so so or we do virtual I mean we had the the case with the the Heritage which more than F uh we had the case with the turf field which weigh more than the church and and yeah the station got a little test yeah so as long as we have an option to switch them to Virtual we do I'm I'm okay with in person and just using that as a as an escape Val to get us out of hot water like I said I know that the the the density in the room is low I don't think there's 70 chair I don't think there's 50 chairs out there there's like 40 40 yeah so we're not going to get 70 people in this room nope okay so does somebody want to make a motion I'll make a motion to have inperson meetings and virtual if necessary as deemed by the chairperson okay that works all in favor iOS we be in person okay next item on the agenda is the meeting calendar for the remainder of the year yeah so um Denise identified two meetings on Tuesdays February 20th because the 19th President's Day and September 3rd because the 2 is Labor day other than that we are first and third Mondays first and third yeah and in July we have one meeting the third Monday voiding the July 4th week and in December we have only the first Monday avoiding the 3D month and then our reorganization meeting is Tuesday January 21st because that Monday is and I'll 20 does anybody have any issues with calendar want hear a motion I'll make a motion [Music] yes yes yes yes yes yes well I'm going to let Denise fix the resolution so that regular regular meeting we held in person or online class Zoom if we need to necessary and just as a point of clarification keeping 7:30 yes yep we're keeping 7:30 as a time and then I'll be again changing the date okay yeah we had we tried seven o'clock one year and that was a bad idea that did not work okay so that's the end of the uh reorganization topics we have draft meeting minutes from November 20th and yeah and on the 20th minutes um I think the only professional present was John Zabo not Luke yeah John was here L wasn't um and there was something else on here with Char 124 what else something else oh members present yeah um this's not yeah um is the present and absent accurate the present for the 20th because I don't remember month before Thanksgiving we ended up caning the app so just right Anthony was here I was there um so that's McDonald SL Jeff were you here think so I thought so too I was here um yeah so you were not here on the 20th okay so ler said my trainer weren't here and chick you weren't here on the 20th okay so all right that's accurate done uh let's see so draft meeting minutes okay okay so I guess it's just uh just not Lou but uh John was here okay and Carri Liberty Farm dog to 124 they want that we had to get together because of that okay so as amended I'll make a motion to approve second all in favor opposed minutes are approved um now we can get to the public hearings an hour uh Liberty Farm dogs application number 23-4 do we want to see if we get the zoom and the YouTube going before no I'm done I'm done with YouTu okay is anybody here for Liberty Farm dogs did they let you know did they know yeah they knew they asked but they they asked for postponement to this meeting you know what I thought was weird David was when I went when uh Angela went to the box to get the app you know to get stuff whatever the stuff was in there and only Bernard's AB was in there I I said the word well didn't you I told you to look for the Liberty Farm dogs because they were supposed to have like floor plans and flows of where they would start issues yeah there was nothing there okay well they what they resubmitted was but they were going to have they were going to it was going to be exhibits yeah yeah so it's it's probably only electronic Mark okay which I'm not a big fan of because they're supposed to submit paper too however no they don't um the uh but at the on for the meeting of the 16th they wanted a postponement to tonight that's right they did so I don't know why they're not here Monday well except that they their correspondence with Denise was the email that I saw was Monday the 5th yeah any difference they're not here they're not here push it or what do we do um at this point we can't we're not going to do anything and they're going to have to Reen notice they okay they have to reoti correct what the next Mee no they could Ren notice uh for the 20th no they could it's is they have 10 days no no no based on by 10 tomorrow yeah well they could notice in The Courier News too when and The Courier News has yeah they're like five days to a publication oh so it's 15 yeah they used they used to be longer than that anyway they need to figure it out okay so we're not carrying I can't carry it I can't I don't know when to carry too it's uh so they need to re notice there's there's a gap in notice yeah it is y okay so that's Liberty farm so now we have 51 bers app location 23-2 yeah well now I don't okay John's report in there Let's see we Contour is not [Music] provided soils okay so there's nothing material that you think was missing okay okay so with that um with John's comments does the board deem the application complete which starts clock um my recommendation is I think the complete and if we need anything further of course hear have right back no voice VES fine all in favored okay so application complete them okay all right your application complete Fred you can proceed chair m toce a pH are one Parker John is one of Partners of Associates lifetime res this just just to clarify is R to the raspberry situation you're saying both of these two family homes were in existence at a time when they were legal correct but subsequently they are now pursu to zoning now non-conforming corre okay and I'm assuming they've been in existence um since that time they have not been abandoned they had not all right got okay so so we just to clarify there is no zoning permit for the two H the two lots in question at this point to be two family homes not done aware of okay question asking deems appropriate I think there needs to be at D68 component to this application for both okay thank you I I understand John but there needs to be we're mucking around with property lines we're intensifying the use that needs to be a proper certificate issue that says that this is a valid two family going forward without that the future owner of the property is going to have a problem is there I was just going to ask him I'm checking that now people no he has there is a tet all in the notice that if the board directs a variance exception wer be required then um they will also seek that so they also have a use variance if there was no use variance involved and the section 68 popped up then that might be an issue but I think I think we're fine on those okay okay we need to use the projector so that Mark can see you have that look is there an electronic copy that was submitted with the application Denise do you have it is that exh this is just this is not do David I have the hard copies right in front of me in front of me okay I'll follow Stephen as he as he moves along okay great okay um with regard to this application with the testimony you're about to give shall be the truth yes I do you you state your name spell your last name for the record St Parker um know Parker has been here many times uh you're qualifying as an engineer yes and your license is still good and effect as we speak yes it is up to the board I see he's track as long as license is good he's we've interviewed many times welcome Would You Begin by describing yeah so these um again this is this is the same set of plans that the board the board this is sheet number two of the plan set that it have on the on the eil here and what this shows is what the proposed subdivision is on the left hand side it shows the two existing properties as they are right now lot six and lot seven they are each each 50 wi deep on Corner Maple Street and bar uh each one front and burns and the proposal property and that is to create a third lot in the back part of these properties so in other words um right now the uh 5 right nower so a line that 5000 we just the plan is to construct the new home on the rear property the right [Music] sheti will be conserved the new um access Ting here a look like is don't know exactly what that house look like yet but it's going to be a conforming to the set and there's nostru thereally flatter level [Music] yeah I think that's all I Mr brightley prepared a letter January 18 January 18 of his office I think the first things are generally just com number one loated is about the proposal being proposed for subdivisions um comment number three is regarding so of the B nonconformities that are existing on the property won be changing the that yes correct um comment number four on two of that letter um is a [Music] comment not that do that future plans all request no [Music] so well on Mr Bright's letter item six item seven um the storm water management as well as opening the street correct those will be it's a minor storm water project so as part of any building per application storm water management design included part of the application permit building permit will need to be approved by the engineer whoie that's number six so yes we agree with compli with that and then number seven as well in order to uh the streets were recently improved out there in order to make any cut to there that so that from them to make cut utilities water gas necessary have we done any testing to make sure that um there's nothing for the existing residences that's located in the rear of the property like like dry Wells and is there room for dry wells in this third lockage you're constructing you're proposing to construct yeah we haven't done any testing out there I can't speak to that but there is room certainly on the property in the front yard or backyard spit drive there is room for Drive orm item that don't know anticipates or exploring and do we know if the existing residences have any underground um facilities out there like a drywall for the existing resident look I do too it's that's a question needs to be asked finding it construction any other questions from other members of the board any questions from members of the audience know I have Mark did you have no sir not yet okay if you could raise your right hand please and you're up here U with regard to this application do you swear the testimony that you're about to give shall be the TRU St SP your last thing please thank you that's correct of I I grew up in yes M has been in existence ever since I grew up here [Music] thises roughly when was it was that prior to the zone change or was 71 think I'm three in the back two yes and as we are here this evening they continue to be two fames that has not what we intended to do highlighted the other hom in the neighborhood are so I can no way to put this up screen read through which this is colorized yeah yeah we're gonna have to we'll mark that our plan did take a picture you gonna bring this in under m mcis T can can I ask just a clarifi question while we take pictures where does Mar fit into this he's the owner of LA and he's got a medic so is the owner is he part of 51 there's two okay so they're making an a joint application separately to create the back okay got itau up back one the ju 150 so the proposal is to lock off the bottom 50 ft join it to the other and create or a single thing yes that was your question I already heard there were no VAR being requested for that BL sorry I thought I was but the the new blot would be so we're gonna mark this A1 and let's call it a colorized radius map that is that good can you see that Mark not yet uh P me sideways yeah yeah just look at it sideways Mark everybody here got our head tilted you see why you have to tilt your head okay let's just go with what we got botom sorry have to keep it like so we'll start with the screen is what like to do first of all just indicate to the board the homes that are highlighted in yellow on this exhibit are homes that you have personal knowledge are MTI that is correct and you have personal knowledge fact have been multi since before 197 that is correct so let's just go through them again but it shs up with then it's 150 ft deep so we uh two upstairs and one next to a shop a little and go 114 6 that's wait wait the gone from 3:00 on that on the same side of the street yes okay the only one I didn't hear clearly was Bernard's Avenue Lot 7 was that a two family as well no that's single okay thank you so you got a family then a two family going up and then a two family and a two family yeah okay gr Street that's that's and then there's another indicated [Music] also talk about the properties surrounding the subject actually [Music] but is the rear structure so we have a minimum yeah that's home that used to be there was a bir St on the bottom floor and res on top now my grandfathered that we went to oil in the I am not aware re I am not aware any DRS and on of the applicant were discovered part the new lot paring situation I get is it would it be part of the house or would it be a separate structure we no Act there's between the two lots but we really in fact and fire department issue you're not intending to build anything somebody else will build it presumably they will they need a bar will be in front of us if they don't need anything they build it if they do okay yeah um you know where the septic was for those houses the existing yeah if they were built if they were built 100 years ago yeah I am not aware of any septic Pits on the they may have had them in sometime my mother and I don't know when City sewers came to run never heard any talk about any setic systems being on no came back there was car every so you may find them later way back when it probably had a well too how many years ago how many years ago okay okay anybody else have any questions notas curse that's and we have to move it over yeah yeah I'm confused there's there's somebody that Parks a truck 10 it's not part of his this was he asked if we would allow was informed to be relocated where where is the truck te park now back six and how does and how does the existing pant get to that spot does he get off does it drive it off a maple he does [Music] gra REM correct because that's right Drive okay um so we need to talk about impervious then on the lot six on lot six is if that were to get moved and stay on existing lot six you still comply with impervious not it's to be removed okay so where is he going to park the truck that's his well so the tenant has allowed one parking place in front of the house and in the gravel in back he she'll have to his van in a different place or whatever like he did before he okay so we don't have to worry about the gravel spot it's G okay could Mr fenmore explain what's in lot five dwelling would be to the rear of the uh new proposed lot what is in that dwelling I believe he said it was a was a store and then an apartment over the top so there's a two family upstairs commercial downstairs that's what you're saying so you believe there's a family downstairs and a family upstairs I do okay so another two family okay but you have no EV to support that it isely and the other question was have have the have the applicants uh spoken to the owners the agnesi Eduardo and Alicia about what's going to happen potentially to their side yard there I've never heard from them I've never spoken with them ever about anything okay okay has everyone been properly noticed as part of the app anything else oh okay just because I asked okay regard to this application you s the testimony you're about to be St your last name please Elizabeth MC thank you it's Associates and you're LIC yes long since 15 years before this no Master Yes [Music] master yes I lot of time doing mpal planning in places including as Park Township count other a stand yes be accepted as profession plan accepted you right right folks so we you at the several vares I think the story here proposal is actually much more simple and straightforward than the list ofes suggest ultimately we G to in order to permit subdivision of our two existing two family homes in order to provide additional lot area for construction of one new single home our DC experience as we heard from this evening is as a result of case law that states that anytime you have it insisting not [Music] crer for that our second set of Varan will is aiet of variances C variances every single one of is related to the existing two structures on the property so existing seats none of which are created or exacerbated by our application and so those variances those noning conditions exist regardless of what application might before so first starting with the D2 variance this is of course use variance perit the two sing F homes on Smalls and just as a quick reminder those two small lots are in fact fully conforming they're both 5 they have L requirements the configurations are heard from from nones that have been Place well 1971 but not withstanding that existing condition the criteria that the board consider this evening is whether or not our property is suited to expansion in as well as any special reasons but one thing I want to highlight is that the court does not need to find that the variance could be permitted in the first instance in a sense that you don't need to find that two family homes could be created could be approved as if they were not there today the board should recognize their existence so in terms of the particular particular suitability I think there are handful of reasons why the board can can make those findings um so as I said at the outset first and foremost our proposed Lots the subdivided LS are conforming we have lot Etc on and so as part of that as well as the the area what this means is that there is no CH of view of these two existing homes from what I would say is the [Music] primary those two existing homes will look the same today as they do tomorrow or or next year after the subdivision and the new home the is constructed also along those same lines this is not going to result any type of Destruction to the rhythm of homes or rhythm of buildings that we see along burner Avenue it'll simply have that same RM have that same appearance today as well as in future and the other thing I want to highlight is some of the testimony that we just went through about sorry about about this where we have a variety of similar buildings in the area in that existing two in so while we're looking for expansion of that use again it has no impact on the character of this area of and so in addition to being particularly suited for this for this intensification I think Bo can also consider three purposes of land small as special reasons the first is purpose e which is to promote the establishers appropriate population densities and concentration that will contribute tooling person neighborhoods communities and regions and preservation of the environment also purpose G which is to provide sufficient space and appropriate locations for a variety of uses including residential according to their respected environmental requirements in order to meet the needs of all citizens and then purpose n which is to encourage coordination of the various public and private procedures and activity shading Land Development with aew lesson [Music] for proposal is consistent with character of the area but also the G and concentration of population in this area and I say that because uh again this add is do we need break for you jack do we need to take a break for you okay take yeah let's take 10 minute break thank you okay all right thank you we still have Mark we still have Mark I see him I hear him thank you okay so we just the last five seconds purp to provide andate locations foral other uses according to respective environmental requirements in purpose and to coordinate excuse me encourage coordination of public and private procedures to lessen the cost of development for more efficient each of these three purposes are to the to the proposal that we have this evening uh starting with uh again we are not proposing to disrupt character or the concentration of ority population in the with simply the addition of the new single or through the subdivision of the two existing single and one of the things that we heard from exhibit A1 is let me just put some numbers to this exibit we have excuse me you said subdivision existing single family home I'm sorry I'm in the two family homes okay the two um did1 we have 10s that are highlighted as being two or more those 10 represent are 10 of the 35 properties that arein 200 circle on this property that means that approximately 29% of the Lots within our 200t range are in fact two or more family GRS and I think that's important for considering that we are continuing with appropriate density concentration space Etc but in addition to that very immediate residential character I also want the ways that these purposes are Advanced we think about the larger so this property is approximately half mile from walking distance down and so add population another household within easy and walking biking distance downtown frankly enough to mention the uh commercial uses that are adjacent to the property as well but I think more importantly the downtown of Bernville and so we're going to be adding a little bit of additional economic support sometimes folks refer to that as walking wallet sort of a fun way to think back additional folks with discretion cash to help support to downtown along those lines we also adding another household bit of additional population with walking station only municipality but also in state and that is households that walk and to train stations as well as that to downtowns all the all this resulting in of course a little bit of additional support for your downtown and also for reduced vehicle miles travel or reduced driving as folks can get to places on foot on bike and also using that train uh the train staff here in town additionally I want to highlight that there are no environmental constraints on the prop we have uh committed to complying with the items in your engineer letter to provide the uh storm water management permit management permit manag review that would be condition of any approval that the grant want to highlight that we below the maximum on these prop we're subject to a 17% proposal excuse me 17% maximum we are proposing 9% with the new loss and approximately 13 and 15% respectively for the two L the two existing two family homes and so in each of these cases were well your maxious cover uh suggesting that there's no substantial environmental impact as well as being consistent with the environmental requirements for the site and of course all of these reasons I think also support the efficiency of land use essentially being able to accomm uh additional developments through the subdivision in a place that's consist character density concentration populations and the ability to do so in such close proximity to your down as well as train station and again be able to do all of them while me management well cover requirements as well as provide parking for the two be the new home located Pur reasons I think satisfying purp through the the D VAR application before I get Negative criteria I want to take a moment to address the C variances that are necessary as I said at the beginning there are a variety of C variances that we these are C1 Vari and I say that because uh these are all existing conditions based on existing setbacks of the structures that are not created or exacerbated by propos subdivision so for example there's no rear yard varies there's no impervious coveries that we're seeking and then for for the sake of the record let me let me run through what these are so I'm going to start with uh let me start with lot 6.02 that is the lot there are no lot 6.01 which is cor lot there are there is aers yard set back longle we have 3.6 ft compared to the 15 ft that is required we also have side yard setback variances uh one side yard is required a minimum 7 ft we have 3.5 ft the total side yards will require to be 14 ft again we have 3.5t we also require Rel for accessory structures uh one side yard is at 4.8 ft versus a 7 required and then we have accessory structured distance principal building we have 5.9 compared to 10 ft that is requir we have another three variant for lot seven which is the the other two interior lot if you will we require from the front y burners 14 compared to the 30 that is required and then again we have side vares with one side6 feet compared to the seven feet that is required and the total 7.4 ft compared to the 14 ft that is required and so so it's it's not Varian again all as I said I think that each of these being justified under the C1 variance criteria is uh it is those existing structures it is the existing lot that are the physical features on property that are creating the and I I do want to that there's no open space that we might be able to pull from say an adjacent lot that would Rectify anyone or even all of those variances and so uh for those reasons I do think that the board can find that there's hardship for these existing nonform condition last even is for cover both D Varian as well as the C variances thought I would combine and start with the Zone plan there's El that I policies for this application I do see in your 2017 examination report there were goals that been reaffirmed from your 2000 master plan and are two of those that I think are supportive of the appliation firster of prot consistent or supported by our application because the sub subdivision which Tim facilitates single family home is consistent with is also consistent with the concentration on the pattern of development that we see within this larger area and so we're we're preserving this existing character of the community despite the fact that we're having one additional law I also wanted to highlight some of the policies set forth in their 2020 examination report now that document is principally concerned with making changes to your downtown zoning districts in order to really Revitalize and promote the downtown and so while our property and our is is not is not subject to that reexamination report and the zone changes I still think that the policy here the policy there in that document is supportive of the general concept of what we're doing which is to uh me say that some of the uh the policies in there are to promote the downtown as the commercial Civic Center of Burnville to create a pedestrian friendly atmosphere in downtown and then it goes on state that the current Z tools to address emerging issues facings downtown commercial districts that the downtown had a distinct disadvantage to current market TRS and contribute to the down as evid by and I wanted tolight that because even we're proposing just just one additional household it's it's going to be part of that effort having more walking wall having more population density that can easily quickly get your downtown as a side note again to be able to do so actually on foot or on bicycle rather than getting your car and so while 202 now it's not it's not addressing this area of town I do think that the additional density of even just one unit is helpful in promoting your downtown and helping add folks that are going to to business downtown and help promote your commercial there and so for for the reasons I CED your 27 2017 re exam I think we support your purposes handle the purposes of your master plan and I think we're also generally supportive of what your 2020 reexamination rep was trying to achieve and so for those reasons I think the board can find that there's no substantial detriment to the Zone plan because as I said there are actually parts of your master plan that we Reg and then the last piece the negative criteria is of course whether there's any substantial detriment to the public good and I would offer that I don't see any detriment as a result of the much us any substantial detriment and I say that because again the addition of this one new single family house the new house is use is flying the intensification of that two family home will not result in any visible distance difference to the primary Frontage which is burner will not disrupt the rhym of the street the buildings along the street also will disrupt the population and concentration of homes that we see in this General neighborhood in addition to that we're going to mitigate any potential environmental impact through compliance with the St water management rules as well as staying well under your maximum privious cover and then the last thing I want to highlight is I think that this natural addition to and I say that in part because we have sizes in each of the three cases but also as you look at the as you look at exhibit A1 in fact you can even see that the ls in this area are not the that you to see in sub it's much more of uh organic uh an organic composition and I think that our new law our subdivision will really fit very well within this this overall character see this area so that your professional opinion as a planet we rush on Section 68 sorry I just wanted to get on the record whether based on what you heard that that um what's been going on there since 1971 fits in and complies with the section 61 criteria in terms of consistent use no abandonment uh it's been there for something yeah abely evening I feel comfortable and I would that proper just family homes she anyone to would you also that theform could be subsumed under yes uh I believe I've seen that situation sever applications that participated in profession so you testified to the 17 and 19% impervious coverages on the two locks did you do those calculations no I was uh Mr Parker didn't testify no appreciate that ination at the bottom of of% [Music] even with new size yes you agree Bob yeser it's the amount of coverage that's in the front yard am okay the amount of the allowable it's not the amount of the coverage it's the amount of the allowable under1 okay but there the int the reduction in size of the lot does not uh it's not going to push them over the amount of allowable impervious after the lot size reduction they will still comply with the impervious coverage okay okay thank you um the other thing that you testified to was a 15ot setback on Maple Avenue for lot 601 are you sure about that number that's what you said I believe why do you think it's 15 ft not 35 yeah I believe that's there's a because it's a corner that okay okay and I heard believe I heard testimony about parking that was formerly between the two houses that the fire department didn't like is there well my my question really is related to the impervious that's there because it's been driven on I I would say no it's not because I don't think count paring between the houses between 6 and S it's not shown on the plans okay I agree you can't have a driveway there but it says Park therefore it is imperious they got a car in there the that it was used as a as a parking area when our survey crew was out there we call parking area I mean it's would have done that but I it's beening like here to our guys last chairman if the board is concerned with that issue we have no problem a condition that I've always said we always conception comply with the law so we're going to stay within the C requirements if somehow that maintained as a gravel area would that we would as a conditions to remove it replace well if the fire company doesn't want any parking there I would suggest you probably want to take the gravel out of there if it's there and make it perious again um and a fence what about segregating the re yards is there going to be anything back there in the back of the two existing lots to separate them from the new third lot youen proposed something like that because you're intensifying the use yeah you have young kids in in the rentals now mean they they think they have a good backyard you talk before new homes built while just area at some point there's a thir house that's going to be there you plan on just having a large shared backyard it's would you technically okay just asking him a question U um okay anybody else have any questions will there be any restrictions put on the on the uh reconfigured lot 6.01 with regards to not allowing any driveways coming in from Maple Street oh GNA move that gravel lot I know he's going to move that gravel lot and all that but I'm saying if will the backyard let's just just an example will it be just grass and in the future let's say two years from now when there might be a separate tenant in there they just decide to start parking in there so in other words could there be some because it's done now it was done as a convenience or favor for the tenant could there be something in there preventing down the road who's going to be policing this that no one could be actually parking in that backyard because you are right there on Maple Street I'm not worried about lot seven because you can't get to it but lot 601 I am the reason issue will be bying officer I haven't heard any indication from any of your professionals or anyone else that having a driveway in sou is V anything but if it were again officer would have the authority to stop to that I was just looking into the future that where something naturally morphed into a need especially you have a two family house with only restricted one car per family it naturally made itself into it like we didn't do it the need presented itself because of the convenience coming from Maple that's my concern um who's going to be policing that backyard that it stays long as opposed to making it another parking space uh the board wishes to oppose a position that space not created that can certainly be a condition of approval be enfor by your enforcement okay thank you for that no it's the back it's basically mov Gra Mr penmore I do have one question for you is there any hard evidence that we can put on the record um for the fact that these two families have existed prior to 197 start former Zing offici inds testimony bations person obervations deler [Music] so is this uh situation with your mother signing an affidavit is this where um Jeff Price was sing out letters okay and it was easy for us actually when he saw two back doors Two B he was satisfied with everything else and did he do the same thing for the property next door as well I believe he did yeah okay all right I just want to make sure if we granted D68 because we have evidence on the record for that that's all yeah I just small neighbor not [Music] so a couple things part of my testimony is about the presence of character really the mix of one two and to to lesser family there's poti one two and so we are not at character from that perspective of having this mix of resales from the uh the the question about the area are that are I highlight are West also corner of corner from us on and the inter and there's a property that is to the north mine Avenue and as I look at these properties I would say that they are uh they appear they're not as being7 Acres furthermore the bottom lines on this map don't appear to be generally dissimilar to our proposed excuse me well our proposed as well as our existing L and though I appreciate your your point about some of the some of the differences in lot uh in this neighborhood uh I do think that the testimony stands in the sense that the rhythm of lots in the sense that these two homes as while lot areas will go down size subdivided wi and their perceived size from was the what I view as the primary contage on burners Avenue will not change as result of their say the scale of the building will not change ter to the okay any other questions in least so any uh issue with conditions um on no parking off Maple 601 as a condition of the variance up well I think that we do get a saying it because already they reducing the size of the yard and you put parking in there yard becomes non-existent and that that that would be an intensification for a family home if kids are in there they go play space and the plan in the street there's a lot of houses where area a lot than I think I don't think you're yeah see yeah yeah I get it but I wouldn't my personal opinion I wouldn't want to see the career yard go away I I think that's the wrong thing to do when you're intensifying the non-conformance we want to see the yard go away we like our I just find it's a way of to to relieve the Temptation and I don't think it's a big ass especially when you took 25 30% of the rear yard to put another structure there to at least assure that the backyards of seven and 601 at least stay green and an area for kids if there are kids to play safely now I don't think it's a big ask because you know that because it's done currently so you know in the future that could be Temptation on Maple Street to park in that backyard yeah in this way instead of just saying no because they're they're a mean landlord they can say no because the town said down so is there any issue with that as a conditions just confirmed okay all right at this point what have you heard for anything I had U some of the conditions that I had in addition to what we discussing our normal conditions Reliance on the reports confirming or conforming with the requirements and suggestions of the reports uh there's any underground act Str structures on proposed new lot that would be taken care of as part of the environmental know if needed no street parking for the new lot park on the property um I think we have one I may need some clarification the there was a a truck bark in between the two turn houses that's going to be removed and for place with perious yeah there's no parking between the houses if there's if there's any structural stuff there gravel whatever get rid got it and uh about um I guess the best way to phrase it would be that there's no Park there's no parking off of Maple Street for the L correct is that no it's one 6.01 would not have a driveway on Maple Street okay so we're already saying the new lot is 6.02 and then grael out between the houses okay I had that before that's what I had in addition to when I graft the resolution I'll forward it the above and comments so we're okay use the right Lang okay any other comments any deliberation by the board five votes would be required because of the use only have I didn't see your face we got we got a chart up on the screen uh whoever and we Grant the D68 and we Grant the D68 pre-existing nonconform build a new house build a new house okay yes yes yes yes yes yes everybody okay thank you thank you stop with the can okay have bills to want so we have West [Music] okay so I got two different Bill lists here did yeah probably they're both dated 116 um no I've got one printed landscape and one printed forit um and the one thing I noticed was the bill for um for johnville Burg from a went from 640 to 960 that could be I yeah one I printed from the first one and one one I printed from the 15 16th want from today okay it say6 okay is the total 435 yes okay and that's made a motion to approve it is I'm not ding that you have I'm not that's all number 4638 yeah it was 960 the first one was typo yeah so I've got the right amount but I obviously printed this before and then there was a correction online to changeed the date yes that's all okay I'll second yes yes roll call please yes yes yes yes yes Mr yes thank you bot of pile I I okay what I do I think we're done with the agenda now y we have upcoming applications is there anything that you have scheduled for the second week meeting in February but they said that they they they want to make some revisions okay [Music] that would be scary um very so let's reach out to Liberty Farm dogs and see if they can notice for if they want to Tuesday Monday i' like Maxim the issues are um basically technical they needed to follow up with the Board of Health Y and they needed to do something with fense on one of the property line because the that they were kind of when using as act neighbor sense yeah they need to do something with that yeah both the rear and the side were not on their property Oh I thought it was just the side and we want to see the floor plans to yeah those were so those were the issues that they were dealing with I got to believe that they should be most it was the health department that was causing a delay in January m yeah yeah so please reach out to them let them know they need to re notice because we got a Breakin notice and um over in same neighborhood the corner of Liberty and gar baly they've been for years yeah they've been doing it for a while no's complain neighb the compe yeah they finally found out that they needed to get a variance buiness yeah so see if we can get them on to the 20th and uh no you have to listen to the tap from the first hearing then you're then you're good if it's in your name yes okay yeah then you should have got the noce if you if you were in the 200 foot how far are you from them you don't use house if you didn't get a notice you're clean okay yes my predecessor had explained that to me and he suggest that I reach out to the attorney I did I mean it is it is a historical property no well over a year so I was just wondering if we want to dismiss it without prejudice or just keep it there's no on it it's not complete as long as the board doesn't deem it complete there's no clock running on it well no clean out on their shelf so they said look we're g dismiss it you want to come back write a letter I'm G give you a date notice it's just I I don't personally I don't think we need to do that other applications like that we got enough we got enough work in front of us yeah okay anything else from anybody and I want to also thank all right and I also want to thank you Mr chairman and also Denise for allowing me to do this on Zoom okay we got a motion from all in favor I