##VIDEO ID:O8ayVFYqmLA## set that's call Bradley Beach L board meeting for October 17th R United States America One Nation God indivisible withy And Justice For All 48 hour notice required under the open public meetings act be met as no as this meeting is emailed on January 23rd 2024 and published in the squ the postar and the poster a copy has been placed on the Bing board in the borrow office and a copy has been filed with the borrow CL mayor Fox here Miss Hernandez here uh Council Mahoney okay um Mr Marco pres chair mayor here uh Mr Mayor here um Mr shook is excused this evening um Miss Riley a here miss s here miss Bernell here miss Boco here Mr seith and Miss re thank you I'm also present this evening Mark hit our board attorney Gerald our board engineer and Christine Bell our board do you want to talk about the re Arrangement first before we get started uh sure after discussion by the board like just rearrange the order of tonight's agenda um there two number a letter a and letter C like just move up forward they're fairly straightforward I get those out the way quick and use that's one's the use variant so you have you have to need you back though for the other two I'm just going to be w so we'll do that one first do your faience first uh which is the uh Luv 249 then we'll do 07 08 uh just before we start uh just a couple how we run these meetings Please be aware that the meeting is recorded for transmit transcription the public is asked not to interrupt comment in any way disruptive presentation the meeting in general once lus board opens an application the applicant or attorney will make their presentations Witnesses and our professional members of the board will ask questions cross-examine each witness of the applicant as needed members of the audience will be able to ask questions of the applicant and Witnesses based only upon the testimony given at the end of each witness's presentation at this time no comments testimony and evidence from the public will be accepted the board may call its own Witnesses and present its own evidence once the application has concluded their pres once the applicant I'm sorry has concluded their presentation the board opens to the public with public comments the public is welcome to comment present evidence and testimony regarding the application each person must be sworn in on the oath and is limited to 5 minutes if if desired the applicant may cross or examine you based upon your comments or testimony more than one hearing is needed to complete an application of car to date no new application will start at the 9 30 unless the board app can agree that conclude in a timely manner otherwise it be Carri the board reserves final decision board will also journ at a reasonable hour and ra will witness the call right Tes after 10 p.m. thank you that's fine we missing an IT my it guys out tonight sorry sorry uh we have no correspondence this evening uh the uh approval and Adoption of the meeting minutes from the regular meeting of September 19th 2024 motion for acceptance second okay Mr Mayor yes M Hernandez yes uh M ber yes and chair mayor yes thank [Music] you okay um there are no resolutions to be memorialized so the first application under consideration this evening is L 2409 it's a use variant to administer permanent makeup Services you have to oh sorry other two stay nearby just stay nearby I will stay nearby okay thank um marked with beauty LLC block 45 L 2 705 brenley Avenue the applicant seeking use variants released to administer permanent makeup services within the existing cosmetic facility with no site changes being proposed at this time the applicants represented by Mark shinberg Mr kri you rre the notice yes no I reviewed the notice everything is in order and the board can accept the thank good evening ladies and gentlemen here Mark Steinberg on beh of the applicant TW who is sitting with me right here okay um basically this is an application of for what we call it I call it technical use variants um Miss is going to advise you as to what she does um and we feel that do not fall within the category of a had two power that's why she was denied her zon approval I do have only her and I have one other witness I have a professional planner Alison gin who will testify and advise to you as to why this type of use really wasn't contemplated when the zoning ordinance was so uh we'll swear everybody in can come forward along M and and Mr fra if you raise your right hand please do you swear from to tell the truth the whole truth and not the truth thank you Megan can you can you tell us right now you have two businesses in Bradley Beach yes what give me the older first uh lash and boutique and that is located where on an insurance and how long have you been in that business seven years what do you do there extensions and brow shaping waxing and you have opened up another facility at the subject property which is 75 aage and you rent the space there and right now you do the same thing that you do in your other Studio we just do Walkin like brow appointments similar to that but we're looking so what you want to do is actually change the use yes and what do you want to do there makeup can you explain to the board what permanent makeup is it's a form of doing like hair stres into a brow um so when we have clients that come into our other location that don't have a lot of brow hairs they ask like what can you do to help me to have more hair and really doing permanent makeup is a style of like adding the look of having more hair onto your eyebrows um and you use a pigment use a pigment yeah pigment is administered with a medically sealed yes like a one time use sealed needle and in addition to that you sometimes do um Permanent eyeliner lash enhancement and lip blushing and you do lip blushing and you may get into um I don't we're tattooing but to to enhance um the woman's arola who has had breast cancer and part of her reconstruction would involve reconstructing her well basically making it look as as as if it should look more natural those were the only four things that you would do in the studio there is a like hair line for men also it's like dotted hair um that helps with like Haine receding and stuff like that it's very now you got to start over it is a very natural approach to you know helping someone enhance someone's love you do not do any body painting no body no no body art no body art no tattoo now there's a difference between the inks or the the type of uh chemical used uh permanent makeup is used with a pigment there's Metals in the pigment so you can do MRIs you can do everything normal with tattoos you actually I don't think you're allowed to do MRIs because of the heavy metals inside them so it's really not using tattoo in tattoo style and this pH and it pH semi semi and pH yes now do you need to special license for this yes type of license so there's a state of Cosmetology license that you have to have and you for further licensing which is Board of Health because there is blood for pathogens within it um so there is additional licensing to be able to perform and are you subject any inspections yes by the help help help with it's there um what do you do with the one time needle if I can call it that dispose of it and get it picked up by a company just like a doctor's off doctor's officer would take needles and and and dis MH um and why can't you do this at your location on Main Street in New Jersey it's not allowed to be in the same facility as any other beauty stuff because it's bloodborne in New Jersey it's supposed to be two different suits I guess so other states do allow it where you could just make it easy but we we aren't allowed yes now the facility that you lease um how many there's a question of how many I think they're bed sort of a bed or a chair in order to do these in Beauty we would just have two BS one one of the one of the pl shows two and one of the other shows three but so we used to have three beds with lash and BR tee used to be in this spot we moved to Main Street in May so that may be showing that we used to have three beds now there's two beds two beds and is there aen privacy there isn't there um it called when one person's on a bed we clean that up and then we go to the next bed so we kind of stagger the appointments that that gets it to which surpris me when you discuss this for a full eyebrow treatment it takes up to three hours two to three hours depending on how big how much into so on a given day how many number one are you going to have any walking no so everything will be by appointment only and uh how many employees two and on a given day then what do you anticipate being the number of customers you can serve at maximum okay um and what are your hours of operations between andtime Saturday and there's no bull of parking is on the street yes and as I said you use this facility before for a similar eyebrow situation but not easily and you have a customer base Yeah we actually have a waiting list for people that are looking forward to this opening up we actually we started it about a month ago and I actually I had there is a of people waiting to do like this planner has some questions make sure all the answers so I guess um can ask yeah you said that um you'll have two employees is that like a office manager receptionist and the person doing it or is it two technicians um two technicians that do it um they would also be checking the clients out so it's just two employees and um the beds aren't occupied at the same time or is there ever some overlap they wouldn't there might be some overlap at some points like one one person lays down the other one's being cleaning but for the most part they aren't for the arola treatment we would close the shop down and have one person at a time those would be like special appointments all appointments will be by by appoint by all services will be by appointment only right so you can beol that there's no choice because they take so long the appointments and the you know you can only take what we can take so there's no and facility can't be expanded physically occupied on either side by other tenants at this point I don't have any other questions my Cent the board does we' referred out for many years like as long as lash and brows been open I've for seven years have been recommending our clients to go out of town um which is why I started to decide that why am I not doing it myself for these clients um so that's why I think it would be good to bring it to graby beach I feel like it's a good thing instead of referring out we have submitted some pictures of before situation those are eyebrows up there I do have pictures here of lip blushing so we're here because it's not classified inance well it was determined to be closer to a quotequote tattoo problem but we we will not be doing any no same technique in a sense of using a needle applying simar applying pigments but pigments are different but the the application process is somewhat similar well the tattoo gun is a permanent gun that no and I I also would think when your ordin was posibly created there was a stigma with tattoos the tattoo shop and and long we approve but we're not even asking for that we're just asking for the makeup the permanent makeup that she described here and possible enhancement for women that breast cancer so it has this waste biological waste that's all taken care of again know the the needles well they kind ofic guards you just like have a Sharps container you put them in how often are is the medical was picked up it's really if it's empty they're not going to come but it's usually like by monly or however many times I call them they would come pick it up what about biological ways such as you know tissu set from blood you got generate blood where does that go in a container that they would be picking up yeah once a month well she said bu monthly okay but but I thought I thought I also thought I heard month but it she said by monthly which is every two weeks but uh if you're is that standard practice in your in your industry in your business standard practice standard practice as far as uh getting rid of was for that for permanent makeup yes just because it is a blood bur pathogen thing but the Board of Health would come in make sure everything is the way it is before I'm even able to continue and if you were active and had a lot of clientele then you maybe call more often for that b when whatever that container just gets filled you call done we do I'm not really I hope it's a lot I hope it's once a month it's every week we'll take it all if you call they generally come within how many hours next day I'm I'm actually not sure I've really never called before this is my first time opening this type of thing but I have someone that's working for me that's been doing it for 15 years so question from the board no i' like opens for the application off for questions to the see I say Alison is a professional player she's probably appear before this several occasions so I get off for her as an expert in the field I'm still licensed that's a that's a relief last but I I did not tear my license up Allison you've heard the testimony and you know what type of operation that this is going to be can you advise the board why in your opinion this really doesn't fit into the parameters of the no tattoo PS it's absolutely not a tattoo par it's under a different license it's similar but there's a tattoo license and then the perent makeup licenses it's different enough that I don't think it falls under the prohibited carway use um the site's located in the gbw general business Zone West and that zone does permit similar uses to what the applicant's proposing at like salons and beauty shops uh but since permanent makeup is not specifically listed we're here requesting a D1 variance to allow this use uh there's no bolt variances because there's no changes to the property that's being proposed it's my opinion that special reasons do exist for the granting of the requested use and it can be granted without detriment to the health safety and general welfare of the public the proposed use advances the purposes of the municipal land use law in that this site is particularly suited to the use at this time your ordinance does not address the proposed use in specific terms either by permitting it in an appropriate zone or by prohibiting it because it is an unusual use uh permanent Cosmetics are in my experience not generally anticipated in zoning ordinances uh specific or general terms but it is also significantly different from tattoo parls the use operates more like a permitted beauty shop use it's by appointment only the hours are similar to a beauty shop parking and traffic is similar the licensing is is much more similar and therefore it's my opinion as a planner that this is best located in zones which were intended to accommodate personal service uses like a beauty shop the subject site is located in such a Zone and it is already developed use commercial building that contained a beauty shop the Lash and brow and this location is therefore ideal to locating the proposed use which is very similar to the prior occupant of the space it's my opinion that there's no detriment to the use variance that's proposed the impacts of the use are identical to permitted uses the parking and traffic demand is similar the use is quiet the use doesn't generate any significant amount of trash uh the hours are consistent with normal business hours for this type of Zone and the use requires no physical or athetic ch to the site so it's my opinion that there's no detriment that would result from this variant and lastly when we're looking at a use variance we reconcile it with your master plan and development ordinance this use is simply not anticipated in your zoning ordinance or master plan but it's so similar to permitted uses that this is an appropriate place to have it as it's similar in impact and operations permitted uses and there's no detriment that results from having this use of this location it's my opinion that the board would be justified in granting the requested you can I can I have no questions this portion of the application up to the public questions to the plan see CL and open it up yeah Mr Mr that's our case I can sum up why no you've heard the the reasons you've heard the testimony U we think it's an appropriate use and it's certainly not detrimental and it will fit right into the name opens portion of the application up to a public a public comment seeing on the Clos um it's really not it's in a sense en products make a motion for approval as presented second uh Mr Mayor yes I approve M AR yes I approve um M herandez yes Miss Riley yes Mr Marco yes um Miss ber yes good luck and chair mayor yes good luck thank you [Music] mind um the you just let her know come back she she came and she left because she was here yeah I think she on our way we don't need num and we got to get a in and everything anyway okay the yeah she said uh next application under consideration Luv 247 V forces for side Ro setback for a proposed second floor addition um orlet mat block 18 Lot 19 512 Park Place avenue apposing a second floor Edition over first floor at the re of the existing um I'll just note for the record that mayor Fox and Council money [Music] haveed I was able to review the notice and publication everything is an order the board can accept your and we have two witnesses um theant so if you need raise your right hand please along with our two professionals from the yes is the applicant and I not an attorney so we'll let her start if that's appropriate um my name is arlet Matt I have lived in Bradley Beach for five years over years years um I purchased and have lived at 512 Parkplace Avenue for um over a year now while our Cottage By the Sea is charming um it doesn't provide enough space including a much needed second floor bathroom for uh me my three sons one of which is here uh two wives and one and a qu of grandchildren um I have um I have gotten the assistance of Mary her to make our home more accommodating and attractive and that is why I'm here today I can introduce Mary to you don't have any questions for me do you need me toif accept when I do you'll all know just just give a gist of what so the home is on the north side of the street just uh east of Hammond it is on a very small Lot 25 ft wide by 90 ft deep therefore we are 2,250 Square ft of lot in the R1 zone so we're significantly under sized we're significantly Arrow there exists a twostory home on the property and the back portion significant back portion of the home is one story we would like to add an addition over that one story portion of the home only not change the footprint the challenge is the house doesn't sit centered on the lot it is 6.5 ft off of the Westerly property line but only 2.3 ft off the Easter side property so we're here tonight seeking a side yard setback variance um when we first met the ordinance allowed for 2.5 ft of required setback and we are shy of that but now your ordinance requires 4 minimum for a sidey yard setback so we are here seeking 20 and a half inches of variance if um if the board can see to that there are a lot of pre-existing nonconformities on the lot and the and the structure itself they're listed in my chart we're under sized on area width and depth through the lot we are um non-conforming in our front setb to the house and to the porch we are non-conforming in terms of parking we have no parking and we are nonconforming and I did not check the box on that easterly side at 2.3 um if approved we would not be making it worse we would be at the 2.3 I can walk you very quickly through the plans the existing um plans are on the second sheet I have existing alongside proposed on the right side of sheet number two there's um the existing first floor plan living room dining room kitchen the living room right now is open to the dining room but the kitchen is closed off for uh from the rest of the house we'd like to open that up we'd like to steal some room from the existing only bathroom in the house right now to enlarge the kitchen slightly and make the kitchen much more functional and marry it better to the rest of the first floor the stair would remain the dining room living room covered porch would remain but the kitchen would be improved and theath would be reduced in size but it would still be a full bath um there's a washer dryer very tight mud room we just like to tuck that in a closet and keep a back door and a front door and no changes to amenities on that level then upstairs if you look to the left on the same sheet you can see that the second floor does not go all the way to the rear of the home now and if Pro we'd like to add to the rear of the home and convert what is now the rear bedroom into a study and cut a hallway through it to a new bedroom and pull back on the second floor so that those that are sleeping in the house don't have to go downstairs to use bathroom um that back bedroom would be your room because it would be the biggest and and off two small closets um the front two bedrooms would not change uh we would like to improve the closet for the one bedroom by if you can see the the closets are so tiny you can't fit a hanger sideways some we' like to take the middle wall out and then improve the one closet um and then have a stud so that U work can happen from home if wanted so um we feel we're keeping it quite modest if you switch to the next page quickly the roof line again if approved would just carry straight back it's a very simple Sor over there um just a simple Gable east to west and continue that back on the left side of the elevation sheet you see how the roof line is now at the rear of the home and we would just carry the Gable back the height now is 26' 8 I apologize 26' 8 in tall and done worse and that would be the same for the addition if approved and that's compliant in terms of height um so it's a very simple application the house right now is 11 Square ft gross liable if approved we'd be at uh 1,386 ft we would be adding 286 Square ft of liable area to pick up in essence a study and a full bath on the second floor and and then at the same time improve the kitchen um on the first floor um the property you have the photos don't know's in charge sorry property that's most affected on the west side on the east side their home sits fairly close to our property line and if you can see the aerial I don't know if yeah that's perfect their home actually jogs away from our shared property line as it goes back and if we're approved you can see the addition would sit over that one story portion and the entirety of the addition would actually be rearward of where that neighbor bumps off of the line which we think is very good for us and for the neighbor that property happens to be wider than ours and I'm not saying they're going to knock it down but if they ever did they would have the opportunity to move the house a little further off their line and if they were to keep it and renovate or add they would be required a certain distance to their addition off of the line so we think that helps the ask somewhat um it is tight if approved we hope to reside and refinish the outside so there'd be some benefit to the neighborhood in that um the houses looked similar on that side we wouldn't be changing the front book at all um but we would be uh building up only over the rear um I have a lot of respect for the new ordinance as an architect 4T is much better than two feet or whatever your percentage allowed before for two main reasons fire uh separation between homes and egress and Ingress around the house for anyone that in an emergency meets that space if we're allowed to do this we wouldn't be creating that problem that Pro that challenge already is there if approved anything that we add we would have to fire rate and we don't have no windows planned in our addition per the building code those are requirements of the building code so what we add would not make that condition any worse but it is too close to the property line so we are here seeking that again um I'm not a planner I'm not a license planner but we often talk about air and light and if we were held to 4 ft off the property line um there would be slightly more air and light but again we're here asking for 202 in I think that's uh can be considered to Minimus in the amount of air in Lake that we could be blocking to that neighbor and that's pretty much it in the N shell did you tell us about there's no basement there's no basement you tell us about the foundation the foundation is fine and that it can support the addition we will be um checking it we've only checked it in two places so there's a chance that it may need some uh extra support as we're building but the majority of it and everything that we've looked at is substantial is the cross space accessible from inside the house yes where where is that did I maybe didn't include a foundation it's from oh not I'm sorry not from inside the house from an access panel from the windows on the outside yeah okay y I apologize no that's F yeah and uh add can that be used for storage yeah you use that for storage now right your attic absolutely yeah you you have a pull downstairs and that showns here on a second FL yeah and we would continue that although over the master bedroom we were hoping to Cathedral the ceiling just because every room still will be small in this house so we would have stor added storage over the bathroom portion and the hallway but then at the back we we're hoping to do a cathedral ceiling over master and good I Thomas see there um as far as storm water can we collect least the front gutters into dryw pop up there I don't have room for a dryw on the front I don't have any clearance for a dryw can get to near the curve I can I only have approximately 9 ft of property FR can we put per pipe in the TR sure okay yeah so yeah we can work at something and we can get to the front of the house we can't get the whole house because we don't want to put it in the backyard with no way for it I think we can get the front they not adding any building coverage or purp coverage that would be go forward that's questions from the board the application public questions to see Clos open public comment again I'm not an attorney but that's what we have to put on the record tonight this is a pretty straightforward they could all summarize like that pretty good work yeah yeah it is what it is these properties are what they are if you're not you're not expanding any way shape form footprint F prop Remains the Same setback no there's no impact no setep back and you try to over but makes makes no sense we actually considered it and the way it would realign kills the rooms it's just so small silly it just it's you know trying to prove a point and I don't think we need to do that I would make a motion to approve the application as it is with the stipulations that the per pipe and Tren put grain on the front fronts and also that the side the outside of the house would be resided um offer you offered that is there anything else I second very good Mr Mayor yes I appr miss s yes M Hernandez yes Miss Riley yes Mr Marco yes uh Council M yes mayor Fox yes um ber yes enjoy your bathroom chair mayor yes very good congratulations thank you [Music] my I doubt ready next all right the next application under consideration this evening is l248 12 is for the proposed demolition of the existing dwelling and construction of a new two storage line Jin pong uh Block 17 10 401 nework Avenue applicant proposing to remove the existing Bing and construing require urces for building coverage front yard set back side yard set back reor to back Building height driveway width driveway distance from the intersection and for pre-existing nonconformities relative to lot Sid applicant is represented by Thomas J Esquire I just want to note for the record that uh Miss Hernandez had to um ruce herself as she lives within 200 ft of the pro she and she's not participating as a no okay y good evening Thomas J H representing the applicant indicated Mr H I've had the opportunity to riew the notice and publication everything's in order thank Mr um I don't normally make very ly opening statements oh Tom I feel like every time you come here it's a little bit of a [Music] roast you know how I operate I think in in this case i' like to just make a few points uh because these undiz life cases are very difficult uh the uh nature of the houses you know we always up to debate too big too small whatever uh so essentially what we have here is a young couple that piece of property in family for many many decades and now want to build a home and make res uh they're looking for a home sufficient for themselves and uh mother and uh I can tell you there's been tremendous amount of time put in on the design of the house on a landscape plan which I think one of the most aggressive plans you see especially for an Underside which you don't normally get in these cases try to beauy the not the uh the house that exists there as our testimony will point out is the one house that is most inconsistent in character in massing an entire neigh uh so the house that's proposed is We Believe from a zoning perspective much more in keeping with the character of the neighborhood and the massing of the neighborhood in terms of size two stories typical of the nature of these homes uh so the home itself We Believe definitely in character and size scope it's a cornal lot which helps offset some of the issues about set because obviously hes in both sides we have streets and you're dealing with two other properties you think when you hear the testimony you'll see that uh even though we have some setback variances which are Not Unusual on these undersized Lots we not creating any detriment l a substantial detriment to the other property um and I think that's really what have to be focused on what is the substantial detriment uh have we met our bird show we're not creating one uh in terms of the uh Aesthetics inside except for the home so we have our uh we have three Witnesses U four guing under K is here as an engineer and planner uh we will first have and testify some engineering comments then we'll bring them back at the end of the application as a plan after all the other evidence uh we have representative from the home and the homeowner uh and U also our architect uh as I've indicated previously by the architect plans are prepared by a architect license state of New Jersey although the firm is located in New York and the testifying architect will qualify uh is not licensed in New Jersey but qualified as an expert T plans himself he worked on the really plans he's a qualified plans are appr seal Jersey architect so uh we have a nice overview of the neighborhood that I think is very important in considering the ATT from this home in the variance as we SEL so having said all that um and we think there's many things in this Z this lot does meet part of the coverage by the way having a garage having onsight parking how well you hear no parking U so that that's a big consideration and why there is a little more coverage uh related related to that so having said that I'd like to First Call u u to uh give some background in history the property our architect and and your plan will get more into you know the detail the surrounding proper I'm not going to have in testified all that but I want to have the history of the property what how it's been used what intended in terms of using it in the future so it's Roger yeah Roger Lane Witnesses the architect sorry the AR okay we have everybody come up and everybody in and then along with our professionals do you sarir to tell the truth the whole truth truth I do okay um Mr L uh call you Roger for the night let see what's your relationship uh to the property and ownership the property uh and own right now yes J and her mother are the ofer okay and uh this property has been in her family for a long time uh yes uh they own the property since 1984 um my parents inlaw property and J was added to the title in 201 and uh during that period up till up till now how's that property been used um it's been primarily a summer getaway um they they lived in in the city her brother grew up in the city but uh every summer they come down here right and has a property going rental property um it's been rented once I believe for one or two months um roughly 10 years ago uh but since then it's it's never been uh so now uh and determining what you want to do with sou climing board utilize this home as parttime summer res Etc to what you envision for the home um so our hopes for a home are to um right now it's 9 so we're hoping to make it um appr for the whole family to be able to spend brother and his wife and my motherinlaw her father pass but um from the design it's been designed to to accommodate needs of individual family members uh and ever since work from home became reality uh we've been spending pretty much any dayice is it your intent to make your permanent res F yes the uh now when you made this decision to transition if you will as property uh what steps did you take concerning how you plan um so we harded uh pass house certified architect um which um has been kind of instrumental kind of in our in our desire support of how the house would be built um and also we have also house consult plan and also Landscape designer kind of trying to create kind of unified vision for house and the uh the design of the home that go through variations with your architect to try to get to the point where you're at tonight yes uh many iterations um we actually started this project pmic but we've been working with this turn for two years but it's G be many iterations and some of that was trying to keep up with the changing lenses but also to just over the years showing to neighbors and soliciting feedback and trying to uh come up with a design that was that met both our needs as the family and also the neighborhood's needs and in addition to the the architect you also got input from the landscape architect yes yes and that's the plan that board now sees that not that we're going to get into with t you know and that went through many changes and recommendations as to the typ of plan that work appropriately uh correct um our brief for the landscape architect was to try and um utilize as many Native uh species as possible um it's not 100% but we each and part of that is also my mother so kind we're going to get into that I'll lot more detail with our expert Witnesses um and [Music] Al [Music] meeting yes and provide some input observations and issues concerning application uh yes uh there were um was feedback surrounding uh and did you also take time to discuss the uh development with your neighbors uh and when I say your neighbors what neighbors did you discuss generally speaking joining Neighbors in the block um yes uh both of the neighboring U houses as well as neighbors down the street acoss the street um yeah we've spoken to and also the wi and um did they make any suggestions to you concerning the house uh yes uh they uh they've made quite a few uh suggestions um and which we've also incorporated into our design as gener kind subsequence sub mle all right um that's all I have Mr L I do want to something I know it's still listed a hype are in we don't need a hype testimony it beats the uh we were aware of the orates of course on the smaller Lots with a height of 27 ft and no more than two stories and this house will will the application conformed to that you know the architect we'll provide you that originally slightly higher 27 not be a exp course number I just wanted to get that the only other thing I'd like to point out U because the the application indicates we don't need a coverage variance however uh we subsequently uh understood that we have the ribm driveway that the are grass area between the ribbons uh is counted impervious so if that's being so we would be 40 sare ft over the impervious instead of actually being under it you're aware we need a variance the river yes oh yeah yeah another part of the application absolutely I understand theous that's oh no we understand sure it's not or doesn't yeah I know but you know what we're doing here that the garage or the r driveway on a small lot to get all the on street park so anyway again that's all I any question not yet not yet well I'm open this portion up the application to the public question the app [Music] thank so profession witness wearing [Music] engineering good even don't worry Mr K qualified we accept thank we can qualify to save time as an engineer and planner subsequent testimony Christine like 10 times a free meal yes you prepared the plot plan as tonight that's correct and uh you're familiar with the site in terms of personally being at the site and around the neighborhood yes so you have familiarity with the types of homes and character of the neighborhood yes U so what I'd like you to do is obviously we have U and there's a listing of you know different variances which obviously we understand U and I'd like you to you know we'll go through those like in terms of your exhibit pointing out not only what setbacks may be but how they may or may not impact you know continuous adjacent property in terms of the distance between them as to what exists today compared to what would exist this certainly so we have a uh corner lot it's an undersized lot a southwest corner madis work Avenue on the screen office broken into two sides one being the kind of closeup of the property and immediately surrounding property and the second being uh more expanded showing the Madison Avenue which is the north south street and the Newark Avenue East West Street and the surrounding property specifically the three blocks the Block in question the blocks north and south and showing the uh next four or three or four homes uh to the west of the property uh is 2,996 Ft or 5,000 ft required certainly under sized uh it is 50 ft wide which conforms but it's Underside depth as well at 5992 ft or 100 ft is required uh those are existing conditions not being exacerbated by the application and all the property surrounding this are fully developed to no ability to rectify it does contain the existing one-story dwelling uh which you can see in the aial uh which contains a front from porch stoop facing uh Madison Avenue Facing East and a small deck on the North side facing north uh it has a nonperforming front yard set back on New York is the north side of the property 12.93 ft average there is 15.4 uh it is conforming on the Madison a portion you can see the house is actually fairly well set back compared to the remainder of the homes in the street as you can see in the aial it's kind of out of character Curr the other home that's one of the furthest back from the street in current condition uh it also is not conforming in rear yard setback rear yard in this case is the southern side at 6.25 ft where 14.9 is required and that's a pro rated re yard set Bas the uh lastly it is nonconforming in that it doesn't have any off street parking drive so we are not performing by existing condition no parking for the property and we built around 1969 reach design life it's on an elevated property so the entire property is surrounded by a retaining wall it's about 2T to 2' 3 in tall and that's not unique to this property all the properties to the South and all the properties to West are all on elevated properties with retaining um so that's where the the incist see what the building height came from that the uh the existing grade by definition uh cannot be altered to impact your height or improve your height the existing grade is there already it has been since the home was built we're not changing that in fact the grade the average grade that we use to define our height is actually getting lower and I'll get into that uh so we are more than conforming uh with the ordinance taking the average grade at the perimeter of the home it's just that average grade is taken on top of those existing condition has it proposed condition has it um so that that's where that inconsistency came came from with the building uh it's also on a unique Street location uh in that it's on the southwest corner uh and Newark Avenue is a oneway Street heading west uh so there is no eastbound traffic so one of the uh items of relief that we're looking for is to have a driveway on the short side of the property we'll get into that in a moment but that is uh specifically impacted by the fact that we do have street so it's kind of a unique situation um the surrounding uses are are all single family residential and a mix of lot sizes uh with the exception of the houses immediately North across the street there's actually two houses on that one lot um but other than that all all single family um typically tighter set backs here and primarily most Are all uh two two and a half story homes uh the homes directly caddy corner to the Northeast uh 33 3 32 W are the only other two ranches in this area everything else has is two to and half stories um we looked at the front yard setbacks not only by ordinance definition uh which we've identified that on on the plan and as indicated we've identified that the front yard setback average on new daav is 15.94% [Music] streetcape looks like especially on the Madison AB side so I did uh take a look at the front yard setbacks not only for this block but the blocks north and south and I've broken that down and provided a table uh so the front yard setback average for the three blocks is 6.83 ft and that's measured to the to the porch or the forward face of the home majority of these are the sides of the home there are no porches uh but that includes um a few of the homes that do have work specifically the house immediately to our South at 1009 Madison and then one block South at 903 Madison now if you uh measure to the home uh and take the the measurement as we would for the the house setback uh when when we on those two particular uh properties that average increases to 9.02 again those uh we're looking at the streetcap and what you see looking down the street and actually if you can go to the photo package which are photos Tak I'll give a spin um to looking at this top left photo from the photo package identified as 401 nework Avenue is a a view looking South standing on nework looking South down Madison Avenue um and I've there's some other photos and I'll stipulate I've taken these photos they're all representative of existing conditions out there I I Monday Monday or Tuesday day um this is uh3 or 113 Madison to Northeast this actually has a zero setback the house is right on the property line which is technically two houses north of us across the street um these are the homes uh on Newark as you're going west 403 405 and 407 you see the elevated retaining walls uh the you know amount of stairs to get up the hes and the the setbacks and porches uh we'll I'll be describing the setbacks we're proposing but we're not asking for a porch setback we're actually placing the porch on this in line with all those porches uh in The Proposal um and then lastly 1102 Madison which is a block north and on the opposite side of the street that's another house that has a zero set you see how close it is to the side um this is the house immediately to our South 1009 Madison again you see the retaining wall they have a porch and that's why we have that differing average uh but when we include the face of the porch which is generally in line with the house to the South and the house to the south of that we take that average that view corridor we don't have consistent porches like we do on newer so when you take the averages and you look at okay what's your average porch at what's your average house at you're looking to keep and maintain that um that consistency through the corridor that the porch is all lined up and the houses all line up you don't have that on the Madison Frontage again majority of them it's the side of the house so that's why I took that average at 6.83 uh to demonstrate you know what the the forward point of all the structures through there look like um so just to reiterate the the North Avenue um the the set back to the porch uh is 8 the average is 8.48 and we're at 8.5 correct so we need to find set porch itself which is the most forward as aspect of the home does need to step back correct it does align the home that we're proposing is at 13.5 and I'll show that on the clock plan um where the average is 15.9 I'll get that shortly lastly uh we have the photo here for one uh standing in front of the property in question looking North you see the home the base of the home is you know facing this property uh south from the side of the house uh is uh against Madison um this is the house uh bottom left of that PID 401 Park is a block and a half to the South you see this is where those the matain walls finally start um kind of subsiding uh but they do have a substantial elevated grade and you see the The Limited set back there um this is a better view looking s from the property uh and again you see how everything lines up and then the property in question you see the houses substantially set back compared to the other homes south of the property uh these last four photos are generally properties directly across the street so for consistency we did look at the houses across the street for their setbacks as well and they're actually closer to the street uh the average of all three blocks the front yard setback uh to the porch is 3.57 Ft across the street that's the aage uh and to the house is uh 5.98 f soose 6 ft um so we're proposing a uh a front yard setback of 6.5 ft uh here which is in my opinion commensurate with the construction that you see in these three blocks of Madison the North End of Madison you know things are a little tighter and the intent of your ordinance is to provide consistency through the street scale I think we have done that in this case um the so we are proposing to demolish that exting [Music] house if not I have it mounted on an easel that would be easier your choice got to walk around the I'll be I'll be with you in a moment we'll play the Jeopardy thing no problem well I got to find it would you like me to put the exhibit up while waiting for the screen or so uh the exhibit that's going to come up on the screen is a plan revised by my office last revised October 7th you see it's probably probably has the most amount of revisions you've seen on a plan of mine before it's gotten to you for the first time um which is a testament to we have been you know really refining this for some time uh you know trying to get the best um proposal to provide to the board um so we have uh you know several unique challenges an undersized lot you know which has the typical unique challenges especially given the depth we have that elevated condition um we're trying to meet the passive house standards uh which will provide more testimony about but it's you know substantially energy efficient home I'm not doing it justice by calling it that they'll provide a lot more information the architect uh regarding that um building a more appropriate front yard setback on Madison trying to give some space to the South property which is the rear yard um which you can see uh towards the South End um and uh one of the key improvements here is to provide some parking not only provide some but provide two parking stalls so we we do have a parking store in the garage as well as a parking stall in the driveway um so we have two on street or off street parking stalls that did not previously exist they will also not in my opinion impact on street parking by by restriping the parking stall in front of his property I do not believe we lose a parking so life and I'll explain why in a moment we asking a front yard set back on Newark at 13 1/2 ft versus 15.9 for we clear that's measured to the home as we indicated the porch complies with the average uh the porch there um I is a 6ot porch uh the home portion of itself is slightly forward of the average of the homes in the area we do match up the porch try to match up that streetcape um make it in line with the ne the Madison Avenue setback we're asking for half foot set back where 12.98 is the average but that average only accounts for two properties the pr the two properties immediately S one is somewhat close excuse me one is substantially set back um but when we take a look at the the three blocks and and look at the true average of what's through there which I think is the intent of your ordinance we're certainly more commensurate with what the street state looks like through that area uh we're asking for a 4 and 1/2t side side back and that's on the west side where 5 ft is required you'll hear testimony that the passive house construction provides 6 in of additional insulation 6 in more wall um and that that's really where that develops from um requesting that 6 in varant you pretty minimal in my opinion and that's also on the west side of the property which is adjacent to the neighbor's driveway so substantial amount of space between the two homes uh on that side uh on the rear yard uh we are asking for a rear yard setback at 9.5 ft or 1498 is required um again the depth is 60 less than 60% of what's required in the zone uh it's also against the neighbor's Drive WI uh so even with that 9 and 1/2t setback uh the property is around 21 I should say the dwelling is about 21 1/2 ft from the neighbor Ro uh in addition because it's a corner lock at the home to the South faces East it acts more like a CER you have several homes uh and you have that kind of uniqueness on Madison that some of the homes face Madison some of them face uh the East West streets um in this particular case uh the existing home faces East towards Madison the new home porch will be towards the north uh but there's ample space between the properties you typically see side to side two 5ft setbacks a 10-ft separation between the interior on in Cherry lot lines of homes this has 21.5 so certainly ample space in my opinion and as I indicated the height is compant our average uh height here um is the existing average is 14.7 um that's the four corners of the existing house the elevation is 14.7 the proposed average uh grade around the propert 14.25 so almost 6 in lower um so and our height is measured from that point so our height complies with the 27 ft and the point that we measure from is actually a little bit lower so it's actually you know 27 ft but 262 from what you see today um so we are compliant with the height we're not asking for any height variance um the building coverage that we're requesting is 53.4 2% where 35% is permit uh 45 % of that is the the actual dwelling footprint the remainder of that is there's a small overhang of the home over the driveway in this location uh you have the porch and you have the rear uh entry uncovered entry and of course you're adding the garage more buing correct so the garage is part of that footprint um which provides the benefit of parking uh but does uh you we have dwelling living space above it it expands the foot just go back thing sure um you mentioned the actual itself percentage the the footprint of the home itself is 45.4% so that that's the Interior Space of the home and then when you tack on the porch the overhang and the the back Landing it increases to 53.4% 45 so about 8% is porches and landings and overs and again we're substantially impaired by the underside lot uh here and you know makes it difficult to comply and build a home that's um commensurate with the neighborhood and appropriate for you know year round accommodations um however uh although the building coverage is in excess the impervious coverage um complies when it don't include the strip so the the under the exact definition of your ordinance is 61.3 3% where 60 is permitted uh but that's inclusive of the 3ot grass strip that we're proposing in the dve if you discount that we're at 59.8% and that was by Design we intended to meet the intent to the ordinance and comply with the impervious there is no excess impervious uh on this line uh we have two driveway strips we have a small walkway we have a landing at the bottom of the stairs and we have some retaining that's it uh there's there's really no patio there's no excessive outdoor space um we're really efficient with the use of impervious and the attention here you know trying to not make this lot more intense than it needs to be um so we are requesting that a slight overage um because of the way the driveway definition is that regardless if it's as the perious strip or not it counts as impervious the comments almost almost um we do need relief for the parking location on the short side you now as I indicated that newor Avenue is a oneway Street heading west um so it's Unique in that typically you don't want a driveway on a corner lot on the short side CU it's closer to the intersection than if it were on the long side trying to keep it as far from the intersection possible to avoid conflicts those conflicts are typically when you back out into somebody who's at a stop sign in this case there is no one traveling in that direction there is no stop sign in that direction the only stop sign is on the opposite side of nework heading in a Westerly Direction so not only is the driveway appropriate there but you have a stop condition uh about 100 ft away that when someone's backing into that driveway somebody's going to be at a stop sign and they'll you know have have to would have to come to a complete stop um but uh we'll certainly be certainly more aware of movements in front of them and there'll be less uh cons less concern for any kind of conflict at that location so in this particular case I think that driveway on the short side is is appropriate because of the oneway condition um and again we I I we do not have any impact to on Street paring there's currently an oversized stall in front of this property about 28 ft long uh we only need 20 to 22 for a parking stall um when we install the driveway uh they there can still be enough to fit a 22t long um space and still have enough 3 or 4ot buffer to the yellow curve so that there's ample when to have one car park um it'll actually in my opinion even solve a problem because uh most the areals I looked at uh and streetscapes uh two people sneak into that one spot uh and hang out so when it's an appropriate length you won't have that permission um the Mechanicals do require some relief uh for setback um there really is no rear yard to work with here we did place them underneath that rear stoop we thought that was the most appropriate location at a view as buffered as they can be um but there is some relief needed for that um and we have uh we did spend and I say when I see we the applicants spent quite a bit of time working with their landscap arit uh they have a very U specific landscape design proposed uh for this application I don't know how to get to it but everything bottom well you can yeah I was say was it in with the um there were several revised sheets but then I didn't have a full set and I yeah it might be in there is it the last sheet of the architecturals scroll the way down n these are photos of the other properties yeah so we do have it mounted on a board uh which is uh here I don't know if you need Mark that that's not in the packet I don't like I said everything was submitted like last Monday so should I thought it was in the original pack yeah that's why but it was a separate sheet let me just so Landscaping was was not only included on the Landscaping plan that was submitted but there's also in the r that was part of your package as well um and the Landscaping just in general you know was intended to provide you know substantial consideration for the architecture it Blends that contemporary design with more traditional plantings um and really did focus on native plant species um it uses large sweeps of grasses in the top of raining walls um perennials andg ground cover in the Terrace walls with accents of uh shrubs perennial groupings and small ornamental trees one of the most import things the three Street trees that exist on the Madison side are say those will not be removed and the other issue with placing the driveway actually on the Madison Avenue side is the existing utility pole uh is about 5 or 6 ft north of the property so place a driveway on the southern side which would be adjacent to the neighbor's driveway imately to our South there's utility pole right in the right in the middle of that that area the material was selected to work well not only in some restricted areas uh while providing year round interest but uh provides um pollinator species the landscape architect kind of give some notes Here can't tell and uh all the species that selected were good parade uh there we go like that can thrive in a sure environment so you can see the material on the uh on the rendering here the three trees on the uh on the on the left are the street trees that exist there today those are not changing uh you see the ornamental trees we're placing along the front of the property the ground cover on the different Terraces of the walls again rather than have one tall wall we want with some smaller terracing uh to try and uh reduce the uh the aspect and provide a little more interest there um the other benefit of the walls is we are proposing dry Wells which are integrated with the walls um so we are for uh we've already Incorporated storm water design the application um and you see the grasses uh towards the top of the wall certainly trying to provide some interest here uh and really landscaped this well um along the the front of now we can look one going back to thing airing unit yes there's an existing air conditioning unit in loation cor there is yes further away existing that's correct and I Know cover more the architect but the idea pass P which we expain more detail um requires a smaller less power condenser uh that's correct that's correct given given the high insulation value doesn't require as much um pun all right uh I know you sort of d a little bit into your planing testimony but that's all the testimony I have right now summarize planning later I like your again to visit S footage again because you obviously [Music] is going to be the El and we understand and the way you explained it gave another view of it so the dwelling itself and of question no no no I kind fig like it's like 1348 ft 45% correct and right now you're at 96 perid is 1,48 correct and we 1600 right now at 534 correct and 8% of that is consists of the the front porch with the upper porch the uncovered rear platform and that second floor overhang at the ground right the architect will indicate a lot of the architectural elements were to try to reduce massing of the house you and make sure open air and light to the other home back story things like that which the architect discuss yeah just right now as far as yeah where you're standing at the the square cuz that's probably number one question the coverage you're looking at the same coverage right the current is 32.2% correct and then the proposed is 53 correct based on that break down that's corre the total is with the overhang everything yes fall in so you're 65% increase from what you currently have and a 53% increase to what you're allowed to have yeah what our focus is we understand you know that issue and as we go through all the testimony is what what is the detriment of substantial detriment to the surrounding properties as a result of that when you hear all the testimony about the nature of the architecture you're hearing some about the landscaping and setbacks the streets on both sides what is the substantial detri which be your decision of course reality is it's only 3,000 it's only 3,000 yes but what I'm trying to emphasize is what is the substantial detriment on the neighboring properties which is standard know if it was that much smaller is there any different impact on those homes so that's entire pack that's a valid question and that's that's what we're going to try to best we can you address all that start to the point I don't know but it is %3 I'm sorry question please um the minimum driveway width you're proposing 7.6 ft we that was in a previous version we've updated that to comp is ites okay so that drive with comp the the right okay okay and then I've heard this passive house mentioned and I seen the plan can you explain maybe to to us what what passive house I will defer AR Not educated enough dwelling is 965 ft uh correct and you're going to 1360 uh for the house yes the footprint goes to 13 correct and then You' got the other for the platform the Torches over yep that corre which 162% and then just going back I'm just trying to understand the um FR set back you have an averaging plan for for for Madison Avenue we do have an averaging plan for Madison which included just the properties immediately house immediately South and then house two houses to the south in the same block um so those two homes uh the front yard setbacks there .5 ft and 9.4 which is where our average of 12.98 but I so you only use you use three houses correct because on Madison the the lots are longer there's not as many within 200 ft on the Block so you're currently at 19.3 you're going to and the average is 12.9 you're going to take it to 6.5 uh correct because when we looked at uh the conglomeration of the three blocks and looked at all of the front yard setbacks through there uh we found that the a average through that area is about 6.8 um so we we used 6.5 as our front setback that's where we where we landed we were trying to balance uh the Western setback with the front setback um you know I know we've uh in many cases that we asked for front or side setbacks in like a 3 foot or three and 1/2t range uh but given this was compliant with the width uh didn't feel that was you know the best use of space here um so we did wind up with the have thank you can I just ask one question more like a definition when you were saying before about the consistency to the street skate can you define what street skate how you're using it the the corridor so as you're standing on the sidewalk and looking up down the street um if you have a house that's you know substantially set back or substantially forward it looks at a character with the neighborhood you don't have uniformity okay just about where say not the the visual right correct corre we're just we're just talking demential got it okay thank you question op up questions to Mr uh Thomas J 612 thir Avenue uh M Mr kba um about the averaging plan at 12.98 that's the way the ordinance reads correct correct okay but the ordinance doesn't really read that it's the three block area for six feet does it it it does not read that I I felt the intent of the ordinance is to try and maintain that and I didn't believe there in my opinion there was enough sampling size but you're correct the ordinance does not specifically St okay um great now uh in terms of the driveway isn't Madison Avenue a one-way configuration uh I don't believe so one block yeah it's two it's two that or I drove Street I think one way north of Newark it's two way south of newk between Lake and two um it's one way heading south south at that corner yep correct so driveway could be put on Madison and you'd have the same oneway condition as your t on new is that correct uh it it could be placed anywhere my my position is that the impact of it being on the short side is negated because of the oneway condition of new and I believe he also um testified there's a utility poll on medicine is that correct that's corre we talked about this a little as well if I could add um and by putting the driveway where they're composing it we don't lose an offsite property spot where if we put it on the other side possibly so that's another benefit for location and the traffic pattern works one way up one way and the U you know was was there any consideration to the uh the building coverage on a small lot um when the 45% was uh as indicated we did have a number of revisions uh some of those revisions did have larger uh coverages um we really looked at the the detrimental impact and the setbacks primarily uh to back into um this design trying to make sure it didn't impact the neighbors um so there was consideration but we did have an UND size lock and it had to balance those two issues and then the existing house was built in 69 um could that Foundation accommodate a second story uh I did not review I don't know okay thank you sir any other questions Clos portioner AR I have smaller you uh for the benefit of your professional education and your licing not New Jersey but uh I have a degree in architecture from um I a registered architect in New York um for practice for 12 years um I design U you were involved in the preparation of the architectural plans that are before the war yes that's correct and you worked with the um applicant u in terms of substantial period of time coming up with particular design that's the yes uh we worked with the applicant for um about two years um working through various iterations um you know working with the scope that they gave us um to design a family home that would useful time um that would be about a PA house which I can get into accept accept all right Carl uh the neighborhood and the uh not not only this site but the home in General neighborhood yes and uh some I know you had exhibit photographs showing the nature of the architect in general area yes now the house that exists today how would you relate that to the character of the Disney neighorhood I would say it does not fit in with the character because of its its scale um it is ACH a single story house which is you know much smaller than its neighbors and set back from the strees to a greater extent um it's you know single story whereas the neighboring buildings are two or two and a half so I say it is not imp now the uh home in the general neighborhood okay sort of an elective type of arit area you explain your point the nature of the architecture yeah I mean there is quite a mixture from spending time here um you know the client spend spend a lot of time here um you know it's uh in in materials it's it's varied in in color it's varied um and in form vared as well I mean there are pitch TRS but there are also claps or different shapes um there are certain characteristics that we've looked to and tried to emulate in our design but also just taking account of the um the requirements of right and you have photographs that's part of the you have the type of architecture that you're referring to yes and that's part of the it's included and at the end and the board's probably familiar with this neighborhood you know we're not being presumptuous but this is record night the types of two twostory two and a half story type homes that exist in the Gent area correct corre now the board keeps heing this term pass home well that's not obviously the most critical element of our case it's one of the elements so you explain what that is to the yeah I might explain that the presentation yeah so um so passive house um in a brief overview uh is a building that's designed to use dramatically less energy than a conventional house so that's the energy used to heat and cool the building so there are various strategies we use to design these uh one is you have thick insulated walls and roofs you have High um insulated Windows you often have to have larger expanses of window space in South so you can gain solar heat gain to heat the house um and they're also very well sealed so they don't lose energy um and that means that they often have or they will have a low a smaller mechanical system because they simply just don't need as much power to heat and um one thing that this leads to with passive house is often a simpler form of building because of you know Jigs and jogs and different shapes lead to more surface area where you're losing more energy through wall surfaces and roof surfaces so the the form is quite simple um so you'll see I'm further in the pl you'll see as well um where we place the driveway in the garage on the northwest corner on nework um that places um those utilitarian areas a away from where we need to um solar so that leav the space on Madison uh for Living Spaces which can have larger windows and we can have that gain of s which is extremely important um and then you other forms other parts of um this we've um you know we have shading devices as well to to prevent overheating uh in the summer um and then just going back to the mechanical systems again it's it's smaller systems and are placing it in the um the rear guard um because it requires less energy to run they run for less time and the systems are much smaller so there's less noise disturbance um so that's generally the the idea and the uh the add there's additional insulation required that would therefore also expand if you will the walls of the house yeah so so this diagram um here so this shows sorry the outline of the I'm sorry um shows the outline of the um the building here so the red um line is your conventional W thickness which is uh going in detail here to bring you to your state minimum requirement uh the green outline is what we're adding to that in order to get us to a paf standard and uh all of this was um in addition to our work uh the applicants hired a paf house consultant who does very detailed energy modeling taking all of these components into account to calculate how much energy building will use and this uh graph here shows so the the reduced the reduced energy is almost half of a conventional house as a result of all these strategies and the carbon emissions are uh reduced by m um so so thicker walls uh thicker roofs um um larger kind of expanses of glass to the set now another element dealing with uh sizing of the house is this house is taken into account uh any ADA requirements correct explain with they are that's correct and the reason I is for um you know the applicants aging mother but also for their own future intended use long-term use of the house so um so the green here shows um the Ada bedroom and bathroom this is the nework Avenue this is Madison so um these are minimally sized just about the ADA compliance um and in fact you know we squeeze these down through one of our design revisions um aftering with Town engineer increasing the parking lots uh the parking space uh pushing in the minimal garage space of great just just amount enough space for the a that room and the av8 bathroom as well and then we've also left space for potential future elevator um which could come up to the second FL and then we're just show the hallways are wide enough for a access as well turn all right so we have higher ceilings in some are wider doors wider hallways Etc yeah um and it's you know again Pathways you know through the living room and dining room kitchen giving just enough space uh for that access for the Ada access for the Ada and also you know there's um space uh the stair from the garage level up to the main living level is wide so that it can accommodate a future um chair excuse me we're just going to take about 10 minute break um board's been sitting here for a long time sure sure abolutely Mr chairman and we'll pick up I appreciate it sure we'll pick up for 10 minute bre 8:30 8:30 yes s think fors [Music] do got back in the days when the bars closed at 5 and reopened at somebody told us always Mr I mean [Music] coax stand [Music] [Music] I know we all I I don't really please mayor Fox here uh councilwoman Mahoney here Mr Marco am I here are you here okay I didn't know it was me sorry yeah it's you chair mayor Mr here M already sure here miss s here miss brell here miss boo here Mr seith here and Miss R here our professionals are still here we are so is the okay Mr please proceed thank you thank you all right so we were uh at the break and car's architectural testimony uh so now pick up where you you want to go through the floor plan now yeah um I'll leave that up to what exhibit you want to use yeah so this is uh the first floor plan um there's Madison Avenue New York Avenue so I I mentioned uh while looking at the rendering um this slot along here um on this side of the lot where we have the parking stall the garage and the minimal Ada unit uh takes up you know quite a portion um of the building area here uh and then we're left with you know fairly compressed uh living dining and kitchen area which is actually roughly the same size as what's there in the current house and then is a slot of utility mechanical space bathroom uh washer dryer uh and storage spes as well as the stair um so this is access to drive in there's a stair that goes up to the front porch and there is the front door there's a stoop at the back that goes down and I so that garage and that really depicts the additional coverage that we have related to that side of the house yes it takes up quite a portion yeah yeah with those additional parking spaces which no parking spaces exist on the lck at the moment um and then you see the um the raise ground here where there's going extensive planting in this Terra so on the second floor um there are two uh for the modesty size uh bedrooms or 12 by 12 foots uh with a shared bathroom uh and then a primary bedroom with its own bathroom and an office Al Cove which is accessed off of the primary bedroom uh this is you know the applicant work from home regularly so this is very important for them um and then there um balcony on the front um and then also on the um on the rear just looking back the balcony itself think Mr F's report that meets the setback and it also meets the uh maximum squ footage that's allow correct so um just looking back um at the form of the building we thought a lot about the massing of this on the site and taking this bite out of the corner on the second floor um allows for more open openness of light and air for the neighboring property and kind of reduces the scale of the building uh from that from that side second floor area set back from the first floor this is set back from the first floor yeah um and a similar approach is taken um by by hting this angle of the building uh back here on the second floor um to p back away from New York Avenue and again in in a way to reduce the massing of the building um and and you see that on the ground floor as well the garage and set in um is indented into the building so the mass is reduced from there as well so they were considerations of the impact of the massing on the adjoining property that's correct yeah so there is a basement um there's currently a basement at the existing house there here as well um util we're proposing to not Place Mechanicals and Utilities in the basement because it concerns over flooding so so that mechanical equipment is going into the floor plan of the first and second floor so that's taking up some space there as um and then on the roof it is partially sloped um from this line here and we're proposing um a large solar panel array system which will cover the majority of the energy use of the building which as you know with the passive standards is drastically reduced um okay U Tom excuse me if I could ask sure access to the roof uh access to the roof would would be from um the second floor uh balcony in what form um maybe just with the ladder or um okay yeah and what typ a hatch or we're not proposing a hatch into roof itself yeah so you come out onto the uh the balcony here and just go up on the ladder okay or if a contractor had to come for your solar panels or whatever you could access you know from the side of the building yeah like any contract than sorry uh all right so in terms of these various proposals um do you see from an architectural standpoint any uh detriment or substantial detriment uh to the massing of this house to be joining property I don't I mean we we you know through these iterations we've made many efforts to you know accommodate these requirements of the parking spaces um you know the utility of the house as a as a full-time long-term residence uh with fairly modly sized rooms um and set back um in the volume where we can with the with the Bal on the second floor and uh on on the Gage side and the massing we feel is in keeping with the neighboring buildings the height is in keeping um and then govern materiality as well what did you material um on the outside so it's um it's a light wood sighting um and this is something that actually came from uh the applicants Consulting with their neighbors um earlier renderings that we had showed a darker material uh darker window frames and trim um and so after that consultation we made some revisions to this where we have white Windows white trim white um railings um which are you in keeping with the materials used in the neighborhood and then also another piece of feedback that came from and neighbor was this this wall here on Madison uh was quite blank um so we added this window to break it up so they neighbor felt it was just too that another recommendation by neighbor yes y passed on to you yes yeah and you know feel that the the front porch isn't keeping um with the character of the neighborhood as well um a lot of these houses have front porch um and that's we thought was an important part of the design all right that's all questions I have the architect um two years you guys worked on this many of those two years did you guys consider a smaller fo plan that was more in line with the size of the property I I think that um when I think what really we did at times trank I think it was the garage and the the parking spaces that really pushes the ground floor to expand in this way because what you're left over with at that point is really a modestly sized living dining kitchen space for you know a family uh plus that um accessible which is important as well so it was it was that ground floor footprint that pushed um it to that extent do you know what percentage of the building coverage the garages um it's about 400 square ft oh sorry it's 245 I can't 81 817 I thought it was almost 10 I was correct so the garage itself is taking up about 8 and a half% of the building right and then on one of these drawn so I assume that the square foot inside you've already obviously accommodated for a future elevator all that's already in that number correct yes Y and then there's a note about a future potential ramp at 172 Square ft is that at all accounted for in the numbers again that's we're not talking I think that was an earlier idea we since um propos a future um chair lift from that stair from the garage to the first floor which would eliminate a need for a round okay yeah elated so there's no more proposed future act no so just to follow up on that if I may um the future elevator would only be from the first floor to the second floor correct okay and access to the house from gr or from the garage would be Thea chairlift yeah see um the chairlift would be interior so you would not see the exterior um so someone would you know come into the garage through the store and then there's a chairlift you're going up half a level oh I see okay yeah up intoing so they will not be increasing any building cover orage just just for a point of knowledge the the Ada you accommodated ADA requirements throughout the first floor expansive how what percentage that kick up the foot overall so you have since you have to a wheelchair and such is that is there a percentage you going apply to that number not not that I have at hand um I will say you know it's you you can see the sort of turning circles here you're expanding um the bathroom for example you're expanding these access areas here where you have to get from one room into another um so it's I don't have a number off hand but it's it is expanding bedrooms AR big no they're not like that first that bedroom on the first floor floor is very small even though it's the Ada bedroom that's because the door's wide and you see that circular area there so you have a wheelchair you so that just wonder if we did expand footprint any on my look I can't imagine you said just said the bathroom maybe the bathroom is expended yeah yeah yeah I was say I think the the standard width is 3 ft for for hallways but these are these are wider and this the stair as well the chair what is the use of the basement going to be uh storage no utilities down there uh no um just as a concern about uh flooding or any water problems um the utilities are being taken upstairs you couldn't use the basement because of concern about flooding so you had to make room inside somewhere in the house so there's room you know there's mechanical space upstairs in the first floor and some in the second floor as well in the ceiling the second floor could you explain to me the membrane roof yes so I is it non weight supporting other than I mean what is let I don't see membrane roof often but I haven't done this for very long so so it's um there are various types um so it's either uh rolled on or there's also a liquid applied so it's kind of poured over so it's all seamless um and then if you are setting solar panels on that you have these standoffs that go down to the ply level so you're not resting them on the membran so supported on the joints joints below not on the so the roof itself is not weak is not Y and also so that you know the membrane itself is because the slope on the roof is very shallow they can't they couldn't build the traditional shingle roof as shingle roof because it's not doesn't have enough pitch so they have to go to a meman roof to accommodate the building and just to say so the meming RO will not be visible because there is a pet so you're not going to be looking at a black membran roof how do you get water off the membrane roof tiny enough get to I have a Scuttle or something to collect the roof to the down spot yeah we currently have that's we replaced them Bazi Center across the street you go we're talking about the uh Energy Efficiency what is a normal house is does that mean like a house in Bradley Beach wi so it it means that's uh what's shown in those graphs is the current New York sorry New Jersey um energy code um so that's what's listed so normal a normal New Jersey house uh yes average average yeah yeah Curr built today to today's stand new new house and perhaps you're the wrong expert but the the backyard is that is that con it's not um it's gravel perable it's perable yeah okay okay um just I mean there there's another exhibit here which is just looking at some other you know forms um of buildings in uh the neighborhood um you there is there is quite a variety I would say um you know with in flat roofs or kind of a combination of pitched and flat roots and also just you know cutouts and sort of set packs um so we did look at these in the neighborhood as well um when we were considering our design so we do feel you know that it's it is our design does fit into the context of kind of The Eclectic style of the neighborhood you have a questions from the door open this portion repu questions for the arit Tom 623 Avenue um I was wondering these examples that you showed do you know what the building coverage and lock coverage is for each of those I I don't have that information okay uh when you were you referenced the massing so when you were in your two-year process you were concerned about massing yep okay and then but wouldn't you have less massing if it was built at 35% Lo coverage yes but it great thank you and then uh what are the floor ceiling Heights on the first and second floor so the first floor is 9 ft uh the second floor at the lowest point is 8 ft it does go up to 10 but some of that has sof dropping down to handle the mechanical equipment that's in the software um what determines scale does the architecture determine scale or does the ordinance determine the scale the scale of scale of the uh I think it's partly um trying to design something that's try to accommodate both the use of the building but also fitting into the context of the uh but what about the Ordinance do we work at the context of the ordinance of course okay great thank you any other questions from the see none thank you thank you ask I think there are people public that want to testify but this planner again Mr I think he changed Cod so nice to see you again good to see you uh so you've been qualified as an engineer imp planter tonight so we won't go yes so U again you covered a lot of things in your initial testimony engineering testimony now architect testimony on the record um so I'd like you to review you know the obious discuss requ i' like you a lot by that the uh what if any impact the uh to the set cover on the proper ESS standard this compare those to the surrounding properties valuation certainly so we're talking about as a provided testimony times is the C1 criteria the hardship criteria with by reason Nar shall or shape of the property uh or topographic conditions there in uh creates a exceptional practical difficulties to develop property so in my opinion this lot definitely has some hardships associated with it that justify Varan request it also has some beneficial planning which I'm get into um so the the impacts here for the various uh relief needed the lot are lot dep we've already discussed are pre pre-existing non performing uh not exacer the front yard set back on Madison we had a lot of discussion about that and I've uh testified that we looked at the three block area that really look at um with the intent the ordinance keeping it a uniform consideration at that 62t setback with the average being at 6.8 in my opinion there's no substantial detriment a 6 and2 set back on that front um we're in line give or take a couple inches but with everyone with the average of that that street and front yard setbacks along that street with regard to the front yard setb on newerk G um the front yard set back there at 13 1/2 ft is to the home uh we focus porch we focus on the porch on that location because Madison Avenue tends to have the more prototypical Frontage where all the homes along their half P we aligned our porch with the other porches uh and they asking for a little bit Rel for the front air set back to the home itself um I don't believe that has any substantial detriment uh to the front yard set back along nework because again the porch is in line you're standing on on on the sidewalk you're driving down nework if everything will align appropriately uh and uh which promotes the general welfare and Des um when we look at the uh side yard setback at 4 1/2 ft uh I believe that's a pretty dious variance compared to the 5 foot requir um and again you've heard testimony that the the uh the wall thicknesses here are all 6 in wider because of the passive house condition that also I'll speak to the The Beneficial planning of that as well and EXC me 6 in wider or 6 in thicker sorry thicker yeah a standard wall section yeah the amount of insulation is pretty substan so it's 10 in yeah um the uh rear yard setback at 9.5 ft uh in my opinion is also not a substantial detriment and both the rear and side as I testified have the benefit of being adjacent to the neighbor's driveways uh so there's ample space between the homes in that the the home next door is between 10 and 12T off property line on both those sides both South and West um all of which in my opinion those setbacks do not create a substantial detriment uh the lot coverage is really a function of those four things kind of creating the sandbox we're able to work in um so in my opinion because all four sides are appropriate in my opinion uh compared to the neighbors V created detriment those impact I think the lock coverage here is appropriate on this Underside lck and create a detrimental impact to the neighborhood uh the driveway on the short side I do not believe has a an impact because of the oneway nature a lot of testimony on that and the mechanical location uh even though was needs relief is actually a foot further from the neighbor than it was before uh and sitting underneath uh the rear Landing um so in the most innocuous location at keni um so I think all those Varian that we requesting do not any substantial detrimental impact uh to the neighborhood and to the public good you also on that tesy by the architect by the architect excuse about the manner in which the second floor is set back and the corner of the house is cut off on the on the opposite side how does that have an impact on whether there's a you know substantial V to light air or any properties it's certainly an improvement to air light in open space um you know we we when you step back second stories you know provides a little bit more openness air air and light especially along the front portions of the home where it has the biggest impact um because the other sides we have the driveways uh so I believe those are also uh you know benefits to planning and uh um do not create a detrimental impact um under the C2 criteria where the the purposes of zoning are promoted uh purpos zoning found in section two of the municipal land use law I believe the application promotes a number of purposes of zoning and some of which are not typical uh purposes zoning that are Advanced for a single family home um in my opinion we definitely promote the general welfare of the applica by the application we provide adequate L A open space we provide the sufficient space and appropriate location for this residential use we promote a desirable visual environment one of the but you know one of the ones we I didn't speak about as much the architect did was promotion promote the utilization of renewable energy resources um and that that is certainly a benefit of this application by providing the pass house um and not to labor and confuse with coverage discussion any further U but I know uh M Mr chairman specifically kind of got into the numbers the 6 in of additional insulation around the perimeter Al seems minimal is more than 2% of coverage uh when you total it all up there's 70 something square feet of additional footprint that is just insulation um so in my opinion you know the promotion of the utilization renewable energy resources is certainly Advanced and can also help justify our coverage request because we have as we discussed um not only does the garage take up 8% and the of the coverage uh the house the insulation 2.3% so the the home the actual living space and the typical um footprint we look at is about 42.9% um again we have 2.3% of insulation and 8.2% of Gage um so when you're you're trying to balance you know why the the coverage number is what it is there is some excess here for that that substantial benefit to plan um it also promotes the master plan goals uh 2008 master plan reexamination the single single family character of the burrow is very important asset the rehabilitation and infill of the housing stock should be encouraged we appropriate while maintaining the character scale and pry the established residential neighborhood and I think we provide a lot of testimony that we are that was our Focus was keeping within the character scale and privacy I do believe this does promote the purposes of zoning and the Varian is here can be granted under both the C1 and C2 criteria and as I testified I do not believe there's a substantial detriment to the public good as a result of the application uh therefore in my opinion the board can grant the variances as requested I don't believe there'll be detriment to the Zone plan or zoning ordinance The Zone the zoning ordinance it's difficult to contemplate undersized Lots especially undersized Corner lots and that creates a lot of uh difficulties with Des but I believe theant has done a good job here now there was a lot of testimony about the architect also about designing a home that's Ada compant which obviously not just benefit current use know the parent will with anybody in the future correct that's a public policy of state of New Jersey of course with ADA requirements correct correct and that was planing view point to your opinion that that's another benefit that in terms of balancing the benefits against the correct I do believe that does it promotes the general Ware and the compliance with the Ada certainly a purposing plan just again size of the house itself uh we've done a tremendous view of the neighborhood with the photographs and revie and your uh personal observations size of the house is consistent with thees a home in the neighborhood uh I would agree with that you know many of those homes are on larger Lots um some size of the house the the height and dimensions yes so that it's not that this house in and of itself is overly large in relationship to the neighborhood correct the other homes are two two and a half stories correct so it's driving obviously the cover set back is the size of the Cor the over building of a forer house and what is commonly seen in the neighborhood uh no no I think the driving factor is also providing a home that's uh as I indicated Comm year round living for family yep it's the only question I have for the board I think the board the general sense of G people's comments is that the building coverage is is you know an issue for some folks has there and I know um my colleague had asked before are there any designs that had a smaller foot FR I I was just wondering like is there a need for the three bedrooms and the Ada bedroom has there been any thought to maybe taking the garage putting that just as a driveway and getting rid of that bedroom and bedroom upstairs and that would help with I mean with the building coverage or I I guess what I just want to see is like has has all these things been worked through and there's a reason why this many bedrooms is needed this design is needed well because that's what I'm not yeah I understand that's perfectly legitimate observational question uh and yes uh there's tradeoffs right um so in valuating this in the best presentation is it best to have on-site parking is it best to have a garage or is it best to have less coverage so yes those battles arguments have been fought amongst the professionals and the client and this is what we ended up believing uh would be the best balance if you will of the pros and cons of the application uh you know we comply with uh any of the the both requirements of um you know and we're improving some you remember there's already three variances on this existing small home setback variances that we're actually improving on um so yes there's been all of that discussion and balance the idea that this home is for a family U not for two people I mean we don't Design Homes nowadays you all know the cost of land and property in Bradley Beach uh you know and this is a place that this young couple wants to make their home they've been coming here for decades but now this really want to live and this is trying to build a home that they can grow in and live in without creating a problem to their neighbors I think you'll hear from Neighbors about their view of this home which I think is important because that's what we're concerned about a substantial detriment to the Navy uh under the ordinance so we've been very sensitive to that and the applic been extremely sensitive to that years um but I mean yes there all the legitimate questions on the balancing and as I said I keep trying to focus is what is the substantial detriment so if it's 3% less coverage does it really save you the substantial determent you're still going to have a setback variance you're still going to have a coverage variance how much more worse is it what is its substantial detriment when you consider the two front streets the of the other houses everything else that you're hearing tonight that's why you really have to look at that whole picture because that's what the law is me it's yes we have a hardship but it doesn't mean we can build any house we understand that so is this house been built to a point where we have not created a substantial detriment there's always some detriment on the small L but is it substantial we don't think so that's been the testimony we've trying to explore in relationship to the setbacks all the other things when you've heard about the relationship to the character types of homes size of homes all of those things so yes we tried to balance that was a long answer can't shut me up you made up for your short opening summarize better thanks so anyway that's that's all I have your questions to plan the existing house is 965 ft the house that you're proposing is how many square ft for each level uh I don't have the each level I'll defer to the architect for the ex it's a total of 2,4 you better come up if you're going to test say something else so they get it on the record when you have it come up here so everybody can hear whatever you're saying the total um I I don't each Flor I believe it's um 1100 and then um 1300 second Flor so and the 1100 on the first floor would be because the garage isn't countered as liable space exactly 113 that's a 2500 house and I think going back to so I guess the the need is to build this house with everything that you want as oppos and and asking for 10 variances as to you know post to building a smaller footprint and kind of moving the house more in the center of the lot and not needing you know not triggering so many variances what's that it's not 10an two of them are area the uh lot area and the lot depth which are existing just the size and the was reconciled and then isn't listed on this list correct but they testified that the height will now doesn't need a variance we already testified and drive and the drive light they testified so yes the paperwork doesn't match but the testimony does and that would be part of if we approve or not approve like the conditions that they would reive that you also have to add one to the so all right so minimum laot area yes is is a variance right uh that we have existing nonconforming preexisting okay and then lot steps is existing nonconforming so the front yard set back is a is is a VAR the minimum from from on Newark on Madison the minimum side yard setback the minimum rear yard setback the max lock coverage the minimum rear yard setback on Mechanicals the Maxum perious coverage and the ribbon I don't know if the ribbon and impervious are two separate variances I think they're one in the same the ribbon creates the impervious but you're not allow ribb drive so is there a separate it's two two variants for the same thing our okay cor and there is an existing front yard set back in north and an existing setback of the air conditioning unit impr I think um and I don't know if this will helpful to anyone or not but um what I think um and you can correct me if I'm wrong um a number of the board members are struggling with right is they um I think this board has been trying very hard to um you know approve um development that complies with the zoning regulations and you know make sure that um Bradley Beach is developed in a way that meets the ordinance standards um but I do think that this proposal is unique um in that it has all of the uh green elements and you know the passive house and the environmentally friendly features um and the native landscaping and things like that that I think are positive um from a planning benefit and to Bradley Beach and I think that's probably where um the board is struggling a little bit if that helps that's really is yeah basically saving his tradeoffs right that's this whole thing is a TR right and how much can you trade off until you take out until just dve around right so I think kind of going on that right you know the coverage is over um but we talked about like the garage is 8% coverage 8% of the total coverage amount um where you often don't even see a onsite parking space for yeah well I think 2% for the W right and that it goes to the green energy and you know all right any questions for the board op up the public questions again I now that you're doing the U planning testimony just want to reiterate that you're using the 6.5% setback you're proposing in a three block area not as part of the ordinance just in the 200 ft in either direction of the lock is that correct that's correct okay great and um the uh is the variances okay I I was just wondering the C1 hardship um is it topography size or shape it can be any uh any consideration or any um conglomeration any those so the the this particular is not the shape right so the shape is not is not the criteria in this particular case it's size it's not size it's it's the size so it's strictly the size it's not the topography or anything else well the topography does impact the coverage some because we have added steps compared to a typical application which is more at grade that does increase the coverage ever so slightely and and being that this is proposed now as a vacant live could a conforming house be constructed uh the issue with the constructing conforming house is that we have a very limited envelope uh so yes you could always build conforming uh but is a conforming home here really feasible to live in um so the so that being said the lot is not zoned into into economic and utility is it uh not to my now great thank you any more questions same close thank you uh I think after the public testifies I would then Su up if you would allow short I don't want to keep the public waiting open the application up to the public for comment and testimony please come forward state your name and address and be SW Anthony Capone 400 nework Avenue we are across the street you sar from to tell truth the whole truth I um so we are across the street at 400 New York Avenue and um we we my wife and I think this would be a a nice upgrade to the neighborhood uh compared to the theu that's there now the uh the two parking spots we think would be help us greatly the Landscaping would help enrich The Greenery of the neighborhood and U so you know we're in favor of it and we take overall the okay go ahead name address okay James Cunningham 1009 Madison Avenue so the house IM to the South you want toer tell the truth whole truth about truth Pro I do um so my wife and I are here we fully support you know there uh knocking down the house and building the new be to the the neighborhood um and we're not concerned about any of the impacts you know to our property from the structure or from the so your house buts where the where the air conditioner now yeah we're immediately to the South so right next to the house but one house South that's so that air conditioning unit that's been there for a long time does that cause you any problems no I guess our thought process is has some kind of whether it's window units or you know Central John Mo 119 nework Avenue how do you spell your last name m you s from to tell the truth whole truth or nothing about the truth t I sure do thank you um you can see that this couple has put in years of research and planning and this is the culmination of years of hard work they design a green ecofriendly and very appealing home they if they go through with their plans they're going to have geothermal cooling Heating and hot water I have that system and it's fantastic and very efficient there's no outside equipment so it's appealing to the neighborhood rain water water recovery to use in landscaping solar energy which return electric to the grid buried cable and electric to improve the neighborhood appearance a design that maximizes light air circulation to the adjoining residents sustainable material a garage that takes off parking on the street so on our street new Acy it's probably the most densely pop Street in the town we have probably six large rental condos many multi rental units so this is a wonderful addition to our block and most of the Neighbors in the neighborhood are all in favor so we hope you approve it favorably thank you thanks job Jennifer Lee 406 andth to tell the truth the whole truth and nothing but the truth thank you um um I'm actually friends with JY uh for over 40 years um she actually went to school with my brother in New York City and uh my parents actually bought 406 and a half newor you in the late 7 1970s so I grew up in Bradley Beach Bradley Beach is like my second home uh my own children come to Bradley Beach now because we still have our place and they're growing up enjoying Bradley Beach we love Bradley Beach it's really a family oriented Town um we we know a lot of these people here um the neighbors across the street are friendly um it's a real second home for us um when JY and her husband came to us and said this is our plan this is what we want to do um they invited us to their home to share what their thoughts and ideas were and we were blown away by how um economic um eco-friendly their home is going to be um we my husband and I were like we want a home like this I mean this we were so impressed by presentation and the thought and thought process that she and her husband went through you know they told us that you know they were doing the research for over two years and we we we want to support them and we do support them um and we hope that you will really consider approving their proposal because I think it's going to benefit our neighborhood it's going to benefit by Beach and you know we live direct Diagon across from them and we would love to see beautiful house being built on our block thank you for yourk Dan her hband I'm sorry you say Len Len and Dan Dan sorry what's your address 43 new to be speaking yes okay so I'll swear both of you you swear from tell the truth the whole truth and nothing but the truth proceeding just myit one yes 43 newk avue I also want to say that there were a lot of other neighbors here tonight that had to leave early um that are all in support of this project that they had to go to work and do other things so there were other people that would have spoken um you know it's very impressive that uh Jen and Roger are planning this house I love that it's green I never heard I mean a passive house is expensive to build they are going above and beyond in building this home and putting the effort in to to meet the um the passive house standards um and I think it's amazing that um that's something that they care about and they they feel so passioned by that they're trying to build this house um on newer G it will only improve our street um we I my mother met Ellena which is Jen's mom 18 years ago um she would walk by and her my mom and Elena would walk together um they've been in the neighborhood for 40 years um they've owned that property they've been here they're part of New York Avenue they could move anywhere they you know anywhere else but they're choosing to stay on Newark a and to make improve our street and to be part of the community and we would like them to be able to to do that continue their investment in this community already um longstanding it it really is a testament to to your commitment to us um you you went to everybody and you asked for our opinions what did you know you didn't want to impact anybody negatively and that's what we need that's what our whole town needs but New York Avenue really has that and I think when you look in terms of what they're doing they're you know they're adding in essence two parking spots and they're creating a what I think is is a flagship uh project um that that should lead the way to the Future um and even then they're only over by 10% roughly of your of your coverage requirement My Hope Is that you guys can you know can accept that and uh and and have that be the justification that they are contributing more than um than they are taking away so thank you very much we know the ab is so important for them um you know just in terms of Aging parents we've been through it we thought oh let's put a bathroom on the first floor let's put a bedro on the first floor many years ago but we didn't think about the Ada component and we it's I think that they they've put so much into this and they've changed it and the ordinance have changed over the years and I would love to know how many houses on the street are not meeting the coverage you know right now um but this home I think with all the green energy um it balances out we hope you support it thank you thank anybody else uh Thomas Jan 612 thir Avenue um try to tell the truth the whole truth that's the truth yes I do um you know the green energ compon it's very interesting but a conforming house could be built with the same green energy importance and that would be awesome we're 19% over on the building coverage and that's an outrageous amount to disregard um our ordinance in your opin pardon your your op oh in my opinion I'm speaking my yeah and the ordinances back my opinion and and the uh the massing that that's created by this much larger house was contemplated in the ordinances which is why the ordinances reflect the 35% our ordinances are very liberal and they do take in small Lots so a small house goes on a small lot and and and that keeps the density at the proper I I admire what they did but is everybody who spends two years on their project automatically get passed because they spend two years I don't believe so I believe it's the project and the numbers this is just numerical calculations which reflect 8 variances and if you pass this tonight I believe you will be passing um variances or you're changing the ordinance by variance because now other people will come in and say hey I'm building this green house with two foot walls and I'm going to use Zero Energy so I need the variance it's a very slippery slope as you know yes sir each each application stands on Z with its own unique characteristics and don't make statements like that size of the property I'm not going I'm not going to discuss it with you I'm just saying everybody every every application has a unque each each application stand so I don't want to hear about others people come in you don't know what's going to happen so don't aeria I don't think so yeah you're certainly tell your I just like you're misstating it's done in Municipal land each application stands on own stands on its own okay um I I don't think the uh the addition of the parking at the expense of the building uh coverage is is positive benefit and I believe it's a negative benefit and uh it will be um the massing is huge and the ordinance stands on its own and um thank you very much any other any other comments seeing them Clos thank you Mr chair uh well the public did a good job don't take away anything from people account most in the town the sport I had to said I'd like to just point out a couple of things that we do me everybody wants to focus on something we didn't we uh we talked about the impervious coverage which we believe we were just under the 60% but because of this issue about even though it's press it's counted we barely over the theer coverage so while building coverage is one thing you also have the major issue of lot coverage which you know we're right there um we're adding two parking spaces which don't exist today uh the North Avenue uh already has a front yard setback the house we're reducing it we need a varing u we have on Madison uh uh that's that's where we have our front yard setback but we also have I'm sorry on North we also have a porch that meets to front yard set um so you know when you look at a house and you L it up with all the porches does out to you that's the size is that much closer U the front yard upper PCH meets the requirements of the ordinance uh the uh rear yard uh setback uh currently is 6.25% we're going to make it 9.5% we're improving the current re yard setback uh we're meeting the height of your ordinance that was designed for small Lots is 27 ft no more than two stores we comply with that uh the balcony location in the front yard complies the area of the balcony in the front yard complies these are all requirements that we meet maximum withd of the driveway complies maximum apron width complies maximum driveway width complies so it's not just all negative you you have a house that's out of character built many many many decades ago that doesn't mean character neor two and half story homes uh and we hear Mr talked about massing misunderstands uh the massing of the house it makes it much larger it's not as we pointed out the size of the house size of the house is equivalent to the size of the houses in the neighborhood we didn't take all these small homes and put this big home next to it this home is getting closer to what's already in the neighborhood so it's not uh when we talked about massing yes to make it more consistent in size the massing doesn't make it worse okay but the size of the house is appropriate for this neighborhood uh so that's I know been a critical issue with the board and and that's what we're trying to address and we heard our plan you heard the neighb we look at it and what is the substantial detriment and in balance detriment maybe but normally you're looking at you know front yard set packs do they match what how close is the other house well we have a driveway oh so they're 20 ft apart not 10 ft apart all of those things count and indicate every application you need more rules on their own circumstances not that oh this house got this everybody gets it it's not how it works and you guys know that for all the years you've been here uh so you have this you know young couple with parent who lived in the neighborhood on and off whatever in the Summers but essentially now fulltime for 40 years you can see the connections they made you know this is a family house it's the size you need for a family house and say well it's a small lot but on the other hand fine but can we take into account everything to reduce any substantial detriment neighbors think so uh the architect has given his opinions about it you know Ada the passive home all those things the parking the garage it's all got to be put together we can't just look at one number and say well it's 52% and should be this okay and what is the substantial detriment being caused when you balance the pros and cons we think in Balance uh the benefits outweigh that um so you know we ask for the boards you know consideration of all of those factors Ty Landscaping everything that goes with it that's unique you don't normally see this take it all into account please all of those issues and balancing this and then saying really what's the harm here in tring variance it'sing substantial harm we think you've accounted for all the potential Harms in the various elements you curred a lot of hardw went into coming up with taking into account what the board's concerns would be and the neighbor concerns talk to all the neighbors and make changes make sure the neighbors felt this did anyway think theyve given the board a good feeling about how they see this development impa thank you thank you I think I would just make maybe the general comment that everybody is think somewhat echoing what Christine said we're balancing a lot of what the ordinance is dictating with a property that is very challenging to build on and we see this a lot and now we see a case where we have a property that's taking into consideration some things that we have not yet um seen here we don't see a lot of homes that come in with this um you know really Progressive Home Design that in theory we're going to see hopefully 50 years from now this will be standardized um or at least some aspects of it and I would say the Ada component in a town that is predominantly a growing retirement community I think I mean I would say this right everybody is coming here to either retire or for their grandchildren um these are these are standards that we should be embracing for what they are and we also have this very difficult job of balancing that with the current rules and regulations so that makes this a very challenging application and it has to be looked at for face value and it's okay to say these things in public forum and we don't need to cross examine the professionals passive aggressively to get to these points we can just State them for what they are and um I think this is a big one to think about um a lot of us not excited about building coverage that is over the max that's a very tough one for this group um so I think that's just some like words to maybe simmer on before everybody decides which direction they feel is best for this community can I ask a question of profession close off was that very close I mean of of your profession of my profession oh okay thanks well done um with regard to the front yard said that and with regard to the ordinance I'm trying to come to grips with the um with the Aver and I understand that if you look at the averaging and you look at the other homes if you move the front if you move the step back closer it's in line with the other homes right in the area so where does that where do things it comes comes to the ordinance versus the current look of the of the neighborhood okay so if I understand you correctly okay go ahead and ask me again do you want to know what effects this is going to have on maybe future yeah I guess so because all right we they're going to say we want to move it forward because then it looks it's conforming with all the other houses around there right is that the thing to do or do you or do you follow the ordinance I don't know I mean it's like oh well you know nework Avenue Madison Avenue quite like the other streets that are farther down and have more space these houses are kind of closer together so we're going to we're going to take that huge front yard setback and we're not even going to give it the average we're going to go all the way to the front but it it's in keeping with the houses around it right so I'm struggling there okay so so if I could just help a little bit I can't I don't want to influence anything right right um that's part of looking at each application unto okay so if it was in a different part of town with different size properties we may come to a conclusion differently than you would in this particular inst that's the the best I can outline that's help thank you just for this on nework Avenue over the last 20 years so many times where you've seen some people have zero setbacks this board has approved zero SE it's really recognize a neighborhood character that's what Jerry is saying you look at what is there and we've made mistakes of pushing properties back to be conforming with other properties being much more forward anate and it looks bad and it kind of ruins character neighborh but your point is is it's a great question thank you no it's it's a a great question because it's it's how do you how you reconcile all that y okay thank you thank you well that's something else to comment going back to Neighborhood character what is the Char was a character neighborhood and this this neighborhood is a very dense pre zoning neighborhood nothing nothing conforms there um and size is going don't even match what we try to accomplish now 5,000 foot or 7500t we living looking at 3,000 foot property um I'm I'm having a hard time I'm having a hard time to also with the Fab it's 53% coverage that was another one thing that jumped out and the ordinance is very specific to your point but if that's the case you don't need to everything has to follow the rule and just dis solve the board and everything has to fit within fit within the the ordinances the board is here to Grant relief when there's issues you can smile but it's but if you don't agree with that that's that's your opinion but the board is here to Grant relief when it makes sense when all the parts are taken in context such as this property and what it is now and what they're offering in return I disagree with you with the negativity of the parking of the parking okay two parking spots on new is a wi for time and in that spot right there that corner with with traffic FL the way it's being set up yes the set backs s all the way around it s the house itself brings a new vision nework Avenue and it brings a new way of making homes a lot more positive to this the um that I just I just it also goes to the master plan s of housing diversity this home the first time I looked at what is this you as you look at it though stop absorb it you realize listening it's actually pretty unique it's kind of a cool solution to a very tricking problem sure you can build you can build a house on that lot that forms and it's going to be it's not going to be functional it's going to be it's not going to be functional in a sense you're limited as to what yeah who can live in how it's going to be utilized it's it's I think you have to be a little more openminded about some of these things and again they said if you want to go by the boin just resolve the board everybody just give P sign off um and Don Donal Don will have no problems anymore be in court a lot that's probably true too that's probably true all right um um I'm going to make make a motion to approve this application and I know there's people here who are going to feel that that's the lot size the the coverage size is one in the coverage but with the vares that were requested the reasonable for for the project in my yes sir thank you um and the bishes can we review the bishes real quick Jerry can we go over that sure the the pre-existing ones are building our lot area and lot correct so those are the only two for that correct now there's the new VAR is required are for the ribbon driveway y the um the theous coverage tied together because we go over by a certain percent you can I I'll count the bo I'll count if you want you one we can do that get a little irritated um uh so you got you have that so you have the ribbon driveway the location of the driveway right because it's not on the short size you have building coverage you have impervious coverage and then I'll let the engineer handle the bo that's where it gets so you have um minimum front yard set back on both fronts that's two more you you have um minimum rear yard setback you have minimum side yard set the rear is an improvement slightly slightly improved about by 3 ft um the minimum side yard setback is only 6 in off what is allow um you know the the front yard setbacks are a little more not horrible but the probably the frontage on Madison is the biggest uh negative get 6.5 12.98 right that's a but so i' would say that one and your you know your your building coverage are probably your bigger one I also noce two El do on the uh on the plant at planting uh layout I see three new trees being put in the U planting sprp which a town usually asks for and so mention so how many is that I have [Music] seven we have second I have uh m fornell is my second um mror I'm going to approve Miss s I'm going to approve um Miss Riley I'm always the nice I will say that this is super hard um for me the neighbor engagement was probably the best I've ever seen so kudos to you for even opening yourselves to doing that the feeling from your neighbors was was incredible and I I just again I think that's a really good example to set the energy thing Ada I get it I have to be consistent between myself and how I've been building in the years I've been here and it really for me was the lot size but and I'm sorry to disappoint you on that but I usually the one that does that so you might be in C but I'm a no I'm sorry that's no Mr Marco um I would say that any application that provides us two parking spots on nework and uses passive house standards would be a no-brainer for me um I did struggle with this one because of the building coverage um but I think that the positives far outweigh any negatives and I am um I've been on this board for a while I've never seen such thought go into the environment um it warms my heart it warms my soul it makes me proud to work here and yes um counil Mahoney um I've only been on board for a short time uh and this is probably just about the most difficult application well the most difficult application I've heard and from from listening to this board I have to say it's probably one of the most difficult ones they've heard um because uh the house is amazing and um I think the input from Neighbors compelling to me um the problem I have is not that it's a it's a large house um because it's in keeping with what the the neighborhood has it's that it's an overly large house in relation to the size of the lot so uh I know it provides two more par parking spots but I just think it's too much house on the size of the lot so I am going to say no mayor Fox uh yeah I'm going to I'm going to vote Yes for a number of reasons one I think it has been a very careful plan nebor put and significant changes um the trade-offs I don't need to recover with everybody um significant amount of tradeoffs that are iner the energy component and the Ada component I think are novel for our town um the points about not substantial detriment I think it's important and last I just think it's just a really good fit for the for the that that house and Miss Bernell um first I want to thank all of you who spoke because Bradley Beach isn't just this group of people it's you because it's the people who live in the town and who speak up for their neighbors that are far more important than what this commit judges so I obviously am voting yes and I wish you all the best and welcome to actually when it's really truly a very nice t as I miss boo um I think just to reiterate what everyone else has said it's this is definitely a struggle because we look to um use the ordinances as our guide but each case is indeed to be um looked at independently and on their own for me when I saw the lot size I was leaning towards denial however I think that we often get applications that are houses being built for today and this house is being built for the future where very likely many of the things are incorporating will be es in the future um I feel that it's an investment into the town and is applicable to the master plan in allowing people to live here full-time and for me that's very important so I vote Yes and chair may I can't add anything more to it yes thank you congratulations congratulations so if I could just add something congratulations I [Music] think this was a difficult application and I'm I'm the person that stries I try to be dispassionate but however you voted tonight you really gave it a lot of thought profal in good night everyone yeah law