you ready yeah okay I'm making this announcement in compliance with the open public meetings act being chapter 231 Public Law 1975 laws of the state of New Jersey planning board secretary is prepared to schedule the meetings of the planning board of the bur of kennworth for the year 2024 has posted a true copy of the schedule on the bulletin board located the front entrance of burl Hall has mailed true copies of schedule to the local source and the Star Ledger and maintains a copy of the schedule in Barrel Hall accordingly the notice requirements of the open public meetings act have been satisfied in regard to this meeting would everyone please rise to salute the flag I pledge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liy and justice for all roll call Mr Maro here Mr David here Mr pantina hereo here Mr scary here Mr Dela here Mr dun here and Mr B here okay we have a quum to proceed uh first item approval of the minutes from our January 11th 2024 reorganization meeting someone like to make a motion to approve the minutes I'll make a motion have a motion by Mr Mao do I have a second second by Mr scary all in favor I anyone opposed okay minutes are approved Communications secretary no CH we have no Communications okay and we can move right into new business the evening we just have one um application to be heard that's application 23005 which is a variance and the H pora and Katherine Mendez 29 North 13th Street so do we have the applicants Andor their representation here this evening if so 2 3 four 5 good evening good evening good evening good evening I would be George Cortez my wife Cather mandz and Gregory um general contractor for American PL and remodel will will all of you be speaking tonight cuz I have to swear into people who be speaking I believe at some at some point if some question get cuz it's our first time in the rodeo he might be able to speak so yeah why don't I Square all three of you in that way if you need to jump in yeah that would be good uh we can do that Mr Portez why don't you raise your right hand please with regard to this application do you swear the testimony you're about to give show you the truth yes and if you could for the record spell your name uh uh state your name spell your last name uh for uh my last name is portz p o r t es portz thank you Miss Mendes you raise your right hand with regard to this application do you swear that the testimony you're about to give shall be the truth yes okay uh same drill state your name by your last name please Catherine m e n d e d and just so we're clear you're both you're the applicants and the owners of the property subject property okay sir if you could raise your right hand uh could you state your name and spell your last name please first name is Gregory last name is Dono last spell d o n o f r i o your first name is Gregory yes sir all right and you are the um general contractor yes sir GC you'll be doing the work for the assuming it's approved you'll be doing the work yes sir okay I think uh I think we have enough you want to give him some guidance or uh why don't one of you or both of you tell the board we have plans we have reports so the board kind of knows but we need to hear from you what you want to do uh how you want to do it why you want to do it things like that and anything technical in terms of the wood distances uh we can talk to your GC about sounds good sounds good okay um so yeah we uh recently U purchased the property at 29 nor Ching Street um with the vision of making it our forever home um we're um I would say a young couple no kids yet but the idea is to grow into into the town into the city um become uh I guess one of uh Ken's finest I guess and contribute as best possible for towards the the Parish of the town and it its Community um our our our vision is um to you know to to adapt this this property or house into something that molds into our lifestyle um make it comfortable for us and again to our as well as to our future offsprings um we're uh looking towards the property now it's a one floor um one and a half has an attic and we're looking to add a second um second level second level and a half I guess cuz it's an attic um and also expand towards the left of the property um to bring the garage forward um and sort of square it off um the idea behind that is to just have ample space as I mentioned um uh adding three bedrooms one master bedroom and two bedrooms in the second floor um first floor um kitchen um living space um and the garage of course as a convenience to to to have I guess um uh the attic it's a it's a storage um for seasonal Goods uh clothing equipment snowboarding all the good stuff we're en active couple uh we like you hiking and and and outdoorsy activities so it's uh basically it's going to be on use on finished um just a matter of storage and and whatnot um given that we're using the basement itself um the space that we have as additional living space um for for ourselves for entertainment for as playroom uh for the future for the kids and all that good stuff so we want to have it have the availability on the attic to use it for that purpose um and that's what comes to mind we I know there was concerns in terms of of of the project itself um based on the planning report um if you want to go through the report you do that like step by step okay okay yeah um so yeah so the the planning board uh had comments as well as to um the renovation itself right um one of the concerns that was brought up um was the the well I'll read it all the property slopes away from the house in the rear and also from the house towards the street in the front so um the question came about is there any water issues on the property any concerns about water in the basement how will the runup be directed so that there's no impact on on this property and or other neighbor um homes given the significant expansion of imperious coverage um or any storm water detention retention system proposed um to this date um luckily we haven't had any issues um uh the the preventive measure that we would take uh given that the property um doesn't currently have one in the basement is adding a sub a sub pump um just to make sure that we mitigate any future risk of flooding within the property itself um and we are um maintaining the same existing U grade of the of the property um that's not being amended or worked on and also keeping the same drainage pattern using the positive slopes of the property that it already has to um to deviate water to the front of the property making sure that it doesn't affect any um of the Adent properties next to us um um our architect who who we consulted unfortunately couldn't be here for to the private commitment but um he attests that um the renovation um wouldn't have any adverse effect on on on on the properties adjacent front or back um and he could attest to that and and submit it to the planning board on a formal letter um from from him with his endorsment endorsement and his company um so we don't have any concerns in that regards um another concern that came up was the uh the existing front roof um front entry roof um the property right now has a little porch um for that entry roof um the question came about as to the front yard sback um how much does it currently extend um at the moment or currently in time it's 3 ft in into the front yard setback and the proposed renovation will maintain the property at that same level it's just minor changes to that structure just modernizing a little bit because it's dated um there the concern in terms of will any trees would be removed from the property um the answer is no we recently um moved and committed to to to replant and as the borrow um demands or or expects um what what plans uh to the Slate walkway in the backyard could you define what you're going to do in rep it uh sure so I don't have the specifics of the of the tree itself you know but we did receive a list from the authorized trees um it's it's a a it's a healthy list maybe page and a half um but there's it's there um we were committed to to planting one we propos to planting one in the backyard um we submitted to the board as well um well to the township um so that should be in in the record or in the works um somewhere but uh but yes we do have the the approved list by the town and we will be abiding by that in terms of um the new proposed um add-on tree that we will be adding um there is a slate walkway in the backyard currently um which were um in the proposed renovation plans are is deck that is going to be built on top of that um so the question came about what are we doing with that existing slate walkway and we're my first um Choice was to just keep it um and utilize partial of it um towards to guide it or or reuse it to towards the the entry of the deck itself um but every any other um slate um material or or or pathway is just going to be covered by the deck itself um the Masons are going to be built around around that area um so it's it's it's not um yeah it's it wouldn't be a concern to us but if the planning or the building department deems that it should be removed in order to properly place the deck it should we would abide by it um if that decision comes about if you were going to move it someplace else in the property uh your plans would need to reflect that because that would be counted towards cover if it's under the deck okay so we would need to know that before you conclud um so uh another concern was uh the existing driveway currently is in in in poor condition which we recognize it's it contains cracks and needs repairs um as well as um it was identified that it doesn't meet the width requirements from from 8 to 9 which is the the Township's requirement so yes that would be part of the of the of the work and a renovation that will be done which is meeting the adding the one foot width that it that it currently um um is missing uh we would um uh the the proposed um renovation will be um pavers break a p the pavers um we've seen properties in that in our street that have recently also undergone recent renovation um which um I would believe that it's um based on on on a on a selection of the town's approval that that works so we would abide by that um using as well obviously the same slope that it has not um not touching the grading so that the the runoff still goes towards the front of the house as as it currently does um aiding to towards a run off water um and not assisting to not affecting other uh adjacent properties um by the way you can leave it at a if you get the board's permission because that would be a varing situation but right now you're saying you're going to put it in yeah yeah to conform with thank you um so the proposed um application another point that that was brought up was the proposed application represents a significant expansion of imp previous uh imperious covered um if there are going to be any storm water detention or retention system system proposed um and we will be using the same um existing drainage pattern as I previously mentioned using the positive slopes of the property which is um the forward facing um on the front of the house and the backward um um motion of of of the property itself and we'll be placing um just strategically placing the gutters in a way that it properly guides the water the on offs towards the front of the house to ensure that that positive slope that it has is used to um I guess run the water towards Direction not affecting other adjacent properties um as best possible of course um there was a concern that was brought up as well on the plans where the second floor U planed that would be sheet A1 shows a large x across the back of the master bath um and to confirm that is a shower it's a it's a 6x1 um shower that is being proposed uh to be built on the on the master plan so that's what that X was just to kind of indicate what that [Music] was so um another concern um that was brought up was in terms of the proposed P um that if you're forward facing the property it's it's on the right hand side um which it's it's it's I guess it exceeds it will only leave a twoot wide clearance on the right side of the house that was a concern uh right now there is a Stairway there which is built to access the backyard and what we're proposing is enclosing that stairway to make it a semi Walkin Pantry just to kind of have that shelf storage um uh we we do recognize the that it presents a limitation um in terms of back cour backyard AIS um but by by our our our experience this far it hasn't been an issue um on the left side of the property we still have a healthy 3 feet um that we managed to to make it work in terms of of the the space and recognize that and appreciate the the highlighting of that of that of how that can be presented as a challenge in in future decisions of what we aim to do with the property in the backyard um but these days there are ways to navigate um access to the backyards if you want to put a pool um for that matter there's there Crane Services and that could wheel things over um a property and all that good stuff so we're prepared to and we recognize any challenge that that may present so if it's um if it's obviously approved by the board we could abide by it um uh there was another concern in terms of the HVAC unit um due to the limitation of the of the the side setbacks where where would the HVAC unit be placed um in the answer to that it's on the on the it's going to be on the back of the property um towards the towards the uh backyard setback per se just you can give you a visual um it wouldn't it wouldn't intrude or it wouldn't be um anywhere the the the limitation of the side uh backyards um the there was a front lighting um shown on A2 that was brought also as concerned um uh yeah the town considered that it was severely lit um or glare um in normal areas um but those those lights in the property um are downward facing low glare um just simply to Simply ambient lighting not really like a focal point where it would be um glary or or cause any Distortion to neighbors or bothers [Music] um I believe that would be all the points from the that would be there that concludes sort of all the comments of of the reports yeah [Music] oh yes um so the third floor the third floor window um on on she2 um that's on the that third floor window is specifically on the on the portion that I mentioned that it's an unoccupied attic the reason of that window is uh for it presents two purposes one it gives to the house a more uniform look given um its structure right it makes it more appealing um you know external wise and also aid for natural light to those section making also aiding towards the Energy Efficiency of the house you don't have to put so much lighting to find things in the Attic or whatnot we're not concerned about the window cuz there's not a varing situation okay uh but so what's happening in the Attic is it climate control um it's no I mean it has the no I wouldn't Technic no no there's no to my recognition there's not going to be no um I forget what that is insulation that's the there be heating R um the the AC Handler handlers are from there it's a two Zone but it the Handler of the AC unit feeding the second floor is going it be there but will it be air conditioned or heated the no no okay what would be the square footage for the AC um gu that will Define it's a third floor or not a third floor CU it has to be a certain ratio in order for that to count as a third floor um I I believe I don't have the exact um square footage of that I can certainly um get that information from Architects but it has this it has the same slope design that we currently have right now in terms of our cap of our CAP Car um so it's it's sort of just like a middle portion if you make an Alleyway um because again it's it has it's it's going to have framing towards the both both sides left and right of it um so it's just it's it just offers that that extra storage space were you able to provide a drawing yeah we can for sure you have done yet we have not done yet okay thank you we can yeah I was just going to say anything else supporters that you want to bring up this point otherwise so the the board members will probably have questions so you might want to stay there I also did report I'm not sure you have yes have it with me but yes there's not that many questions was covered under Brian's um uh letter as well but uh just keep clarify uh some things number two under site plan um currently the steps on the side Y and right now it's 3 ft from the lot line and you're going to reduce it to you're going to build it out make 2T correct the the side steps right now yes are are about yeah 2 ft no they are about they're they're 2 feet the the one ex in the backyard right no the one on the side next to the um next to the next to your neighbor sorry next to your neighbor next to neighbor right yeah so the I mean it's not marked here but it's it should be two 2 feet and some 2 and 1/2 ft not a full three but 2 and 1/2 so we're simply enclosing what's existing not expanding not shortening we're using the same block structure that's there Foundation Foundation okay and um you have uh you don't have any issues doing a grading permit as part of your submission if this is put down just to main that you are gring away from the certain properties and uh what [Music] not all right then uh you won't be um doing any improvements to the existing utilities you're just going to be using what's currently there in terms of going to the street correct and that's all I have apprciate okay you're done Mr qu all right um board members do you have uh anyone have any questions I got a question oh sorry um I didn't see I'm just looking over here um tomor go ahead that's okay uh first of all welcome to kennworth uh you picked a great town to move into en R family so I wish you well um can you talk again about the pantry how it's over uh extending out um and you said there's stairs that you're going to cover are the stairs going to be under the pantry could you describe that a little bit more so um the stairs itself the the I guess the highest point of the stairs offers what that platform would be so it's it's we're boxing it in right so there's that's as high as it's going to get cuz it's it's comfortable enough that you that you can utilize that same door that say to do like a walking right opening and walking in but these stairs are on the inside of the house not outside on the outside I'm sorry I'm sorry interrupt you I trying yeah M Mar I was just going to say if you have sorry A2 and you look at the existing you'll see little side porch yeah you know that's the I don't know if it's that picture that I was looking at that had me confused um oh so this is what you're describing the highest point there's going to be clearance here okay thank you Mr David yep okay I can imagine it now no more question okay Mr Del okay uh you indicated that there's going to be no storm water detention or retention systems built in in in addition to what what it currently property currently has no so you're making your house bigger which would mean that more run off I'm going to assume is going to come off the site basically right now you have your gutters rain goes into the gutter comes off right when you add what we call imperious structure the water doesn't soak into the soil and it kind of runs out into the street increasing water flow into our STM Water Systems making a flooding condition what we require when people do dishes is we ask that they do some sort of detention or retention I'm not sure I forgot which one it a retention pit detention detention DET detention pits usually at utter points where runoff comes out of of your new addition or whatever to hold some of that water so it do doesn't increase the runoff flow I hope I'm explaining that right maybe maybe the GC can eventually poost water shed so you have certain amount of water coming off the site now because you have a smaller house you make a bigger house you're going to have more water coming off this is what is a big problem in Kenworth it's prevalent throughout the burrow is what happens is is people build bigger houses they negate the fact that there's more Tove up the site they concrete the backyard they add more imp will be called per structure that water she flows or runs right off and it goes into our existing storm water Gunners who have no we're not sized for all that increase what happens is you get things go from a higher concentration to a lower concentration which basically means everybody's facing us so we have flooding uh you'll hear about it as you stay in Kor more places flood all in kwor it's it happens uh whenever we have a big rainstorm a high frequency rainstorm so it's usually a good idea that when you build a bigger house to say you're going to or include some detention and the engineer could give you the sizing uh if we do drainage CS I'm going to assume drainage CS are going to be done I didn't recommend it because mostly for this no no listen I'm just it's just no no I I I I understand but for this project um they're working within the same footprint for of their house and the only addition as I can tell and you can is the garage edion is going over the existing dve you're looking at an imper an increased impervious structure of over 30% double the amount of existing we are close to uh the maximum [Music] coverage and I hate the on this but that's a significant amount if you said 35 40% I said [Music] prob I mean I'm sure you can agree with me that is double the amount of runoff that that's going to come off I'm going to assume or maybe I'm wrong uh but there's if I'm sure if we do a quick hydraulic out on that I am sure the values are going to come out much more increased than we care to have in our I would never disagree with the mayor's calculation anymore but but I mean listen it's the thing is is it's it's uh preventable by adding certain these things called detention p which I'm and basically it holds the amount of water coming up so that it doesn't flood the streets something more gradual than yes and perhaps what the mayor is thinking about is uh since a new structure is being built uh new gutters are going to be placed in and they're going to be directed somewhere new or could be directed somewhere and perhaps that run off could be centralized to one location and perhaps that off could also be gathered under a driveway since it's going to be redone what I'm think he me before thank you I think your words are much more El about mine I'm sorry not sure that but well for sure thank you for the comment I'm sorry that's it's something to consider when you know uh again everybody builds a bigger house and while it's it's you know maybe just a little bit on your house but now everybody builds a bigger house and now that is all increased so again if everybody does it a little bit in their little property guard you won't even see it let's put it that way sounds good yeah for sure we'll take it into into account chair since this is a varant situation the board would need a decision as a condition you can do as a condition you can say that as part of this application you can add a SE pit to like the the property and connect all the uh proposed to that we we probably want someone to say that maybe the general contract if you have any when you testify if you have any general or more specific ideas then we can incorporate that into a into a condition it does do you want I I personally think that that's probably the best idea I I've done projects where we kind of done that same sort of U same sort of like work to kind of slow down the water so I think the water bits um is a good idea is that something that we just go back to the architect and have them specify something on on on the plans or do we have to get an engineer involved yes so we just I mean if the architect wants to take a crack at it but okay if you can then yes engine here okay just license so we can we can say that in the event this is approved there'll be a condition that you will address water water water storm water management on site that's right either flow to the street yeah satisfaction to our engineer okay um thank you you're welcome back but it's doable from okay yes sir thank you any other board members have questions Mr it yeah if there's a way just to kind of streamline this and get to what we're actually looking to approve here um I don't know if maybe Kevin can help us with that or we go list there there's a handful of variances maybe just hit them Point by point and I guess yeah I mean that that's good but I mean it's not a specific question I guess but my biggest concern is further reduction of sidey guard setbacks me 5 ft in the barrel of Kenworth is small to begin with it's allowed so you know is is what it is but having said that you already have your nonconforming on both sides and to further reduce that non-conformity even further is a big concern to me looking at the existing you do have the porch there but uncovered porches are often extend into more often in the front than on the side but extend into the um into the setback and that's allowed um so I'm assuming that's might be why that porch is there to begin with and it's not it goes beyond the the 5T but um any right yeah but in any event to now enclose it and you know further exacerbate the non-conformity is probably my biggest concern so I guess the question would be you know have you thought about and are are you willing to consider either reducing that extension um and and not use the existing footprint print or eliminate it completely or leave it just as a you know a porch I don't know if that works within the interior plans of what you're doing I haven't really taken a close look at the inside um but overall I mean the project looks beautiful the the addition looks beautiful but for me that's the biggest concern yeah and if on that when you look at it from the front elevation I know uh you had testified that um or there's a little um ambiguity as far as what the setback is two feet or three feet if you look at the um just from a scale uh point of view um the the front the front I mean the side porch looks smaller than what you're proposing for the pantry right you know and I'm assuming these are both to the same scale so to me it does look like you're making it worse I think and what what I'm looking at is I think because that's a chimney in front of the step it kind of takes away from seeing that it's the same same size so you're right Frank that beingin and is smaller than the the the side that being said I you know I kind of agree I like once you squeeze that area especially when you when you build it up and you know if it's somewhat open and there's steps there you can lift up your garbage can and get it over if you had to you're already limited to 3 ft on the left side I just think it's just for you I'm a builder myself to have to be cut down to 2 ft there and you're going to and I Reid rebuild my house here in korth as well um and if you are limited to 5 ft to start with cut it down to 2 ft you're not going to be happy with it come next you know when the house is built I'm I'm just you know I I think you could find another way to within the kitchen design get some storage well if I can just interrupt for a second is there an existing fence or do you plan on putting a fence along that property line because you have a fence to the to to the property line and only two feet I mean somebody who's more than two feet wide can't even walk into your backyard so it it it is a major concern yeah I don't think you'll be happy with it would you consider if we shorten it instead and instead of making it more of like a walk-in Pantry so that it's I just feel like for our lifestyle on for organizational the flow of just cooking and being in the kitchen from a wife's perspective um to keep everything organized and for the easiness and distressing of our flow just to keep some kind of footage as just even if it's shelving I don't need it to be a walk-in so perhaps reducing it a little bit so that I we get something in that space the kitchen itself doesn't have much storage because it's the open concept so so I it's just very hard to to organize and and build I guess our Dream Home what it's going to be our flow and where we're going to be feeding our kids and make a comment yeah Mr I like your i' like the layout too um and I'm not a builder but I am an engineer so um and um I know um you know what the board wants or doesn't want what you want to compromise with and I'm just throw it out because somebody's going to throw it out what about putting a Pantry in the back or what about um it's just a thought just saying or I get it that you want access but I mean as you have now you got the front access you got uh the back access off the deck you got the back access off the the side of the deck into the office so you got have a couple accesses what if you just took the chip the out took the stairs out make make a wall there and then I get it that the stairs are going up there so you have access you don't want to block the stairs but on sheet A1 uh in that pocket on the side of the stairs where the 6 fo three spaces why not put it there I mean I get it about organization I like being organized too and um again I'm not telling you how to design your house what if you just did it like that it just like that yeah even if this if this wasn't here you'd have a pantry here you could also got the steps here no I mean I'm looking at it yeah right no I'm just no same as you I agree you do it right just just close it up I'm sure you could find yeah you have an open layout I'm sure you could find space for I mean your pantry now would be 3 ft by 7 and2 ft I'm sure with that layout yeah I get it new you know Young young people want want a lot of open space but you could probably find it inside you really could I think well plus just think of this also if you reduce it in depth okay you're never going to be able to utilize the depth of the space so so you're again I'm I'm I don't want to get into it is it is it is a concern the um uh as far as when when we're looking at overall um uh the overall application and when there is a concern about additional impervious coverage getting taken up this could be a potential tradeoff that the board would consider um and it's definitely something I you know I think that you could find some space within within what you've designed there so it's not that big do you have any any comment on that were you following what our Builder and engineer was saying yeah I I kind of felt the I kind of I'm the client has to be pleased but but well the Cent needs approval from the board true that's more important I knew it was going to be tight and I kind of felt the same thing and I thought maybe an option would be kind of shortening it or making that space a little bit smaller but I also think we have the option of getting a little bit creative when we're doing the kitchen design and we might be able to get some floor floored ceiling pantries somewhere in that kitchen so I think that's like uh a probably a good approach to this because that 2 ft is kind of tight and I do agree I think if you do put a fence you know a bigger person is going to have the problem going through on the right side Mr scary so the one concern I had is that whole street everybody's garages are set back and everybody who does additions moving forward so I believe your neighbors still set back so somebody buys that house down the road and they want to do the same thing you're doing extending your garage now you're going to have three feet all the way to the front of the house and two feet on your side that's going to be tight for both it's going to just look horrible if we agree to remove the pantry um within our hearing today do would we finalize the approval for negotiating what do you do for a living the board is allowed to impose reasonable conditions on an application if you propose a change to the application in the course of the hearing then the board would consider what that change would be and so far you've testified to a number of things that you're willing to do should you wish to make a further change or you can wait for the board to impose a change should they wish it's their decision all them together for instance Water Management we said you we don't need to see it this we don't need to see it now but you've agreed to do something pursuant to Christian's approval if you say we will uh maybe keep the 3ft setb if the board is in agreement with that and you can we can the board could condition it on the fact that there will be no further further side yard incursion um and you could go to your architect so long as you don't change your plans in a crazy way uh we you go back to your architect and take care of that side yard and do something else with your contractor you know it's right and and to build on that typically what happens is whatever decision is made here A and A whatever okay if there's any changes imposed by the board or by the professionals like you said you'll have to somebody architect engineer whoever's doing it somebody's got to make the changes to the plan through the satisfaction of of the Barrow engineer and and with the planner you don't have to come back to the board but before you get your building permits they have to be satisfied so at any point in life you want to do it but you know before that guy gets you know shov on the ground you know you're going to have to show the pit or you're going to have to show that you're taking the pantry or whatever I know what you know whatever you're going to do or or that variant situation would have to be shown prior to is part of resolution yeah part of that's where I meant building perit right right right it's part of resolution compliance which is you showing um everything that is agreed to in the uh the approval or dis approval or whatever whatever the result is and then you modifying these plans or whatever and it goes back and uh until you get resolution compliance until you satisfy all of our request and all the hearings and the comments you know he writes a letter and then goes to the building department and then yeah you get you just so you know every board I work for it's rare that a plan comes in and doesn't get some modification it's just when you combine all your heads you come up with something that's pretty good so this is not unique uh but we would if the board so chooses they could say we we approve it but we don't want that we want to keep the side yard 3 feet rather than two and then you go I don't think that's what we're saying no I'm saying we're moving we're moving the steps moving the steps moving the chimney just leave it like no patio here just a from my perspective I would leave it at we're you know we have to leave the existing nonconformity as is and not increase it in any way shape or form that's what that's what I'm looking forly current and they have to figure out how to do that so they're they're 3 feet now yes and they were proposing two two so if we say go back to don't do any change there then they're they're back to three right or as I stated leave the existing yeah the existing non right existing not because if you enclose it then you're making it worse right right right yeah if you a suggestion had been to just put a wall there which case the stairway becomes move right whether the applicant would remove it or not the board what or not right right which would actually widen exct it would take a out to got an nonconformity on that part anyway there is a phal barrier exactly yeah what do you what do you uh um we're we're flexible I mean we want to adhere to to the planning board to the building dep a code um so yeah if there is um there's flexibility on our we just remove a scrapit as a whole um as suggested um so yeah that that giv this necessary adapt to that I like you're thinking I like if you were to remove it would you what would you do with the existing stairway no we just add to the setback right it will be sway AIS better remove the St you remove the St UNC conforming on the right side right stay so they're they're um they would consider they're consider they're flexible to removing the the proposed pantry and sealing up the wall demoing the steps and removing the all right so do we have any more questions that of the applicant if not then maybe can we somebody Su we also put that we make that in struct uh surface now so they don't put concrete orre lawn make that impervious that area don't put side is the side yard cous is the side yard cous now is is there a current sidewalk say I mean from my perspective I I don't know this is just my opinion I don't know that I would care about the sidewalk I'm more concerned with the setback not the side they actually is sidewalk perspective they're within our re yeah they're higher but they're still they're still okay under our requirement if you look at the plan there's sidewalk all around so taking an out you're dealing with that by by doing um they do the the so all right all right so Mr O'Brien you want question go um with the revised I'm sorry the submitted basement plan and that's one um I know that there's a full bathroom down there um just curious as to why you're proposing a full bathroom it's not typical in many and the board is always concerned about a potential use for a uh more than one family no it's uh just personal preference in terms of that um accessibility easiness um we have a yeah big family visits um so yeah the more toilets the better as do you want me to go through the proofs with that um well I'm trying to see if we had a point we have to open the meeting to the public so why don't we do that right all right do I have a motion to open the hearing to the public Mr Mau made the motion second Mr pantino in favor say I I anyone opposed okay the meeting is now open to the hearing I should say is now open to the public if anyone would like to say make comment or ask question please step forward state your name and address for the record how you do go galdi Robert galdi 39 North 11 Street I also do have a legal interest in the property with a property within 200 ft of this project are you going to be just commenting or testifying or what are you going to do commenting as a neighbor all right much good okay um neighor you live behind my mother um when I would live there your house was crab's house cuz she had crab trees off through the night um I my knees on your on these steps that we're talking about and there used to actually be aluminum overhang over so you crack your head on it too um the statue limitations just pass um it's not there anymore um I like what you're saying I think the board has giv you great advice um what Mr D said to you yeah 13th Street is a beautiful Street has lots of trees lots of cover [Music] but you're going to need the [Music] water tell you it's not that bad and don't let your architect do it we've been we've purchased it since September so we've been through a get engineer I'm Mr gal can you kind of direct it this way not have a side conversation with no no no they they have a very good plan dou and I did a great job uh one thing I'll say I would agree with the board also to remove the U the side Pantry um maybe their 12ft door could become a 9ft door and their cabinets could get re work and they can have the pantry that they want um I believe it's all um applications that Kenworth need a a pre and post uh grading plan is that correct when you're changing the impervious coverage to a certain percentage that we were requiring a while I'm ask that's why I said because I always thought we did drainage CS whenever I'm not even saying drainage CS they'd be nice but just pre and post grading so that we know um I think when I used to sit over there um I mentioned that a few times uh because it just helps cut down on the problems with the neighbors um there's not a big problem in the back but at times and when there's a lot of rain towards the back of their property cuz still got a big pine tree behind property right no the other guy behind you anyhow there's a lot of water that develops in the backs of those yards between 14th and 13th whether it's my mother's yard the lady right behind him maybe somebody you work with um that area gets wet back there so just a pre- and post um grading plan so that we know it's not changing and it's not going to the back or the sides um I think that would be a condition but otherwise what they suggested and as a kid yeah take the steps out so then you could ride your bikes in and out and get through there um I think uh as the board suggested there's enough room in that kitchen to get what they need and taking away those side steps would be great and it's a wonderful plan thank you Mr anyone else in the public wishing to ask question make comment seeing no one I'll make entertain a motion to close the uh hearing moot the public to the public yeah Mr DeLuca made the motion I have a second from Mr scary all in favor say I anyone opposed okay um I guess now we're at a point where the board will need to wrap it up and make a determination of uh what direction we're looking to go in terms of approval denial approval with conditions you want the applicant to discuss Pro it all um or are you satisfied if it's the board's prerogative not mine so board members I mean if if if you have to by law to make them fine but I think we kind pretty much have a general nature of where we want to go I think and somebody should just make a summary either Mr iGo or Mr likes I could ask the applicant a couple of questions yeah the best way to do okay yeah why don't we do that then okay a couple of final questions this is because there's a variance uh the board has got to find uh that this meets the goals of the municipal land law we answer to a higher power the state state has a number of rules that c us we can only Grant variances under certain conditions so I would ask you one of the goals of the master plan is to ensure the new residential development is consistent with and compatible to existing neighborhood category neighborhood character excuse me uh do you believe that this application meets that call yes uh in terms of a hardship based upon the property so do you believe that the layout of the house now which is a pre-existing nothing foring come constitutes a hardship that prevents you from developing the house in a conforming way yes okay and in terms of the negative criteria uh do you believe that this application would have any negative impact upon any of your neighbors no the community is a whole the master plan of his own wance no thank you thank you CH okay all right board members either one of them make a summary well like I said what how are we proceeding so does someone want to again make a motion so you make the motion first you make no no do you want to say anything to wrap it up or do you feel that everything you've heard that's been discussed of says it all than each and everyone for your time for your consideration for for reviewing this and hearing us today um just thank you I don't know what your backgrounds are but you did pretty good job of Tes all right so now I I feel that again there's EI we have a few options someone looking to make a motion for approval approval with conditions or denial so if it's with conditions then we can summarize what the conditions are I'll make I I'll make a motion to approve this application with conditions that we discussed which are going to be summarized soon definitely taking out the uh Pantry on this right side yard and sealing up that wall getting rid of the steps and uh providing the seepage pits as discussed uh on the floor and whatever else I miss okay so do we do we have a second um I would second My overall if yeah well the other conditions that in the event the board approves it the other conditions I had were obviously are normal conditions pay your taxes the reports the reports right um if they landscape or plant you want them to run it by you or is that the applicant has offered the plant one in the backyard okay um but that's not required okay so it's up to the board whether they want the two or not they're going to do it anyway that's up to them it's not the VAR I think from what I understand you guys cut a tree down correct so the burrow requires you to that's really separate from us okay um will be part of the variance yeah right it would be part of resolution compliance the driveway they're going to add a foot to it in width and they're going to rep Spruce it up uh water management to be reviewed with Chris no do you want a condition no heater AC in the Attic or is that an obvious no heat in AC to service the attic the third floor plan has got to be submitted right okay so that we can determine whether or not a is required for the livable area we had that information tonight we could close that out but do you understand that we need to see a plan or a sketch of the shows the area of the attic and the livable area meaning that underneath a slope of a certain pitch and I can look it up and give it to you in a moment um but that would have to be pared so that we can be sure there's no variance involved otherwise we have to go back to the board okay but we can also show you would show that there's no um the Water Management as we discuss and then the site to be graded away from neighboring properties I think permit to be approv for chish and that's that's what I have Frank did you want to add to that just overall comment I think it's a great plan and and um you know with these I'd be willing to second the motion with these um conditions that we've discussed Nick had elimin elimination pantry and the side steps yes yes I Nick had said that before so I didn't want to repeat it but y That's it so we feel we have did the board wish to consider uh the Slate walkway under the proposed got a question in the back is the the tree being correct so that Tre a lot to be removed by town or that's a shade Tre no so the they have to replace it I'm not sure what the town ordinance says about where it has to be or how I know they give you a list of trees property is anywhere on the property no anywhere if a Front Street tree is being reload and that wasn't I knew things were being done but it wasn't obvious uh then it has to be replaced on Street it has to be a street tree every 30 ft along the property yeah it's a pretty big Tri yeah I'm not sure that's question for this Bo no it is right it's for the board was the TR removed already I thought we said it was removed yeah it was done already so they had a permit in the past to do it correct then he did the trade yeah okay that's what he said earlier so right still have to repl he still got to replace it has to be replaced one a Time guys Mr dun had has to be replaced on the street there that is correct kind of and it's a 50t Frontage so one tree would be one tree would be the ordinance there is a specific ordinance you have the there was just to add a there was a survey lot submitted to thee remov itself it didn't indicate I mean the survey law indicated where the tree was going to be replanted I my mind cuz we decided front back I think we went towards the back um and that's how we submitted it however whatever adustment needed we buy by it but um but we did submit a survey lot with the pinpointing of the tree in application to remove it when it got when it got okay that is an advisory from shade tree uh and um we thank them all for their generosity of their time however the ordinance does require a street tree every 30 ft so that would supersede perhaps what the board sha Tre was considering perhaps a plan of sh tree I didn't look it up I asked you want the citation all right so we have we have everything and you mentioned walk in the back do you want to do anything about the Slate walkway that will be for under the proposed [Music] deck meaning remove it remove it or leave it according with as what were your plans the Slate tree the Slate under it's there um it's going to be no use for it we building on top of it why do we again I asked the board what do you want to do the imperviousness if it's when the deck is considered impervious but there are [Music] openings and got slay underne still board do we feel it needs to be removed or leave it as leave it alone won't be any worse it's a board's decision I know anyone any guidance come on um I like to see removed the more we removed the you know conrete you remove it'll help you with the seepage bit if you if if you remove the slate and then you can repurpose it well if you wanted to but you can do whatever you want with slate but I mean the way the way your plot plan looks on your on the front page after you put that deck up you already have concrete accessing the side of it that's in the back of the house so you really don't need the Slate walk walk at all is is a slate walk um set in concrete or is it open is it just sitting in the dirt in the ground no it's fixed it's in the ground yeah but it's not is it have concrete around it like oh no you can just lift the slate and yeah should be easy to remove it's necessary it'll be remove if it was my house I'd rather see it out yeah all right so and that as a condition okay got it do we have it we have a motion in a second any further discussion all right roll call Mr David yes Mr Mara yes Mr pantina yes Mr Mato Mr scary yes Mr DeLuca yes Mr dun yes and [Music] Mr thank you we'll do a WR resolution for next meeting yeah the actual formal resolution will be voted on at our next regular meeting and then uh you'll be resubmitting to Rie we're going to need to see Plan before the next DET board to look at don't after the resolution adopted through the [Music] to Pantry so the uh resolution will be adopted in March uh after the resol resolution is adopted uh the there will be a notice placed in the newspapers that informs the public the resoltion and then there's a 45 appeal period after that anybody could um file an appeal of the board's approval so 45 days after that has been published presuming there is no appeal you are completely clean and clear you do anything before that you do [Music] so legally leg construction would be after the resolution has been adopted the notice has been given the 45 days go by and then the construction permits you can apply for them but they would not be issued until then um the board could recommend to the construction department and it has no effect other than advice the board could say to the construction Department if you want to issue permits you know it's up to you and we really don't have a stand on it um but usually it's best to remain silent but to be 100% safe and if you can wait you might want to wait until at least the resolution is adopted and well until the resolution compliance is is satisfying too end of April so you're looking at the end of April early May for all legalities to be done but you need to talk to your architect your Builder and any other advisor you have and decide how to proceed forward and you can call Mr rig o i at any time we'll be happy to tell you what we know appreciate it thank thank you good job have a good night all right uh next item is comments for the good of the board does anyone have any comment that they uh desire to make okay see no one we don't have any we have dkin DS and the fal home in the hopper right now the feral home was in complete we have not received anything found from them at this [Music] point met with number of people and they decided to their so when they come in with new plans there'll be another technal and then after that then it will be subject to hearing by board so right now we have no business for next month that I am aware of in terms of application okay any update on not to put you on the spot on the master plan anything can we address that right after the meeting yeah okay all right so that means we Maybe Can't well no we'll be here for the resolution yeah at a minimum okay um I'm sorry okay business Maria oh I didn't know that are you uh let's stand on the record from there are you Maria who I spoke with on the phone uh you represent is it um FTV realy FTV realy yeah I didn't want to interrupt this no no no no no wait what what is this about cuz I'm going to keep this meeting in order that's not on the agenda to have further discussions we talk right after right okay so the next item according to the agenda is to open the meeting to the public so do I have a motion to open the meeting to the public motion motion by Mr scary do have a second by Mr Mao all those in favor say I hi okay the meeting is now open to the public if anyone wants to make comment please step forward state your name and address for the record since you got me here Robert raldi 39 nor 11 Street just a reference about what you're talking about in the workshop definitely temporary maybe it's any recreational device in the driveway needs to be removed but as a skateboard and I did that I rode my skateboard down 16th Street and I tackled myself up of the fence on the did about these building um but if you set up a skateboard r it got to be up for a couple days cuz you got to build the whole thing put it assemble it and it's not an angle it's a radius um a couple of days but then it goes away and yes it should be temporary but maybe not every day because if it's truly skateboard the guy wants to leave it there a couple days like over the weekend and put it away we didn't reason with that I'm sorry forage to say like within reason so not hey guys can we kind of again try to stick this is comments from the public so no no discourse back and forth just make your comments and some type of statement of that it's maybe not over the height of a garage door opening but yes temporary but if it's truly referencing skateboard the guy has to take a while to put this thing together to do it so maybe it's a couple days then go put it back in the garage thank you MRK you anyone else wishing to step forward I see no one so I'll entertain a motion to close the meeting to the public scary second by Mr Mao in favor say I okay meeting is closed to the public and at this point I'm going to entertain a motion to adjourn make a motion Mr scary makes the motion Mr maio Seconds all in favor say I I anyone oppos the meeting is adjourned thank you gentlemen and everyone else have a great night you too Mar a great job