##VIDEO ID:4804qnQSpTo## e should be aware that such a variance can only be granted after showing that special reasons for the grant of the variance exists and that variance can be granted without substantial detriment to the zoning plan of the township of Livingston you should also be aware that in order to be granted such a variance you will require an affirmative vote of five members of the seven member Board of adjustment excuse me other variances require a majority of four members to grant that variance if you're an applicant for any variance and your variance is denied by this board you have a right to appeal to the superior court of the state of New Jersey within 45 days of notice of decision and that Court May overturn the decision of this board if your objector to any type of variance has been granted you too May appeal to Superior Court of the state of New Jersey within 45 days of notice the decision if you do file an appeal I ask that you please provide a copy of your complaint to the planning administrator Jackie Hollis pursuant to requirements of the open public meeting meeting act also known as the Sunshine Law adequate notice of this meeting was provided to the star lger and West cess Tribune and a copy was also posted on the bullon board and municipal building in addition to having notice posted notice this meeting was placed on the Township's website members of the public will have an opportunity to ask questions or to make statements regarding each application at the appropriate time when the time comes if you would like to address the board please come to the front and use the microphone so we can make sure your comments or questions are part of the record we will now call the RO Mr Kenya Mr Kenya presid Mr horn here okay Mr sha here awesome Mr Sherman here okay Miss Yun here all right Mr wisman here okay Miss Khan here and Mr Beer here Corum thank you okay before we get started just want to make a note that the first two applicants block number 24 20 244 lot 4542 Westmont drive and block 3400 lot 168 Spring Brook Road have been adjourned to March 25th if you're here for that applicant uh application feel free to come back then um no further notice will be required right Jackie okay there so there will no no notice adjourned to March 25th okay uh Mr Mr Kenya will you call the uh next application yes uh block 601 Lot 8 three Hearthstone terce application number 202 24- 65- V applicant seeks approval for the first and the second floor addition violation of the following section uh 17087 BB2 habitable floor area 4870 Square ft allowed 5954 Square ft proposed uh 1084 Square ft uh variance requested 17087 cc2 habitable floor area ratio 18% allowed 23.4% proposed 5.4% variance requested thank you Mr chairman thank you Mr Kenya for announcing the application uh my name is Derek or from the law firm of Eng Taylor it's a pleasure to be in front of you in in beautiful Livingston this evening uh again I'm here on behalf of the applicant uh pan Kumar minaki sah uh the property was previously identified as block 601 lot8 this is in your R2 Zone uh there's two reasons we're here before you this evening one is a bulk C variance for a uh increase in the habitable floor area and then associated with that uh intrinsically is a D4 variance for the habitable floor area uh um in my opinion these are both minor variances that we're hoping the board is going to Grant this evening and which you're going to hear from my architect in that regard uh we think that these applic that these variances can be granted they do not trigger any other bulk variants which is offensive to the Zone standards in the R2 Zone we comply with the setback standards the lot coverage standards and every other bulk variant standard in this Zone the uh improvements that we're proposing here are in keeping with the neighborhood with the Zone scheme and are something common that you can see up and down this block at three Hearthstone terrce here so but don't take it for me I have my architect here William gtii he's right there William can you join us here he has some plans he's going to walk the board through this evening of course I'll have him uh sworn in and qualified as an expert in the field of architecture and uh Mr chairman he is my only witness for this evening good evening uh all right sir uh please um do you uh swear firm tell the truth for the zoning board tonight I do okay for the record can you please State and spell your name certainly William Gentile g n t i l e uh my office is at 1581 Lincoln Highway Edison New Jersey uh I've been a registered architect in New Jersey since 94 and all your licenses and qualifications are remain in good stand standing effect in the state of New Jersey correct absolutely and you testified before this board and of course many other boards and have been accepted as an expert in the field of architecture correct yes wonderful um with that Mr chairman I profer Mr Gili as an expert in the field of architecture ju just for the record could we uh what school did you go to uh UNM University of New Mexico okay I would you know what I should have qualif because that's an unusual one is that the board has probably not heard that before well they have here they have here other than when he's testified here before okay a little bit warmer there than New Jersey that's for sure does anyone on the board have any questions objections regarding this witness there be no objections the witness except as an expert in architecture thank you so much Mr chairman members of the board pleasure again William thanks for being here this evening as as just as you get ready uh to show the the plans on the screen uh you prepare these plans uh by yourself correct that's correct and the packet that we're going to show the board this evening was included with the application material correct correct and so there's no other submission materials which need to be marked as an exhibit before we get going this evening correct correct wonderful so I've covered as much open space time as I can here until the plans are pulled [Laughter] up ah yeah I'm sorry I could go on my attorney license is is in good standing and effect in this state of New Jersey as well um good evening thank you for uh entertaining me here um we uh this is a a house that's been built think since 1960s and um you know it's a split level it's kind of of that era and it no longer fits the the lifestyle or the attitude of the people that are inhabiting it they uh are needing some additional space for children for relatives uh for parents and so we tried to enlarge this home to make it more comfortable and More in keeping with their style of living and and also just in keeping with what we commonly see up and down Hearthstone Terrace correct I'm sorry but also in keeping with what we see up and down Hearthstone ter correct yes um so this was the the basic house it's a a two-car garage and a a lower level which is some bedrooms and then on top of the garage there's a couple more bedrooms which is now currently the master suite then the main living area living room dining room kitchen uh and so they wanted to add an additional Master Suite um and add some additional bedroom for their your children so this is what we did for the plan and let's see oh here we go so just to show you how we looked at the property I have uh indicated where we did the additions um on the right side is the existing uh property plan or the the survey as you can see it's just a it's a typical house for this area so I have added some square foot feet to the space come on SO identified the areas of which we're doing some work with the uh next to the garage we were adding a additional bedroom where the the current bedroom Wing is and then the purple area is where the main portion of the addition is being done I added a couple of square feet about 110 108 square feet on the ground level there is a um an addition right back here which is one of the uh expansions to make the living room a little bit wider we also did a a design element to the front of the house which is to add a curve of stone uh to give it some uh excitement and some interest so I have the uh what's happening on the lowest level of the house which is all existing there's just an interior remodeling going on there reappropriation of different types of rooms and functions uh the garage and we are so at the above the garage I'm adding a bedroom with with its own uh own bathroom and walk-in closets in fact that whole ring is being remodeled just to give the every bedroom a uh a walk-in closet and its own personal bathroom uh this is uh going further we uh modified the the kitchen living room dining room Wing to reorient where the kitchen is going the the uh opening up the plan to to give you the idea of the more open plan which is very traditional now uh added this bow on the front of the building for uh again for architectural feature then uh we I'd also started then because these are on some different many uh levels I needed to create staircases up to the higher level which is going to be above the living room dining room kitchen uh so we start to work that let me see so when we get upstairs there's there is a wood there is where there a lot of work is being done uh this area here which is the platform to get up over the garage and from that platform we now had to get up over the living room dining kitchen so I created a staircase and a and a passageway Ridge if you will to the master suite which is on the left including the typical uh m master bath closets and sitting rooms and um a little balcony for themselves and also because we raising a staircase in the middle of the house I raised the roof of the living room so the living room is a two-story living room this is where part of our square footage comes in about 890 square fet is just the second floor of the the living room which is open and not intended to be used for anything but a volume space so I give uh P back there so this is the appearance we're trying to keep with the the character of the low slung roofs and the uh the standard Windows we've we're applying some finishes to the garage area which is the lowest area and then the rest of it is all the addition and the resurfacing of all those uh uh the stone that's on the first floor which is very typical of uh split level houses at that time and paying homage to that in somewhat by adding a stone onto the front of the house and William just while we have that up we we we see some additional elevation with the with the architectural feature in the front of the house there um nevertheless we're still well below the permitted uh Building height in the zone correct absolutely the the height of this right now is about 30 ft and that's that that's more than 5T below what is permitted in the zone correct and in fact with the rest of the improvements uh that that you are going through or or will be covering we're not encroaching um as a result of these improvements into any setbacks or other bulk standards in the zone correct that's correct we stayed within the limits so we're really working within essentially the existing square footage of the building footprint of the home here correct okay go ahead um then I've had the elevations of of the four sides basically um like this area across the top is what we've added in order to make the connection to the existing building also given the twostory uh living room and the master suite is above that as we swing around to the the side oh just jump in it it's uh this is the all this across the bottom is the existing we've added just these three windows for the M the additional bedroom on this particular side of the house uh and tied all these uh different roofs together as we get to the uh the back side of the house this is where you can see the evidence of where we have this twostory they like lots of light and so it's all open with Windows looking out toward the the back and their pool area um again the master suite and this is what's already there um this is our area addition and then we come back around to the uh the side where the the existing living room P jumps out or extends out into the backyard so we carry that stone around there these are the um sliding doors into the living room and there's Windows above for R but again natural light and that that covers what's on the plans um so let me just walk through a couple things so essentially working with within the confines of the existing split level home we' we've modernized it from the Interior right from the inter yes interior out and now makes more sense you could walk uh to and from the home in a way that is in keeping with the modern house right very modern yes and uh when you walk through the neighborhood and when you Design This Home uh do you feel it's in keeping with the other homes on the street uh yeah I do yes yes and and is there any reason uh that anything that you've designed here would give you concern to cause a detriment to the neighbors or or or anything in the zone scheme here certainly not and in fact you think this is an improvement to the house correct yes of course he's going to say that he designed it but I have to ask the question uh but it does improve I think the aesthetic appeal of of the house correct right and it makes it more usable for the uh for the occupants for the home corre exactly yeah okay so um I have no further questions on the rec Mr chairman tender him over to the board and the board's professionals thank you does anyone on the board have any questions for this witness I just have a small question can you just talk about the it looked like a flat roof but it's not a flat roof can you just talk about a it's a low pitch roof a low pitch roof great um you get a sense of of the the angle it's so it's not you know uh 4 and 12 or I think this one is about three and 12 uh but it's not the big high steep pitch roof okay and we're still uh well under the uh permitted height we are and we're also going to be making arrangements for solar panels to be put on the roof as well um he has they're currently on the house and they would just be removed and then reapplied to this this location that's one of the reasons why the slope is so low um I have a question then um you're you're at 5954 square feet which is a 10,084 over on area and you're 5% over on ratio on a full size are to lot um that's a lot over I know you have a high floor in one place you mention that but it goes to the massing of the building and that seems to be a lot over on me can you talk more about that maybe help me out a little bit well we felt because it's on a slope it is also a split level so there was always a portion of the building that was kind of sunken the driveway that side uh um the we were also starting to stay within the as much as possible within the footprint of the existing house and wanted to uh provide more volume because these were all they'd been living with like 7 Foot eight ceilings throughout the house and now they really wanted to open it up get themselves some more height they got 10-ft ceilings on the first floor got 9ft ceilings on the second floor in the master suite uh then whatever structure that we have to put in between it um it was intended because the the clients do like a lot of light and a lot of openness is to provide them with this this this space that uh while we recognized it was it was big but we also thought because it is a continuous space it is not going to be divided or subject you know a floor put in at some other date it was just a volume space for themselves to entertain their family and their friends and have celebrations um so I when you take off 800 plus merury for the volume of the second floor which is only going to be used once it that brings that number considerably closer to what you're uh what you're seeking I understand it it goes to the volume which is why it's counted that's I guess what I'm getting a little hung up did you want to say something yeah I actually I concur with my with my colleague I understand like the um effort that went into this plan and I saw driving by the house I had to drive by by it like three times I couldn't really understand the flow because you have the garage and then you have the room and you I couldn't figure it out so I understand you know the challenges that you faced in doing this but I I do think that the massing of the bulk of this house is it's it's very large um and I understand that that's not usable space but it still reflects in the um the building the building size so from the outside so for me I have a little bit of a problem in the fact that you are asking for over a thousand square feet variance um and I just wonder if there's a way to maybe go back and relook at that that's just how I I that's those are my my that's my opinion I appreciate that um does anybody on board want to add on to that or not I gunker similarly you testified as to the aesthetic uh comparison to the to the rest of the neighborhood how do you compare sizewise in terms of square footage would you estimate for the other new houses on the block or in the vicinity well I've been seeing a strong T throughout the area of having houses that just look huge uh and I can't test to whether they were in compliance with the Zoning for their particular area it just seems that there is a a a trend to be more more visible on the on the lot than and with the previous housing stock we've had and uh unfortunately in order to get things you want inside these are the areas and what we felt was necessary can I uh ask a couple of questions to go into this a little bit course thank you the the home is centrally located on the lot correct very much so and and and so the improvements that um that we're talking about are really centralized in in the middle of the middle of the yes and we're not encroaching into any of the other uh setbacks uh from the existing structure correct that's correct and so we're maintaining visual separation from all the neighbors correct uh actually we're exactly at the same separation that occur that's uh currently being enjoyed by everyone um we do have a large setback on the street side of the the um corner lot there is 40 ft back plus the street uh the frontage this also gives the building a feeling being set way back from the street and I think that helps to diminish the the feeling that it's that you're bringing up that it might be oversized and this is a corner lot as well correct exactly yes so it it stands on the corner and um what we're talking about here is a nice home in the center of a lot we're working within the existing square footage of the building here right the existing footprint or the existing footprint with and and and we're creating massing in the middle of lot in the middle of the structure uh without offending any setbacks correct correct and we're still F feet under the the height permissions in right correct and and a lot of the um the square footage which exceeds the permissions in the zone here is is space that is both the first and the second floor it's open space correct that's right and so it's really it's it's counted twice um in a way and and if we were to only count it once we'd be what about 200 feet over is that right with if it was counted once we I think we're a little over 300 about 300 ft over counters I just want to say I I I appreciate the fact that the roof is low but if you would have built it higher to a 35 foot height then um would like it would be even larger so I you're sort of lowering it so this way you know you're not asking for that much so I understand that and I see that and that's sort of like the give and take let's make the roof low I understand that but to me I'm not really looking at the roof pipe I'm looking at the massing of the building so I do appreciate the fact that it's a that it's a slope move but in my mind I'm not really looking at that in terms of how I look at the massing of the house okay um I'd also like to just I know you you brought up um about the height existing Heights in the house 7 Foot eight or whatever and talking about extra space but there's also a difference between now taking 7 Foot eight and now making a 10-ft ceiling or 12 foot ceiling versus now a double height which is taking up almost 850 Square ft plus the addition that adds to that space that gives you even more space to be able to have that big room wouldn't if you took all that away you'd be able to make something that would be complaining have all the extra room that you want well yes it is very possible but you don't have the drama that the entrance brings with the two with the two-story space we also have to we still have to provide a means of getting from the midlevel garage up to the master area which is right there in the front of the house right at the front door over the top of it which means that that massing is still going to happen I can't change that particular part of the the front of the house because that massing will still be there I still need that you know that with of wall or stairway or whatever to make that work uh then we'll just have you know a big staircase with a low roof behind it and so it just I don't see I can change know the front will still remain the same the in my in my opinion the front will still remain the same because we need to tie the house together we have to get from one level up to the other level and is across the space and so uh that's the result of what you know part of what that looks like in the front of the house and on around the side everything is kind of stepped back you can see that there's a low you know one story spaces there's two story spaces and then you see the broom behind that so there is a distance as you get further away it it does get a little bit taller um and so we're looking at looking at the massing and I was also looking at what the the needs and the wants of of the client may I ask another question um I concur with my colleagues and my other question is um can you please uh elaborate the hardship that you are seeing for this sign thank you well this is where we were we were considering and I was considering the fact that it was going to be a need for two-story space and I'm not sure what the limit would have been to bring it down as far as the the square footage as um the two stories that line up with the existing with the roof of the um the master bedroom and that fact that we had to count the floor twice is is one of our our biggest hardship but it goes to strictly to the um the F and and the habital floor area is there uh hearing what the board has to or or what many board members have expressed here is there uh some portion of the proposed improvements the board is looking to see drunk or or or or minimize in some way I think it's a really hard house to to design because of the bedroom that's on the other side so I I'm not a designer and we certainly can't design the house for you it was an unfair question it was unfair question it actually was a very unfair question I know I'm sorry but I so we we cannot redesign the house for you and that's really something that you would have to figure out but we do know that the house is just too large for the lot I mean like you say there are houses that are larger in the R2 District but those houses are on lots that are you know 35,000 square feet so you really can't compare like house size this house size to another house size because all lots are shaped differently and all um you know we look at each house each application on a case-by Case basis so we really don't look at other homes or any other applications when we're looking at your your application it's a challenge because of the way that the house is laid out like we totally get that and I am happy that we're not in your shoes but the house is is the way that it sits right now the house is too is large I'll I'll just add and maybe summarize a little bit um from where I see I do appreciate what you've done you we do appreciate you keeping it lower and not massing it up that way that's always a question at times keeping the footprint you know and as uh my colleague said it's difficult one to reconfigure but um understanding that the Open Spaces count as a floor because the you know the powers to be wanted to control Ming and that effect we have that all the time with staircases it's a reoccurring theme it's just there so you know while if you got rid of it you'd knock 822 off You' still be 262 over which is a lot more reasonable obviously um but right now you're 1,84 over and 5% as I said on a full-size lot it makes it hard for us to you know rationalize that even though it's a beautiful design and you you know you I think youve tried to do everything you could um those numbers are just you know it's it's it's a big bite to take I think that's what kind of everyone's trying to say um so where where you would have to go exactly I can't really say but closer to the other number than the a than you are now would probably be helpful you know trying to keep design together I was unfair no it's yeah know we we try to give you some guidance and stuff um but I hearing from what everyone's saying and my thoughts and stuff is you know if we can get it into into the ballpark a little bit more we're just you know not seeing it in the ballpark right now I think so uh would you give me just 30 seconds here Mr you take 45 45 oh thank you to New Year for e for for I know I'm sorry I'm sorry can we uh Mr chair can we kick something around a little bit uh that we just talked about with the board here okay um I I don't think we can um kind of stipulate to a plan revision tonight that's going to make any sense but we want to talk a little bit about where we're going kind of informally see where the board's at with that fair enough go ahead William so uh I was I'm thinking that really the biggest issue that we have or at least the the bigger bulk of the the area that we're talking about if um if for some means I can lower it so that is just maybe a 14 15 foot ceiling so that it's still a one floor but it's a taller floor it's not we're not actually going into the the area where it's considered the second floor so that would lock off you know if I can do all that I don't I don't know exactly how yet you know it has to be worked out but we would be able to give up at least you know eight possibly 800 square feet of that overage that we have um I don't know if that's an acceptable uh give for yeah so obviously this is a quas Judicial board and they can't right uh there are no tells no advisory opinions right absolutely but but I think let me say this on behalf of the board I think it's pretty clear where the board's concerns are where the board's level is uh Mr gentille I'm sure is a very uh um smart man and uh he will be uh sharpening his pencil so to speak as they used to say even though we don't use pencils anymore um but uh I think when you uh hear from the board those concerns about massing uh and it's pretty clear what the level of concern is so if there are uh certain ways that those uh numbers can be reduced uh obviously to allow uh the applicant still get something of what they're Desiring uh but in the sense that if you're um going to try to do something that doesn't violate as much um that's never a bad thing and I can say that as the attorney they can't say that as the board uh but uh let me just let me just say that so um if you're going to uh take the suggestions back yes uh from tonight yes um go back and as we us to say sharpen the pencil and see what you can come up with uh obviously we can talk about uh adjourning it to allow your uh your team to do that that'd be great uh Mr wnel members of the board we we appreciate the feedback as I'd like to say I'm picking up on on what the board is putting down here um we're going to go back uh I would love to make a stipulation tonight to resolve it but I think it requires a little more thoughtful endeav um on our part here so um hearing what you're saying uh Mr chairman Mr w quel we would respectfully request to carry uh the board's next hearing without further need for public notice I don't know what the time of decision is on this but we'll extend it um to whatever the next hearing date is the next available hearing I Believe Miss Hollis is March 25th that's the next slot we have no additional notice would be required thank you please and uh if anyone's here on this application at all uh know that you have to come back on March 25th there will be no further notice as the chairman indicates at that time should there be any interested parties that will be heard on that time thank you Mr wsel thank you Mr chairman members of the board it's good to see you again thank you for listening and um taking our concerns into consideration yes sir thank you thank you all right ready for the next one the block 3100 blot 2567 Falcon Road App application number 202 24- 66- V applicant named NES sha applicant seeks approval for the first and the second floor Edition in the violation of the following sections 17098 C3 left side yard set back 10 fet required 6.3 proposed which is existing uh 3.7 variants requested the second one is uh 17- 98 C3 aggregated site yard 30% required 25.2 proposed 4.8% variance requested 170 d87 cc3 habitable floor area sorry floor ratio 21% allowed 23.5% proposed 2.5% variance requested hi hi there welcome yeah I'm going to be the um I'm the architect for the project and uh I have the homeowner with us and uh we're both going to be testifying both be testifying okay yeah yeah we do generally want uh if both of you could please raise your right hand do you where firm tell the truth for the zoning board tonight yes I do okay can we each individually just have uh say your name and spell your name for the record please sir you got to get I'm sorry sir you turn on the microphone you get it go ahead hello my name is NES n i l s that's a first name last name sha s a i Am A Livingston resident from last 12 over 11 years I currently live that's that's that's good for now and then if we can just get the uh the architect's name and uh please State and spell your name please my name is afan vendel first name is AF s an last name is v n d a l vendel v okay and um and you're going to testify correct yes I'm going to testify uh and and you're a New Jersey licensed architect yes I'm New Jersey and um you um you have current your licenses current all my license licenses are current checked your email today I'm just joking uh and absolutely did where did where did you get your uh education from for architecture uh I have a bachelor's degree in architecture and I have a master's degree in architecture I did my bachelor's degree in Pakistan and my Master's is in from us okay don't ask asked me where and you've uh you've testified before other testified in front of this board about three or four times okay okay does anyone on the board have any questions objections regarding this witness there be no objection the witness is accepted as an expert in architecture than you please proceed okay I'm going to just walk you through uh the plans um the client is going to um explain uh why the expansion was done what was the requirement of that however um I'm going to bring your attention to um starting with okay this uh touch screen doesn't work very well I see why will was having a problem with this no problem no problem take your time here we go all right so the existing house is a ranch style house that has three very small bedrooms and and uh the original owner uh thought that he needed an extra room or a bedroom so he used his existing garage to put a room in uh and and the house is very long and narrow so so uh while when my um the client bought the house he was looking for um expanding it he saw the potential that he should be able to put another floor on top of it and and uh make the first floor a little more comfortable rather than really as cramped up as it looks like on the screen right now so looking at that I'm going to go to the next sheet the first sheet uh go over U the floor plan a little bit the uh survey a little bit um we have three variances uh one is for the S set back um and the combined s setback and a minor um overage on the um uh habitable floor area ratio um I'm going to go over the uh s set packs first uh the there both the S setbacks are existing to remain we did not make them any uh we we did not change them uh during this uh process of house renovation uh the the right side the left side one is the one that is causing most of the problem that is 6'3 but that's existing and we are actually there's a there's an existing garage there that we are actually not touching um if you look at that the only expansion to the footprint most of the house is exactly on the existing footprint of the House of the existing house the proposed one um so we are just adding a little bit at the back the reason being if you look the original house is so narrow that in order to get the things properly located and and have the proximity of each area uh work better we had to expand a little bit at the back uh our total expansion on the first floor uh area wise not including the garage is only 29 square ft um let's I'm going to walk you through the floor plans now so so we are actually reclaiming the existing two car garage and uh one car garage was with the original um uh I think the the when the house was built in in 60s or something uh but then I think at some point another garage was added on to it so the second garage did not have that you know a very low ceiling and the quality of construction is also not as good so so that the only change that we are making to that side of the house is we are making that uh the garage a little um you know um more uh up to the construction standards and and raising the ceiling of that um of that garage so that we can have have a proper two-car garage on that side so walking through the flow plan we come up from the garage mudroom and an open plan open plan are so in that nobody wants to just take the existing houses that are built in 60s as is they have to you know knock down the walls put some beams in and and then so so we have an open plan and and uh the staircase originally to the basement was right in the middle of the house and and that was like really uh not working with the layout that we were looking for so I had to push the staircase at the back and a little expansion on the back so so the staircase goes at the back we get a nice size EA in kitchen with a pantry pantry is a very cultural thing by the way all uh all people from outside of world they want a pantry so that is a must with this whole thing so with a pantry my wife will throw me out so so family area living area dining area and we um uh one of the requirements was that they wanted a bedroom on the first floor that is that because they have um relatives that may not be very comfortable climbing the uh stairs and going to the um second floor so we have a uh guest bedroom on the uh first floor on the right side of the plan with an attached bathroom and then with a uh we have a powder room and I think everything else is very self-explanatory uh going [Music] to the second floor yeah we also have a double height uh fire area which in this town is always counted in in floor area in habitable floor area so so but but that has to happen with this all open plan you have to have a connection between the first floor and the second floor so basically the small open to Bo area right in the middle is to connect the two floors in a way that if there's somebody on a uh um entrance door that somebody you know you should be able to see him uh him or her from the the second floor um so coming up on the second floor we have uh four bedrooms um and a laundry room um and an office and then that's another thing that covid has done everyone wants an office uh it's a it's good or bad it's it's good for people who are uh uh you know uh not paying for uh office space anymore however U there's an office two bedrooms um um nice size um master suite and an additional um smaller U junior suite so um basically again it's it is a very self-explanatory plan uh plan we have a Jackel bathroom for for two bedrooms on the right side um and uh we have an attached bathroom um um on the bedroom on the North uh um North left side and a master suite with with two walk-in closets and a um and a little hallway to go on the Terrace that we are providing on top of the existing garage that we are kind of trying to make look better so if you have seen the existing photographs that are part of the attachment um of this package uh that existing garage does not look in a good shape so we are actually let's just go to the second sheet so that I can show you the elevation so yeah uh we are making that side we we not building on top of that garage because it's already not in compliance uh we just put doing a uh terce on top of it uh so that uh a little outside space a little luxury for U for my client and his wife to have a morning on the Terrace and uh and and we we're trying to do a little more kind of a modern look to the house rather than a traditional roof so we have a double uh slope roof on top of this house with mixed U um uses of the finishes in the front some of um the gray portion is going to be a tile finish or um um Stone finish whatever the client uh decid Sid and then I have some vertical siding and some horizontal siding there all the windows are uh casement windows and uh I feel that this house is a huge Improvement on to what it is right now that's that's that I have one question question so I see in the original plan as you said the original staircase was in the middle of the house and went down to the basement yes but I don't see anything here in the new house referring to the basement right I see the floor plan for the first floor and the second floor but what happens to the basement there is not going to be much change in in the basement it's it's just going to be finished I think I have a little um description there's not the reason I didn't do the plan for the basement it's just going to be finished for a recreation area and and uh uh and utilities basically we not going to make any bedroom keep open okay thank you question go ahead I have a question how is the attic going to be uh uh access yeah and what the height of the you know the highest point of the attic thank you yes um that that that is going to be right where um where it says hallway let me just uh make it larger we're going to provide um uh attic access where the hallway is and it can be accessed from there yes pull down the pull up yeah pull down and the highest point of the uh attic uh roof the the highest point of the Attic Roof at this point is uh when 34.6 yeah yeah no the highest point is 34.6 however the the the the space available over there is enough to put um uh an HVAC unit that's what when when we were working together we calculated that we we should be able to place uh you know one the hbac unit and that is all what it's going to be used for basically the home order did not desire to get uh uh have more etic space so okay so that that will not be used for any living space okay yeah does anybody else have any questions does anybody in the public have any questions for this witness does anybody in the public want to make any statements regarding this application does anybody on the board want to make any statements please thank you very much um I think that this is a thoughtful updated design to this house and there's a lot of construction going on on Falcon right now so I think that it'll f fit very nicely into what's happening in the neighborhood um it looks like you have a slightly undersized lot slightly slightly um and you're only asking for 29 square feet of an expansion and then you'll be building on the footprint once you do that expansion right so you're basically just going up and you say that the attic is only going to be for the HVAC okay and you're making the garage more useful which will be great right to park both cars um and I think that it's like I said it's a thoughtful mod updated design and it fits in nicely with the neighborhood so thank you very much thank you your pantry just to confirm you one of the on a falcon road so yeah Ju Just to confirm so the only thing we're asking for is the high flu area ratio your area is under and you're not changing any of the existing non-conforming uh conditions exactly that's right that's correct anybody like to make a motion make mtion I'll second [Music] second yes Mr horn yes okay Mr shman yes Mr Kenya yes Mr sha yes miss you M missan yes okay alternates I don't need to do that Alternet no no Miss Khan yes and Mr beer before go ahead Mr just to uh clarify this is a motion to approve the application with the uh three three requested um deviations uh for side yard setback side yard agre side yard and habital floor ratio there's also two conditions of approval as you heard from the board tonight that would be made part of the resolution those conditions of approval would be that the um basement would be finished can be finished but not uh finished for habitable space uh it won't be um for bedrooms and uh the attic will not uh be accessible by anything other than pull down stairs uh and will not be uh used for um residential space those will add be added to a resolution for the board's edification that's okay no problem approved okay and agreed from my side you don't you don't approve you agree so so many times in the office environment I always say approve approve so that's why it comes out of my mouth and then I'll vote Yes okay to the entire board thank you very much for the thank you best of luck Mr Kenya if you call the next okay application Please block 16003 L 1893 felwood Drive application number 2024 67v uh Punit and rosi dakia applicant seeks approval to convert the second floor balcony into the bedroom in violation of the following section 170 -87 bb4 habitable floor Area 3 3,220 squ ft allowed 3318 ft proposed 98qu ft variance requested 17087 cc4 habitable floor ratio 30% allowed 32.3 1% proposed 2.31 variance perc variance requested okay welcome award right uh who's going to be your Witnesses tonight turn your mic on sorry uh I'm the applicant and I'll be testifying today okay and anybody else testifying and I'm I'm the professional planner professional planner okay all right why don't we have both you raise your right hand and uh do you swear for and tell the truth for the zoning oh okay yeah somebody else forgot to put his hand in the Bible that's that's another story for another day okay um basic requirements uh do you swear a firm tell the truth for the zoning board tonight yes I do okay now what we're going to do is Sir if we can please have you state and spell your name my name is punon Daka first name Punit p u n i t last name Daka d h o l a k i a okay and then sir who's our planter if we can please have state spell your name for the record yes uh my name is Paul J Fletcher last name f l t c h e r okay and um chair if we'll we'll get U Mr Fletcher's uh qualification on okay Mr Fletcher uh are you a uh licensed professional planer in the state of New Jersey yes I am and that license is current yes it is okay and uh schooling for uh professional planning uh I'm a graduate of the University of Toronto I have a bachelor of applied science uh I have uh degrees in engineering I obtained my planers license in the late 80s at the same time I uh shortly after I became a a professional engineer and uh have you testified before um this board or any other zoning boards and planting boards I don't recall being in Livingston uh however I'm very active in uh middlex County uh my offices are in Woodbridge I'm there uh on a monthly basis uh also in Edison often in Piscataway peroy uh in Monmouth County Morris County okay thank you uh does anyone on the board have any questions or objections regarding this witness there being no objections or witness accept as expert in professional planning thank you your show thank you good evening chairman good evening members of the board I'm P Daka as I just testified I'm the owner and the applicant for the variance application at 93 well felwood drive I with my wonderful wife and two kids a 5-year-old son and a four-year-old daughter have been residing in Orlando Florida for the past 2 years but we are originally from New Jersey so when it was time for us to come back to the state and settle into a town that we can call home we chose Livingston where we can provide a nurturing environment for our kids a a little over a year ago we purchased an old house on felwood Drive looking to rebuild it into a dream house when we started building this home it was meant for a family of four my wife and my two kids and so we built a second floor with three bedrooms in total and a balcony for the family to enjoy now my parents both sepen Arians reside in Mumbai India and they have never wanted to move to the US given their Social Circle back there however recently they've had a few health related episodes back in India which have made them realize the importance of being close to us as such they have expressed their strong desire to spend their years going forward with us and the grandkids which I want to make happen for them unfortunately by the time my parents expressed the desire to move to the US recently most of the structure was already built you'll see this from the picture that I've attached and submitted as well so when we had to go back to the drawing board and determine how to fit in an additional bedroom of a size ideal for my parents while still maintaining the character of the house converting the second floor balcony to a fourth bedroom was the most obvious and only solution that conversion however results in us going over 2.3% of the habitable Square ratio requirement or an additional 98 squ foot over the maximum habitable square area I'll now pass on to Paul to provide his professional opinion as I thought it would be helpful for you to hear from a registered professional planner I hope after hearing him out in addition to understanding a requirement for a multigenerational living you can approve a project to convert this balcon into a room this project is a u involves a D4 uh floor area ratio variance um unlike a D1 which is a true use variance that uh requires much more stringent uh justifications needs uh to be shown to be only in particular cases and for special reasons that's not the case for a D4 a D4 is similar to a D3 conditional use uh the board's focus should be on whether the site can accommodate the problems associated with the proposed permitted use but with a larger floor area than permitted by ordinance in this particular case I believe that there are no problems associated with this application we're not increasing the footprint of the building we're not changing the total impervious coverage we're taking what was originally approved uh as an uh a a covered balcony uh and we're putting uh closing two walls of that balcony so uh the change to the to the building itself is is frankly di Minimus I think the the percentage uh and the square footage that we're asking for the variances uh are di Minimus in nature but not only the positive criteria we have to look to the negative criteria uh we have to show that uh granting of variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone plan and the zoning ordinance and as I've mentioned uh this is an existing area that's already been approved and under construction uh I I see no harm to the public good I see no detriment uh to the Zone plan or the uh the zoning ordinance again I I believe this is a dominous variance uh that will allow the uh homeowner to make it a more functionally usable home uh for his needs does anybody have any questions for this I have a question um I'm just confused maybe you can help me out here so it looks like I visited the property in the snow walk trudge through the ice and I was so nervous I was going to fall but I maintained my balance and I made it all the way to the back and I saw it um I have a question though and maybe you can just clear up the timeline for me because it looks like there's a roof on that on on you know where you want to close it and there's a roof so originally I'm guessing there wasn't a roof roof right no there there was always a roof there was always a roof there yeah and the the idea being that if because if there's snow I wanted to make sure that that basically slides down as well so it was going was always going to have the roof and now you just want to close it in but the roof was not the roof has was part of the plan yes okay so you only had two space two side to open the way it is correct and that's why your balcony open balcony yes but now you want to close it and make a bedroom correct okay it's a little confusing thank you worries I have a question um what was the square footage prior to this application thank you yeah so uh the habitable square area of the first and second floor was basically 378 um yeah does anybody else have any questions for this Witness does anybody in the public have any questions for this uh witness anybody in the public want to make any statements does anybody on the board want to make any statements please I'll make a statement um wow I know that you say that the existing thing it was supposed to be an outside porch and saying it's the Minimus um I mean the lot is already a th000 square feet bigger than the minimum lot size um and you're asking for both a ratio and floor area variants um I I I don't see why a bedroom still can't be made in there and leave the extra space as outdoor space and still be within the habitable floor area that would be required even giving you the 3220 ft I I don't understand understand why yeah so I think that um uh one of the things that we actually thought through is like because I've seen some few of these hearings as well and if you're within the r for requirement of 30 to 20t 2020 and not go across both of those uh breaching two of them it's uh generally accepted it's it's an easier acceptance uh I think I would not have actually flown all the way from Orlando for for to you just it was very important for that to get that 98 square foot so it is for my parents when we are when are putting that fourth bedroom on I'm thinking of not just the fact that they're going to be living right now but going to be living on a go forward basis so we don't want something that is extremely enclosed second I think uh it is also Med like for my dad actually and this is going a little bit more into the medical requirements so he has actually he has anxiety and specifically with regards to you know claustrophobia and so one of the requirements that we wanted to make sure is that if it's a bedroom it is at least sizable enough for him uh one option as you said like could have been to cut off the 100 square foot from there but it would have been pretty pretty narrow and pretty tight for uh you know both my parents who are both in the mid-70s it looks like it started you started building that did you build it and then stop it looks like there's or no it it no okay is there all right sorry no there's no this is exactly the plan that was already been approved so there's no building that's actually happened within that kind of uh the balcony area when was this photograph taken sorry when when was this photograph taken because I don't think the house looks like this now when was this taken uh the only thing that's changed between this and what it looks right now is the vinyl the vinyl's been added on the wherever you see the green zip uh that's the only thing that's changed right because now there's there's been snow on the ground for quite some time okay anybody is have any other questions or statements sir you got to you have to excuse me because I'm new to the board so I don't have the history here you originally came to well let me ask it this way did you originally come to the zoning board to ask for Relief to build bu the house as it currently exists in that picture the original plan yes it's exactly how it's in the picture and but did you did you did you have to make an application before the board were you in any variant situation at that time no we've not applied for any variant before neither side nor back variance or front variance okay so the original the original plan met all the zoning conditions correct all right so it's just the just the enclosure of the balcony that now causes you to come back right and uh I would just add it if you it's probably not this is just the photos but if you look at the surve as well I think the front end is it's more like a trapezium so if you look at the front it's pretty narrow back is pretty wide uh but we were as very cognizant of making sure that we do not request I do take privacy and you know space very seriously so neither the front end nor the back setback nor the uh neither the side setbacks were requested for this uh there was no uh uh there was there was nothing that we requested do you have any more question thank you for the clarification I have a question about the roof height because we didn't talk about the actual building um what is the attic height between the um the roof line and the top floor what is the um yeah it's a I'm pretty sure it's so it's not it's not a living space if that's you're going to it's a pull down ladder um how high is that I think it it is I'm sure it's less than 6 feet it's basically we wanted to make sure that it's not considered a living height it's just a normal less than six feet yeah I think there's a requirement that if it's above a certain height the drawing is showing over s feet oh sorry 71 the 71 my apologies my apologies and there are pull down stairs sorry there are pull down stairs for access to that and will you um make it a recommendation um I'm sorry if we make it a recommendation of approval that you do not put living space up there will you agree to that absolutely it's a pretty big house okay it's a massive house it's a big house in an R4 it's a big cows putting us in a really tough spot and just for clarification uh you were asked a question about access the attic now the building is largely built that already has or you will have an area set aside for those pull down stairs right there it's it looks like it's on its way to being completed so that's already installed that way yep okay for the attic you mean right yeah to the attic that it's a pull downstairs it's AB it's in fact it's probably already installed right now it just has a ladder but like yes when it's complete it's just going to be a basic pull down with zero zero living space or whatnot uh and to your point I I hear you I think if I had to go back to the drawing board and actually redo this and if this had come up well you know maybe like six nine months ago I would have actually just got 100 squ foot from my own bedroom uh you know from my master bedroom cuz you put us between a rock and a hard place because the house is huge right so um and in my the way that I look at it I don't understand why there's a full roof over that um you know I I don't understand why you why you went to the I mean whatever it doesn't matter but I don't know I'm having a hard time um seeing the roof over that enclos that that porch area so it's it's I don't know that you leave us I mean we're really between a rock and a hard place here the the idea for that frankly was just that you know if there when it snows or if there's rain rain is so easy but like if it snows we didn't want like snow in the balcony at that point so that's why we put the roof on top and I think again I wanted to make sure that you know um is there any precedence on that road or the road just behind us right so again I pulled some data if that's helpful to you guys I actually pulled various coms from felwood drive as well as Elwood Drive from um I think it's the tax website um SX County tax website there are um I think 101 fsw drive as an example right that's about four uh houses on the same street based on the tax uh data that I have seen it's a lot size of $ 8,999 I've converted the acreage into square footage uh the the square footage of the house is 3,450 it assuming the data on the SX website is correct and uh it has a variance habitable Square ratio variance of 8. for 2% and a habitable square area of 238 square foot as an example and then I've actually tried to pull all those on food drive that might not have both the habitable square area and the habitable Square ratio but it just shows like you know there there are various variances and then I would say the same thing on F andwood drive we found a couple of them as well that had habitable square area and the Habit habitable Square ratio which are sizeably more than us so again no no thanks for doing your research although we do look at each application separately sure and each application brings its own issue brings their own issues and whatnot so we really you know we we look but we really have to take each application you know into account separately so anybody else want to express their opinion one way or another or um I may um yeah of course yeah because you already originally you consider to have that area to be a uh porch with a for roof since you're going to I'm not trying to design for you but with that whole area does it have to be a full bedroom or would you just you know keep some nice backley open area you know for that bedroom I'm just not trying to design design for you but I just feel like you know I I think you might be alluding to what we were probably discussing previously right that keep it within the 30 to 20 square footage area I do not suggest anything but I it's just I'm just trying to you know ask your question like does it have to all be a full enclosed bedroom yeah I I would I I think again if it was not from my parents then I probably would not have done that um and then yeah that that is one the number one reason the number two reason less for me frankly would be you just from aesthetically I would actually not have just a 100 S foot balcony with the with a bedroom especially for a new home it would more look more like a box uh for a new home which again for an absolute new home that you know it might not look look at that grade anybody else yeah please yeah my my one concern is we haven't heard a testimony as to a special reason to and I understand it's the Minimus but we've only heard why that it's not going to affect the zoning ordinance overall Etc but there should just be some special reason why she why we should Grant an exception to the law as it is and I don't think we' heard any testimony on a particular reason to hang our hat on as to why we're going to I get it's dominous but what there's nothing particular about the property Etc that would indicate that um special reasons uh that's not a requirement for a D4 variance I'm sorry uh for a D1 variance a use variance you have to give specific uh proofs uh must be for particular reasons must the site must be particularly well suited uh this is not that kind of variance this is more along the lines of a conditional use variance um and there's been various uh Court decisions uh cry Square uh is is a good one uh and that deals with the uh initial use variants uh and how they apply to D4 F variances and what the courts have found uh and in their judgments uh that for a D4 variance uh the board must focus on whether the site will accommodate any problems associated with the proposed permitted use but with a floor area larger than permitted by the ordinance so that's what we're asking for here we're asking the floor area to be slightly larger uh but clearly it's permitted use so we don't need special reasons uh we don't it doesn't have to be uh particularly well suited we're already a permitted use we're just asking for it be just a touch a larger and in my mind that's the Minimus uh and can site accommodated clearly as I mentioned the square footage is not changing of the building lot coverage total impervious is not changing putting two walls up I think we could conclude that the site can accommodate a technical variance yes U and with regards to the negative criteria uh can it be granted without substantial substantial detriment to the public good uh I see no detriment to any neighbors to anybody will it substantially impair the intent and purpose of the Zone plan and the zoning ordinance again uh I in my opinion I don't see any detriment to the Zone plan or the master plan and one of the reasons is I believe is a DI Minimus difference uh and I think based on the positive and negative criteria that the Board needs to consider for this type of a a variance I think there's uh you have the authority uh to Grant those variances if you so choose okay um anybody like to make a motion I'll make a motion to approve I'll second it it's okay I was was and um Mr horn commissioner horn why um Vamp for a second uh we deal with uh Exon Valdes over here um so uh you've made a motion to approve with the condition of approval that the attic space not be used for habitable area that's correct I knew you'd say that okay Mr horn approved anybody second second Mr sha could hear you okay yes okay I'm Mr Kenya no Mr shman no Mr Yan Miss Yan no okay Miss Khan yes you m m yes Mr Beer yes okay where are we how are we got 4 three confirmation from our uh zoning official here the the four so it's 43 and the fa okay that's that's it you want to explain yeah so uh the because the um because there were insufficient number of votes in favor uh for this type of uh variance um that's why this motion has failed uh as explained before um if you wish to undertake any uh further uh appeal rights you can do that but the motion has failed thank you do you mind if I just ask a quick question testimon CL yeah testimonies closed but I'll tell you what while we while we switch uh you I'll come down down and you can ask it directly to me sure that's fine okay thank you uh will you call the next applicant yeah take your time block 3902 lot 32 Hillside T 74 Hillside terce application number 22477 DV Road act Builder LLC applicant seeks approval to construct a new family residence in the violation of the following section 17099 C2 front yard setback 40 ft required 31 ft proposed 9 ft variance requested one excuse me 17087 CC three habitable floor ratio 30% allowed 35.9% proposed 5.9% variance requested happy New Year gentlemen happy new everyone my hand is sore from signing all your resolutions I just want to let you know I can't open my fingers okay we can't thank you enough me we're there for hours we got here we got here four o00 all right you ready yes absolutely all yours sir uh good evening everyone my name is Matthew pad from the law firm SS com and gross and I represent the applicant that's here tonight rhi Builders the applicant is here tonight proposing to demolish the existing improvements on the subject lot and construct a new single family home that will include a porch and also a patio as mentioned previously we are requesting variance relief here tonight the first variance that we're requesting is a front yard setback the current zoning requires a front yard setback of 40 feet however we're proposing here tonight 31 ft so it's a 9t setback however this Township has a car Val provision and that car Val provision says there can also be an established setback line for the surrounding area the established setback line for the surrounding area is actually 25 ft but this Zone also requires that no setback can be any more than 30 feet so in fact the 31 feet by the zones carve out is not a variance itself in addition we are still keeping the 31t setback which is the existing setback for the existing home that exists there today to maintain that continuity throughout the entire neighborhood itself so the the only variance that we actually are requesting here tonight although I did notice for both is actually the floor area ratio itself the floor area ratio you're going to see although that it is being triggered we are below the actual habitable floor area itself it's only the ratio the question of Matt how did you guys land at this ratio that you're requesting here tonight is a very simple question to be asked and very simple answer to be given and the reason is is because our lot is approximately 20% undersized so therefore the proposed how Flor is about 20% less than what would be permitted within the zone to make sure we keep with that consistency and the balancing of the zoning code itself in addition you'll hear testimony here tonight that although there are some homes that are undersized comparatively to what we're proposing here tonight just right across the street at 77 Hillside you'll see a home that's over 500 square feet larger than what we're proposing here tonight uh with that being said I'm going to stop trying to testify cuz I'm a lawyer so instead I am going to have my first and only witness come up uh Mr Nick gravano and I just want to clarify for the record um Mr gravano is a licensed planner he is not a licensed architect however he is a principal at the firm uh gravana Gillis and they are an architectural planning firm itself so he is uh very well versed in architecturals all right do you swear F tell the truth for this zoning board tonight I do okay can you please State and spell your name for the record yes my first name is Nicholas with an h ni OAS last name graviano gr a VZ and Victor i n o i o I am a partner planner and designer with graviano and Gillis Architects and planners with a business address of 101 Crawford's Corner Road in Hell New Jersey and Mr graviano uh I think you better answer this question correctly uh you are a licensed planner within the state of New Jersey DCA is still taking my money otherwise I'd have to inform Clifton about you uh and um you're um you're speaking here tonight as a planner uh and you have a planning experience and background yes I've been qualified by this board on multiple occasion as well as testifying before over a 100 boards in 18 different counties um as well as governing bodies does anyone in the board have any questions uh any any uh questions suggestions regarding this witness easy for me to say there being no objections the witnesses accepted as experted in planning thank you it's always a pleasure being here and good luck to the new board members and the new board attorney thank you you got you guys too you've seen my mug before though they haven't all right Nick is the proposed Improvement in the R4 Zone District yes uh the specific piece of property in question before the board this evening is known as 74 4 Hillside Terrace known as block 3902 lot 32 in the R4 District as you stated previously this is an undersized lot whereas 7,333 Square fet exists and proposed whereas 9,375 sare fet is required by the ordinance terrific have you had an opportunity to review Mr pio's architectural plans yes I have I've I've reviewed the architectural plans as well as reviewing the board professional reports and have conducted site visits to the neighborhood on two occasions great why don't you walk us through both the uh floor layout and also the elevations what we're proposing here tonight certainly um as you can see on the uh plan cheet A1 which is on the screen now uh the applicant is proposing a single family dwelling uh the maximum square footage of this dwelling is 2,635 square ft uh that does include 142 Square ft of the double counted open foyer which goes up to the second floor so when you look at this house in terms of livable square footage uh it's 2493 Square ft which in the current uh context of today's environment is certainly a modestly square foot uh house uh there you see the front elevation there is a attached two-car garage to the dwelling um as well as a two-car driveway for two additional Vehicles there can be uh four cars parked on this premises uh moving on to A2 you'll see the other facade elevations you see uh the two sides uh there's fenestration for the various rooms as well as the rear elevation which faces uh the ample backyard which is actually 22 uh 6 feet larger than what's required by ordinance moving on to the floor plans I'll zoom in on the basement okay the basement consists of a mechanical room a bathroom a small bedroom as well as an open family room Recreation room uh to the right is the first floor contains the two-car garage the open foyer that I mentioned previously uh open kitchen dining room family room as well as a guest room uh with a bathroom which Services the entire first floor uh not just the bedroom room as I said this is a modest house uh rooms have to serve multiple purposes moving on to the second floor the second floor contains four bedrooms and three bathrooms as well as the laundry facilities for the home I would like to know where you see the mouse moving here is pull downstairs to the attic the attic will only be used for storage and mechanical uses and will not be accessed by a regular staircase um so that that is the Home in a nutshell P down again the attic itself is going to be a pull down correct that is correct it's in the upstairs Hall where the mouse is right off right across from the laundry room and it cannot be converted to habitable space cannot be converted to habitable space terrific I have no further questions for this witness anybody the board have any questions for this Witness does anybody in the public have any questions for this witness this is for questions you want to make a statement that'll be later so if you have a specific question please come forward and say state your name Michael Avery excuse me if I may just for clarification purposes I am then after this statement or I should say questioning I'll then have Mr graviano put testimony on the record regarding planning so this is only limited to the architectural plans itself right now that he testified to okay I'll let them finish okay that's fair okay all right terrific um Mr gravana as you're very well familiar with the seminal case for this type of relief we're seeking here today is covered in J square and that threshold question is can the site itself accommodate it uh as you had mentioned before the only variance we have tonight is the ratio so can you please walk us through that and also the character certainly uh I took a good look at this neighborhood both on foot as well as through the tax records um and the the as buil conditions um this is certainly a lot which is consistent with many of the Lots on Hillside Terrace this lot is roughly 50 by 147 as well as the two neighbors to the sides are as well as multiple homes across the street uh the applicant is not requesting any setback relief the applicant meets the ordinance requirements for the front yard setback averaging I would like to note that Mr pada did indicate that the front yard average setback is 25 ft however the neighbor at 7 2 Hillside Terrace is 30.8 the neighbor at 76 is 29.7 that's why the applicant would like to keep the 31.0 to keep a consistency with those existing dwellings and to keep that street stcape continuity um the applicant is uh 585 Square ft less than the maximum habitable floor area permitted for this zone so as Mr pada indicated in his intro uh the applicant saw to create a ratio which is consistent with the size of the property uh Mr pada was right the tax records at 77 Hillside Terrace do indicate a 3198 foot uh dwelling on a 50 by 146 lot which is the exact same as the applicants before you this evening albeit the applicant is 500 and change smaller than that dwelling which is across the street um so when you look at this case it's certainly uh the Coventry Square standard whereas the the applicant must demonstrate that the site can accommodate um any potential ills given the increase in the uh habitable floor area ratio requirement here in this case there certainly are no adverse impacts by the swelling the applicant is meeting all setback requirements the applicant's actually exceeding the rear yard setback requirement by 20 something feet um additionally uh the site will be subject to review by the township engineer for grading and drainage some something that does not exist today so certainly when you look at the dwelling which is under the habitable floor area square footage for the district meets all the setback requirements is providing uh revised graining and drainage as well as providing four off street parking spaces for the dwelling there's certainly uh no substantial impairment to the surrounding neighborhood no substantial detriment to the Zone planner zoning ordinance and furthermore when you do look at you know the positive elements of this application it's certainly advances uh purpose a of the municipal land use law promotion of the general health safety morals and Welfare that's done by creating a dwelling that's built uh as per current building uh standards and codes replacing a house that was built in 1936 which has certainly seen its Better Days additionally it helps provide sufficient space and appropriate location for a variety of residential uses to meet the needs of New Jersey citizens that's purpose G and then lastly uh you know through respecting the the lots and the surrounding uh environments um it certainly promotes purpose ey desirable visual environment through creative development techniques and good Civic design and Arrangement terrific I have no further questions for this witness does anyone on the board have any questions for this witness for this testimony sir would you like to come back up to the mic yes thank you uh my name is Mike lvery I live at 72 sweet questions or statement oh what' you ask a question we getting we it's a little bit of a get to know you moment here um sorry sir so are you going to be asking questions of Mr graviano or you make or you want to make a statement at this time questions first okay please go ahead just State your state your name for the record please Michael Avery a r y um and which address I'm sorry 72 Hill right next down the hill down the hill okay um there is a tree which exists on the northeast corner of the existing house is that tree planned to be Ro removed as part of the new plans yes that tree will be removed and what if any drainage is planned to be included around that existing tree or in that area for any groundwater in the event of approval the applicant will be working with the township engineer on a drainage and grading plan that's a condition of any approval within the township the applicant has submitted a preliminary grage and draining plan however it's not been reviewed by the township engineer yet okay and currently on the survey on the Eastern edge of the property is it currently show a 6in existing open drain which protrudes back through the property to the exist exting rear line of the house you're referring to the open drain or the yes yeah and is that open train open drain planed to remain after the improvements are made to the property yes it is you mentioned mult M times that there's a average 25 foot setback of the properties in the area how was that number arrived at uh that number was arrived through a professional surveyor who calculated the setback distances for the neighboring properties um as we indicated we're not altering the setback of the existing dwelling um and we're within the established allotment for the uh front yard setback averaging for the district and uh I think is my final question um how much further is the new house the back of the new house going to extend beyond the current house I didn't look at that number because the applicant exceeds the rear yard setback by over 20 feet but I'll try to get you that number roughly 17 feet thank you I have no further questions I'll make statements at that time um well while you're here why don't you make your statement you have to be sworn in for that if I may can I please redirect to my professional oh sure I'm sorry thank you so very much uh just three quick questions uh Mr graviano is it uh consistent with your testimony that we more than exceed what it was required for the rear yard setback specifically the required setback for rear yard is 35 ft we're proposing over 57 yes the rear yard setback required in the district is 35 ft we're at 57.6 feet so we're in excess of the rear yard setback by 22.6 feet okay and isn't it also true that although drainage is not before this board here tonight drainage is absolutely part of the building permit process itself where our applicant will have to submit a lot Sur surface drainage report whereby the Township's engineer will have the responsibility of reviewing it and whatever proposed improvements that he feels that are warranted to accommodate the potential storm water rof our client would have to agree to install those improvements that is correct and in regards to tree removal this municipality has a tree removal ordinance that we will also have to comply with correct yes I have no further questions for this witness thank you okay yeah why don't you make your statement and then the board can go sure okay and now that you're making your statement Avery could you please uh you swear firm to tell the truth for this zoning board tonight I do okay and obviously you're Mr Avery again and yes um I have a couple notes or points to uh to make um one note is uh regarding my question regarding the tree um specifically the drawings are inconsistent some drawings show that that tree will be removed other drawings show that it's going remain after the house is built so I was confused as to why drawings were inconsistent um the reason why I ask about the open drain and specifically the tree again is when it does rain today that is a low spot on the property around that tree um significant water does collect around that tree today which is adjacent to my property um that existing 6 inch drain which is an open drain it's just essentially a a dirt trough for lack of a better term um removes that water and bring brings it forward that then hits believe it's a 10in iron encased in concrete pipe at the South End of the property uh which there's a manhole there so that takes all that water removes it from the property and keeps it from coming onto my property um when I bought my house um that I was not aware of that drain and it was not well-maintained um I did get a little bit of water into my basement uh during some storms uh upon talking to the previous owner Frank Le um who unfortunately passed away about two years ago um he informed me that that drain had been there for essentially as long as he knew of it uh it's my understanding talking with him that he was born in that house so um unfortunately since he is deceased he can't come here to speak for himself tonight but um my concern is that uh with the change to the property and the additional 17 foot as described of additional length of the house being extended backwards with the removal of that tree and with the fact that the current plans have no surface drainage included in them that these changes to the property will negatively impact my property by potentially adversely affecting and sending storm water onto my property potentially ingressing in my basement causing damage Etc um so my my request are rather simple and I assume you can guess it is the addition of surface water drainage surrounding that existing Tree location and additionally the essentially guarantee that that existing 6 in open drain will remain throughout construction and after the property is fully constructed so that I don't adversely take on any groundwater during construction or thereafter thank you um okay uh would you like to make any statements yes just like to make a quick statement uh although drainage is not before this board because if it were we would absolutely submitted the storm water details and storm water management report I do want to state that this municipality is uh very well versed on drainage issues and what I mean by that is that part of the building permit process itself is that a lot surface drainage report must be submitted and there's not an opportunity per se for us to really appeal it so when that lot surface drainage gets submitted whatever your engineer says we have to do and I am stating on the record that whatever the recommendation is we will agree to comply thank you Mr pada uh there was a um statement but also in essence partially a question raised by the interested party with regard to the open drain I think Mr graviano had indicated this that that that open open drain is going to remain um in its condition and location from where it is today through the completion of construction uh would your client agree as a condition of approval should the board wish to approve this that uh that um open drain be uh maintained uh throughout the construction process and proper measures be taken during the time of construction which they are but that they would be uh maintained and uh that at the end of construction that the open drain will be um continued on that site yes I find that to be acceptable and I just want to put one little asress on that unless the municipal engineer requires us to make any other deviation that he feels would be an improvement to the site we'll say subject to the review of the township engineer yep anybody else want to make a anyone the board want to make a statement I'll I'll just I'll just add for clarification just to clarify what's been stated for benefit of the public is no additional water shall be leaving the property that leaves now that's really what the goal is this surface drain underwater doesn't open drains doesn't matter X leaves now it can't be X plus one it has to be X or less so that's what the town so just to qu yeah understanding yes right whatever may be as part of the construction process no nothing's ever perfect but that's that's the goal is to make sure you stay dry I don't want to go in my basement and find I don't think they want that to happen either so I I yes okay I just have a quick question um you are removing the tree from the front are there any landscape plans or plans to put in any other um trees or any or BVI in the back to absorb some of the water to sort of take the place of what you're um taking out any landscape plans I believe we're going to leave that to the discretion of municipality we submit the tree removal permit and take it from there but maybe just as a note to you know okay I would uh concede to a condition of approval that we look into whatever additional Landscaping that we can do great thank you yep okay would anybody any any other questions statements sorry can you specify the exact height of the attic area the the height of the attic will be roughly 7 feet at its highest points um the plans don't the plans don't specifically show the interior height of the attic because it's a varied roof line but the collar ties come in at roughly 7 fet so would you agree to a condition approval that that is not inhabitable uh area certainly do okay so that's condition to the approval there's there's no way getting up there anyway you've been you know is uh there's no surprise in what I said I'm sure you seen it all so yeah exactly okay anybody else someone like to make a motion I'll make a motion to approve subject to the subject to the conditions as stated um regarding will be no habitable space I got used to that yep no habitable space in the Attic that uh the um 6in open drain will remain and be subject to review by the township engineer uh and that uh the applicant will comply with the tree removal ordinance and we'll also do best efforts for additional landscaping that's even better moved second did we have a second I second okay Mr horn approved Miss Yan yes Mr Kenya yes Mr sha yes Mr Sherman yes okay Miss KH yes and Mr Beer yes thank you so much everyone thank you you happy New Year motion to adjourn anybody motion to adjourn you want to State motion toj okay second second it yeah all approved die good night