##VIDEO ID:RNeO8CZe8c4## okay all right we're going to get going uh start out with the flag salute roll call Tom Collins Craig palisano here Richard Patterson here John pittz here Margaret guberti Steven ji here Michael ruffu Andrew Campbell Michael Richmond here okay this meeting is being held in accordance with New Jersey statute requirements of the open public meetings act Sunshine Law notice of this meeting has been advertised in the press and posted on the Bolton board in the municipal building all applicants are hereby advis that if you receive board approval tonight you must come forward and sign a form outlining the procedures for obtaining building permits and merti licenses at the conclusion of your case tonight please approach the board administrator to sign the provided information sheet um I get uh approval of minutes for that October 24th October 24th all in favor okay um we're going to swear in some new board members okay um before I do that I might as well make the announcements on the agenda because there's some people here there's six cases so for everyone in the audience on the agenda three of them aren't going to be heard tonight so um I don't want to make you sit here all night uh um so I'll go through those real quick the first one Scott dorfner uh 32 Brunswick Avenue block 32 lot 11 uh Mr gon you're gonna come back next month yeah sure M the architect was going to add some additional detail to his plan so um we didn't want to put that case onto the board and not be complete and the board have further questions so for that one we are going to submit a new plan to Roger with the details showing the coverages and that will be uh for December if the board can hear us then okay no no no new notice correct please okay and pal of December 19 yes okay so for any anyone here I gotta say this for the record so if anyone here's for this the dfer application uh that's going to be heard December 19th 24 7 7:00 p.m. in this room the applicant will not be required to republish or Reen notice um and then the next one which was found out late today um there was one woman I reached out to because she reached out to me so I gave her the heads up but there's really no way to get the word out that's a mrd Margate LLC 9211 mammouth Avenue block 426 Lot 21 that is also going to be heard next month December 19th 7 P.M in this room the applicant will not be required to republish or re notice and finally uh C squar LLC 9510 ventner Avenue at block 129 lot 45 this is more of an informal uh uh announcement because the applicant will return December 19th that's the Dairy Bar application but they will submit a new notice on that one so anyone hears for that you'll get a new notice in the mail L the room out okay and and with that being said I guess we have H Palmer we get Danny get SW yeah he needs to get SW okay all right so had three three new board members um Mr tulson Rosenberger B and Mr Danny Adams um and do you all each have an oath yep okay so what I'm gonna ask you to do is stand raise your right hand we'll do you all together and you can repeat after me once we're done uh you can just sign where it says buy and then I'll notorized ability good sa me a lot of work so I usually um when you get sign anytime get back to me so you're now officially board members welcome thank you [Applause] welcome okay now we're going to do approval they got to sing the plan ofo fight song Sorry all right approval of decisions and resolutions number 32224 changfang Zang and uh number 3304 djack Properties LLC I hear second all in favor okay okay so  um all right our first case is Jeffrey and Joe Hampton five North Huntington Avenue block 20902 lot 14 located in the s25 zoning District seeking SE variant relief for front yard setback side yard setback rear yard setback building coverage Total Landscape coverage and potentially others for the construction of an expanded porch at the existing single family home curent on taxes Water and Sewer payments proof of advertising and notifications provided represented by Eric s Goldman okay and I'll get uh Mr McClaren sworn in for the evening Mr McLaren do you swear affirm the testimony you'll give throughout this evening will be the truth I do thanks thank you board chairman board members welcome new members to the planning board of marate City the report is based the application of Jeffrey and Jill Hampton 5 North Huntington Avenue block 20902 lot 14 located in the s25 zoning District again to expand a front porch an existing front porch uh de complete and this is a substantial benefit variance it's not a hardship variance but the C1 and C2 criteria which still need to be uh approved testimony so page two is a zoning chart highlighted in shaded in gray or yellow if it's a color is the varen is needed and all the other requirements I do want to point out that the lot area required is 2500 square fet they exceed that they have 2,700 sare F feet a minimum lot width is 40 feet they meet that lot depth is not a requirement but they that's where they gain the area where the typical lot depth is 62 and A2 ft they exceed that at 6 67 and a half ft so flipping over to page two continues the zoning chart and the plans reviewed and received and the documents reviewed to formulate this report so I'll skip right down to it to section three where where the Varan is required as follows minimum front yard setback for the porch on the first floor whereas a minimum front yard setback based on prevailing setback where minimum required is 5 feet 4.8 feet exist and 4.8 feet is proposed so if the average is three feet they still have to meet the 5 foot minimum so they are seeking four and 4.8 ft that's where the front of the house is now so it's an expansion of a non-conforming front yard setback minimum landscape coverage for the total area where has a minimum Total Landscape coverage is 35% 20% exists and 15.7% is proposed again this is a reduction of a non-conforming landscape area the comments I pretty much already mentioned the comments in the light area lot with meet the requirements uh total land total Landscaping is already being reduced to less than what is required and concern I have is the front porch will be right up against the driveway Landing itself to reducing the likelihood of being used again that's one reason why we got rid of the side yard driveways because they weren't being used because they're too narrow can't open a door and people put a fence up and just made it pretty much unusable and that's pretty more the pretty much the comments I have for this application thank you Mr McLaren Mr chairman Eric gy on behalf of the applicants Jeffrey and Jill Hampton Mr Hampton is here who has uh spent a lot of time working with Mr barnhard and myself regarding this application and you know just as an aside this isn't a new house it's not a big new construction project but a lot of time has gone into designing this um addition try to make it as F into the neighborhood as as much as as possible so even though we're looking at it just as a a port there's so much more to it to Mr Hampton and uh from the beginning of this which was several months ago Roger and I went back and forth on the sketches and Mr hampon was smart enough to hire Mr barart but I don't think anybody can really discuss what he's doing uh to the property better than Mr Hampton himself who happens to be here so um Mr Manos doesn't mind I'd like to have him sworn in he can go through what he's trying to do and then John can walk through please uh the positive and negative criteria but I think the board can understand from what Mr Hampton's about to say that he really wants to engage U with the street skates he wants to have a house that fits in very well with the neighborhood that still allows parking in the driveway and still is an improvement over what's there next think you don't mind coming up please and uh Eric I have a question for the non- landscape portion does that include what's rocks now is that is that included with a por included that is Landscaping I'm foll you there there's there's plants in the OR there were plants in the stones so I counted that as Landscaping okay uh Mr hton just your name and address for the record and I'll swear in yes Jeffrey Hampton Jon thank you and please raise your right hand you swear affirm the testimony you'll give tonight will be the truth thanks okay you know we've been dealing with this for a while and we finally here thank goodness the end of the year so just tell the board what you've uh really wanted to do with the house how we've been back and forth and what the goal is moving forward with the uh courts assuming the board would be kind enough to Grant the appli I appreciate that and first of all I want to thank everybody for giving us this opportunity to present this we appreciate it a great deal uh my wife Jill and I um spent a number of years looking for a home to purchase in Margate and our history with Margate was we red a home here for seven Summers and we really came to enjoy being a part of the community and we wanted to buy a home that was as we viewed it a traditional Margate home we did not want to tear down a home we wanted to renovate an existing home something that had sort of history with Margate and so much to the shrin of our realtor that's what we looked for for a long time and ultimately we stumbled upon five North Huntington Avenue is a house that has been years it has a lot of history with Margate we've learned about it from our neighbors and it means a lot to us so over the winter when we bought the house last year we spent some time renovating the indoors of the home updating it a little bit and now we want to focus on the outside part of um our goal is to be able to spend time outside to be able to be with our neighbors to be with our family outside because of the way the home is situated there is not a lot of outdoor space and an outdoor porch would be a natural solution to be able to solve that problem in some respects because of the way the house is right now we're a little bit trapped inside we sort of learned that over the summer and we really wanted to be able to to be outside and enoy the outside since we're here at the shore I mean the reality is without being too hokey I think porch is sort of the quintessential part of Shore Life U most of our neighbors do have torches and we really want to be part of call that fors community and by that I mean you know you think of the morning you get up you go outside you have your cup of coffee with your family you spend the day you sort of retreat there at the end of the day uh you spend evenings and special time there and you're able to to really be a part of the neighborhood we're on a fairly active Street Huntington Avenue there are a lot of people that go up and down the street we'd like to get to know them right we want to become more more in part of the community so as part of the porch we do recognize that we have to be St right we have to be good neighbors and we also have to be mindful of the purposes of the the requirements you know the zoning requirements So to that end what we would do in the um in the existing driveway is that we would shift that driveway there are two cement strips with a partial brass scrip I guess it's called we would shift that to the right as you face the garage and why would we do that because that will allow for a driveway that is is slightly incess 10 ft in width it resolves the issue that someone had raised about the concern about being able to open the door and our driveway is a little different because as you go down the driveway and get past the area where the porch is it expands in with the house gets in so at that point it would be 12 and a half ft wide and 16 feet long so we would have plenty of space to park this would not in any way deter us from parking in the driveway or Force us onto the street and the other thing that obviously to do is to make it look good it's important to us not only because it's important to Margate to have Landscaping but it's important to us we really like to take care of a home have it present well so to that end we will landscape around the front of the porch and our goal is to plant if we're able to do so two trees they may have to be dwarf trees but we will plant trees and Landscape around it to sort of make it look nice and make it you know sort of fit into the neighborhood this may also sound a little hokey we are empty nesters with two adult children that live in New York this sh house to us is a connector with our adult children it's a way to get them to be part of our family and there's no better way than doing that to be here together to entice them to come down and having those special moments outside um so that's why we would ask very much the Rel that we request be granted I have learned one thing i' I've read a lot about the work that you all do and I see now that you all spend a lot of time and effort doing it and taking it very seriously and we appreciate that and we thank you for that effort and I appreciate you allowing this time before you today thank you so chairman we do have Mr barnhard I'm GNA ask Mr Manos to swear him in to go through the positive and negative criteria and we won't belabor the point I think Mr Hampton said what needed to be said probably better than John and I can but at least John can walk through the plan regarding what he has designed for okay Mr Barnhart the name and address please and please raise your right hand you swear from the testimony you'll give this evening it'll be the truth okay and Mr barnhart's we obviously accept his qualifications as a engineering Planner yeah thank you Mr chair joh wel us with the plan I think sure um so our our client very uh clearly explained what his proposal is and what his what his intentions are um just real quick the uh plan you have before you was the plan that was that was submitted with the application the the pan shaded area here is the proposed area of expansion um if you visit the site or if you look at the upper left corner the existing survey there's just a small stoop area with some stairs down now and what our client would like to do is expand that um it would be at the same elevation as as the as the uh portch that that exists now um but obviously a larger area so you can actually put some chairs out and enjoy your neighborhood um as Mr Hampton described um a case like this is really about impact steer neighbors I mean that's really what it comes down to um from a from a varing justification perspective um we believe that this is this would this would fall under the C2 criteria uh where benefits outweigh the detriment uh the benefits of this project are continued maintenance and beautification of a property um while obviously it creates um creates better and nicer space for our client it also helps to beautify the property for the neighborhood um and is very consistent with the neighborhood so for that reason we believe that the positive criteria is established as I mentioned the real Crux of an application like this is the negative criteria and that is is there a substantial detriment to the neighborhood or or the public hood and if you look at the layout of this block it's it's it's uh rather interesting um our neighbor to the what I'll say to the north are going away from the ocean we essentially not see this project once it's completed because the existing home comes out to 4.8 ft in the front yard which is what the proposed porch uh intends to match so there would be no no additional impact from an air open space or View Corridor blockage uh for with regard to our neighbor to the north our neighbor to the South U if you visit the site has essentially The Identical home it's laid out precisely the same um in fact he has I don't know when but he has apparently expanded his porch at some point um and is very similar to u to the character of what Mr Hampton uh is proposing here so we believe that there is no substantial negative impact to the to the surrounding properties uh or or the public good and with regard to the Zone plan or zoning ordinance um we are only here requesting two variances which we consider to be relatively minor variances there are a number of existing non-conformities um but with a home of this age uh and of this layout in order to do anything to enhance it or beautify it or take it you know or bring it bring it to more current day standards of uh to enjoy living there's going to be deviations that are necessary to make that happen um and the deviations We Believe um are very are very very minor and and make sense for the property so as I mentioned the front yard step back we're we're at 4.8 ft matching the front wall of the home which is a variance um and then um overall landscape coverage uh is going down slightly as a result of the construction of this porch area um right now if you visited the site you would see the the existing porch and then adjacent to it there is just it's just a stone area which I think at one point might have had some some shrubs or bushes in it um the intention is uh upon completion of this is then to appropriately landscape in front of the porch uh next to the to the new stairs and not just have it be a stone bed so um with regard to the second prong of the negative criteria there substantial detriment to the Zone planer zoning ordinance we believe um that because of the the the Minimus request with regard to the two variances that are necessary here there is no substantial detriment uh and that the variances can be granted chairman we would rest based upon Mr barnhard and Mr Hampton's testimony subject of course to answering questions if the board has them or members of the public but we think we've established a positive and negative Mr Hampton's testimony probably carries a day with regard to what he wants to do with the property so we'll leave it to the board I I have a question on that real quick uh the front steps they're going to be at least two feet back from the property line that yes that that is the intention yes okay in the in the final design of those stairs it may one of the risers needs to resent into the porch slightly to make sure that two feet is maintained okay concrete ribbons are going to be removed and centered in that 10 foot opening that's what Mr Hampton just described so yes assuming we're fortunate enough to receive an approval we we will show that as a condition of the approval on a revised plan in my my eyes it really has to be yeah understood understood and Mr hon is agreeable to do that 10 yeah it's it's 10.6 actually so it's um it's actually a little bit more than 10 foot6 honestly but yeah so well illegal parking space is 9t by 18t the driveway has to be at least one foot off the property line so you need 10 foot I think Roger's concern was was the fact that the wheel strip was up against the porch is that that was what your major concern was yeah because all the older homes that the driveway in aside people put a fence up and then they don't use a driveway anymore they park in the street right and the driveway becomes a patio yeah so we will we will Center those wheel strips to pull the one away from the edge of the uh the edge of the porch okay but still maintain the one foot on the right side correct they have a room for they have the room yeah we have the room to maintain that yeah we have a foot point6 and more than we need yeah is that the area where the rocks are along the fence so that'll be at least from that fence line where the rocks are along theide there's some Stone here you mean yes yes correct so that that concrete is going to go toward that property line there still going to be they still be some grass there yes um the deck is going to be constructed with the deck boards correct it's not going to be like a Fiberglass Deck no no it's not going to it's not going to be fibergl it's going to be it's going to be a frame deck right yeah so there there's a slight amount of permeability with that because you know you have the spaces between the deards so it's not like you're making it totally impervious correct anybody else from the board okay uh anyone from the public like to speak okay public portions closed I think Mr chairman it's uh you know fairly subtle application Mr Hampton said trying to keep the character of the tree trying to keep the house from being demolished and rebuil it's believe it to be a very Tastefully you know designed deck barard but leave it up to the board to let us know what to do and yeah Roger I noted your report noted two Street trees if they can fit do we need to address that at all or just if they can fit them put them if they can fit them put them in there okay um no you can put him behind the sidewalker in front of the sidewalker he gets can behind side that's Mr patter correct where that's good two trees is fine let's say work with Roger to where to the two trees wherever they go in front or behind Mr Hampton Mr Mrs Hampton will put them in okay so it's two c variances I'll summarize them the front yard set back to the porch the house is at 4.8 ft from the front yard that's where they're proposing the porch but the requirements 5 feet and then the landscape the Total Landscape coverage uh 35% is the requirement and they're going to be at 15.7% the conditions I'll just note that they're going to shift the driveway over to the right while also maintaining that one foot side yard set back to the driveway on the right side they'll work with Roger to put two two trees in where where they can fit them and then I'll just note the standard conditions that we put in every resolution anything else in Mr mcclaren's report unless otherwise addressed applicant will comply with any representations that made during the course of the hearing and uh subject to any outside approvals that may be necessary so there's no other questions when one clarification on that the stone area along where you're moving a driveway over where the stones are now how what are we doing with that on the right side yes there was just Stones there now so we're going to add grass we're going to for the stones to count as landscape coverage they have to have plants in them we're we're going to turn that into lawn okay I'll note that as a condition to turn stones on the side into the lawn I'll articulate that better though 1.6 so when we when weer the going to be atast that's better than nothing I mean better than the stone so it work anything else um I drove by the property today and I noticed that there's new um air conditioning units just towards the garage from where the proposed porch is are you planning on having any vertical um obstruction to you know block that view to the um so you'll have a solid wall there you have to speak we come on up in the it goes on to the I'm sorry yeah you'll you'll see you won't see it from the street it will be as I guess a I don't know how to describe it slatted so that the air can still come through you can't put solid around an air conditioning unit but yes but you will be be closed thank you okay anybody else we need a a motion in a second and then a roll call I'll make that motion Richard Patterson we're always glad to see old houses being restored uh and you have very little to work with here usually we're pretty sticklers on Landscaping um but I I uh appreciate everything you're doing I had the same conc ER apparently everybody did that the car wouldn't fit in there and I was going to say move the strips over which you've already taken care of so uh I know 10 and a half fet isn't much but it's more than what's required and and I think it'll be okay so I approve the application Michael Richmond yeah I actually agree that having a front porch uh fits into the uh neighborhood and I think it is actually an improvement to the neighborhood so I'm going to approve it stepen ji yeah I'm gonna I'm going to agree with um my fell board members um my my biggest concern was the parking because it's such a serious issue but now you keeping the house I approve Dan Adams yeah I'm gonna agree with everybody um I like Mr Hampton's presentation on his demeanor of what he looked to keep the propert to the property and having a front porch on my house I agree with you gives you a chance to get to know your neighbors and get to know your friends and the fact that you're Shifting the driveway over will give enough access I was concerned about door opening in that but I I agree and iant the application as well John pets um yeah we can't AFF to give up any more greenace in Marg already nones in the state issues sea level rise that already well under as it exists landscape Drew Campbell um I think the porch will be a really nice Improvement to the street I think you live on the the best Street in Marg there's no doubt everyone who lives on that street is just great people um the the fact that you already updated the house the inside and uh updated it and not t it down and turned it into a six bedroom um thing that just happens to be I really appreciate that keeping it um in it in its pleasant state so I'm going to approve the application Rich Tolson my my first meeting um I anticipated being quiet but sticking to my true nature I will speak up um I think the preservation of any of the traditional homes in morgate is is valuable I think the on um the impervious surface in the traditional home is less um than what could go there if torn down and replaced as uh was just described um so I appreciate the fact that you saving a new home we moved here four and a half years ago um into an home that was built in 1963 and it'll be the last one that I live in so I I um I support this application Patty Rosenberg um I also live in a home that is nearly a hundred years old and I appreciate your your efforts to maintain this house um I think by having a raised deck as opposed to a um Stone found you know a foundation gives you know still allows permeation under the deck um I would also suest that you could use U permeable uh blocks with grass that grows in between it for your strips in your driveway which might add um some more um permeation in the area so I with that I would agree and approve this Craig pan yes outo living sum Liv I was going to say no on this as soon as I saw the dra driveway the application is approved with eight in favor and one opposed okay our next case is Timothy and I'm not g even how do you Tom what is it Mr pit was correct Tom senson okay Tom sens LLC 202 North Fredericksburg Avenue block 401 lot 6 located in the s30 zoning District seeking SE relief for side yard setback and potentially others for the renovation of an existing single family home caral taxes water and silver payments proof of advertising and notifications provided represented by ER Mr chairman Mr McLaren would you like me to begin or would you like to I'll read in thank you Mr chairman board members the report is based on the application of uh Tim Timmy T call two 202 North fburg Avenue block 401 lot six located in s30 zoning District FEA Zone elevation 8 required first floor elevation the bottom is elevation 11 with a allowable Building height of 30 ft above first floor so you can see variances as complete this is both a hardship variance and a substantial benefit VAR case so C1 and C2 ceria have to be testified to the applicant is seeking relief in the ordance of the city market in order to renovate an existing one-story single family dwelling with a non-compliant basement or ground floor and convert to crawl space for two stories over uh when I first looked at it I thought you putting parking underneath but you're not on an undersized lot the lot width is 10 ft less than what is required in this location uh the side your setbacks will not meet the required and will NE necessitate Varan for both sides as well as com setback the structure buys by the ordinance in regard to number of Stories on a lot less than 40 ft second floor will be constructed above the exist first FL so the zoning chart is on page two highlighted in yellow or shaded in are the variances identified continue on page three in the zoning chart additional variances and the documents reviewed including the plans by Keith peacock based on the uh surve provided by Bob Catalano no waivers have been requested as far as I can tell the variances are required as follows side yard setback to the left for the building whereas the minimum side yard setback of a principal structure is 5et 2.3 feet 2.36 feet exists in 2.36 ft is proposed it's an expansion of a non-conforming setback side your setback combined whereas a minimum combined side yard setback of a principal structure is 37% of the lot width or 11.1 86 ft exists and 8.8 ft 86 ft is proposed side set back to the left for the deck the deck is a new structure so that triggers another variance same thing as side your set back to the house 5T is required 2 36 feet is proposed if it's squared off at the edge of the house also in addition landscape coverage for the front yard where they are removing all the concrete in the backyard to comply with the Total Landscape coverage they are a driveway considerably wider in the front for double wide parking and it is pretty deep so and again the front of the house is where the front yard start so it's a large front yard and 27.9% is uh proposed where 60% is required I just I also want to point out a couple things where they are getting rid of the non-compliant portion of this house by getting rid of the basement that that triggers higher insurance rates for both the the city and the CRS program and also for the homeowner so in theory if that basement is a habitable space they could lift that entire structure to Bas plus thread in essence you have a two-story structure higher and they're just basically it's an internal lift where they're not lifting the house but they're adding what they could lift above the first floor ises everybody following it clear as mud okay so again they are preserving an existing house and this house has been up for sale for quite a long time I believe and and bunch of rers will call me up what can I do for this house what can I do for this property it's very limited so actually what they're doing is probably the best thing that could be done on this property um All Landscape requirements shall be met in regard to shrubs and trees again they get put two shr trees make sure they comply with the number of shrub counts for the front yard and the side yard we total yard and also just want to point out that the water service is off of was it Mammoth Avenue I believe it and it goes behind and there's an easement in the back I know there was an issue there with the Hass built on the corner and so I just wanted to point that out that that easement still exists and that water line still is in place so it's a new water line so just reuse the new water line if you can and I really have no other comments at this point in time thank you Mr chairman uh Mr McLaren so this is really like a technical legal case and I do want to kind of to follow up on a lot of what Mr McLaren said and I'll certainly submit this to Mr Manos under the state of New Jersey flood mitigation statute because this basement is actually a habitable full story basement the entire house could be lifted from under the basement to the appropriate base flood with a crawl space if that were done we would not need to come back before the board because the flood mitigation statute overrides Margate zoning code and the municipal land use law so what they're doing by filling in the basement is getting rid of an otherwise unfortunate problem which is a habitable basement no one wants to have a habitable basement in Margate with all we've dealt with Sandy and since then plus it is bad for this community rating system the CRS so they're going to fill in the basement which Mr Alexander is going to explain in a minute and build a second floor on top of what's there now rather than excavate from underneath and raise it up if they excavated it from underne and raised it up which does not need any variances the house would be higher than is being proposed presently so we think this is a better option we think by coming before the board even though we do have a pretty close side setback on the left 2.36 or five is required once again if we went the first route we wouldn't have to be here and it would still be 2.36 feet but higher than it is now with that we think this is a better planning alternative we talk all the time about the positive and negative criteria if we did the lift from underneath it would be a little bit more of a negative because the house would be higher 2.36 F feet from the property own this is a benefit to the property owners along Mammoth one of whom is a great gentleman who happens to be here tonight I'm sure he'll talk during public session about uh the fact that it is close to his house and we know it's close to his house but the option makes the house higher and just as close but by filling in the basement and you know we talk about what's what's a real basement what's not a real basement this basement is actually that's find second enough Headroom there's it's it's 8 feet of head plus the additional crawl space we'd have to building on by raising it up would put the house way too high too close for comfort so we think this is a much better planning alternative having said that and and Leo I'm not sure if you want to get into the details or if you want me to get into the details of the flood mitigation statute and the purposes for that but I think the board has dealt with a lot of these rais cases where if you're raising it and not expanding the footprint we don't have to be here as long as we're taking the house from the lowest habitable habitable level to base flood plus whatever the requirement is presently I have a little bit of a brief I did on that but I don't know if the board wants to yeah under the state law they can take the house as I think most of the board members know you can take a non-compliant nonfood compliant house and go straight up to the base the the base flood elevation plus three feet without having to come to the board for any variances and there's a case that uh judge ble decided out of long for where there was I think a you would know it better than me a two and a half story home with a basement and they raised it up so they got a basement they got like a four-story home out of it um and I think that's DK's point he's saying is we we could do that and be higher instead we're going to fill in the basement and add a second store story if I was accurate and sign up having said that I think it's important for the board to at least know what the house is like on the inside Mr Alexander who's a representative of the um current property owners here to be sworn in and he'll describe the house in detail and what he has proposed um one thing I do want to bring up I did have some conversations with uh the neighbor we we looked at some other options about possibly moving it and the architect couldn't figure out a way to make that work so it was either the second floor or the raise we think this is less of an obstruction but again we'll hear from public in in a few minutes I guess but if we could swear Mr Alexander and he'll describe what we have uh going on and and kind of okay Mr Alexander just your name and address please uh my name is Charles Alexander um 126 BB toown Road Hamington New Jersey my address okay please raise your right hand you swear affirm the testimony you're about to give will be the truth yes and you're the contractor for the app yes I am the contractor I'm also Tim T's business partner I'm not Tim T um I live on the island I work on the island so I you know I'm his contractor on the island to walk us through you've heard what we discussed about the raise from underneath versus putting the second floor on the thought process that went into that and the site constraints that restricted with because our lot is narrow we can't go two and a half stores the most we can go is 200 Marg ordinance but let's talk about the house and the fact that it does have a real usable basement that could suain Habit St and has yes the the basement is the First full full usable s foot high ceiling basement that I've seen you know on Islands you know is certainly in Margate um you know and the initial attempt was to you know remodel the house as it sits but you know for us that live here we know that floodwaters come and and raising the house and eliminating the basement is the right thing to do but we lose that square footage so you know I suggested that we you know we let's take the roof off and add a second floor to it and bring the house to you know flood compli you know flood vents you know fill the basement in physically fill it in to to you know at or above grade you know give them storage underneath and and do a complete remodel bringing the entire house up with you know completely the code all new electric plumbing everything um you know that would be instead of bringing it up from underneath which we don't want to be opportunistic and take advantage the that option only option one that higher house without having to be here but we think slightly lower more t right absolutely walk us through what those two different homes look um well I mean if we raised it in place um you know we would be at at 8 foot plus four you know to the bottom of the basement so we would be you know the bottom of the basement so we would have a crwl space and then a basement and then the first floor so Roger's right we would technically be higher if we raised it in that fashion um you know what we're doing keeps the house lower um it keeps the the front porch area as other people mentioned we all want porches here on the shore so you know it keeps it keeps it at a decent level five foot high off the ground um you know we we think we can make the house look presentable from the street we can keep it looking nice we can we can maintain the Symmetry we can you know perform the landscaping that's required by the city the street trees um you know and make it look like a beautiful property it's not flooded upon basically what we're doing on this house he taking the roof off taking all the siding off taking the whole cutting the whole interior basement in so all you're leaving is the four outside walls that is correct just so everybody know that's not really true you're leaving the foundation right well the foundation in the first floor right right so they're not just leaving the walls leave right but I mean they're leaving the foundation too yeah right right right right plate yes the same silk plate so you're just adding one floor we're just adding one floor um I'm looking at this photo it looks like what do you have like about maybe six feet from the ground level up to the bottom of the uh the bottom of the first floor or or the existing porch is is probably 8 in lower than the floor than the first the height of the first floor but but but if you're standing on the ground you look up at the porch existing porch on the front the concrete porch about 68t it's about five foot about ey level so um the basement itself would start there and then so goes kind of like halfway into the ground that is correct so so there's actually a side door on the house now with two steps down that goes into the basement so um that space will then become kind of like storage space you said for your kayaks and that's it's something going to be like about maybe five feet yeah listen it's not optimal for storage but you can still put your long chairs your kayaks you know you you'll you know it'll be hard to walk around you can H down there we have to file nonon anyway you don't have to follow a non conversion if it's um less than six correct but I'm saying if it were high enough right file on conversion then they still use theace this really could be used so it's a big crawl space is it going to be is it going to be ground or is it going to Beed over I'm sure we will concrete there's no expansion in the front or back no we want to use the existing Foundation it's in good condition it's center block um and use the exact footprint that's there now and just regain our square footage by going up and and give us a good good layout okay so in your flood certificate it'll go from your lowest graded floor from going from five to about 12 so that that'll be significant savings Roger I have a question the elevation it says require 14 and they're going to have 12 it says it's no it's Zone elevation 12 or8 it says BFE plus 4 is 14 required and they're going to have 12 yeah go back to the first page where it's eight Zone I probably had a 10 Zone oh okay so no okay they'll be compliant with that got it I have a question on the um curb C I believe that Roger is going to make us do a 9 foot curb cut uh which we will then have you know ribbons or two parking spots one N9 foot curve cut one n foot curve cut where you can go up to two two Park two parking spots everybody on the street has a OT curb C nobody on that street nobody 18 Cur and again Mr poman when we started talking about this project said we don't want to go for anything he knows important is keep uniformity on street I'm thinking of venor V he maybe do n foot I will I just have a question about the distance where the stairs are on the side of the property now am I reading that correct that'll be16 line the stairs that are there now or the ones that you're putting in yes we would want the stairs on the left hand side of that of that lower deck yeah I'm just saying I just want to understand is that 3.16 ft from the stairs to the proper line on that side yes yes because the setback of the home we wanted to bring the stairs all the way to the left as much as possible to keep it out of the way of the driveway and the cars and the two areas on each side will become landscape grass areas yes yes and that'll be 236 on the one side and from 6.9 down 31 back on the on the right side we want to maintain uh you know a sidewalk to the backyard if you will plus I'll give you a landing wide enough to make the turn course anybody else from the board um well I know we're reducing the amount of concrete in the backyard to increase some permeability there um I'm sure we could do ribbons in the front yard to increase instead of a driveway to increase permeability um you know but I think overall I believe we are increasing the permeability slightly uh but you know overall we're increasing it a lot we're at 31 we're going to 44 which is great but the front yard landscaping way to get couldn't you put two ribbons in the front like what you know what I'm saying Cent it like or it's one okay well that's an issue yeah well maybe we could do so many feet of concrete and then start the ribbons something like that to increase the front yard permeability and you know still provide enough room to to get the car in there how much are youings so for front yard it wasn't provided on the plant the overall Landscaping I understand y we know that driveway you know Eric another idea is maybe shorten the driveway so your AR parking right up against the house yeah well we need room for landscaping anyway but we would want some sidewalk to notwalk further down not driveway it's yeah we have enough room in the front we could probably do six foot of landscaping in front of the decks um you know before the driveway and then the street we would have to give you a calculation that's something it's it's better than what you have now I I think if you reduce that driveway length a little bit you can gain right that's more than you're proving now that's I think it would be nicer for the house too wonderful all right we're good with that we good with that I'm absolutely good with that okay all right anybody else from the board anyone from the public like to speak just just your name and address and I'll swear in sure Howard Freeman 7403 M Freeman Freeman okay please raise your right hand you swear firm the testimony you're about to give be the truth I do thanks thank you good evening everyone um I've owned the property at 7403 Mammoth for over 20 years um and first time I've here before the board so thank you for the opportunity um as we heard earlier um you know one of the real nice things of Margate is the summertime outdoor space it so happens that our property backyard backs up to the left side of the 202 Fredericksburg house so that's our backyard outdoor space where we enjoy time um also as mentioned the house is 2.3 ft from the property line what that means is that if I put my arm out I touched the house um what it also means is that the existing storm door that's there cannot open without hitting the fence I mean that's how tight that space is so my concern when I saw the application for the variance is that as we go up higher we're essentially peering right down into the space we're essentially getting closer because the angle of view is is less than 180 at this point in time um you can imagine as we go higher also having the the eaves and the gutters and on some of these days where we have the bigger storms the water already comes over the fence into our yard so with a little bit of wind it'll be several feet into the yard so my concern is purely out of the proximity to the yard in that point in time and the ability to enjoy the space without a detriment I do think there are options for improvement um certainly the house may be able to be improved respecting the side yard setbacks which is our rear yard that's one of the purposes we have setbacks is to provide empty space open space a little bit of privacy you can imagine two feet away extending a window unit out the noise overhanging you can imagine if someone put an alarm clock on their nightstand which is the bedroom window 2 ft away a radio um at that point in time it was mentioned that there was a supply line on our property that happens to supply the home behind us which is 202 there was an issue with it about a year ago we voluntarily move the pipe had a new one installed um with the help of the city using the city recommended contractor um so we're aware of of the property uh kind of limitation and what happens in that area and then we did some work on our house within the guidelines of not requiring a variance so I think while this is detrimental to us the really only benefit it may provide is to the contractor right and there's there's options there so it can be renovated within the existing space um it can be added to within the you know allotted guide uh guided setbacks that were you know approved in the plan talking about not putting a second floor on I don't know the second or can be put in the setback right respecting the 5T move it back in another two and a half correct I see houses in Margate where the second floor is inset and then there's a little sub roof over the first floor when they've been added to so I think that's an option and then the third option is in the front of the house there is ample space I believe to the front yard setback if it's deemed necessary to add living space that seems like a very appropriate area that it can be done without requiring any type of so I respectfully ask you to to consider those potential options I also do have a question this would be your view from your deck of the house the new house yeah well I have a question about that because when I look at the the um initial demo plans it shows some windows being removed and it also when I look at the floor plan shows more windows than what that view is so I do have some questions about whether that actually matches or not question yes is this your house that is our house yes so so this this house is got a high foundation and it's two stories correct that's correct yeah and you built that house we did well we had a contract it yeah is there a third floor in that house there is there's well a half Flor yeah towards the front two and half St over parking yes yes that's like I'm not sure the exact height yeah yeah yeah so when you when you bought the house or you built the house that that house was existing absolutely it has been for 20 years we've been so the setback was to whatever it was absolutely when you built the house right and then but you built a house that towered over that house by a story and a half right am I right well we we built the house within the spect you know yeah what's yeah so this is your no house yeah so when you built this house you you were way over you know above the yeah but way set back right right maybe 20t back you're 20 feet back well 15 to 20 I would say yeah okay right yeah so your setback from the house in question that we're talking about now yes from that house to your house how far how close is that I would say it's 15 to 20 ft I don't remember offand the plans in front of me okay yeah okay yeah um any other questions from the board you have anything else I don't I just want wondering about the plans and the what I what appears to be a discrepancy of that side buildup so what are you saying that you would you would kind of like maybe like to see less Windows there or I'm just not sure what's being HED up right yeah from the well I do know that there's a there's a building code that if you're if you have Windows huh for fire code yeah there's a fire code in Mr Adams uh if you're closer than 3 feet you have to have like a there's only a certain amount of Windows that you can put into that building does that make sense yeah yeah and I think I'm pretty sure that the windows that yet that are new had to be like either fire rated or you know so there's not going to be I don't think there's going to be as many windows that are shown on the plan that are actually going but I can't speak to that right now yeah that was my that's a building department thing okay so all right all right great thank you anything else anyone else from public okay public portions closed anybody else on the board all right we respect the neighbors we obviously know that uh anytime we're in close quarters it's going to affect someone but we think this is a better option than the initial option we discussed and house will be lower and a little less intrusive but of course that's uh and with regard to the construction of the house uh going to be approved by construction code official if it's too close they're going to have to put in Fire rated windows or no windows and they're going to comply we're not asking for any VAR from the construction code just from the zoning code so we could put gutters on that side we can put gutters on that side abely rest has any further questions we want to make that a condition that as a condition the gutters abely I thought that was C on the side facing 743 okay so it's uh three variances C variances now summarize them a side yard setback to the house on the left side 2.36 feet for five FTS required combined side yard setback we're proposing 11.1 ft where 8.86 ft or 11.1 FTS required and there's a side back on the left side to the to the deck of 2.36 ft also or 5 ft required and now with the front yard landscaping coverage as shown 60% is required they're at 27.9% but as that's going to go up because as a condition they're going to shorten the driveway and put about six feet of landscaping at the end of the driveway between the end of the driveway and the house that end of the driveway and they'll submit something to be reviewed and approved in Mr mcclaren's discretion and we'll get a more upto-date number but certainly should go higher than 27.9 if that's what you're at now that's correct um then I'll also note you'll add gutters to the house on the side facing uh the neighbor at 70 403 Mammoth Avenue and the standard conditions uh subject to anything else in Mr M's report unless otherwise addressed on the record tonight applicant will comply with any representation it may and uh subject to any outside approvals that may be necessary they need a non-conversion agreement for this could they're they're just under right yeah it's just across space that said we'll need a motion in a second Richard Patterson seeing as how they could raise this house with no variances and by granting the variances there's less impact on the neighbors and the house will still be smaller or lower than the neighbor's house and the fact that it's only 1,800 square feet when it's completed I I think it's a modest addition I think uh it helps the city bring into compliance it helps the flood braidings um I vote Yes Michael Richmond okay so if you remodel the house we have something called the 50% and if you kept that basement then you would you would only be able to put 50% of the assessed value of the of the house not the whole property which would really probably give you nothing so then you think okay so maybe we just tear it down if you tear it down and you conform then I you can only do a two-story house but it's still going to be you could probably do parking underneath so bottom line is it's you know maybe it's another two and or whatever feet away from that property line but it's still it's going to be higher you know it's it's you're still going to be able to get it because I I think for this property the highest and best use is what they're talking about doing another thing it does benefit it doesn't just benefit the contractor it also benefits the city because when you have when you take a a house and bring it up to the standard then it reduces the the flood insurance rate well it helps for the city in general so for all those Reasons I'm going to approve it Steph ji um yes I agree with Mr Richmond and Mr Patterson I think this is a much better alternative than what can be taking place if we were to raise the house because it's going to be smaller lower and uh it is it is an improvement and and a positive step towards the flood rating system in the city and I think it definitely meet it reach meets the C2 variances and I approve Dan Adams to uh Echo Mr J's comments I agree with the fact that it's going to keep the home lower by going and following Mr Patterson and Mr Richmond's comments as well um I also fact that there's going to be Improvement to the city CRS rating and to me it's aesthetically pleasing and it's to bece the neighborhood and improve homes the neighborhood value ofes the added landscape in the that's totally support and I agree support John pitz uh I agree has said already I guess uh the only additional I would make is we're always striving for affordable homes in Mar Will home the owner sell it attract families Mar Drew Campbell I agree with all the other board members um comments that they made I rich hon nothing further to have to add I approve Patty Rosenberg I also approve Craig pated house 30 foot L not much you can do you're doing a lot with it improve the neighborhood approval is granted with nine in favor and zero thank you okay third and final case is is it Britney Britney and Jonathan Santoro 300 North jome Avenue block 51202 lot one located in the S4 zoning District seeking SE variant relief for a driveway on Amhurst Avenue front yard setback on Jerome Avenue and potentially others for con the construction of a new single family home Colonel taxes wter and Sewer payments proof of advertising and notifications provided representative by okay uh M santor I'll just get you sworn in um Mr St are you g to speak as well I assume yes and Mr santur so why don't you just go down the line give us your name and business address name and address I'll swear the three in together sure uh Britney Santo 300 north Jerome Avenue Margate New Jersey 0842 Jonathan Santoro 300 north Jerome Avenue Marg New Jersey Richard St 4901 Harvard Beach Boulevard N1 Bri Team New Jersey okay and if you can each please raise your right hand each sar from the testimony you'll give tonight will be the truth yes yes okay I think I I heard three yeses so we're good um all right well don't uh whoever's going to lead off I'll lead okay go ahead um so we're year round residents um we have a young son who's two years old um I've lived here since I was six and went to school here so I want to recreate that for my son um live on the busiest Street in Margate in Jerome so when we were we first were looking to just renovate the home that with multiple contractors and the consensus was the home's just not worth saving unfortunately it's not one of those quintessential Marg homes it was just better to knock it down and build new so um when we were designing the house with Richie safety was the number one priority for our son to play so um utilizing our front yard on am just seemed ideal however we have a very harsh setback on um Jerome Avenue being that we have two prevailing front yards instead of a side yard that being 20.4 so that um is almost a third of our lot Frontage if we did utilize amers Avenue as the front um also if we did use that as you know that that space would essentially just be wasted space we couldn't put a pool in that front yard we couldn't even fence it in for our son to play um we're also seeking a variance for the parking the curb Cuts being on Amherst um currently it's on Jerome and parking is very difficult getting in and out of the the driveway so we were hoping to situate the parking in the garage off of Amherst Avenue and have the curb Cuts there um I also did want to note that the home would be flood compliant it would not only help our flood ratings it would help the city's flood ratings and we also um are building a modest home for what could be on the property um it's right now I think 2641 is a square footage which and we also have 44% Landscaping as opposed to the required 30 I think we could have built a home well over about 3,500 square feet there so we're keeping it very modest um we're not looking for you know a huge three story or two and a half rather it would just be a twostory home and even with that limited square footage we can't situate it on Amherst with that harsh setback then I can let Richie take over sure Mr sturk it's not going to be an issue but just can you just give the board a brief uh description of your background you're a licensed architect in New Jersey yes I I am a licensed architect in the state New Jersey um and I run my own firm called storic architecture LLC out of Bri team and we'll accept his credentials we just have to do that thank you thank you um so as Britney stated um the biggest um issue when we were designing this house was the safety of the family and the young children that live in the home um right now the setback off Jerome Avenue is uh over 20 feet um so given that the the distance from Jerome Avenue to the rear setback line uh towards Kenyon Avenue is only 64 and feet um we wouldn't have much space to work with in terms of Designing a house and creating a usable backyard to be able to fence in uh for you know uh kids to safely play um and um in addition to that uh situating the driveway on Amherst um takes away the danger of having to pull out into jome Avenue during busy rush hour traffic so um it's it it's really a factor of safety here and we're just trying to a lot as best we can um and in addition I we're maintaining over 16 almost 17t to the next uh neighbor onam Avenue so we're we're keeping a little bit of distance there as well that's fine I I'd like to comment on that too I I think I was going to say it should be wider because there's no parking on that side of the street and with cars turning around on an Amer six in I think they should make it wider uh so the idea in making it 18t 6 in was that each edge of the driveway aligned with the garage doors um so ideally we would like to keep it 186 um you're not affecting on street parking at all because there's no parking on that that that block at all and I think if they have a WI area to turn to back out with cars coming down drone turning on the ammer the site safety and the timing is better right six in yeah I'd say 20 ft is ideal for that location we'll take 20 just that's just my recommend do everybody make it does everybody understand that it's not taken away from the parking because there's no parking there anyway and it is it is a saf situation in that area I mean Jerome and Amherst Avenue is tight you right okay if You' like I can read my report why we're at it thank you the report is based on the application Brit and Jonathan Santoro 300 north Jerome Avenue which is actually Jerome Boulevard at this location block 51 2.01 lot one located in S40 single family zoning District so you can see variances they have to meet the positive and negative criteria again the hardship is based on two front yards and are based on the they have to comply with two prevailing front yard set packs and of course Drome Avenue being as wide as it is the setbacks a little bit W further back so that's provides a little bit of hardship for them uh Mr St and I actually met a couple times ago over the project and you know and and we tried to get that driveway off of Drome Avenue seeing what you know it's five Lanes of traffic very difficult to get into now um so the variances are as follows as a front yard set back to the building on Jerome Avenue whereas prevailing front y setback is 20.4 feet 22t exists and 6.83 feet is proposed and again we met and we discussed why we had to be 6.83 feet and the idea was to get the outside area away from Jerome Avenue back to what you would call the backyard even though a side yard to give them a buff area otherwise they had an unusable yard U curb cut width whereas they 18.6 F feet 10 ft exists and 20 ft is proposed per cut location again when we the idea of the zoning orance was to get the for Corner lots to get the curb cuts off the main streets this location ammer Avenue is busy itself but not like jome Avenue and again you have the again five Lanes on Jerome and you have two lanes and no parking so you won't have any obstructions on amoris Avenue to pull in and out so again my opinion is that that is the better plan to go with think I have my other comments they're going to comply with all the landscape recurr Street trees shrubs they did move the fence back on Drome Avenue back to where the front yard setback is yes so the uh the fence that encloses the backyard would be aligned with a prevailing setback not the uh face of the house on dram Avenue and the reason my thought on that is you don't want 50 ft of just sure fence wall windows yeah it was a little little bit of relief there um I have some propos from uh revised plans if you guys would like to take a look at them in this house we'll have to have a nonconvergent agreement for the ground floor that's uh and again I have no really other further comments I think was a good application and and again we did spend some time together going over this and uh try to make it the best of a pretty tough location concludes my rep you're also going to have the uh the fireplace is going to face J Avenue correct yes yeah so it gives it a little more interest on that side a little more architectural detail than just having a you know flat wall yeah exactly I think the idea with uh situating the house the way that it did like you said with the fireplace facing Duram Avenue um the number of Windows that we have on that the side was to kind of give it some architectural character as opposed to just a monolithic wall right also what the um on the Dr Avenue side you have 6.83 to the property line and it's still another two feet of grass so it's really 8 foot or an 83 of grass you have anybody else from the board have any questions comments landc in front of the fence like yeah it's not just land add Street Tre yeah so four in total yeah are you going to go back to the red paint like the house my PO husband painted that white by hand I I used to live in the neighborhood I could not believe it when they painted I know is the pool part of the uh plans when you're building the house that is the goal yes as long as and you're concerned about safety for your child there will be a fence there'll be an additional fence in closing the PO okay um everybody from the board done anyone from the public Eric to exitor court I think this is the absolute you swear to tell the truth I do Mr Manos I think this is the absolute perfect type of case the board wants to see you have a young family who bought a house a little bit older flood damaged did some work to fix it up and now really doing something to make it great just changing the orientation from uh Jerome onto Amherst getting rid of the parking spot um I'm sorry getting rid of the parking curb cut on Jerome be one more spot there the county will like that and then changing the orientation to Amherst this is the prototypical case that the board should want to see I walk my dog by there all the time it's really if this house is built the way it's designed it's going to be perfect for the neighborhood maybe something that Spurs other younger couples to do kind of a similar thing so uh I'm very much in favor of can I ask a question at this point sure Mr Goldstein you just said something that caught my attention if this house is built the way it's proposed what does that mean it means that the plans are phenomenal it look like it could be perhaps an expensive bill but if they're able to build this house it's beautiful a don't disagree yeah yeah what would change who knows the the way this architect designed the house it looks like it should be an architectural guide so if they're able to pull this off and have it look like it does on the plans then well here's the deal um if you if you get variances then you pretty much have to design the house the way it was strong not necessarily you just have to comply with the variances that were granted oh okay it happens all the time it happens all the time and you see a house and say that's not what I approved but what was changed was did not need a variance this guy's design is TLS leave him alone hopefully they can make it look like his plan looks because if they can it's a great addition we plan on trying our very best to meet it you know everything's been bided out and we're we we're looking good so far so everything should I would say one thing I definitely want to see is the fireplace on Tri Avenue okay yeah I don't want to see a black wall there you know what I'm saying yeah no of course so absolutely all right okay Le okay it's uh three variances the front yard set three C variances I'll summarize them front yard setback the house along drone they're at 6.83 FT 20.4 ft required a corner lot here the testimony the curb cut width it's going to be 20 feet um 18's require no more than 20 feet you go no you can do less I suppose but no more than 20 feet 18's the maximum and then the curb cut location it's going to be uh on am Avenue was opposed to Jerome for all the reasons we explained the conditions I I'll know you'll put the landscape in front of that fence to to Roger approval um and the standard conditions that we put in every res resolution to comply with any representations you made subject to any outside approvals it may be necessary um shouldn't be many anything else Mr M's report must otherwise addressed and then you know I saw you submitted some revised whatever he needs you'll get to him four sets of compliance plans or whatever he needs and that said we'll need a motion a second and roll call vote I'll make that motion Richard Patterson I agree with Mr Goldstein um everything he just said uh I stood where the corner of the house is going to be I I think it makes much more sense facing amst Avenue and standing on the where the corner of the house is it it doesn't affect sight lines coming down to own turning on anur uh that setback would be ridiculous if they had that set um I think it's a great plan a great addition marate no negatives and positives and it will'll certainly get rid of an is the paint did a little bit but it no we know the house was an is it was never kept up it was always a mess so I approve Michael Richmond yeah I agree with Mr Patterson it really is a good thing for the city um good thing for the neighborhood and the community and I'm going to approve it Stephen ji I'll also approve not I don't have anything else to add I approve Dan Adams I'm going to start off with I believe that uh Mr Sano I believe that you are going to make sure in good faith that this happens as it sits there and based on your testimony based on what you said assure you that you will make all this work I will by we can gain Park spot on a busy that across the street I thinkon build John pets Drive espes I good luck thank you drew Campbell I agree with everyone everyone's saying um I know that's a unique Corner because you can't turn on in that shoulder area parking area so now you're going to have another parking spot there is in a weird way slow down traffic there's which is a great thing and I I haven't been keeping tabs all year but how many parkings we actually gain it's a we've gain always looking get more I approve great thank you Rich Tolson I approve with the hopes that you bring this to completion as designed trying our very best beautiful I don't live far from there and it'll be better to look yeah thank you good luck Patty Rosenberg that's okay um I'm always delighted to see young families move into the area I moved here 40 years ago as a young person and raised my children they went to schools and U welcom you back um I think the house is very nice and I appr Craig palan children field across the street use those field we do okay iove thank you so much approval is granted with nine in favor and zero I was just gonna say he takes care of that for now it'll be great thank you so much just kick me Tom are we gonna keep the MTH Avenue PR or yeah just don't get rid of it okay everybody hear that the MTH Avenue print keep that all right give them back to please thank you just the M have a teny disappear not that we don't trust the the car thieves going around stealing plan all right anything else yeah we got one more yeah we got one more thing we have to go it shouldn't be too long but we Craig we're gonna we got one more thing going on um all right we have to go into executive session for for the new members this is from something obviously before your time but so we'll just note you when we vote to go in and we take action as it as uh exensions but you can certainly listen in and any questions but um we now have to go into executive session which is closed to the public and that's to discuss matters related to pending litigation and attorney client privilege matters the pending litigation is 7811 Atlantic City condomini Association vers city of Margate uh which is pending in the Atlanta County Superior Court um we will not take any official action in close session anything official action we take and I do anticipate that we will we have to come the law says we have to come back out go back on the record and Open Session and then take any official action so we have resolution that I that I distributed it's resolution number 34 which just is a resolution that authoriz to go into executive session we just get a motion a second and an all in favor and then we can lock the door all in favor any okay uh we're now back in in public session uh the board just met an executive session to discuss uh pending litigation 7811 Atlantic Avenue versus city of Margate and Rus LLC pending of Superior Court New Jersey that's the Roberts litigation um for short uh the board discussed matters regarding that and umy client privilege matters there's now a resolution before the board resolution number 35 it's a resolution authorizing the city of Margie planning board to enter into and execute a settlement agreement and mutual release of pending litigation that's the litigation I just referred to I'll just stated for the record 7811 Atlantic condominium asso Inc versus the city of Margate the city of Margate planning board and Rus LLC there's three rotus entities but that's not that important um a written settl agreement specifying the terms has been prepared reviewed by the city of Margie planning board and the City of Margie planning board's desires ratifying the settlement agreement mutually and mutually release and authorizing its execution and now therefore the city of Margie planning board resolved that the settlement agreement sure be board ratified so that's basically what the resolution says again it's resolution number 35224 and by adopting this resolution we'll attach it to the settlement agreement it authorizes Rich to sign it and our our our uh part of that litigation will be over so need a motion and a second and we should do a roll call vote and you can just exclude the three the three new people on that roll call so Mo what are we G say approve motion to adopt resolution number 35 authorizing the execution of right so will we do the roll call Vote Yes or just a yes or or a no for whatever reason um I don't think it's going to be so we just need that motion in a second okay Richard Patterson yes Craig palano yes Michael Richmond yes John pittz yes Steven ji yes Drew Campbell and we do a motion to close unless we have something else I'm sorry go ahead go ahead John had where's that we uh Tom and I have talked about it we've looked at other sites um actually Ocean City is there's some people in Ocean City that really want to expand on that too um we can incorporate that as part of the master plan discussion where we can I think we asked Terry Cummings to design that house on Atlantic Avenue to keep that one open and I think we ought to look at that as a like a a see how that comes out uh but yes we are continuing considering that but we what is the master plan coming up uh we have to get it in the budget and we're hopefully get under contract or get RPS by Spring okay so every 10 years it was finalized in 2017 you're allowed to do it you can revisit it anytime you want but you're mandatory every 10 years used to be six then they changed it to 10 you can reexamine reexamine it every whenever you want and again you can look at small bit bits and pieces of it um at some point in time we're going to be forced to have a fair share housing plan element which we do not have it now um that could be big bur on the city of morgate but there's other towns that are in the same boat as we are Roger we you and I had time I talk about it I thought we had talked about it doing it before the master plan you think it's best to wait for the master plan we're so close I think we ought to wait because one of the items we're talking about with the master plan is reducing like building coverage introducing an f and how's that going to look we might not need to open it up okay but I I think we should open it up I to me it works I just that's what we talked about I think we should I think it's I think I since we're so close to the master plan anyway I would right okay but that's going to be number one you know high up on a totem poll there priority list so why we I just want to bring up some new business that was just part of the old business in executive session where the uh after dining legislation passed by the legislature and the assembly has to be signed by the governor and that does is it's a big deal a dining that we've been approving by resolution every year is going to be permanent now and it's going to allow 75% of all parking spaces to be occupied by outdoor dining 75% of all parking spaces like uh on site right and ajason sites so carment like uh Tomatoes their property is across the street so not really adjacent it's not connected that'll be allowed now before it was Co was kind of ABC kind of gave a little bit of relief on that plus you had a separate liquor license for that lot anyway but this will be law now where not contiguous properties would be if they're owned by the same person they're going to be allowed to use it so it basically renders our commercial parking requirements non void uh have an application coming in I don't want to discuss the application or name it but they're going to come in for a permanent structure where they used to have a temporary structure the out dining and I do know there's other probably two or three other businesses that are going to be seeking the same thing I told them all to hold off until this law gets signed off and we we can be consistent seg way into that I've been meeting with the commissioner of Public Safety and chief Hinson as well solicitor Scott Abbott where we need to refine our outdoor dining ordinances right now our outdoor dining ordinance really addresses sidewalk dining outdoor music doesn't Define onsite like Roberts doesn't Define uh of tomatoes any any anything outdoors so we're going to have one ordinance outdoor dining onsite outdoor dining on public places so what this also does it legalizes what venturers is doing so but we have to collect a fee from venturers which is a benefit to the city um the beach bar right yeah they had a long long pretty long battle with the D and I guess perseverance works out but I do want to point out we were one of the first towns in the state of New Jersey to allow the outdoor dining and it was so successful that I don't think anybody V voted for against it in the State Assembly or whatever but it's it's proof that it works it's proof that people will find parking the matter where they go it's proof that they find other modes of transportation to get to and from so Captain Andes and everyone's giving us crap about granting the variant for 54 parking spaces they don't need them now they could be outdoor dining so it's a tradeoff so again I just wanted to mention that to you when the governor signs it it'll be law we still to do interior work here to absolutely ABS absolutely I think I think that's great that um like you said I mean I've had I've heard some of the things about the you know how the outdoor dining but on ourn has to be like tightened up right or yeah right because we relied on you know what the state allowed through the rules and regulations and we kind of loosely base it on our ordinance for after dining kind of Applied that we based it on a resolution and we made everyone get a zoning permit so now we'll still make everyone get a zoning permit U but it'll be one time I don't think so hey you know it did work I was going to say d that's what happens when you hand my $5 bill well if the city collects a fee which we are entitled to uh we have to bring a fin yeah $50 right anyhow I I think the out there dining is proven to work I think it's good for Margate it's attracting people to come here uh visit our wonderful restaurants we have and that's just wanted to add that to our conversation great um okay anything else and again I'd like to welcome the new board members yeah all