##VIDEO ID:KZFDdFLwRaU## okay we'll call to order this regular meeting of the Town motion Board of adjustment um can we have the roll call please here here here here here here here thank you CLA we have the salute to the flag please to the flag United States americe for all the notice requirements of the open public meeting law for this meeting have been satisfied a copy of the notice having been sent to the Asbury Park Press and the coaster and filed in the office of the Township Clerk there's an emergency exit through the courtroom doors and two exits at the rear of the room there's no smoking allowed no new cases will be started after 9:00 p.m. no new testimony taken after 9:30 p.m. in addition the applicant will be limited to 45 minutes of testimony all meetings will be video and audio taped and shown on the township of otions community cable channel channel 22 on Verizon FiOS and channel 77 on cable vision please turn your cell phones off if you need to make a phone call please make your call outside of the meeting room we have the following minutes for adoption um April 16th 2024 all in favor opposed also minutes for adoption April 18th 2024 all in favor any opposed and finally minut for adoption September 19th 2024 all those in favor any opposed Okay resolution memorialization Joseph snado block 5 lot 32355 Lake Avenue Oakhurst um boy spam spam of course it is um okay so for uh the resol mization of Jo for Joseph SN um do we have to call who we do all in favor for that one right yeah all in favor for that is everybody here that was on that all those in favor hi hi any posted okay the eyes have it2 Bloomfield Avenue LLC block 40.2 Lot 8 which is 102 Bloomfield Avenue all those in favor hi hi any opposed okay um the next one on the agenda is the denial of the preliminary and final site plan approval for IAT Services LLC I have not finished that resolution and it will be Carri that'll be carried to the agenda for November 12th okay so we'll carry that to November 12th all right carried case to November 12th needing to Reen notice is Abraham and Margaret mosery 491 South edir Drive West Allenhurst and then Carri cases to November 12th requesting no new notice is IAT Services LLC 1418 Highway 35 Oakhurst and IAT Services LLC 922 Highway 35 um those will be carried to November 12th they were on the agenda we heard them at our last meeting we heard them on octo uh September 18th and we told them we would carry at tonight's meeting for a placement further correct agreed that it wouldn't require the notice okay does anybody have a problem with no your notice on that okay uh the carried case to December 19th 2024 uh requesting no new notice um I'm going to ask the board to discuss this one this is Sammy haar block 62 lot 8507 Stafa Street West Allenhurst that's your that's mine now I understand you're going to submit revised plans correct any new variances uh I do I'll advise clear and there are new Varan I will have to reti I I think that some of the issues in the prior notice didn't give any numbers at all okay so I I think it would especially we carrying at two meetings that you re Reen notice and and you check with Claire before you send it out so I'll talk to Claire about all this may be a mood Point okay okay so we're going to ask you to Reen notice on that very good okay but that's that's the December that's December 19th okay uh new cases Michelle lonza block 39.1 lot one 600 bound road is Miss lonzi here oh attorney for the applicant Mr hirsh hello thank you Mr chairman Miss L can you give your name and address and we'll SAR you in Michelle lza 600 bound Road Ocean New Jersey 07712 okay you raise your right hand do you affirm or swear to tell the truth and the whole truth I do thank you very much Mr hirs thank you uh good evening ladies and gentlemen Thomas J herh behalf of the applicant um this is a rather simple application sure you've probably seen uh some of the information on your review package I only have one exhibit and one witness um I have a package of four photos I'm just going to ask my client to identify them I have copies for the board I don't know if we need to hand them all out it's up to I'll leave that up to the board shelle did you uh take this Photograph yes and does this reflect the condition of your house as it currently exist yes and this package has other angles shots of the exact same Frontage of your house yes and it shows the Improvement that's the subject matter of this application yes which is the poro Portico over the front door cor yes all right thank you so okay Mr H I think we Mark the packet right and then we should Mark those we don't have the bo packet C1 Bo one and that will be A1 for the I have copied a packet for everybody in the board if you want me to hand them out I I would like to see it yeah that's great thank you we'll do has this been built already has this been built this is existing sure thank you thank you we can pass them down yeah thank all right uh Michelle let's go back uh briefly and uh to give the board an idea how you ended up here at tonight for this particular variance this all essentially starts with certain improvements you were conducting performing on your house correct yes what were they so we did a complete renovation of the second and built a third floor we got permits um many permits every time we whatever we did changes um we were doing the outside uh siding and fixing the stairs that were broken and the existing landing and put uh didn't think we needed a permit for the uh poro the roof over the top and when we came to have the inspector I think it was Dean Ferrera um we was uh uh inspecting other or closing permits doing walkthroughs and then told us that we needed a variance for it lo and behold it was already built or it was We were finishing it so we didn't know that we did something wrong right now and we do have other photos I just don't know how much detail a board needs some's going to get it by testimony at this point and in terms of your neighborhood are there other similar homes with the type of portico overhang over the front porches I have lots of pictures in a two three block radius there are many homes if you'd like to see that packet as well now uh so we're clear as in the application the existing uh home uh front yard setback uh did not meet the zoning ordance it was a pre-existing non-conforming situation correct we did not change the landing and you didn't change that so there was no variance is needed when you got your zoning permit and building permit correct and the Portico that is built is just over The Landing it's no closer to the front yard uh property line correct so it's at the same setback that's not been exacerbated it's just that now there's an additional structure if you will within that setback absolutely and that creates your variance yes all right and of course the porch is just an open porch that we see through it's not we had not added a whole solid structure no the open front porch no just as uh show that's essentially our case if you want to see the other homes in the neighborhood I'll hand out those packets I didn't you know I didn't want to Overkill it do anybody have any questions at this point was there an overhang to begin with I just going to ask when we bought the house there was a a small lip but when a storm came it tree took it down so we didn't never replaced it did a picture of what it looked like before you did no it wasn't like this no it was a small lip is that what I was trying to understand when you say in the application um previous 24 in to 56 in it says the new front door hanging Gable was 56 in from previous 24es that mean there was something projecting two feet and now it's the full depth um can I defer that to Chris my family member who's my contractor we can call another witness if you want Chris excuse me no no you got to be sworn in identify and sworn in you got to be sworn in you got to come up um hearing you just have to speak really loud we'll be faster if you could just say your name and your address uh chriso uh 41 East bossworth farming Deale New Jersey you swear airm what what you're about to testify is the truth the whole truth yes thank you no okay so the question was the 24 versus just yeah clarify in this application uh it says the new front door hanging Gable is 56 in from previous 24 in yes I put that in people said but that was the what used to be at one time or another I tell you the truth I'm not even sure if it was to you know 24 Ines or so okay I do for what I remember this is many years back we took this down so your your question about whether or not there was a canopy there knocked down by a tree may have been 2 feet deep now it's it took down not only that but it also took down all the electricity of the house it was quite a bit of mess yeah all right thank you so playoff season and we have pin  here for the folks that are usually at the table over there Mr foot do you have any uh planning concerns here uh so I'll just uh uh take my cues from Mr Higgins from his uh report dated July 17 2024 um as has already been noted uh that uh this does require a minimum front yard uh setback variance uh section 21-24 point2 a1d um I also just want to for the uh the record point out that the reason that this is considered as part of the the front yard considered an encroachment into the front yard area uh is due to section 21-20 point11 where PES and decks are considered part of the principal building uh and are required not to project into required yard areas uh therefore that's why uh we have a minimum 50 yard uh 50ft front yard setback uh for the principal structure which includes porches and uh uh porches and decks uh and the proposed is 47.5 because of that new uh the the new Roofing over the uh the porch uh that that kicks in the variance uh the additional comments uh that were uh uh were made regarded a uh brick area in the back I believe there was some back and forth uh between uh the applicant and the uh the board secretary regarding this uh brick area that was removed it was removed okay I just want to get that on the record uh that it was removed uh but there is a shed that is shown as a uh a dotted line on the survey that was submitted as part of the application packet uh that is uh that has been placed there so that had a permit back in 2018 or 19 so that was one of our first permits and that was uh closed just want to get that on the record uh and then permits uh we have uh a deck uh the P driveway old paper driveway was removed and new paper driveway was installed those all received permits as well correct corre okay all right uh that is all I have as far as uh planning comments Mr Rizzo yeah just quick thank you Mr chair just to quickly follow that all the the deck and the driveways is everything constructed at this point are you compl the deck was and that's all been inspected already that's already been inspected and Ted okay thank you U Mr chair nothing further from an engineering standpoint okay thank you any other questions so we're clear that the 47.5 is where the front porch is now okay so we're just over that same 47.5 yeah yeah any questions from the public any comments from the public you have a motion to close the public oh sure come on up just want to CL you have to come up and be on the record and identify okay you could just state your name and your address Drive okay so affirm to tell the truth and the whole truth I do okay I just want to clarify that the sentence say says the unders further seeks any and all other variances as found to be required was you had mentioned that already well okay that is a stand phas that is giving in all notices because there are times and she may have come forward today and we found out that the lions that she's showing are in the wrong place and she needs a second variance for that um and if that occurs that's just an example uh then the board has the jurisdiction to which to Grant it if it's discovered by our professionals or something um post application okay I no other Varian is being asked for denied okay that's yeah yeah it's just in case something comes up and we realize oh you need a variance for that we can add that in the moment and want yeah if we if we agree to but it has to be stated yeah it have to be stated yeah there's nothing to the public notice yeah it would all be out in the open so in this case there's nothing be one of the professionals reports or it would be something that come up at the meeting not in this instance instance the only variance they're asking for and if theard the grant would be for the covered front porch set back to 47 there's nothing else needed for the house itself no house is performing not not to our knowledge and they will not get a CO if there's something else okay all right thank you thank you any other comments do you have a motion to close the public hearing motion to close the public hearing second clear can you R please yes yes yes yes yes yes yes can I have a motion for a positive resolution or a negative resolution approv or for a positive resolution I'll second yes yes yes yes yes yes yes very much thank you ladies and gentlemen thank you for your time thank you our next case Emerald Jade LLC block 62 lot 4515 Myrtle Avenue West Allenhurst attorney for the applicant Mr Robert Farber hello Mr Farber good evening Mr chairman I'm going to just give some information to okay so we'll start by maing the board packet we're all messed up let's wait let's not look at yet let's introduce them and identify all right Mr far can you can sit down and sing to the microphone everything you just s this is one pack of everything sh good evening Mr chairman uh Miss Litman and gentleman of the board Robert Farber representing Emerald Jade Corporation for this application 515 Myrtle Avenue block 6 to Lot 4 um this is a variance for the placement of two HVAC units that were placed in the side yard setback as well as a shed in the sideb back set yard um uh can you say into the microphone the what you handed yes I'm okay and and um in addition to the package that was submitted there are two sets of photographs uh one set I believe of five photographs that's been marked A1 constitutes pictures of what uh around the building uh and uh A2 constitutes photographs showing the actual hbac units as well as their placement relative to the adjoining Lo pass him down so we can open no and who took them um these photographs were taken by the witness here I mea will be SW okay yes let's have everybody has one okay let's uh you state your name and your address please I me you give 1000 W up Drive Ocean New Jersey what was it spelling your name I mean Amit last name is y g like George El like Ed v like Victor and do you swear firm to tell the whole truth during their testimony today thank you I meet you are the witness you are the principal of be worthy construction you are the general contractor 515 Myrtle Avenue correct okay um presented in New Evidence were or presented to the board were a set of photographs A1 and A2 A1 shows the area around the house correct and you took these in the accurate correct same with A2 which shows the HVAC the actual units themselves the shielding and the relation Vis of the neighboring property correct correct there's also a Google Earth map view correct oh I don't know before I begin I don't know if you want to hear from your professionals first or if You' like to begin the other way pardon no we're going to enter the board packet as B1 yeah you present your case and then they comment very very good okay the issue um before the board are two hbac units that were placed in a side yard uh within the 10t setback both are approximately 8 and 1/2 ft from the yard where 10 is required there's also a shed that's 7 and 1/2 ft whereas 10 are required um presented as a one where a series of photographs on a meet you took these photographs correct correct now the configuration of the house has um in the rear there are obviously three sides and in the back there's a builtup deck area correct corre and if you look at what's been marked as A1 the the first two photographs I believe depict the back of the home which basically show there's steers down to the basement there's a builtup deck and there's really no area in the back where H back units let go back a littleit okay this is a brand new home correct yes okay and building plans were submitted to the borrow yes okay and the air conditioners were not shown in these places right the conditioning units were shown where the pool units are and and I'll explain that and that's part of the packet and we'll be explaining so so why did you build them that's going to be explained bu it's built everything is built and that's why um there's a variance application because it was made in error Mr Steinberg In fairness you suggested he go first so let him go first [Laughter] in context though the context you where to put them okay but I would like to express that and I will Express that in a nonorg commended or any sort of way um if you go to the third page of the package there is the pool equipment now the pool equipment is in the area where the plans show the hbac units we're going to do the pool equipment is right it takes up a great deal of space and as you can see um there is not a lot of space around the pool un and if you go to the fourth photograph you will see steps leading down and about 3 ft from the base of the steps is a basement window um and the final photograph shows the other area of the draw of that portion of the house and these portions are by the driveway is that correct Mr y okay I me um and if the HB units were placed there it would have precluded a car from being pulled in correct correct so because of the pool equipment taking up as much space there and the configuration of the back of the house um the HVAC can uh equipment has to be along the house so it's as close as possible to the air exchangers um you could not put him on I'm going to call it the Eastern side correct correct and the back there's no place correct leaving the north the west side correct correct okay excuse me moment may I ask a question yes who is your architect sir Tom lean did you consult him when you realized there was a problem with the spacing as your suggest well I which I understand is a legitimate problem sure and I want to I'll elicit from so so when the uh client uh met with the architect to design their new family home they required a certain square footage they wanted to Max the width of the house so they left enough space for the condensers and the pool equipment to be on the east side if you were to look at the at the at the Ser at the survey what happened was when the U pool um Plumbing uh individual company came in uh prior to their installation while we're in the midst of construction they told us listen I think it's going to be extremely tight you won't be able to accommodate the two condensers and the pool equipment go Ahad wanted to ask you a so sometimes you need to tell your client as you know I'm sure how long have you been a builder so unfortunately can't you you unfortunately yes the HVAC contractor took upon himself to go ahead and run it U to the West Side I wasn't there at that time tell him to unun it to move it and we found that after the fact she's my poor grammar right but we found that after the fact and the reason we hear now is to seek for variant to see if it's possible even though it's after we have a finished basement um needless to say how much money they spend in order to live in where beautiful West allers and they wanted to see if the board will be willing to Grant this to them okay um well I have a question no one noticed during the construction phase that the agback contractor decided to move it that was never caught right so so he did all his installation and no one noticed it was in the wrong place correct because again it's it's about eight and a half foot he was out the Inception he was not he was not aware he was not aware of the setbacks of 10 feet so that's why it's eight and a half be able to well when you work supposed to follow the plans when you work with the plans you don't work with the engineering plans you work with the architectural plans and the architectural plans are different than the exterior of the servy so there was a mistake on his behalf and then we overlooked it and now here we are today so I'm sorry and this was a brand new house from scratch right built from the ground family home new construction can I ask a question can you show me where the pool equipment is on this drawing because it's not really identified ex pool equip on having the condensers and so and what is this is okay what is this this is the back this is the back of the house yeah that I know that this is we okay what is this right here stairs what these are all stairs correct what's right here that is the deck so ra Pao I don't think you can see the yeah okay I get it I guess I don't what I don't understand is I see pool equipment all the time out in the back towards the back of the yard in the back corner of a yard that's fenced off with shrubs I mean would it have been better to move the pool equipment back to it it's the same it's the same rule as a condenser rather but I mean but at the same point they could have carved out a piece of the patio for that too well the issue was the size of the patio it's not particularly large you have 10t and they just want to have some usable PA just but it's it's new construction there was a lot of opportunity to do everything within the legal limits it wasn't like this was an existing structure with a hardship that's I think we're trying to get at is that someone could have went back to the plans and said this isn't going to work or someone should have came to us maybe sooner and consider your neigh conditioning system from one side of a building that was originally planned to a completely other side of the building that's not misreading the drawings that's not moving it 5et that's not moving at six feet that's moving it 75t to the other side of the building that's blatantly that's not accidental that's not there's a lot of thought and Engineering that needs and you were the one that brought up engineering there's a lot of thought and Engineering that needs to be put in to relocate an air conditioning two air conditioning condensers from one side of a structure to another right duck layouts all the interior needs to be redone let me so let that just seems like disregard if I may just say something um because I know exactly your point and your uh view of this it is new construction and this is done it's done and obviously you can deny the variance uh you can deny it because it's truly problematic the way it is and it doesn't comport if that's what you find or you may find that it does comport and the positive criteria such that it would should be allowed to remain um again what I would like to point out if I may if we can continue this discussion but I would like to point out if you review the second set of pictures which are P2 you'll see that the units particularly the HVAC units in so your ordinance by a foot and a half or less one is a foot and a half one is a little less than that the actual TR there are bushes and a fence around you can see in the first three photographs in the fourth photograph you'll see the neighboring property and the fifth is a Google map view and the significance of that is this is alongside a driveway area um and it's a good 30 or 40 ft from the primary residence next door now the reason your ordinance is set up so that accessory structures and you have the full 10 yard is not to disturb the neighbors because it's unsightly or it's loud and it affects are quiet enjoyment of the Home and these hbac units affend by a foot and a half I'll get to the uh the uh shed in a moment but the hbac units are um men dominous violation they are a violation and I understand your position it is a fresh construction and you know when the HVAC guy installed these and someone realized maybe they should have gone to Kate Malone or your Co official and work this out but I don't know that anybody realized or paid attention that this was 10 ft that's their issue and again we are here before you but in the end as far as the H units are concerned um they are very well shielded they are not a nuisance the positive criteria are that they are covering they are shedding and hiding and they're not disturbing the neighbor uh they're not offensive and that is the reason for the 10 foot now as far as the shed is concerned um it looks nice if I can stop you on that point I I I personally find that a very weak argument because that assumes that the neighbor never wants to change their property and I don't think that's fair it might be a driveway today but if they decide to turn that into their own Pool and Patio well if you look at P2 and look at the final photograph it there is a garage and this is ahead of the garage it's in the driveway area and it's in the front yard area of their home and to my knowledge I don't think you would allow a pool or anything in the front yard area now again anything is possible and there's always a possibility anything can happen but realistically this is off by a foot and a half um we're not talking that it's right on the line it's not obnoxious it's not offensive but that's that's a prec pardon but that sets a precedent a foot and a half is a violation of the setback it sets a precedent so tomorrow we could have an application for 7 feet into it they could say well that guy got a foot and a half why don't I get seven well I don't think I don't think you can argue that the foot and a half it's either over the line or it's not that's the way well it's a violation and we're not saying it's a foot and a half so it doesn't need a variance a variance we're here and my client understands and you can bet this is an issue that he will never ever not be vigilant to looking for but this is something that happens he does build in the area believe me this is costing quite a bit of money that filter is paying for because ultimately it's his responsibility he understands that because he's a GC nonetheless um given the violation and the nature of it the uh HVAC units I would ask and say compellingly because of the exchange because of way the basement's configured with the exchange is located where they are now which was done by the HVAC contractor um not so much him though he didn't come to you uh I would ask that you please consider not in a punitive sense because everybody knows that when you have to come before here it's not a little deal it's expensive it's embarrassing he has to explain it to the client and it's just very problematic so don't think that this is a where are the air handlers or air exchangers as your reference the right of it right next to it on the other side of the wall on the ground floor on the in the basement so you have a in the basement right behind the foundation wall you were to find the air handler and the furnace okay so with it's within four feet away from on the north wall on the corner of the Northwest wall that's right where the okay there's nothing to DET anybody else so he he made out from um failing to comply with their building plans if if we allow your client to do this that makes sense it could just be chaos I mean if you think about it broadly we looking at this in a vacuum in other words and I understand that a foot a foot and a half so he failed to he fail to abide by his plans we allow this I understand the but you also have to appreciate that this is not something that's going to be published in front of the plus press it's not something people are going to necessarily be aware of they are you have neighbors Mr it's our town is recorded it's correct we're on YouTube people listen and watch and they watch what well if it's on YouTube I would have worn a different time but seriously unfortunately it's representative of a trend of do and ask for forgiveness which has been increasing wildly over the last 5 to 10 years I have to say that I don't believe this Builder has ever been here before and he's built other things it's not about this Builder it's about detering behavior and having people comply with with rules it's why rules are in place and something of this nature the next person's going to fail to abide by their plans and we can't have that it just creates chaos position of the board that if ever a builder makes a mistake or something like that happens you will it's a fact no I'm not suggesting that at all but this the nature of this mistake where you fail to comply with your plans where we said put something on this side and you so egregiously put it on the other side and failed to come to us and say may I do this and it required a variance in advance that the fact is Miss Litman I understand the argument again but the place where they were to be in the plans that they didn't fit and as I as was demonstrated C1 there's really a plus of places for the G now I'm not making these arguments about the shed you will note that the shed is a different piece of wood if you will because a shed is nothing critical and if you feel that way the shed will have to be gone and moved or whatever um but as far as the gback units are concerned when you're dealing with a house that people want to get into and a builder they may not have been aware at the time that this was a VI violation and again in the end the amount of money involved because of where the heat the air exchangers are located and the placement of these hbac units that is an extremely big undertaking and it's not like like uh we don't want them there we want them here this is a situation where the HVAC units themselves would not fit where they were supposed to be because it was designed in a way where someone didn't realize pool equipment an ageback is to fit so I would argue that the pool equipment doesn't fit the HVAC equipment fits and the pool equipment should have moved the necessary I mean I see plenty of pool equipment in backyards away from a house I I don't want to argue anymore I don't want to have to repeat myself and I understand where you're coming from and I understand the concern about a precedent but my suspicion is that no matter how much I danced on top in my head you would never ever allow that shed triming and that is an expensive beautiful shed that's going to have to beov so can I ask a question about the shed let me ask a question what's the so that we have two plans here right we have one that doesn't have a shed and then we have one that has a shed the shed was placed and the shed should not have been placed I will say that on the way so is it the hbac contract do it also sh no I mean but does isn't that no it's the homeowner who did it I know but isn't that that sets it doesn't I mean again it just leads us more to believe like there's a blatant disregard for rules happening here where you knew the AC units were in the wrong spot and then somebody went ahead and put the shed in the wrong spot even after we knew the AC units were in the wrong shed replaced by the uh homeowner they were not placed by listen it's it's one application though for us understand I mean it so Mr I will just point out I completely understand The Floodgate arguments yeah and for the record on YouTube or whoever reads this transcript it's a situation where the client had to pay a significant amount of money to come before you to seek a variance it's not a situation where the just if if this were to be granted it would be a slap on the risk and they get away from it it was an experience it was upsetting it involves redesign of the basement if the HVAC units have to be removed because of the placement of that equipment it's quite an expensive undertaking it was not done with ill intent it was done because of plan safe pool equipment and agac Equipment did not fit in after the pool equipment was put there and again looking at the violation that's there I believe Mr Higgin report does indicate that it is a distance of only a foot and a half at most and it is very well shielded and again as you can see from P2 this is not up by a person's house now I don't know I I'll represent for the record but I'm not going to ask that it be considered evidence after I was at the house with a meet yesterday I did see The Neighbor Next Door uh her name is Sarah um I don't believe Sarah is here um but Sarah was upset that this was done and I explained to her she has every right to be here but and it's here say I don't think she was bothered by the noise of it at all I don't think that was a factor um I think she was concerned that other things were going to be built um but I will represent I I it's heay you can't really represent what she would say so I can't consider but but she's not here to object okay so having said all of that um I would just again point out and urge you not to be punitive and recognize that you do allow variances even when there are mistakes and that this was a mistake I will lay on the sword regarding the shed but regarding the agback units given what's involved given that they would not fit and I think that is demonstrated given that your planner's report indicates its well shield and I don't believe anyone one here is going to object the second report of the first report I don't remember which I I'm going to ask that you consider not in a punitive way this application and noting that my client went through a great deal of course of the is here and understands and with regard to the shed only and your client not not the Builder the shed what's to prevent your client from doing it again and putting something else up that's that's not okay your your client has no concern clearly for for what they should and shouldn't do because the H the AC units are there knowing they're now in the wrong place and you have to come for a variance they put the shed up the shed was put up before they realized there was a problem and so you say I have every reason to believe that okay I don't think my clients would lie to me I I'm I'm speculating um but what to prevent them from putting something else up well that they kind of got Reed by the lawyer the fact that they had to be here tonight because of something that was done without permission I would submit to you that an awful lot of people don't realize that put a shed up uh that that's an issue a lot of people buy at Home Depot or whatever and they put it up and think it's fine um they don't know that is not a malicious thing that is not something done to observe the rules of the town that is something homeowners do I can't tell you how many times I've done swing sets in a front yard and side yard I've done them here before sure um the Mary and days even where people do things that they don't think is a big deal and why should anybody care it's my property and they don't understand front yard side yard so please do not worry about my clients because uh the principles of five of emerald Jade are going to hear from me and they're going to understand and there's not going to be issues like this again okay but yeah is there a COO been issued for the house I don't know a TCO because the hood was not finished when the uh Cent moved in what about so they're living there now uh it's just a summer home nobody's there now okay but they used it I I'm just asking correct we got a TCO and they lived there during the summer and the air conditioning was on yes sir 247 yes sir okay yes sir everything everything passed all the inspections all the finals they didn't get the TCO because the hood cover was not there at that time okay no I just I just wanted to know if if anybody wants to comment from the public or anything whether or not the air conditioning's been on all summer do we have any questions from the public come on up Sir you come right to this microphone was to ask you to state your name and your address sure R your boys 514 North edir Drive West elhurst so you have questions for I have a statement um this is time for question questions I'll ask you statements happen after this little piece so I'll call you for a statement sorry you can sit right there right there yeah just ask question you do not live next to the house correct oh you could ask him what have swear him in to answer your question can we just wait sorry just for the record Edge Avenue is three or four houses away from this problem okay okay it's within 200 ft might have been for your case you know have been for your case but we'll find out when we ask him to testify okay U Mr foot do you have anything question oh is there another is there a question this time for questions for these gentlemen come on up uh Lea caram Monica 12 Arno Street oakr New Jersey okay um why wasn't the HVAC unit like prioritized instead of the pool equipment why did was that like decided that the pool equipment was more important than the unit that's a really good question and I would think and the Builder can tell why don't you just answer that sure the the equipment that is located in the basement is actually within the proximity of the condensers the the pool equipment that requires more space um have had the right place to be parked properly within the 10- foot setback and that's why they put it because the pool equipment makes also a lot of noise so they wanted to stay closer to the house and closer to the entries of the basement and stay within the 10 foot head why wasn't the pool equipment the area that it would take up accounted for when you were originally deciding where everything including the HVAC units is going to go on the plans well isn't that a question for the architect rather no the engineer and because the architect does not state that during the phase of construction the client uh Express his desire to have uh a pool and that's why if you followed the application as it went through with the town you realize that it started with a single family home and a few months after they realized that they wanted to to basically construct the pool the last thing that you put um in a new construction will be and right before the summer will be the condensers so you put that towards the end so the pool construction and the plumbing was constructed prior to the location of the condensers that's it you sure okay you go are you in law school okay any more questions from the public okay so uh Mr foot yes you could give us a a quick overview of of comments from our planning yes uh so I think most of uh most of what Mr Higgins included in his report has been discussed already uh obviously this is for uh variances related to two air conditioning units within the setback area and then the 4ot by 8 foot uh what's noted is 4ot by 8ot but I believe another documentation is listed as 4ot by 10 foot um shed but in in either case uh the shed is in the setback area uh as well um in terms of the site description uh all I'll all I want to point out is that this is a conforming lot it conforms to the size requirements uh width depth as well as the uh area uh I think just think that's important to uh to point out uh in determinations about um the uh variance uh approvals um surrounding land uses I won't go into uh zoning um also W go into what I want to get to is the variance analysis um I think this board is is aware of the uh difference between C1 and C2 uh bulk variants uh and supplemental variants uh requirements C1 is for hardship C2 is for benefits versus detriments uh in in the planning report it is pointed out that as has been pointed out by the uh uh board attorney um this is a new construction uh and that uh in the opinion of uh uh the planner uh there's no hardship uh with regard to the location of either the shed or uh in regards to the location of the uh the air conditioning uh units therefore that would make this a C2 benefits versus detriments uh analysis uh weighing the positive and the negative uh criteria uh the positive uh being uh purposes of the uh Municipal land use law uh and the negative criteria being um really what's been discussed already uh no uh and uh visual um uh visual effects of these of the shed and the units as is noted in the planning report which I forgot to note the date of that uh October 1st 2024 um there is visual screening uh of these units uh the um right next to it is a driveway and uh the garage on the next property over uh these can be considered as mitigating the negative impact um what I would ask for is additional clarification on what the positive uh how the positive criteria the positive uh how the purposes of the mlul are being Advanced uh by allowing these variances to or for the board to approve uh these variances what those purposes would be uh advancing the uh the ml um I think that that covers the uh what was included in the report and uh I will turn it over to Mr Rizzo for engineering comments do you want to respond to anything or I'll wait till you're both done goad thanks just a few questions um the so the AC units are shown to be 8.33 feet away from the property line I just want to point that out it's a modor technicality but the number 8.5 has been thrown around a lot um correct um the shed is that on a concrete pad currently uh it's on a gravel gravel pad it's on gravel I'm referring to A1 it it appears it looks like it's on concrete pad is I'm mistaken okay um it sounds like you may have have uh you know you're obviously seeking the variance for the shed but sounds like you're in agreement to to remove it or relocate it to the board um desire that do you have a plan as far as where the shed would go would it be removed from the property Al together or is it going to be placed somewhere else if the shed were to be removed and you know I'm not a fool I see the writing on the wall it would either be removed or it would be removed it would definitely be removed from where it is and it would be placed in a location where no variance would be required I don't know where that would be because of the configuration of the property but uh you know clearly uh this is a homeowner and a group of parties who learned the lesson and would not dare put it you know in the sidey yard but if I just may respond to something Mr foot did say the purpose of the 10- foot side yard and the land use law is to not be a nuisance to a neighbor not to be unsightly and those are issues that are mitigated and there's been no testimony that the units were Lou or disturbing as you probably wouldn't expect given that they're next to a driveway and even P the garage and uh a good 30 40 feet away from the house uh the difference of 1.67 or 1.7 ft and one and a2t whatever it may be and I apologize if I miss spoke um is di Minimus and for purposes of the reason you have the land use law the way it is with the 10% back I don't believe that it it's neutral so I think aside from your Floodgate concerns uh this is a builder this is a client who completely understands will not have an issue again more significantly in terms of what is left there uh it's Anyone who reads this transcript if this board were to Grant this application would not be lack aicle or think wellow I'll just get it through uh the next time no if if if this gets granted it's going to be after vigorous debate and discussion and uh based on my experience of over 20 years before the board I do not believe it would be unanimous so anyone looking at this is going to know wow we better watch our our T if I can state that on the record uh the bottom line is this is done this was a mistake this is not something that's going to open a flood gate because of concern people are going to have I think the positive criteria are definitely there I don't think there's the negative concern again for the reasons I stated rather than be the Dead of course I would ask your consideration for a favorable um resolution on the variants at least as regard to the hbac units I'm not withdrawing the uh shed perhaps in the event that were you to deny that portion of the application it would doubly bring home and scare the vun out of anybody who's looking at this which would help fight against your Floodgate arguments again the cost and involved the embarrassment believe me no one's going to repeat this in that house and certainly this Builder is not going to repeat this um and it wasn't actively done by him so thank you for your consideration did you want sorry I just follow couple couple follow questions um if you were to receive a favorable vote um for the AC units to remain and the shed to be relocated would you also agree to relocate any pad underneath the shed absolutely and then have you considered the possibility of just shifting the AC units back further or look like there space there when I was there yesterday and I meet you can correct me if I'm wrong I'm not a witness we discussed that they could move what about not even a foot a little less than a foot foot correct about at least half a foot and we'd be willing to do that which way towards the half obviously towards the house to mitigate it not to make it worse do you have a sufficient pad there or do you need to extend that yeah it's a plastic pad it's it's portable it's removable it's okay as as I look at the um the plans um the one further away from the back of the house looks like it's 83 ft from the property line and then the one closer to the back of the house is 85 so if you move them both towards the back of the house and closer to the house do you think you could figure it out I think if they moved to the back it would be expensive but they wouldn't have to but the distance to the heat exchanger wouldn't be as extensive as relocating them and we could move them closer as a purely practical matter as far as the neighbor's concerned I don't think moving it is going to make any difference to the for the meat I think the um the electric meter is right over there where it's like Circle so I don't think codewise I'm allowed to shift it further up north that's the reason the H5 contractor put it John were you getting at that if they pushed up a little bit it would be one foot yeah that's North right no towards back yeah north north right get one foot set back because 8.3 8.5 it's getting lesser it becomes just like a 9 foot it's a foot off I think the gas meter is also over there located most likely not but you can move it closer to the house yes sir we can definitely and we would be very willing that's not an expensive a not it would be expensive but not as expensive as moving obviously what light know on the water would the sound reverberate more it's closer to the house none of sound Engineers I would not invite anybody to answer that question um can we take um I haven't seen that contemplated before when placing a unit so I I can't say for sure either way okay just okay can we have sorry just I'm sorry go ahead just have one additional thing because I'm I'm looking at the plan in terms of the shed uh I know there's a lot of discussion about the AC's but going back to the shed real quick looking at the plan I'm not seeing as it stands now I'm not really seeing anywhere that it can possibly be located because I believe part of the part of the issue is the side jard set back but it has to meet 10 ft from any of the property L um and so because of that unless you were to remove patio but yeah has to be 5et from 5T from the side so there is a corner there that that would work well it's 5T from the side then why is here want yeah but if it's 5T from the side it's 10 and that that applies if the shed is to sure what this is a picture 150 sare ft 15 and less than 10t high six six High 6 s 32 does not comply because within 10t of principal building okay it's got to be 10 ft away from the principal building and then five and five so that could be so that could be that could be in the back corner that back it's away from the Northeast yeah northeast corner looks like you have I think I think the client I think just for Aesthetics reasons he didn't want to put it over there because they have a very small uh pull deck area so if they going to want to have a shed this is the way they're going to have there is should have made the house smaller but there is a place to use that shed on the property to meet yeah codir so really don't have any hardship on that one C1 or C2 the other one is any more questions that agreed to that we don't know yet hear from the rest of the public I'm sure I'm good than okay okay Mr Boyce come on up it's time for you can make your comments I just have to ask you again to state your name your address and then I'll swear you in okay sure Roger Boyce 514 North Drive okay if you can raise your right hand do you swear affirm that the testimony you're about to give is the truth and the whole truth I do thank you I like to express my opposition to the variant's request not meeting ocean Township's side set requirements this VAR request should not be granted here's why first when the original plans were approved in 2022 air conditioning units were correctly placed on the east side of the property fully in compliance with sub requirements however those units were installed on the west side of the property which clearly violate zoning code were not located where the previous plans specified it was only after this violation was discovered by the zoning office that revised plans were submitted on July 28th and a VAR requested in the midst of this process another violation was discovered Val improper placement of the shed without Zing approval also on the west side of the property and in violation of sub acts the second violation required an additional revision which was submitted on September 23rd this pattern suggests deliberate strategy of ask for forgiveness and not ask for zoning approval the two violations in quick succession both the air conditioning unit and the shed serious concerns are raised this Behavior demonstrates a clear disregard Zing rules that we all must abide by allowing the sance with reward a pattern of behavior undermines Integrity of Z laws it say a precedence where homeowners and Builders can knly violate regulations and then simply ask for forgiveness after the fact I specially request the board deny this variance hold the standards to protect the neighborhood thank you thank you Mr voice anybody have any questions for Mr Boyce Mr far do you have any questions again Mr voyd you don't live around the house you're not your property is not within two or three homes of the house correct rest relevant why is that relevant to make absolutely 200t I know that but I want to question it's a valid question I I think it's a valid question to show that he's objecting because of the procedure that was followed and not because this particular units are affecting him he's got his reasons for objecting there's nothing wrong with his reason and he has the right to he's within 200 feet not every one within 200 ft is next to it but he's how many houses away are you three okay thank you anything further any other questions thank you sir thank you anybody else from the public like to make a statement okay anybody have any other questions all right we have a motion to close the public hearing Mo second yes yes yes yes yes yes yes would anyone like to move to approve this application or deny this application at this time the application is somewhat peace plus we have to talk about the air conditioning units and or the shed correct he has made several offers one be to move the shed to a performing location including the pan on which it sits okay to mitigate the air condition situation the airic situation is not good um but but it sounds as if it was a domino effect between put it here put it there put it there moving different things he's offer to even move it closer to the house and less than the 8.33 to a little more you know you know let it closer to nine I don't know if that's going to do any difference um so I think you need to discuss how you want to handle the air conditioning and then if that becomes a positive in some manner then you can condition that upon the moving of the the shed because I assume that there's there's really no reasons for the shed there is a place on the property for uh that shed within our ordinance requirement he doesn't like the way it looks that's too bad Mo the shed can I ask question so we're looking at the application for the bulk variants for the air conditioning and the ship correct we make a resolution to deny both it doesn't matter where they put the shed we're saying that the shed can't be there that's correct and if they they can relocate the shed anywhere on the property that's within setbacks without bar and there is a place there do we really need to have a condition for the shed placement but if you want to approve the air condition air condition if we want to improve the air condition and you want to condition that in my opinion definitely moving the shed place and do you want the air condition to be moved a half a foot closer to the house also that was offered so I mean would anyone like to make a motion to again it's I don't I don't know the the conversation do we want to approve the air conditioning or not right does anybody want to make a motion to approve the air conditioning units as they are I'll motion for negative resolution second on both issues on both issues CLA when you're ready yes yes is a denial correct it's a confusing okay can I ask a question they can move the shed though wherever they want they can put it on that piece of a property where it doesn't require a variant correct yes yes yes yes yes yes thank you thank you that was the last case do we have a motion to motion thank you second all in favor I