##VIDEO ID:JGGFAiyY2n4## this fifth day of December time is 6:35 call here R here Hogan here Ben here Sharon Lee here Vincent light here Paul here Anna Cruz absent Amanda durus change um Eugene cors here and Chris Haven AB this meeting trans the tapes board requires a copy of the transcript we'll break about 8:00 P.M for deliberation testimony heard thus far in the conference room on the first floor public is invited to attend however discussion between board members and is not permitted at that time cases will be heard after 900 p.m. back Zoning Board of adjustment has maintained a policy cut off hour of 9:30 for its hearings and the applicant I heard this evening will be carried over to the next scheduled meeting pledge of alleg flag United States of America and to theic which stands Nation God indivisible liy and justice for all okay we have some administrative matters uh regular meeting minutes November 7 uh I'll make a motion to approve I'll second Andor yes yes Hogan yes yes yes yes yes and Amanda D yes okay we have resolution of approval for avue okay uh good good evening Mr chairman this was an approval uh basically for the construction of a fourth story uh on an existing three-story building and utilization of that four story as a new two-bedroom apartment and renovation of the existing uh uh second floor apartment and third floor apartment and other building improvements and the gist of this was this application the application was uh approved and there were a number of of conditions and break basically um the main condition was and that we can adopt it subject to modification um there was going to be three spaces on site and we're going to make sure that they have three spaces offsite uh reserved perpetually reserved for the residential tenants whether it be via a parking lot that the applicant owns or leases or permitted parking uh from the burrow of Red Bank and there was also some discussion about the height and upon further review the application did need a height variance 40 FTS allowed and this uh under our bur definition this proposal was 44 feet remember there was a little discussion about the stair tower being 50 feet in height but that's um if the Ste stair Tower is under 15 feet which this was it does not count towards height so this building was a 44 foot tall building and we'll have that clarified so Mr chairman if this is acceptable to the board we can adopt this as modified okay somebody like to make a motion approve I'll approve it I'll second Anor yes Ry Mass yes Hogan yes Ben yes chair yes V yes Amanda yes and we need to vote on the resolution of extension 173 so Mr chairman um this board previously approved um the application for 173 Maple LLC and that is basically as a renovation of an existing uh dwelling demolition of an existing detached garage installation of improvements to the existing tode construction of a two-story addition um conversion of the structure from a single family home to a mixed use development and basically that was approved roughly April 7th 2022 they previously ran into um securing out difficulty in securing outside approvals so we gave them a prior extension and that extension ends December 31st of this year the applicants have requested a three-month extension and what I'm told is that um the board might be inclined to Grant a six-month extension so if that is the case I have taken the liberty of preparing a resolution saying uh basically for good cause having been uh presented um now therefore being resolved by the members of the red bank's own board investment as follows that the time frame for the building permit to be issued in connection with the subject application is hereby further extended to and we're going to say June 30th of 2025 correct right and then all other terms and conditions of the board resolution unless specifically changed from what I just said shall remain in full force and effect so if we can have a we'll do a two for one uh a motion to Grant the extension and adopt that resolution okay I'll make the motion to approve the extension and Grant the resolution extension the resolution Grant the extension and approve the resolution I'll second it Anor yes R Mass yes e Hogan yes Ben yes Shar Le yes Vite yes Paul KAG voted did you vote no on the resolution I which one talking about no no this is a 173 oh Maple I recused myself didn't I can I vote on the extension if you Rec yeah probably okay then um Amanda calano yes and Eugene Horwitz yes and SE do we do a motion to we'll do that at the reor okay okay now have business 196 Broad Street Mr MC Mr chair I need to accuse myself for this application thank you all right and just for the record uh our friend V's going to recuse himself because he owns property within 200 ft of the development site so thank you uh for that disclosure and um shaa I believe there's a bur ordinance that says uh the minutes after a flee when there's a recusal and then the resolution has to reflect that as well and so a couple of things here uh you'll recall we were present here on October 17th uh 2024 and and we adjourned it tonight without the need for any further public notice and I think I spoke with sha and I spoke with Ed McKenna the applicant's attorney uh we didn't have too much uh substantive professional testimony um so I think uh the easiest thing to do and in terms of having people listen to CER and and to certified tapes and more importantly subsequent to that Mr Mna revised significantly revised plans were submitted so my recommendation would be that we just start all over um for our conversation I understand you're okay with that okay so what we'll do is we will just swear in uh Jackie durman our uh board engineer and also Shauna Ebanks our planner or the T IA planner who's also the director of Community Development uh so uh ladies if you can raise your right hands do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best of knowledge help you guide yes okay so both have been sworn thank you and then uh just for conflict of interest purposes um the uh entity here is 196 broad LLC uh the disclosure for indicates that the um principles are Carl fortunado Craig Carter and Frank Mella III hearing those names does that cause any concerns or questions about concerns or conflicts seeing none so that's good and then last but not least we will Mark into the record what we as a board have uh before us so let's see first up is going to be A1 is going to be the Red Bank Department of Planning and Zoning application package and then A2 is going to be the proposed minor subdivision uh plan prepared by think design architecture dated December 1st 2023 revised through November 21st 2024 consisting of four sheets A3 is the survey prepared by Morgan engineering and that's dated September 11th 2023 A4 is the variance response letter prepared by Frank marola and that of think design and that's dated July 2nd 2024 A5 is a response to the first engineering review letter prepared by Ed McKenna and that's dated October 10th 2024 A6 is the response letter prepared by think design architecture dated November 22nd 2024 and I think that was in a form of a communication to Mr McKenna and A7 is the survey of property prepared by Morgan engineering dated March 29 2024 and we're going to Mark as A8 the T&M Associates review memorandum dated December 5th 2024 um Sean I think that's everything so um if missing anything we'll get it uh but we turn it over to Ed McKenna good evening sir good evening all the members of the board thank you for um sharing your time with us this evening um if I can just give you a very brief description description that I'm going to call Mr Marella stand um this property as you may recall is complied of a dental office office building located at uh on Broad Street Street 196 BL Street and that is lot 14 and then lot 15 is law 14 say that that is owned by but we seing approval for subdivision of lot 16 um so that that could create a dwelling lot in the in the correct Zone the residential Zone and the office is in the correct Zone that's the PO zone so from a zoning standpoint each of the Lots be question goes down to the details and that is what variances and SL or design waivers may be necessary uh in connection with the approval through um the time that we submitted the original application uh subsequent to that as Bo fre call um we were originally at the planning board and then we were advised to come to the zoning board and unfortunately that we didn't discover that until just before the meeting so we didn't have a Time an adequate amount of time to change the plans however um we we made an attempt to answer uh to to the board concerns that were raised in the engineering letter and quite frankly and I fully understand what the board's position was that even though we thought we had responses board said you know what we want to see a revised plan and we got it and so I want to thank Jackie and everybody for comments and what I'd like to do is morning and we're gon try to give you a combination of his testimony and how we responded to concerns raised in okay and just one other uh real quick thing we talked about this at the last time but just um Mr McKenna brought up a good point just for all of you zoning a ficado out there typically a subdivision would be before the planning board which is where they were and the only time a subdivision comes before us as a zoning board is when there's a use variance attached to it and Jackie was a little bit of a tortured uh analysis But ultimately I think we all came to the conclusion that because a portion of the off Street park because this is a mixed Zone and because a portion of the off street parking for the Mixed commercial/residential use is going to be located in the residential district we we sort of said hey um when push comes to sh we think that's a use VAR so that's why we're here so all right thank you and uh if you could just state your name and address and we'll swear you in at 103 Maple Avenue Red Bank New Jersey okay and just spell your last name please m a r t a r e l l a all right and good evening and uh welcome back to the Red Bank zoning board if you could just raise your right hand do you swear that the testimony information you're about to provide will be the truth the best your knowledge to help you guide yes okay and just for the record I um I recall that when we sore you in last time and again we're starting over but um I recall you are a principal of the applicant because we said your name yes and and you're also a licensed architect yes and you're testifying in both capacities thank you okay thanks KY um Mr martarella um you made very substantial um amendments to your prior plan in response to the uh comments that we received from tnm Engineers is that correct yes sir and can you go go take the board through the plan and the revisions um so that they feel comfortable with what efforts you set forth Mr M I'm sorry okay um and then can address the TNN letter and all of the revisions that were made in response to their concerns sure I would say that uh most of the revisions focused on uh the parking area as well as the um the screening or the planting uh beds that are required um previously the drawings didn't have a comp adaa parking spot and as such that spot needed to be updated and when I made the update to that parking spot obviously I could there's two ways that a van accessible parking spot can be achieved you're can have an8 foot wide and accessible parking spot with an 8 foot accessory area um next to it or you can make make an 11 foot parking spot uh for the van and a 5 foot um uh designated area next to next to that spot so I chose to make the spot a little bit bigger knowing that it's a van I went with the 11 foot wide parking spot when I did that parking spots one through seven seven being the van accessible uh all needed to ship right because the parking spot for the van went from 8 to 11 3 feet I shifted parking spaces 1 through seven to the West um and as such then uh modified the planting that was there directly adjacent to the proposed new building um which uh which runs continuous in the North and South Direction um in addition with that we the previous admission was uh lacking some of the required planting uh steing planting beds along lot lines and so forth so I made an update uh for that uh we also reduced some of the impervious area we we modified the proposed residential driveway uh we modified it from a from a paav surface to a gravel uh surface we we we also interacted with some of the the the the Neighbors on the Block took their comments um and tried to uh incorporate uh whatever their concerns were into the drawings I feel they were relatively minor um so I'm not really going to focus too much on them but there was concerned about some some planting we tried to achieve that there was a concern about drainage uh uh you know the direction of the orientation of the drainage so I I did my best to indicate the proposed drainage scheme and show that it would drain away from the lot line uh on the east side of the residence um we incorporated some yard drains to also capture some of that water that may accumulate from the rain um but I think that overall um summarizes the the the updates and the revisions that we made but again all of it based on the previous comments from C them and if might um just take a moment um it was suggested to us at the last meeting that we meet uh with the neighbors so we sent out the neighboring Property Owners a letter and some were able to attend a couple of were not I think we had six people there if I recall correctly um and we had they were very pleasant there was a good discussion unfortunately I know you couldn't make it I understood but um say Mr light was there and it was a it was a very productive discussion we spent a great deal of time with them and um we did our best to try to address the concerns that were raised at that time um there was substantial plantings as Mr Marella pointed out added to the plans and you know mind please take them through all the additional planning you added since the last plan sure um so I think I I might have touched upon it moment ago but uh the first area was along the western property line uh that separates lot 16 uh from the neighboring property to the West previously none of that uh or minimal planting was along that lot line um so now we've included vegetation from uh for the full length of that lot line uh similar and likewise along the northern property line uh in the previous admission we had the 5 foot planting strip um on the Northern side of the parking space or the north side of parking spaces one through seven but we kind of stopped it short of continuing the full length through lot 16 so we've added the um planting and Shrubbery in that area as well we also increased the we of the planting areas along uh which are common between lot 16 and 15 as well as common between lot 14 and 15 um I believe we had the planting bed along common along lot 14 and 15 but it was only two feet wide we've increased it to be 3 feet wide so it's compliant and previously we did not have the planting along the common lot line between 16 and 15 we've now added that in as well as made that uh compliant at the three- foot width [Music] um and then also trees right um so we previously didn't have the compliance with the shade trees we indicated compliance with the shade trees and and overall I'm happy to say that I think that uh the amount of planting and trees you know combined all together is probably almost double what's actually required okay and um I know that some of the concerns that were raised um address issues that we made significant changes to the plans on and you you've addressed some of them right there um also however these there was a request to show a floor plan for the single family home uh which you prepared correct and um then there were some comments received from uh F engineer today U we actually were fortunate enough to have time for brief discussion and prepared those plans not specify setbacks on the plans but it has been suggested by to do that agre to that and we'll have those setback set forth on the devis plans so so anybody that comes in to um build a house there will know before they walk in what their setbacks requirements will be and the reason for that is because there two part spaces approach a little bit not standard size for that lot so as far as the setbacks are concerned so you want to let the people know or alert anybody can build a house but they going to get so I want to thank for that suggestion now there are a number of other things that um if I can go to the tnm letter and I'm not going to do this necessarily in same order as the letter page two of the Revis letter about a number of different aspects of the plans um something the concerns are raised 1.4 is an area that is buer area Landscaping scen on of the driveway but there no buer area provided on PL 14 itself um now I would assume that the basis for that is You' got the driveway there you've got access to the to the rear of the premacy so you wouldn't have the opportunity to place a buffer there that is the basis cor right correct so it would really be impossible to put a buffer along a year of lot 14 you eliminate access to the parking area with existing mental for many many years corre all right so we asked for that to be eliminated um question is um do we need um any relief for that there's I get some question as to that but as far as we're concerned it's it's just impr impractical aspect of plan you can't close in with a buffer an entire parking area for the business property that's been there all along correct correct and and I might just if I can add AB just suggest again I think that's correct I mean obviously based on the proposal the way submitted we would be unable to provide the five foot plantic bed along the common R lot line for 14 and 16 but I I would just like to say or suggest that we did take that five- foot planting buffer and move it to the West so that it is directly adjacent to the existing oh I'm sorry to the proposed one family residents okay and um there's a comment in 1.5 of the letter about the calculation of the square feet and the way that we conducted it the way that they thought it should be correct yes and um so that in the event that um I think that the confusion is over what area was calculated and perhaps you could address that as far as your what you utilize understand to uh come up with your calculation yes so so I spoke to Ed about this the comment 1.5 States the applican shall recalculate sorry the applicant shall recalculate the lot coverage to include the proposed driveway easement as part of lot 16 even though is part of lot 14 um I did do that the the driveway easement area is 2,418 square feet which is referenced in the response from tnm um so the way I interpreted the driveway easement 20 2418 square feet should be calculated into part of lot 16 which I did um just mildly confused as to the response from tnm as to whether it's saying that we did it correctly or that it wasn't done correctly or some other version of that oh okay um so so I guess in your impervious surface calculations um you're saying in 3,788 in your bulk table that includes the 2,000 for that includes the the driveway easement right yeah yeah it's so you're uh okay so it's the house and the the pavement um okay I would agree with that thank you um so um just yeah in 1.5 has been addressed to your satisfaction yeah thanks then um the in 1.6 when as Mr martarella said when we um move the uh the area slightly over for the two parking spaces we ended up with um two 9 foot wide areas instead of 10 10 feet um and there's a question as to whether or not you may need an additional variant we notified when we sent out the public notice Mr Kennedy we we did say any other variances that might be was as a result of the review of the plans it's only two feet and we're suggesting that if in fact board deemed the additional variance necessary it's only to accommodate the handicap spot and it's it's only two feet so we're asking that in the event that the board GS additional JS to be necessary since we just discovered this pass that because we noticed the additional any additional variants that we would respectfully request that the board consider that number two on page seven1 um it has to do with slopes additional grading information and uh we will absolutely positively that like it 2.2 we've already addressed and um we are going to just put a note on the plans that we did revise the plans to accommodate the the recommendation of tnm um 2.3 um this addresses the utility uh repair area that would that is on our plan um but we are going to actually submit the actual utility locations that P&M suggests that we do so that's 2.3 um that that is very simple for us to do and we will put it on the plans and the board will whatever the final plan out to be it would be on that 2.4 uh the curve on Broad Street is currently slate we believe that the curve thats we will confirm count webly that wanted concrete but we will confirm it and once we confirm it if we need to change the plan we will but right now it shows it was conrete because we were told orally by the county that that's what they um 2.5 is just service unit6 right [Music] away the at the last hearing uh there was a question raised about one of the units that's closest to the office building um has to have a k turn when they leave the premises and we had indicated at that time Mr Marell that has always been a tenants parking space and we agreed to continue it as a tenant parking space guested on the plan and I'm sorry what number is this Mr McKennon I'm sorry is 3.2 thank you it's on page eight got it and um and we had indicated it last time Mr Mor Ro that is correct right it's just for the tenant only all right and tnm suggested we put a sign up and we completely agree to do that um also 3.3 is the handicap space and um they asked us to put a sign up for that which we I know it sounds simple but I just want to try to address everything so the board feels comfortable see it says it requires a 5 foot m Landscaping strip along the side and rear of lot 16 with 15 we've already addressed that we were able to us preserve the 24 foot wide driveway which was required but in doing so we could only get um five feet as opposed to um what was suggested and therefore I'm sorry we were only able to get three feet so uh we we had requested a design waiver previously and we're asking the board to consider that again because there's just no place to go before we had no planting there now we've added planting a whole Road it but we're just asking for a design waiver because there's not adequate room unless we uh shrink the driveway driveway needs reach the standards and it's it's an official Courtway so we don't want to um pinch on that um we we actually last time addressed this but we be happy to address it again question was raised um as to trash and there is so little Trash the dental office has one standard garbage can that they put out to the street that the bur picks up any um hazardous waste that the um dental office has is picked up on an as needed basis it's not that active in office and we'll talk about that in a minute as far as hours are concerned but i that's correct right Mr next two comments um as far as excuse as far as 3.7 and 3.8 we were we addressed those we are going to include the HVAC comped on the plans and uh the existing driveway on Waverly face will be built exactly according to the gr ordinance um 3.9 we were requested by tnm to take the entire parking lot that is now at the property and to redo the enre parking lot we are going to do that we V and we comply with that request 3.10 we have complied with uh that was request plan and [Music] but what we did was took um we had some discussion about where to locate the house and what limited area would be available it's not the biggest yard in the world but we did everything we could to accommodate that and the Landscaping buffer will be maintained um and we we'll put a note plans that have have effect um and 3.12 we again indicated that we will provide all the setbacks 3.13 we will do a larger plan scale um sterman okay if that's that was requested we be happy to come with that um and excuse me the plans indicate a scale of 1 to 15 uh we will rise the plans uh so that it'll be scaled correctly it's just calculation and um the survey that we had submitted originally was the new survey somehow or another in the in the packet the old survey got submitted so we're just going to replace that with the new survey we we have both um traffic impct it's only going to be a single family dwelling and we submitted our comments on that and uh the uh the board engineer agreed that have U it's only a single traffic generation would not have any impact and then we have design circulation plans not providor previously and then there were some requests concerning delivery vehicle we had actually addressed this left on but we're happy there will be no deliveries at access the site and they haven't had them before they say deliveries they do have the Hazardous Waste vehicle that shows up and we take the hazardous waste and walk it out to the vehicle vehicle comes in and then leaves imediately so there's no parking necessary other than the transmission of the Hazardous Waste to that vehicle um there's no private barage pickup um and of course we'll defer to the town as far as any fire truck circulation um and we indicated uh the last comment the residential unit we've already agreed to do everything we were supposed to supposed to do with um sorry bottom of page 10 number five um um limited grading spots be supplemented we will absolutely do that and you have discussion going to page 11 um that there's an existing um drywell it was suggested to us that we consider putting separate drywell for the residential unit and Mr Kenedy we will do that 5.5 the actual driveway uh indes that provide a minimum and we absolutely on doing it that's we have our landscaping and lighting um M want don't to address that I know you talked about the plan don't have to go through unless planning of trees unless anybody has any specific questions um but um we did agree to put in the shade trees correct all right and as far as lighting is concerned uh there was also I'm sorry 6 us aim for and we also did address the Landscaping schedule uh spacing that was commented on by in The Wire plant [Music] um the buffer area and screening not provided on what 14 in favor of what 16 we um already addressed that earlier that was sent forth in4 and we did address that um there was a discussion last time very briefly but uh we discussed it with the neighbors uh specifically Mr light was one neighbors that discussed this that is there's some bamboo on the north side of the problem and it's very invasive and um we agreed that we would remove west side west side oh it's the West Side okay I'm sorry West and okay and uh do that know you'll be observing uh and be the board's representative on that but we have agreed to R to undertake procedures to make sure it doesn't come back because anybody that's out knows how it can be even after you're removed and it tends to come back so we're gonna take whatever U acts are necessary to prevent the problem in that now in uh we're up to 6.8 on tnm letter it's page 12 umling schedule is included but we wanted to um let you know that we are going to provide both the illumination values and um we were advised that um we will clear C provide the minimum elimination but in addition to that um we are also going to take on the option of the lighting pole that we plan to uh purchase to prevent any spillage and will provide the detail to the engineer to make sure that they approve of that selection any spillage on any project um as far as outdoor lighting during nonoperating hours on the Business site ironically um DNM uh in on 6.10 on page 13 um suggested possibly activating by motion sensor devices um they just did it last week and met and had done it on their own before they had the comment so but they will have um motion detector devices and uh predominantly because uh this time of year uh for the dental office if anybody comes out want to make sure care but also for the residential use we want make sure that the resident on at one o' in the morning and still find his way around so we we are have already undertaken the step and order the motion wies um we we are going to provide the meats and balance descriptions we've already ordered them that that's on 7.1 um the architectural floor plans on 7.2 we have provided them and um they do depict a single family structure that can be built right now we do not anticipate that we will be the Builder but we we suppli them the board requested it and um it shows what can be built but we can't guarantee the board would a subsequent purchaser of the lot may wish to do but they're they will be um saddled with or they are going to have to comply with setbacks that if if we get approval those setbacks are going to be imposed upon the person that comes in to do the the construction of a home on that conf we don't think it'll cause any problems but need to know ahead of time what they what they can do as far as the house is concerned um there was a suggestion in pror letter about fixing up the stairwell that had already been done uh so that was accomplished and we had permits there was done it's all been examined 7.4 um the hours of operation and number of employees if you'd like Mr Mar if you don't mind just tell the board what the Dental off does so the dental office there's one dentist has two um assistants perhaps one is a dental Hy but there's a total of three employees he works right now 20 I believe it's 20 hours a week he's closed Saturday Sunday Monday and Wednesday I believe the other three days is how he splits his uh his 20 hours um low traffic I'm sorry uh uh closed on Saturday Sunday Monday and Wednesday thank you Saturday Sunday Monday and Wednesday yes thank you um it's a small practice I I want to say he's just don't had a slow pae I don't know what else to say keep me open on Wednesday possibly only because a lot of dentists work at half the day I don't know actually think those hours Jo closed on Wednesday he open Monday no um just we want to make this and appreciate it and we're going to get the information from you we're going to scare you in and so but thank you okay thank um hold on hold on he's 20 hours a week Tuesday 11 to 7 Thursday 9 on Tuesday 11 to 7 Thursday 9 to6 Friday 9 to1 those are the three days he works and then obviously the other four he's closed thank you um 7.5 says we need to go fre soil obviously [Music] and uh and we will continue to work with the to them anything any additional things they may deem necessary we've gone a long way and taking every suggestion that provid us and our best to try to accommodate every suggestion to the best of our day um is there anything else really address no think we everything in the letter oh yes um also Mr Marella has that I'll just say what what he's handing out is uh we we I provided the floor plans and a elevation uh two- dimensional drawings as part of the plans that were submitted to you um I just went one step further and put together some color autistic renderings to depict what the house you know look like it's the same there two different uh drawings there they both the exact same house just different colors but it's again just an artistic rendition of what the house is potentially like hold on let's just this is going to we're going to mark this as A9 and A9 is a rendering uh prepared by think design and this is uh is there a date on this no date so put today's date December 5th 2024 and this is what a uh a house could look like but this is not the house that's definitely going to be built absolutely correct any questions for Mr Morella I have a question or two the house could be built you were saying um you know you speaking of the setbacks you're the we's building and all um it seems like there's a lot that you know has to be figured out on this but um Can the house be built the way you drew it are the setbacks everything saying it can be I just don't want somebody ahead in here and then we it's like an unbuildable property and we're J rigging it again it's a great question floor plans and the elevation sh on sheet some is the exact footprint and size of the house that's depicted on the within the S plan on drawing sheet sub 100 okay and it is a house that can be on within what you just testified and everything correct okay the Ada space my other thing 2.1 the Ada space I just have a question about the grading because it kind of comes up whether I interpreted is correct or not it kind of comes up in 5.1 again it's missing five I just wanted to know if that perhaps can clarify what the objection is I'm not sure how to respond I know the parking plot is going to be ban access so it meets the required size it is uh for all intensive purposes the spot is flat there's no there's no curves to step over for the van or when you're disembarking from the van to the accessible handicap accessible aisle directly adjacent um so I'm I'm not exactly sure how to respond unless it we just need additional um spot elevations to confirm everything that you just said don't see that on the plan so we ask that you provide that okay and then that's like it has to be approved I mean yeah I mean if we give you this you have to comply with it all okay us the site seems relatively flat okay um so it's not like on a steep slope where they can't do it I think they can do it they just need to confirm that they can do it okay all right that's anybody else thanks uh just a little unclear on three Dot 12 the first statement appears this house has been rotated does that speak to like orientation of the property I'm just not clear what what that means I'm not really clear we we didn't State I we didn't state that the house was rotated that's a comment from TNN it just it when we were reviewing the plans this week when we received them um it looked like when we overlaid it that the house was rotated but also the scale of the plans are not quite accurate so maybe you didn't rotate it it was hard to tell um it looked I don't think the property lines are exactly perpendicular correct yes so I don't know if you took a pivot point and and rotated it a little bit to be parallel or so so when I'm sorry H yeah so maybe you can explain so in response you're 100% correct the the property lines that run in the north to south uh orientation um are not perfectly parallel or I should say the building as it's situated is not perfectly parallel with the with the with the side property lines um so it doesn't appear as if they're well they're not they're not uh perfectly aligned so the house is a little skewed if you will but but for clarity sake uh the footprint of the building the orientation of the building has not been changed or rotated from the previous submission okay thanks I just have one more the U plans for the potential house that would be there you how large square footage is that the the the overall foot print the uh overall footprint of the building is 30X 45 um we proposed a a cell a first floor and a second floor so it's a little bit over 1,200 almost 1300 square feet per floor sorry approximately 1300 square feet I could give you the exact or floor you said yes sir for first andare footage include the basement I that he does I didn't think so I don't think so I don't think so but I think the I think it when I calculated it was 1350 per so it's like 26 27 sorry you know hand like how that compares with other houses on wly is that I think it's I would say that it's in scale and proportion with the houses in the area there's certainly some houses that are smaller there certainly some houses that are bigger okay my opinion that it's it's portion than scale with the area okay thank you I think part of that is the basement if you consider a full basement then that's that's almost making it to as large as it seems you know what I mean if you take away the basement the living space is 27 well wellet again it's 1365 1365 ft times that by two Force for the first and second floor 2730 and then the basement is the same 1365 squ thank you okay any other questions from the board okay any questions from the public for Mr Marella on up want you come on up and we'll swear you in you can give your name and address and then ask your questions so your name hi I'm Isabelle Johnson I live on 56 Waverly Place I actually live on the other end of the block but uh you know we're just going to swear you in to make this all legal do you swear that the information and testimony you're about to provide to the exent provide any would be the truth best your knowledge to help you go yes thank you so um I'm here not only for the you know as being part of the neighborhood and understanding you know what's happening not only on that and where a lot of my other neighborhood friends live but also talking about property that is right directly next to me which we now have I learned that we are extending their permit till now June 30th so that has not been completed and built my understanding is that there's a contingency requirement that needs to be met with that all being said I'd love to hear that you're going to be beautify what is there currently and and you know help the neighborhood look as beautiful and I like what I'm hearing for that my concern is that though that it's there is going to be a huge impact on the traffic and the parking especially if you are familiar with Waverly Place at all you will know that the street is very narrow in comparison to most streets in our area Leroy Irvine uh rockless um those are just a few in the immediate area um we've had complaints many times to the town about the parking um overflow of parking our residences that live on the street not all of us own a house that has a driveway some of us own houses that we share a driveway so the Overflow of parking for the residences is super important which is not addressed ever because we have problem parking so to add insult to injury to have more homes being built which not necessarily against that but the size of this home you're saying is 1300 square feet per floor um the houses on Waverly Place um average the size of the houses in whole not including basements are maybe a total of 1300 square feet not for Flor so that is very different than the house that I'm hearing maybe on this understanding which could be the case um so the parking that's going to be overflow from houses and now want to add some parking too is going to affect the Overflow of parking right onto Waverly which is already an issue on top of it there's um elderly people on our street who need to be close to their home so they can't park in front of their homes that's an issue um we have recently learned that one of our neighbors is um has recently become incapacitated and and is requiring handicap parking there is none and they don't have a drive B so if she cannot park in front of her home that's an issue um so I guess my concern is is that the traffic that I'm seeing is very different than what's being conveyed so I'd like to understand a little bit how the town's going to help the current residen is the way street is already at uh be taken care of um and then help us understand how it's going to happen when this beautiful property is going to be renovated for you know what you're proposing which I understand the other concern is should the other Gentleman on the other side of the street get his permit and the contingency comes up we're adding insult to injury so I understand currently what the state looks like of what it what it could be but there's no talk about what's going to happen in the future and the dentist that has the property right now that is only open 20 hours a week what happens if he retires in 5 to 10 years and somebody else and that building's already assigned for a business another dentist can come in a chiropractor office can come in and they could be open seven days a week N9 to five every day and have patients in and out that would impact traffic and the parking on our streets so I just feel like at some point where does that be looked where is that being looked at I understand we want to make the town look beautiful we want our street to look beautiful I'm all for that in doses so that's that's where I think and any of my other neighbors have additional concerns and and just for the record do you have any questions for this witness yet I I mean my question is what's how is how do you plan on resolving that issue with the parking how are you going to guarantee that the Overflow won't go onto the street where it affects the other residents who live on Waverly Place because we already have the issue with the the law offices on the corner and though I think they try to be extremely careful and very conscious and you know I get it it's business it have and delivery trucks you can put every sign on the planet they're double parking they're blocking the street people who get worked done on their homes so there's got to be a different solution other than just say we don't think it's a problem that's a um no no no I understand the concern it's it's a it's a common concern um but I I don't really I there's no guarantee I can make I can't guarantee that the one family house is going to have uh occupants with two cars I can't guarantee they're going to have four cars or zero right they there could be pure commuters and there's no cars and the impact is there is no impact I I'm not really sure how I I I can't answer that question but it's a one family house with two off street parking spaces typically or you know a family would have two cars and and then they have two off street parking spaces in the driveway um potentially they could fit a third if you know in front s IW a reckless place so I know the area very very well and my office right next to Wayland so I go by there every day yes and and I really do understand and appreciate your concerns the fact of the matter is we're not creating any problems we're not adding to the problems we are meeting all the recess standards as far as the number of parking spaces and we're providing uh working in the in the driveway of the home and in addition to that quite frankly in the off Awards there would be opportunities thatp things happen there might be people that once in a while Park in other parking lot if you know what I mean I'm not saying that ever happens but it it could very well happen that when the dent office is Clos people might want to Avail themselves for the spaces I I I don't think that uh anybody's G to be chasing them out of there but if anything I think this might be an opportunity for a little bit of not but we can't solve that problem you know we can't but no one parks in those other two plots that you're proposing to put these the lot in and the building so right now there isn't that extra traffic there isn't anybody parking in that that empty lot with the where the bamboo is next to Vince's house there is nobody parking behind the other home so there is no excess traffic coming in at the moment there will be when that's still which was which will add the traffic and the problem and the parking that I think some of the people on the street are concerned with and then when the other property should get built after the permit is lifted and mo that's going to add additional traffic and I just feel like when does it when does it stop because the street is literally half the size of rless you can only Park on one side of the street and I've seen on several occasions because I work from home so I am very aware what happens on the street people drive very fast there's accidents almost all the time people's driveways get blocked so and that's without this being done so I think this is I don't know what the question exactly is I guess my concern is when what what can we do together maybe what's the next solution do we make one way do we require residents to have a parking space you know allowing them to have their own personal parking space in front of their homes um I don't know because because something has to give I I I have a little bit of experience uh in the Govern body and I can tell you this that's that's where that needs to be addressed I'm being right up front if if for example if the if majority of the residents but it should be in one way I could see that Happ I really could um then I think you've got a petition in the municipality and and if the burrow says okay and that goes I'll tell you the procedure it goes through you go to the you go to the mayor and the council you tell them that's what you want to do they go to the chief of police he appoints the traffic safety officer they do traffic camps they do those types of things they'll make observations and then if they agree with your position is they'll change it they will Mr Mella as as a as somebody who's going to be building something on our street would that be something that you would be on board with the rest of the residents on Waverly Pace to make this a oneway street to help with the concerns that the residents had Well here here's the problem Mr Morella may not be the person that builds the house you know what I mean so um I don't know that if I were the traffic safety officer I don't know that I really necessarily care about his opinion not not to slate Mr Marell but the D office is modest you're talking about a two you know a single family home with really capacity for two cars so I would suggest that at that point and um as someone quite frankly has an office within a block of there I I'd support it I would I I would I no problem I think Al I think it should go from right because people through it to go to the support people go all the time and they drive very fast to go down that street to go to the W C okay there any other questions for Mr martarella Mr like all right name and address Vincent light 20 waver pled Bank New Jersey okay do you swear that the information and testimony you're about to provide to the extent you provide any excuse me will be the truth to best your knowledge to help you gu I do and just uh because we said it last time but we sort of at the beginning we said last meeting didn't really count so let me just do this again before Mr uh light makes any comments um obviously he refused himself from this uh uh from the board for tonight's application which is the right thing to do because he's has owned property within feet of the development site uh but the law is very clear that uh beot Vince is a good guy and volunteers on this board doesn't mean he loses or surrenders his rights to uh submit applications oppose applications support applications so I think you know what the law says it in a perfect world in which we do not live but they would suggest that uh Vince make any objections or statements of support through an attorney or through an architect through a spouse but that's not always relevant that's not always practical and that's not always possible so I think what we have to do is uh before Mr light makes his comments we just have to recogn that we as a board um treat him uh and his comments whether it's for or against uh no better no worse than all the other comments which uh but anyway just everyone understands that just for the record we always say that so for that long introduction round two of it good evening Vincent just have a question it's not okay so I don't have blint front of me so what I the question um concerns I may be off but I heard a couple comments where I think it was setbacks were not um desired Dimension and it was smaller um and I think this was on the east side between the parking lot between the driveway and the next slot there was um a buffer and I believe I heard a that the buffer is smaller than it should be because otherwise the driveway would have to be narrower and then on the west side I think I heard that the driveway starts off at 10 feet in the South and becomes 9 feet in the north so my question is couldn't both of those be solved by just narrowing the house by a few feet so that you can then adjust both of those setbacks uh so I think just to address them separately for a minute yes I think you're correct on the east side of the exist on the east side of the existing lot along the common lot line that separates lot 16 and 15 is a three-foot planting buffer uh I think the course for 5 foot so it's two foot shy um on the on the west side of the proposed house along the common lot line with your residents um the planting strip is compliant um and I think you're accurate as tnm pointed out as well the driveway starts at 10 foot but then the actual parking spaces reduced well they gradually I'll say gradually reduced to 9 ft because you know again as we mentioned the building and the lot line are not perfectly aligned so they do so if the building was reduced in width it could be uh complied oh okay that was my question thanks okay any additional questions for Mr marel from the public okay we'll close that public portion any comments from the board this application I'm sorry Mr I do have one other witness oh um it will be five minutes or less I assume because we do need a use varience and uh Mr O'Neal is going to testify as the positive and negative criteria I think we need to address that so okay all right but I I don't anticipate a testim all right Mr Neal come on up and if you could just state your name and business address please Edward W O'Neal Jr 65 M red all right good evening and welcome do you swear that the information and testimony you're about to provide will be the truth the best your knowledge you got I do and just for the record you are testifying tonight in Your Capacity as a licensed professional plan thank you and your licenses and certifications are current and up to date yes thank you and you've been in front of this board a number of times so yes yes I have I'll try to be as brief as possible um we know the property property is a corner property with kind of one chunk taken out which is the actual corner creates an L-shaped piece of property that falls into two zones um because it's a unique piece of property I did a little bit of homework and looked at sandborn tax maps and what I saw was the earliest um definition of this property was in 1901 that's when they built Waverly Place prior to 1901 werly Place didn't exist which was surpris uh in 1922 they actually built Waverly and canted a subdivision that created the l-shape and then in the 1970s the town redesignated Broad Street as a professional office Zone but the property behind was still in the ra zone so you effectively had what would really amounted to two one property two Zone thats which is inconsistent with the zone so if you follow the regulations of the municipal land use law 40 55d 70 which is Powers you know just if you could just grab the microphone a little bit closer sorry oh there you um they talk about that the um the board has the the power to Grant the application because of the unique quality of a lot and other things the burden of proof required by the applicant is the determination that the posit criteria be of benefit to both the public and Zone plan and further that the variances detriments the negative criteria would not be substantial in their entirety so therefore it's a balancing act between the positive criteria and the negative criteria so if we look at the positive criteria and we look at the purposes of the municipal land use law go down this long list um designation e says to Grant development of proper densities so obvious obviously you're granting a residential development in the single family Zone and it's one unit zone so that to me is proper density uh the second is number G is provide sufficient space in appropriate locations for housing and again we were dealing with what was at one time service parking lot making that into into housing at the edge of the ra zone so there's normally a buffer between residential and Commercial properties which I believe we Shar he of driveway accomplishes uh again it is obviously zon the theils on Waverly are residential we have minimal if any bul variances on lot 16 the all street parking meets the recess requirements so I see the traffic impact is minimal although I do understand from one of the neighbors what the issues are because again it is a narrow Street um but I guess the prop The Proposal meets the ordinance so something really they can do um and then if you look at the master plan there's uh two sections in the residential commercial pelant talk about buffers one says they titles in master one is balanced the sections one and two talk about smart growth and infield development is always considered you just bring the mic closer infill development is always considered smart growth because the infrastructure is there context is there um Also it talks about uh preserving the residential quality of the neighborhood and so right now I think there's an empty lot that's was a parking lot filling it with a house that's commure in the size and scale of the other houses would be preserving that nebor uh the other talks about um equitability which is the strengthening of existing character of the neighborhood and again it's a surface parking lot stands out like a sore th filling it in with another house seems to me to be positive way to do that um back to that powers area letter I is to create a desirable visual environment and I think the house that's proposed if it's in keeping with the size and scale of the other houses would be a positive visual Improvement to the street the negative criteria would be that the uh The Zone plan will be strengthened by having the US separated it be a Dental Office Professional office with an apartment above it and then the residential development and they're separated and the parking Asos will be further off the street so visually it'll be harder to recognize harder to see so I think that's again not really a negative criteria that's a positive thing um and again I think the residential L is consistent so in conclusion I think that given in the requirements of Municipal Landings law I don't see this having a situation where the negative criteria substantially are substantial or certainly outweigh all of the positive criteria to the Zone plan the zoning ordinance in context of the property itself I have a question perhaps for Jackie um I'm looking at the zoning analysis on the front page and it it shows the house in the ra District it shows the sidey setbacks as combined are you able to combine the sidey yard setbacks yes so they don't need a variance for the the short side the short buffer on the other side I don't think so so there's two so there's the our the way how our ordinance is written there is um the side yard set back for one side and then a combine of the two sides so if the combine of the two sides equals that what the maximum is I'm sorry what the minimum is then they don't need it they would just need it for the one side okay is it 10 feet in ra on side your tipex so just one side has to be 10 foot yes and and then a combine of the and now remember they're measuring from the common lot line to the principal structure right so there measuring from The Edge the right edge of their driveway that's 32 feet because they're you know what you know what I'm saying their proposed lot line is the easternmost property line and that's the one that's short shorter is it the east side I'm looking at the compass here can you um so in the ra it's a sidey yard setback of one side of 12 ft and then both sides have to have a combine of 30 so one can have power you equal up to 30 but but does it equal 30 like through the whole because I see a home in the 10 foot wide driveway can the applicant can the applicants team please show um the board where the setbacks are measured do like on the plan cuz I see the structure and then on the left side of the of the site plan there's the 10 foot driveway that reduces to nine and then I see the trees on that side so I don't know if that's the 12 side I guess on the left hand side I guess it's 12 that's 12 feet from the property line and then on the other side is 27 well what did we say 32 right from the property line I'm just wondering where we get 32 if I'm just measuring from the house from the house all the way across to where the property line is the new property line is right so so what shaa saying is this is the edge of the house the property line is actually here so if you measure from the property line to the building it's 27 plus 5 32 and then that's a different property not your own the after it's subdivided no no the property line is here this is this is the property line and Will Remain the property line it's have that as part of their property yes division stuffs here yeah that's the easeman is here but the easan is on the property line for the single family okay so this is not the new lot this is the new lot all of this is all of this here is in okay yeah I mean I guess I guess to your point you know should we be measuring from the easement line right build on they're not they're not proposed you have to measure from the property line their the their proposed property line is what he showed you their proposed property not line is not the easement line so the definition of the setback is from the proper property line to the principal structure I understand what you're saying because in reality you're going to see bushes and you're going to think that the property is narrower um but that's not what they're proposing they're proposing a lot line where they show it not okay so the new person buying this house or building this house is going to own property in the easement it's just a larger easement that I'm used to looking at and they'll never be able to build on it and they still own it and pay tax taxes on it but it'll be for the use of next door that's their proposal I just think it sounds very problematic like if I own that property you know and I want to build a 10,000 square foot house you know in in that space But I'm choked by the driveway of the property next their testimony is that the setbacks that they're proposing on the plan you they'll have to be followed you know like oh yeah no it they'll be forced to yeah correct but I think it's doing a great disservice to a future property owner on the street I live on a very busy street too just just in response to the question anyone that goes to purchase this property if if the subdivision is granted that easement gets recorded at the same time the deed yeah forever yeah so anybody that go goes into buy the house knows what they're getting into um I would submit to you that um we do we doing awful lot of real estate situations like this are not that unusual not I mean I'm is there a choice made to subdivide giving and maybe because I know that we're touching two different zones here you know subdivide so that the office owns its own parking lot and driveway and then the house could be smaller and then have the proper setbacks for the house was there any consideration to putting the new parking area this might not be maybe it's not new with the building that it Services well here's the problem already and the reason we needed a use variant was for config the ls like that would be a major bation of the Z and would be much more difficult so if at some point in the future somebody wanted to sit down with the owner for example when this property is sold somebody wants to build a two excuse single family home what they could do is why they could go to the owner there and ask if they wanted to cooperate and redraw the that would be we're pushing that battle to a future owner if they ever wanted to deal with it if if they wanted to but but I would tell you that then they would have to come before this board and then the board would have to review it that and consider whether or not that was something that you consider it's it's a it's a delicate issue and that's why I said I I deal with these all the time and um it's not common by any sense the imagination to do what your suggestion what what excuse me to do what you're suggesting because of the of the zone and would they have to go to planning shaa at that point you know it to to subdivide by pulling I don't know how it works by pulling part of a residential property into the commercial Zone what would somebody have to do for that that that would go before the planning board um well it also depends on the use of what they're going to use it for so I think one of the issues with this property is that it splits between two zones that connection there and because the ra is strictly s family Zone and the way how I guess these guys have the applicant has um divided the lot they split it exactly along where the Zone splits itself an RA District allows for a commercial driveway no that's why they we needed here yes that's why it's here if it was if it didn't need the parking than they would have went before the planning board for just a subdivision with both variances but the D1 triggers it is it two sides of the same coin to do the work to move commercial space into ra or moving residential space the problem is that the that parking space that would it would still split the two zones into well if they would have shifted the property line to where the parking that drive aisle is closer to the new structure then that property with the dentist that mix use building is still partially in the ra zone so I think the reason why these guys wanted to make it cleaner was so that one Lots in the single family Zone and the other lot is in the professional office Zone because of the use it's just that the park is the issue because had they done that then the parking would have been landlocked since there's no option for them to bring parking or create a driveway onto broad I I would also Express and just being CID been involved in so I was on this planning board red for 19 years that would really cause a problem and I think if anybody appealed it that that appe would be one in five minutes and the whole attempt to redraw the lines without without the zoning being changed would get through it yeah that would Pro on the buros and we would have to redraw the district line itself so that it wouldn't impact I guess the the driveway and the parking the accessory parking could be for the professional office so we the bur would have to change the the lines of the district itself to make this add up and make it make sense other than what they're trying to do of doing the access easement on the residential property line okay thank you aren't we kind of if this is approved aren't we doing that now anyway yeah two sides are the same point it is it's the same thing and just just just just keep going down that path um if the line was shifted what were the setback requirements again 30 total 30 total to 12 so you have to you're going to create a lot that would be under size 50 feet wide so you'd have like a skinny a 20 foot wide how you know if you wanted to comply with the setbacks your new lot line your new lot would be 50 feet wide right which is non-conforming which is nonconforming and then you'd have a house that would be 20 feet wide instead of 30 feet wide I guess that's that's what the result is if you shift that lot line how do they get into the dentist office now there's there's an existing parking lot is this the one they want to keep using yeah okay any other questions for yes call me Mr Bor um I just I'm struggling still with the discussion about the size of the proposed house relative to other houses in the neighborhood because I think I heard conflicting things from um Mr maral and Mr McNeal said it's commensurate in size and scale with other houses in the neighborhood and then I think I heard Miss Johnson say your houses are like half that big um I asked Miss Johnson and Mr light how big your houses are I'm just looking for some facts to go on here yeah thank you my house my house is roughly I want to say 13 150 total okay roughly and my house is about 1350 total as well in fact the average single pH single family home on averly is about 1300 square feet the majority of our houses actually were all built around the same time and they all actually are almost all the same almost all of them not every single one I would 85% of the houses on okay provided what you're saying is accurate and I'm thinking the phrase the proposed 2700 square foot house is not commerate in size and scale with the others in the they just a Comm it is or it isn't yeah are you saying there are no houses that are comparable to the size of this house Waverly has single family homes right um double family homes H and homes that have four residences in them the single family homes on Waverly are all small the houses that have commencement to the size hosed would be like a four family okay and and and I heard the parking issues are some of those with the four family homes they're with all the homes a lot of them don't have driveways I was actually in my comments later I was going to go through that yeah okay any other questions for Mr O'Neal okay close that well I guess now were any comments from the board members on this application you know I had a comment I I wasn't clear you had when Mr light had suggested um if you shrunk that house a foot on each side or one or two feet on each side and you commented that he was correct but I wouldn't understand were you agreeing to that or you weren't agreeing to that I was agreeing that he's correct that if you if we shrink the width of the house yeah that the planting can be compliant right and so are you going to agree to shrink the house I guess if it's actually presented to us we probably will I I would perhaps I I would suggest that you accept that condition but we didn't weren't aware of that until the question was was blow out yeah so what would the recommendation and or is it on both sides like if you pulled off this e side and made it like an8 foot setback from this I know it's not the property line but it's the dividing line where the shrubs are it would give even more buffer to the driveway I just imagine being in my bedroom and hearing cars come in and out I understand it's not operating now but this could be a gym you know or something you know if if the house was smaller because it see I'm still stuck on the two sides of the same coin because I even though that's a non-complying lot we're building a house on the non-complying lot which you know we don't have a combined 30 feet because it's not compliant um but we're still making a house in that box even though it's not compliant so I think to be fair if it had a more decent setback you know we have 10 maybe 12 on one side and it won't be 30 because like you said it would be a 25 foot house at that point but maybe more room on the other side to make it less obtrusive and give somewhat of a sense of a setback next to that large driveway I don't know how everyone else do parking spes on the Westerly side of the proposed home [Music] um they correct I think you have the 9 foot one no okay so if we took a foot off right and then we're totally compant right correct and if we took a foot off on the other side that that doesn't hurt us in any you shift West how about instead of a 30 foot wide house you make a 25 foot wide house yeah I think that would be that would because if you had a substandard lot you need to build a 20 foot wide house right so this kind of splits it in the middle yeah maybe not compliant you know because that would be it wouldn't fit right so then you'd have instead of so you you know should instead of 30 you'd have 25 um add two on the west side and three on the east side however we would be amable to that suggestion I I would just want to clarify if we're just reducing the width of the building or if we're reducing the width of the building and Shifting the easement as well no shifting easement stays the width of the building okay only because correct me if I'm wrong Vince your initial question was about increasing the width of the planting buffer along the common lot line between 16 and 15 that was my initial question I didn't I didn't have okay what's that what's the buffer that bu was supposed to be that planting strip should be five feet wide it's three if you made it 5T wide you'd have to shift the driveway over no Vince is right if if you sh we shift the easement over everything comes compliant know but do you really want the driveway closer to you that's um well just one question I'm sorry Jackie did we so the minimum gross floor area for the zone for twostory homes is 1, 1500 square feet so we're making it less com less less conforming now because we just reduced the grow floor area of the first floor well it was only 1350 per so we're just making I I mean we're making it less conforming because just for that zone it's 1500 just circle back to oh I'm sorry I'm sorry that was my mistake it's 800 sorry you say the average CH is 1350 sorry sorry the ground the with at least 800 1,500 square feet with at least 800 square feet of the ground floor area so never mind there's not an issue sorry I read it I'm just see you know now I'm more confused with what I had asked before is whoever's got I mean we're doing it to sub we're here to subdivide a lot right we're subdividing somebody else is going to come and build yes is that person going to be sitting before us because that's why not every like that's what that's why we want to make sure that the setbacks are everything is what they need to be because they would need to build according within that build build that will be in the ordinance like I had asked before but now I'm getting all confused it would be in the resolution okay so they won't be before us then if they comply with the um the buildable area that you this board has improv if they make it larger then they would be back thece with varing okay okay just as if I had to choose where the five foot if you make it a skinnier you go from 30 feet to 25 I would make the setb from TW on the West Side um 14 feet instead of 12 feet and 35 feet from the East side so basically from the from both sides you're you're you're shrinking it so from the left hand side you're suggesting 14 feet right from the right hand side you're suggesting 35 so you're three feet away from the driveway and you're including the the five you're including the five feet buffer right go back to um we were just speaking we would be happy to reduce the size by three feet was the I said five from 30 to 25 yeah we just said but does that does that I think that's what requ not sure I wasn't requesting any particular size and just speaking to the mic please sorry tough being on that side isn't it I wasn't suggesting any particular size I was trying to come up with a solution to get around the setback issues we like your solution though yeah I actually would support Jac's suggestion overall I think the house is too large well what would the square footage be what's the difference in the square footage between if you reduce it from 30 to 27 or 30 to 25 so what 27 is what what it be uh so if we take five so if you go to 25 foot building it would be a reduction of 40t I'm sorry be a 20 uh 20 250 square foot home at at 25 feet which is sounds commerate with the other single family homes that are on the bu it actually sounds it's bigger still bigger so I me I think you're doing pretty good there with the with the 2250 personally speaking [Music] so have we come to any only once agreement on that only twice thank you we I think that address some of the concerns about the size of the building one some of the setback issues that there were um so now we just any comments from the board on this application I think the uh smaller house is appropriate but I would like to um deserve my opinion until I hear the comments from the U neighbors anybody else in the board yeah I you know I like it I think you have really uh G given a great effort I like idea of a single family home um I appreciate that because I think quite frankly that the town is being overrun by uh large developments and I'm happy of doing the single family but I think 2250 is a is a very nice home um for a lot of people in this town it's bigger than most so um but I do commend you a hell of an effort and I like I appreciate it okay now we'll open up comments for the public I actually have just a question with that then set just take your name for the record please thank you 2250 I think is beautiful size home too hope you're happy with that I know it was a stret um but does that also then a president should other people on the street would want to build onto their homes that would then allow us to be consistent with anything new building does that it all depends on if it's a conforming so it depends on how big the addition is um so it all it's it's on a Case by case basis but as long as yeah just because we approve if this application's approved just because we approved one house that's 2250 square feet doesn't mean we'd have to approve others as sh was saying a whole bunch of other different circumstances the size of the lot location all those things good good question okay again any comments from the public so we can wrap this up one just a name for the record please Mike Harper all right Mark and your address do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best know to help you go thank you the only comment I have is that we are still concerned about the parking we we are directly across the street from this project and we don't have a driveway so we have to we on the screen and we've been in the half now for almost 30 years and we see it getting more congested more congested each year and I know that they based the parking on Joe who's the dentist which is a small practice and we're just concerned if he sells that practice he's going to go in there and parking is just not I know they don't know it's not it's a real concern if uh the practice that goes in there is much bigger and is there like Isabelle said seven days a week and that my wife is going to W their parking wa down FL or in at McKenna's office and having to walk to our house that's the comment that I you can get in my office but that is a big concern wav it's a small Street and uh only parking on one side and uh like we discussed in the middle of the Block it's all apartments so they're all parking on the street right now it's an issue it's an issue thank you thank you thank you um I first wanted to thank Mr McKenna for facilitating that meeting that he had at the end of October between the neighbors and the applicants where we went over many of the issues many of those issues were resolved but the one issue that as you heard tonight hasn't been resolved is parking so I wanted to express my concern and give some comments about parking on W we really doesn't have delineated parking spaces on the street now because of that if people are considerate and take up only the amount of space that they need for their car there is a total of 22 parking spaces on Waverly the entire Street 22 parking spaces if people are considerate if they're not considerate and they Park like in the front of the house in the middle of a large area that number drops quickly to 15 spaces plus now who needs to park on the street since the residential area you would think that many houses have driveways or garages well nobody's got a garage that their car fits in the houses were all built in the early 1900s and the buildings in the back were not designed to house cars Waverly has houses without driveways houses with driveways that are too short that can only fit one car so we don't have to put down the street we also have multif family houses with parking in the back that cannot accommodate all of the cars for the multif family house so they park on the street and we even have a multif family house that doesn't even have a driveway right next door so they have to par on the street many times people come before the parking before the zoning board and ask the board to bend the rules when it comes to parking usually because their plans parking requirements I would like to the board to consider the opposite side of that point here we have a situation where there are currently 18 parking spaces and the proposal drops the number down to eight full 10 spaces shy from the current situation now even though they me they meet the requirements set forth in the requirement in the regulations I would like to point out that the current business needed more parking spaces and expanded their lot twice to add more parking spaces for their business each time they added two more spaces let me repeat that they needed more parking for the business and so they expanded their lot to accommodate that parking Waverly should not be the parking lot for the professional offices on Broad or May the residents there need the spaces themselves thank you for listening to [Music] my any any additional comments from the public before we close the public portion we will close the public portion Mr McKenna um I'd like to respond to Vince's comments and I I have the highest respect for this highest respect for Vin in fact I appointed and I great respect for me we've been friends for many years it is unfortunate perhaps that has the problems that has and I think there are ways as I suggested earlier of addressing them through the proper path and that is to go to the municipality and see what if any the municipality can do to help in that particular area these property owners have a right to develop their property they could have come in and sought another variant Youth varans and said okay you want us to build the new parking l double the size of the office and we'll have and we'll still meet our parking requirements and you'll be looking at a different situation they didn't do it you recall when we first came to um I sat down with the owners of this property and they looked at this property and looked at many different opportunities and their credit they said this should be a single family help that's what this neighborhood is that's what this neighborhood deserves and they came up with the plan that they that they did I think they were extremely sensitive and the fact that the board um made so many suggestions as did TM and they have accommodated basically every single suggestion that has been asked of that to the point of even cutting down the size of the house by a third shows the good B of these property and I would also suggest to you that from a legal standpoint they have every right to do what they're requesting to do and they have no affirmative obligation under the law to solve the parking problem away from I my offic walk away I go be I agree that that you can't hold one property owner up say we're not going to let you look in here because you got to solve our problem that's not what this is about so with all due respect to the people that spoken opposition and I I like them and I know them I think they're they're really nice people I agree that that this application should be denied because of the parking problem that have exist now and have existed for the past years as I said I grew up to of white used to play baseb in that area all the time those parking problems aren't new and they're not going to be solved or uh significantly increased um by allowing one more home to be buil on the Block so I I would respect ask the to consider all of the compromises and and attempts that have been made to um to appreciate concerns of the neighbors as Vince pointed out we did have a meeting with the neighbors um they there were couple neighbors there that actually spoke out on the opposite side really would like to see a house there um that parking L ugly etc etc we get it so we've done our best has to try to compromise and work with the board to come up with a solution and I think that the fact that that the suggestion was made um could you reduce the size of the house and then to to credit Mr Marell and your partners you believe to do that he speaks well of the individuals that you're dealing with but I would just ask to thank you okay um before we make a motion to um approve or deny Mr Kennedy over if I've taken the liberty of of writing some potential conditions of approval if the application were were to be approved and of course we don't know that yet uh so a couple of things number one uh our standard be compliance with all the promises commitments and representations uh the team made throughout the applicants team made throughout this public hearing process compliance with the terms and conditions of the board Engineers review memorandum I think we Mark that in as a uh condition of compliance with all the affordable housing rules regulations contributions are required uh compliance with all applicable outside approvals and with the out with the additional caveat that if the application materially changes or the relief materially changes as a result of those outside approvals you need to come back usually have a 24mon time frame within which building permits are to be obtained subdivision has to be perfected in accordance with the time frame of New Jersey Law And if it's approved um the subdivision is going to be perfected by deed the deed would have to be approved by the uh board attorney and the board engineer including the meets and bound subscription and we always have the tax assessor has to approve the new lot designations um uh we would have to make sure and we had a lot of talk about uh Amanda um some good questions about the easement so the easement is actually going to be a recorded document but it's going to talk about who has to mow the lawn or plow it or pav it who's responsible and you know you're gonna both sides are going to want to make sure if you trip on it you're not going to sue me and if I trip on it I'm not going to sue you so that obviously that easement would need to be reviewed and approved typically by the board attorney and the board engineer and we'd have to make sure it gets recorded um and um I lean to your point I think that somehow uh whether it's in that easan or some other document I think you just want to sounds like you would want the public to be extra particularly aware of when the person who buys this house or this property recognizes the limitations that that are going to be associated with any approval so we can have something in the subdivision deed or something else to that effect if if that's what the um situation is desired by the board um we're also going to have typically uh before any c ofos issued we have the professional uh sign of certification confirming that the improvements were constructed in accordance with the approved plans in accordance with the um uh testimony presented in accordance with any terms of approval in the resolution ution and then grading and drain details would need to be worked out to the satisfaction of the board engineer Jackie do we need anything about EV parking spaces we we don't know okay I'm sorry I don't think to make this longer but if this gets approved and they create the two lots and the easement has to build like all the buffers that they who's planting the the landscaping that's in both properties so I would suggest that we say um because when the the owner of the property right now is going to be the owner of both lots and usually the owner can agree amongst himself because he's going to do it and so what we would say is the burden of who has to create and maintain um the buffer uh Etc has to be spelled out in the easement I mean is that fair way to address it install is the installation and M maintenance installation and maintenance well I guess really it's the installation right because the maintenance would be on the property owner okay so I mean would would that address it's a very excellent question would that be addressed if we had them address it in the easement to say which property owner is responsible for the installation um to me I think the applicant should okay you responsible for it yeah I assumed that that was the case okay so we'll put that in the um the resolution as a condition um we also compliance with Ada regulations and there was a lot of talk about the landscaping and I think what this board typically does is as a requirement of anything uh usually you have a requirement that the applicant and the owners perpetually maintain replace that Landscaping uh because that that's important um and let's see bunch of other things came up tonight so we talked about uh the gring advantage details um specifying the setbacks on the plans and we're going to talk about that momentarily and um a recalculation of the unoccupied open space um you're going to confirm uh the materials for the damage curb uh replacement I guess with Mr McKenna there a difference between what you think the county wants and what was in the tnm letter so just I think the county controls yeah the Count's call um and we're going to have the um uh the subject parking space as referenced in tm's letter 3.2 it's going to be for residential unit only and there's going to be a sign to that effect we talked about um um I think Jackie one of your uh revieww in the review letter I think it said it's not going to exceed a three-bedroom two-story house with open seller or that's at least what what the we don't know yet right really talk about that that's not really what they I don't think they're testifying that they're building this house so no not okay so then we're going to have the plans scaled uh correctly uh no light spill over I to you right now but to mention the plans being scaled will these plans be the ones that are shop to the Builder developer or the purchaser as we see them here with a note your notes to the changes or will there be a separate set of plans that actually reflect I I would highly highly highly this is this wasn't correct anyway no and then we're CH making changes to it as well I would highly suggest and one of the um conditions that we're going to get to and I think it's a excellent plan is that one of the conditions is revised plans reflecting all these conditions need to be reviewed and approved so every condition that we're talking about here that are relevant to plan revisions have to be put on the plans and so that shaa is going to have a set of plans that's going to be signed that incorporates all these changes Jackie that would be the way we would normally do it right right but I think Sharon that's an excellent point because this would just be too confusing for anybody I just clear on this and Sharon's question also so the person who buys this may want a two fa I mean a two bedroom house but and they want may want a master bedroom on the first floor we're not GNA dictate test no but things like the 25 foot wi and the setbacks all that totally agree we're not going to be uh holding out a package and say Here's what the house has to look like we would want whoever they want be subject to the square foot limitation and the the building envelop it's not going to be subject to a single family home it could well it has to be a sing as permitted as of right a single family home deci in a single family home they have to application that's been presented and if you're going to approve it it was for the construction of a single family home so if it's not that I would say they have to come back far as the installation of the plantings and the resurfacing of the the resurfacing Lots that's all I'm concerned about is we're cutting iners in areas that are going to be upgrade you know what I mean there's going to be Demolition and all that stuff it doesn't make sense for us to be the people putting bu we we could put the purchaser of the property I notice that you're going to have to meet the planting schedule but for us to install it then if somebody come in they rip it all out three months later it just doesn't make any sense but I think you have planned things on your lot too Ed right on our on our property we are definitely right yeah no but I'm I'm just talking about you know the plantings that go on the lot that we're selling by the way so we we can address that um uh Jackie did I um I wrote down fire truck circulation uh needs to be approved by fire officials is that something that we have to needs fire department office needs to review the point okay right um tnm letter 5.1 submit the missing elevations um now there was going to be um additional plans are going to be revived so as to have an additional drywall for the new single family residential unit and we usually say that that's got to be um installed and maintained in accordance with the manufacturing standards and other best practices which is is pretty standard um uh the tm's letter 5.5 about about the um minimum 1% slope for drain purposes needs to be addressed we talked about the bamboo removal on the Western and Northern side of the property uh I think Jackie your letter also said something about uh also consider or utilize bamboo root guards and what Mr McKenna said is to make it make the the resolution stick um uh elimin elimination values um on the plans uh no light spill over again we're going to clarify that the submitted elevations are not what is necessarily going to be built um and again particularly since we then had the subsequent revision to the width of the home um and we're going to make sure um I lean to your point that whatever conditions of approval we're going to make sure that obviously it applies to any property owner any successor owners transferees um we're going to talk about outside approvals um okay question question there's no parking variants needed for this application is there to my knowledge no se I didn't see any part and variance um and then so now what we're going to do is just a couple real quick things is just we're going to reduce um the house with from 30 feet to 25 feet correct and but the easement is staying in the same location that is currently on the plans and the West Side setback is going to be increased from 12 feet to 14 feet and the East Side setback is going to be 35 ft from 32 from all right so increased from 32 to 35 feet and now uh just um do you know off hand but you on the spot what are the variances are there any variances for any sidey setbacks or not because of that right no no Varian so we're going to say no side yard setback variance is needed um we're going to say that the home uh the single family home that if this application is approved is going to not to exceed uh Jackie 2,250 square foot correct now do I say that's total or do I say anything per floor I just say total that's not counting the basement in case it could be misinterpreted later say total not including the basement Johan I hope you're going to be able to read my writing tomorrow because you're going to be in trouble and then um the last thing we have is um all right so the the we're gonna narrow the language about the installing and maintaining at least the applicant is going to do it with regard to its lot um and we're going to have uh memorialize that make sure that the any purchaser is aware of it the applicant to resurface the lots for the tnm review letter uh any performance and maintenance guarantees that the law or or Red Bank requires um and can I add Kevin can I said it in my letter but I just want to make sure that the deed that the oh that they should submit a minor subdivision plan not just do not just perfect it by deed so that it shows the driveway easement okay so we want just you know there's two ways to perfect the subdivision the common way is when it's a minor subdivision just submit a deed and but you're saying let's have it per perfected by map so that it actually shows the easement Jackie is what you're saying yes Jackie another way we might be able to do it this might actually be better you look by D but then have a minor submap attached to the D that's fine too yeah as long as there's a plan that shows what the building foot like what the new lot lines are where the easement the driveway easement is and what the footprint like what the setbacks are of this new of this new lot so that when you transfer it somebody can visually see that the house is not quite centered and there setbacks are are cleared so Mr chairman uh again um any other conditions that were ref refer in tnm letter or a reference during the public hearing process um would be included um but I think we got the the overwhelming gist of it right okay would anybody like to make a motion to approve or deny this application based on all the stuff Mr Kennedy just went over I'd like to make a motion to approve it based on Mr Kennedy's thank the uh Exposition and and also just say that I for one would be happy to see a home there instead of an empty lot I'm gonna second it um I I don't know remember sitting on the board where we had somebody do a single family home like they've always been multi to what Paul said and it I I like the idea of a home on that street a single family home I know the parking I we we have a two on our street and it is crazy you have to go to the town though yes please and Tor yes R Mass yes and I'd just like to thank the residents for coming in and voicing your concerns and hopefully we may some con the applica made some concessions that'll help a little bit and we all know parking in Red Bank doesn't matter which tree you're on it's a problem and you know where again maybe the town can help uh if you go after them a little bit so yes ien Hogan yes s yes Sharon Lee yes um PA yes Amanda Cal yes okay okay thank you very much do it wait who was first Mo to oh