##VIDEO ID:bTpJeBDNCwA## time is 6:35 roll call please and Tori AB Raymond Mass here Hogan here Beno here Sharon Lee here Vincent light here Paul KAG Anna Cruz Amanda C panel here Eugene har absent Chris Havens absent adequate notice of this meeting has been posted at Burrow Hall filed with the bur club and mailed to the ber Park Press two times and Star Ledger this meeting is being tape recorded andent the applicant use the services of the court reporter to transcribe the Tes the board requires a copy of the transcript we will break it about 800m for deliberation a testimony had heard thus far in the conference room on the first floor public is invited to attend however discussion between board members and the public is not permitted at that time no new cases will be heard after 9:00 p.m. Running Red Banks Zing Board of adjustment has maintain a policy cut off hour of 900 p.m. for its hearing any applicant not heard this evening will be carried over to the next scheduled meeting um pledge of allegian United States of America the stands nation under God indivisible Liber and justice for all okay we have a couple administrative matters uh minutes from August 15 I'll make a motion to approve I'll second rman M yes Mano yes vinent light yes Paul KAG yes okay new business we have one Fisher Place red back okay Mr chairman as the applicant teams can we make the announcement about um just for the record um M Ori melli so uh melli application 37-49 Riverside Avenue uh was supposed to have been heard tonight uh but they are going to carry to a new date and shaa they will Reen notice yes and the applicants attorney Ed McKenna did send me a letter today saying he on behalf of his client consented to extend the time frame within which the board has to act so uh so noted all right so on the uh fiser Place application is there anyone come on up is there anyone here uh in the audience tonight who had any questions or comments or concerns regarding the sufficiency of the notice they received all right we don't see any the board secretary and I reviewed the notice and found everything to be in order so it' be my humble opinion that we have jurisdiction to proceed tonight and what we're going to do is Mark into the record what we as a board have before us so A1 is the intent to proceed dated July 25th 2024 A2 is the survey prepared by Michael Cannon dated May 14 2024 A3 is the architectural plans prepared by wel malari architecture dated July 23rd 2024 A4 is the review memorandum from Shauna Ebanks uh and that is dated October 1st 2024 and I think that's it and what we'll do is we will swear in shaa Ebanks Shauna you are the bureau's director of Community Development do you swear that the information and testimony you're about to provide to the extent you're providing will be the truth the best your knowledge to help you God yes thank you and ladies and gentlemen this is uh Dan oarn the applicant attorney good evening and welcome evening Mr Kenny nice to see you as always evening board members and other board professionals um we're here tonight uh for an application uh danieln on behalf of the applicant Tammy Zach who's sitting to my left Mrs Zach will provide the testimony this evening in support of the application uh they are seeking uh to uh they're proposing to build a twostory um two-car garage on their existing residential lot at One Fisher place in the ra residential Zone um miss miss a will provide a little bit bit more detail about why they want to do this and a little bit more about the uh proposed location and design of the garage just one thing our architect Mr moliner who was supposed to be here tonight to provide testimony and support of the application uh just advised us just in the past day or so his daughter goes to college in Western Carolina so we all know what happened there he had to uh fortunately she's safe but she he had to drive down here so we we apologize for not having him here tonight he would have been here tonight um but we think we can proceed because this is a relatively simple um straightforward application and we're hopeful that either maach or I can answer or address any questions that Bo um there are several variances required um there's a several bulk variances for the square footage of the barage of 500 square foot is permitted the proposed is 580 square feet um the height the maximum height in the burs ordinance is 16 there's a proposed uh height of 17.8 in and also because the um garage is over the square foot allowance it triggers a d variance because it basically makes it a second principle use on the proper so those are the variances the other variances is that the world is requir Standalone the garage to either face behind the house and the side this propos garage is facing the front of the house facing our Fisher place and the primary reason for that is that that really is only way you can place it you could place it out to River Road but we think that that's you know from a safety standpoint other reasons that wouldn't be a good idea it's much easier to safer to have the driveway access on the Fisher place instead of River Road so that's one Reas so with that I would like to have Mr Kevin kenned mren sure good evening and welcome if you could just uh state your name please Tammy Z okay welcome to the Red Banks Zing board do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you guide it okay and and Dan do you mind if I just get four real quick questions out I need for the resolution absolutely um for the record are you the owner of the subject property myself and my husband okay and how long have you owned it roughly 12 years and my notes reflect that there's a single family home there and do you live there okay I'll your Dan my first four five kind ask this question you and your husband are the only people living in the house right now we are we have two children left the nest just if you could tell the board what's your current parking situation at the property we currently have a small driveway to the left that we but next to the neighbor's driveway um we can fit two cars but only single Lane so I generally par on the street front of the house so my husband can access getting in and out early in the morning just the board probably has a general idea from the thing just describe the property lay out so the home is kind of all the way to the left if you're looking at it from Fisher place and then we have front yard and the backyard the back is open to the right from River Road and Fisher place is why weing to put the garage there the left really have not enough room for a driveway back and if you could just explain to the board why you're why you're seeking to to construct the garage and and a little bit of information about how you tend to use it um well since we've been living there we have really wanted a garage um for many reasons we'd like to keep the cars in the garage out of the weather and things like that it's it does snow I know it hasn't much lately but it was always a problem trying to get it shoveled with moving the cars in and out and really just keeping them off the street there's believe it or not a lot of traffic on fish places people AC Street do park in front of our house so just a lot cars and activity and we really like to have a garage we also really don't have a lot of storage in the house believe it or not um the two small addicts really have air condition conditioners in them and they're not really high enough to stand up in and the basement sometimes gets a little wet so that was a reason we were storage over the garage be able to use that some of the things don't and just you over the architect would give usone closer to you please no good think I have a good loud voice it's not you wor um I was gonna the architect would have been little bit probably better qualified not that Mrs a isn't capable but of explaining the uh the plans and the design but if you could just generally give the board the benefit of what what what it's going to look like right and how you're going to you your intended use S right so it's basically just wide enough in the front for two cars um and we're going to use it to park our two cars in there we don't have big cars but so they'll fit um we also would like to put a little space in the back for my husband to have a treadmill there's really nowhere for that either um with a halfback there and the reason we're going for the 80 extra square feet is because to access the storage um that we want to put in I asked for a full staircase just because I get it's really hard to do the pull downstairs and actually get things up there and down and stuff like that um that's really and you know keep gardening supplies and we do have a pool so to have a little right now all the pool supplies are out in backyard one of the little closet so it's clear to the board this garage um is not going to be used for any type of living space absolutely you have no plans now and no plans in the future no um the way the architect tried to do the pitch the same as the Gable on the front of the house currently so there's really only I think four feet in the middle that are even enough they're s feet tall it'll have it'll go up sloped on all sides and there won't be any windows or anything up there nobody's planning to live up there I don't believe the plans address this but what about proposed Lighting on the garage what is you what do you invent do with lighting um the architect we aren't putting any outside lights on it except for Under The Gables we do the recess lighting I guess it's called just that are functional just so when we go in and out of the garage we can have light no no no plan flood light no flood lights that we all of our neighbors have plenty of um one this probably would have been an architectural but if you can testify to with the uh there was a question about the dimensions of the driveway you provide the board with that information yes so um we had we had it so that the driveway is as wide as the garage when you're coming out and then it slenders down to just I think 13 feet at the curve a to keep it and it kind of Curves a little to a to keep it as far away from River Road I think it's about 50 ft from the corner as it exists now um and really just to avoid the trees that are there we don't need to have double access to get in we would like to have double access to park at the top and just so I got a question so the garage would be closer to Fisher place than the current house is yeah exactly actually you don't count front porch it'll be further back it's it's even with the front of the house front por on it'll be even with the house thank you are you what and you have it a driveway on the other side of the house right so you're G to what are you doing with that um we can get rid of it if you want it's it's currently kind of right next to our neighbors attached but we can definitely get rid of it just walkway to that side door that's currently how we you know get in and out of conr oh okay I'll just speak to this just just in Consulting with the architect um there was a question in the review letter about whether the driveway um the square footage of the driveway was included in impious coverage and the answer is yes it is and the number was the driveway would be approximately 6 607 Square ft the calculations I believe that's like 18% per coverage I know that's your say K I do have questions to that point also probably for the architect because um you're right it's almost exactly 607 Square ft you're not far off but I have questions maybe for um shaa about the existing um is only 12.2% but I see raised patios concrete walks the existing driveway slate um walkway I know doesn't count but the porches do it doesn't look like to anyone else that the existing was more than 12% of the lock cage so they're increasing to 18 if I get that right that's one that's checks out between 12 and 18 I'm I have a question about the the original existing loot coverage is stated only 12% the difference between is exactly right the the garage and the and the driveway that you're saying bringing it from 12 to 18 my question is is it really 12% to start with because I think pools are not are are not consider no they are they're they're perious they're perious sorry they're perious yes for my application it wasn't when I did my pool you know what I mean so this is just from my own experience so the concrete walk the raised patios the porch the existing pave driveway not the nice curly one because that looks like papers f ball looks like papers but the porch I'm questioning if it's even 12% to start with as long as it's not over the 35 that's permitted they're still under 18 if that's what they I'm saying if they starting numberers 12 I'm questioning the 12% original lock coverage if that's accurate even if it's doubled had s and you're under 35 I know but there's no calculation on the front page yeah you you know yeah I'm looking at that same one yeah I'm just used to a better detail on that it wasn't on the survey no it's usually but the architect's not here to ask that question I'm questioning the 12 original 12% the calculation between 12 and 18 is accurate my understanding even with these conditions the addition we're still significantly under the allowed 35% oh 18% is true absolutely but it doesn't look like 12% of the original coverage yeah she's saying that the 12% is not accurate so then the 18% wouldn't be accurate took thatly off my I can't speak for that still be 30 still be at 30% and and I guess if if that's a concern of the board my client had offer to eliminate the other driveway the only thing with eliminating the other driveway it really just I don't how it impact the neighbor but bu they're Bas they're not Shar driveways but they basically you know right next not any but I'm sure that you can figure that out I think I think there's some other concerns too is one is we've not allowed uh bathrooms in above garages um running water anything above G garages or above garages doesn't matter I think what he meant was a bathroom not necessarily upstairs just in the garage in the garage right so that's kind of a concern because we have not allowed that in the past and it's something that I'm not you know I know the town's looking at some changing ordinances but that's one that we've kind of stuck with that we have not allowed in the past so that's a concern I was not aware of that we don't have to have oh there you go okay there you go sorry I didn't realize that and and I I I think the concern was uh generally speaking a bathroom seems to make it more likely to be occupied um and again the the but why don't you just if you could uh just talk about your proposed utilities if you know that are you going to have electric I'm assuming um yes we were hoping to add electric so we could down the road get an electric car possibly okay electric door opener maybe pardon and maybe an electric door opener well that's true and the lights lights and your gymm equipment but that that's um essentially I mean if you didn't have the the bathroom there'd be no water I'm assuming or there would be no need for water again the half B was put in just because sure on the Tre it's not necessary okay any any questions from the board members yeah I have a couple questions I'm just curious if we were to Grant the D1 variance as a second primary residence is that what it is a second a second principal structure structure right residents you know if we're going to tell her that tell them excuse me that they can't have water or bathroom which I agree with then does that mean the D1 variance is required for what just because of the size that size isct yeah the square foot and height square foot and the height it's just B it's just the trigger is basically a second principle structure and that tra so that's a triggers I don't think the height triggers it no the height doesn't it's just a c variance of the height exactly just the it's just the and I don't know you testify that the additional square footage was done to create the stairs so you could get up and down to the storage Bas instead having goinging one of the drop down stairs well without the bathroom could it be reduced I was thinking about that but I don't well I mean we cut it mean just cut out the bathroom and not include it so it wouldn't be a rectangle this is the bathroom I don't know where the I don't know if you could move stairs I don't know if you could move them over there if that I don't think it would make like a significant amount of difference where the yeah in the space if they just cut out the bathroom because the width of the bathroom is only 5et um they could just extend the space to make it for their gym um to make more equipment there looking at that I architect iend yeah I don't think where the bathroom is located it probably would not you know reduce the overall s footage of it CU then you kind of have to figure the whole back yeah and then the second floor is it the I walk up the stairs you can stand in the you can stand up there um I think it'll be it'll be it's s foot uh four or the highest or eight inches 4 that's the highest pitch maybe starts it down okay I I know that I'm not the I understanding that the height of the house was to make it consistent with the roof L of the garage just to make it consistent so if it was dropped down the garage would look a little squat compared with the house so that was the thought just lift it up so aesthetically looks a little bit more Le I mean you say the upstairs is not is really just for stor it's not were you planning to heat the garage at all okay what about the gym part the the part with the treadmill and stuff just I don't think so I mean he's just gonna run on it runs outside or electric baseboard that would work too Bater there Electric in there I don't think that's that's funny growing up my doctor's office was in that [Laughter] house that remember the all right any other questions from the board the existing Landscaping um does block half of the um the G the new garage um so that's a good thing that on River it won't be so so much of a intense feel on that side um so I appreciate that and how it's set back to kind of match the house um beautiful house Jo no issues with the neighbors 37 and and to that point Mr chairman the where the garage is the neighbor that's on the uh guess the north side of District place right they the garage is on the opposite side so it shouldn't impact them at all and the other neighbor was kind of behind the house that faces on River Road they're a far distance away so I don't think it would have any impact at all okay yeah their pool kind of sits between the um between the property line it's the property line then pool and then the garage and then their Landscaping also it's extreme high and Mr chairman if I could just um PA to one other comment I where I think you were going was if the application is approved obviously it's for a second principal structure because of the size but I mean in the past doesn't mean you have to do it here but in the past what you all have done is said hey it's a second principal structure because of size but it is a garage it is not a house and by the way it can't be used for living space sometimes you have a deed restriction to say that but you also generally have said in the past and by the way because of this special Arrangement uh there can't be any further expansion or intensification absent further approval just because you don't want to give the cart typically you don't want to give cart blanch approval hey it's a it's it's a principal structure so that's generally some of the things if if that helps at all yes that's exactly what I was thinking it's you know we're calling it a garage but it seems to be more and we will Gage um I'm all for the garage a typical garage there aren't bathrooms and garages there aren't NE you know usually Lofts upstairs and garages or gyms and garages so we're calling it a garage to me it's more than a garage I'm perfectly fine with a bigger oversized garage I think it looks great too but I would want the caveat out no more expansion um no water you know things like that that's call a garage it's a garage you're calling the garage you want a garage I'm all for that I just want to make sure that got it X owner doesn't come in and say hey I've got two structures here and I want to put an addition on it so those are my concerns about it um those are fair and understood any other questions from the board any questions from the public I don't see any any comments from the board personally I like the idea that you're adding a garage to the house every house could use use a garage um like Paul said um having utilities really puts this into a gray area so as long as you're willing to take out the bathroom don't heat it I'm okay with the size of it being you know the size of a a secondary principal use um so from my commentary I would be in favor of this any from the public I don't see any anybody like to make a motion to approve or deny this application I'll approve it I'll second yeah Mr chairman could I um just relay a couple real quick things absolutely uh if I've taken some notes if the application were to be approved typically the uh conditions would be compliance with all the promises commitments and representations the team made tonight compliance with any affordable housing uh regulations requirements compliance with Shaun's memo obtaining any outside approvals if necessary and obviously if in conjunction with outside approvals the nature of the application or the requested relief materially changes you have to come back uh we generally have a 24mon shelf life uh for which to get the uh the permits or any agreed upon extension no living space um did you want a deed restriction fil I mean it's a simple deed restriction or I don't care if we do or don't that's up to you um what do you recommend I mean historically you have had the deed restriction just it says it can't be uh used as a as a home or dwelling unit absent further approval of the board I'd go with that in the con I mean Dan is that the concern always was about if you sold and you didn't tell people and they thought hey I had this um and then uh the no further expansion uh absent approval and let's see we talked about no living space um we talked about the utility restrictions Mr Kenny I just wanted one issue was the heat I know there was some back and forth about heat no heat I mean is it if they wanted to put electric baseboard heat baseboard heat in the I just want clar yeah we we didn't want a foul we just seemed a little unclear on that is that okay electric B yeah and now I just wanted to um I know there was some discussion about getting rid of that other driveway is that something that's on the table or no we're not doing that oh the other side the accurate to start we didn't make the other applicant take out the existing Drive last time we didn't make them do it correct me if I'm wrong also but on a previous application they had a driveway added a driveway and the existing driveway wasn't part of the no because it's existing and it's not counting towards their law coverage so they can keep the the yeah but if they do anything to it that's when it triggers so the old driveway if you do anything to it that's when it'll all come back that's when it triggers you repave it like if you take it up and then want to expand it further make it bigger even pavers you know take it you know but pavers would be pervious right that would even matter a new ashfold over there you'd have to do a new application yeah we didn't make someone else remove that right and and then what I'm assuming is Amanda to your earlier questions if this would be acceptable if it were approved Dan as a you know uh you just could confirm the existing lot coverage when the architect comes back and and just provide what Amanda said some better calculation details and just as long as we're not exceeding the 35% you know the plans would have to be revised to remove the bathroom so it's part of well that that won't accept that won't affect your law coverage anyway no no but I'm just saying oh your architectural process look at lot coverage issu make sure the same and I just have one other question we didn't talk about but the driveway itself is there a concern about the proximity to the crosswalk there like it's pretty set back that that was a concern of mine also um it's 50 feet from the corner so it shouldn't and confirm with the architect shouldn't imp impct sight triangle or any of those type yeah that would be something that we probably want to confirm that there's not dangerous condition something thans there was something in your review letter about BPW yes but in order to create a new um curve cut or depression um you will have to get from the dpu um so that's their um I forgot open roads um open something um permit so uh you'd have to get approval from them and then just submit the approval and then I think the only other uh conditions were obviously what we talked about the revising the plan so as to include the elimination of the halfbath and then uh Shaun since you made a very good point um by the way sea is excellent uh about the how the Landscaping helps hide and shield uh Dan and it is to the typical of the board we typically have a requirement that uh the particularly because of the circumstances that you perpetually maintain and replant that Landscaping so that that buffer and visible Shield is is always there and um again uh so uh were are those terms acceptable to the applicants yes yes okay Eileen you were motion yeah okay no Rond Mass yes I Hogan yes Beno yes Sharon Lee Yes Vincent L yes Paul kagu yes and Anna Cruz yes okay good luck thank you everybody you you very much Mo motion to adjourn motion to adjourn yes