1 1 BOROUGH OF WEST LONG BRANCH ZONING BOARD COUNTY OF MONMOUTH - STATE OF NEW JERSEY 2 3 -------------------------- 4 REGULAR MEETING FOR: TRANSCRIPT OF PROCEEDINGS 5 Thursday, October 28, 2021 -------------------------- 6 7 8 9 10 BEFORE: 11 PAUL SANTORELLI, JR., Chairman PAMELA HUGHES 12 MICHAEL SCHULZ PAUL GIGLIO 13 MARK ENGEL ROBERT VENEZIA 14 JANE HERD 15 16 17 18 19 20 ALSO PRESENT: 21 MICHAEL IRENE, JR., ESQ., Board Attorney ELIZABETH WATERBURY, P.E., Board Engineer 22 23 24 LISA NORMAN, CCR 15 Girard Avenue 25 West Long Branch, N.J. 07764 732-229-5897 2 1 A P P E A R A N C E S: 2 ANSELL, GRIMM & AARON 1500 Lawrence Avenue 3 Ocean Township, New Jersey BY: JENNIFER S. KRIMKO, ESQ. 4 Attorneys for the Applicant 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 1 I N D E X 2 WITNESS NAME PAGE NO. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 1 E X H I B I T S 2 EXHIBIT NO. DESCRIPTION PAGE NO. 3 A-6 Proposed Plan 13 of Property prepared by 4 Lakeland Surveying dated 3/11/20 revised through 5 9/28/21 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 1 CHAIRMAN SANTORELLI: This is the 2 October 28, 2021 regular meeting of the West 3 Long Branch Zoning Board of Adjustment. 4 Requirements of the Open Public Meetings 5 Law. 6 MR. IRENE: And, Mr. Chairman, we should 7 also indicate for the record that when the 8 Board, during the course of the year, made the 9 determination to resume live in-person meetings 10 after commencing the year via ZOOM, we should 11 supplement all of the Open Public Meetings Act 12 Notice by posting by publication and by 13 distribution to the clerk advising that we would 14 for the remainder of the regularly-scheduled 15 meetings for the year resume in-person meetings 16 here at Borough Hall. Thank you. Roll call? 17 Mr. Chairman, we should also indicate for the 18 record that our new Board Member Ms. Herd and we 19 welcome Ms. Herd to the Board. 20 CHAIRMAN SANTORELLI: Welcome. 21 MR. IRENE: Mr. Santorelli? 22 CHAIRMAN SANTORELLI: Here. 23 MR. IRENE: Mr. Schulz? 24 MR. SCHULZ: Here. 25 MR. IRENE: Ms. Hughes? 6 1 MS. HUGHES: Here. 2 MR. IRENE: Mr. Venezia? 3 MR. VENEZIA: Here. 4 MR. IRENE: Mr. Giglio? 5 MR. GIGLIO: Here. 6 MR. IRENE: Mr. LaSalle? 7 MR. LASALLE: Here. 8 MR. IRENE: Ms. Herd? 9 MS. HERD: Here. 10 MR. IRENE: Mr. Engel? 11 MR. ENGEL: Here. 12 MR. IRENE: We have a quorum, Mr. 13 Chairman. 14 Salute to the flag. 15 MR. IRENE: Mr. Chairman, with regard to 16 the Agenda, the second item on the Agenda Al 17 Srour, if I'm pronouncing that correctly, 21 18 Hendrickson, I received some communication from 19 Antonio Scalise, who is the Applicant's 20 architect, this afternoon. I advised him, 21 during our conversation, I advised him that I 22 reviewed the Notice materials. The Notice is 23 deficient. It indicates in one place that the 24 hearing is going to be conducted via ZOOM and in 25 another place in person. The lead line says, 7 1 remotely via ZOOM. The statute requires in 2 addition to indicating the location of the 3 property, their address, lot and block, where 4 the hearing is going to be held, when it's going 5 to be held, the nature of the application, it 6 also requires that the Notice indicate that the 7 plans and supporting materials are on file and 8 available for inspection and generally say 9 Borough Hall, Broadway, West Long Branch, New 10 Jersey during normal business hours. That's 11 required by the statute. That was not included 12 in the Notice. So for both of those reasons, I 13 indicated to Mr. Scalise that it was my position 14 that the Notice is deficient. If the Notice is 15 deficient, as the Board Members know, we do not 16 have jurisdiction to hear the case. 17 As a result of that, I received an email 18 shortly thereafter from Mr. Scalise essentially 19 saying that he understood the situation with 20 regard to the Notice, he anticipated that the 21 Board would give a new date and require a new 22 Notice which would be my suggestion. And he 23 also indicated that they have received Ms. 24 Waterbury's review letter of October 22 and 25 between now and the new date they are going to 8 1 try and revise plans to address comments in the 2 review letter. So that being the case, Mr. 3 Chairman, it's my suggestion to the Board that 4 it does not have jurisdiction to hear the matter 5 tonight. A new date should be assigned with the 6 requirement that the Applicant give new Notice. 7 We got to get a stipulation extending time which 8 I'll send in my letter to Mr. Scalise. 9 CHAIRMAN SANTORELLI: So our December 10 meeting, I think December would be the meeting 11 that we carry to would be, I believe, it's the 12 16th. Everyone okay with carrying that until 13 December 16th? 14 MR. GIGLIO: No problem. 15 CHAIRMAN SANTORELLI: We're early for 16 Christmas. 17 MR. IRENE: It's the third Thursday that 18 month. Make a motion extending the stipulation 19 of time and with the requirement of new Notice. 20 MR. GIGLIO: I make a motion with the 21 stipulation to require the new Notice. 22 MR. ENGEL: I'll second. 23 MR. IRENE: Mr. Santorelli? 24 MR. SANTORELLI: Yes. 25 MR. IRENE: Mr. Schulz? 9 1 MR. SCHULZ: Yes. 2 MR. IRENE: Ms. Hughes? 3 MS. HUGHES: Yes. 4 MR. IRENE: Mr. Venezia? 5 MR. VENEZIA: Yes. 6 MR. IRENE: Mr. Giglio? 7 MR. GIGLIO: Yes. 8 MR. IRENE: Mr. LaSalle? 9 MR. LASALLE: Yes. 10 MR. IRENE: Ms. Herd? 11 MS. HERD: Yes. 12 MR. IRENE: So the motion carries. Any 13 interested parties on the Srour matter, as you 14 may have just heard, the Notice was deficient so 15 we don't have jurisdiction to hear the matter. 16 The Board has listed the application for 17 December 16, 2021 with the requirement that they 18 issue new Notice. You may want to mark it on 19 your calendar anyway. If you're interested in 20 looking at the plans, you can come down in 21 advance. You may want to wait until closer, if 22 there is revised plans. There may be. 23 MR. VENEZIA: I have a comment on this 24 also. In my review of the case or the 25 application today, I only had it a day's notice 10 1 to look at it, but I went over to the property 2 and it appears to me that a lot of work is being 3 done already and there was a permit that's put 4 on the front of the house that has nothing on it 5 so it's just posted there. 6 MS. WATERBURY: They have some approvals 7 to do some work already. 8 MR. VENEZIA: Okay. I would say we have 9 to let Mr. Miller know as promptly as possible 10 to inspect this. You have to have something 11 noticed on that permit you have there. He may 12 have it before, but there's nothing on it now. 13 MS. WATERBURY: I'll mention to Mr. 14 Miller tomorrow. He and I spoke about the 15 property today. 16 MR. VENEZIA: And some of the work we 17 have in this already seems to be done. I didn't 18 go in the back, back because I saw enough. 19 Thank you. 20 MR. IRENE: Libby, will you contact Mr. 21 Miller? 22 AUDIENCE MEMBER: How can those of us 23 don't have the same access as you know if things 24 are actually being done that there are no 25 permits for? 11 1 MR. IRENE: We don't know. We're not an 2 enforcement body. We're simply putting Mr. 3 Miller on notice there may be some issues that 4 he should look at. You are welcome to contact 5 Mr. Miller. We're not enforcement. You may 6 want to call Mr. Miller the Zoning Officer or 7 call down Construction. 8 MS. WATERBURY: It should also be noted, 9 too, we also would not know if there are permits 10 or not permits. There could be permits and we 11 would not know. 12 MR. IRENE: You may want to mark that 13 date on your calendar December 16. Mr. 14 Chairman, unless there is anything further on 15 that, the first item on the Agenda is the 16 Fouerteh matter. That's Ms. Krimko's matter. 17 As the Board may recall, we commenced hearing 18 this application on August 26, 2021. The first 19 question is, is everyone here tonight, were you 20 here on August 21 or did you otherwise listen to 21 a tape? I know there were no transcripts. 22 MR. ENGEL: I was not here. 23 MR. GIGLIO: I was not here. 24 MR. IRENE: If we conclude tonight, Mr. 25 Giglio and Mr. Engel would not be able to 12 1 participate in a vote. You can participate in 2 the hearing and Ms. Herd, of course. 3 MS. WATERBURY: I believe that I had in 4 my notes Mr. Santorelli, Mr. LaSalle, Mr. Schulz 5 and Ms. Hughes and Mr. Venezia were all here. 6 MR. IRENE: Five. Mr. Santorelli, Mr. 7 Schulz, Ms. Hughes, Mr. Venezia and Mr. LaSalle. 8 Okay. We'll let Ms. Krimko put her appearance 9 on the record. 10 MS. KRIMKO: Good evening Chairman 11 Santorelli and the Board, Jennifer Krimko from 12 Ansell, Grimm & Aaron on behalf of the 13 Applicant. As the Board may remember at the 14 hearing of August, we went through excruciating 15 detail as to what was existing at the house 16 historically, what is there now and how it got 17 there. 18 We also heard from the neighbor who took 19 great objection to everything but, in 20 particular, with regard to the location of the 21 two sheds that were there. Although those sheds 22 are pre-existing, non-conforming and they could 23 remain despite as long as we resolved the 24 coverage issue, the Applicant has taken it upon 25 himself to submit a revised plan that I would 13 1 like to move in as A-6 and it's called, Proposed 2 Plan of Property. It's prepared by Lakeland 3 Surveying. It's dated 3/11/20 revised through 4 9/28/21. And that was submitted to the Board 5 and has been on file. And when you look at that 6 plan, what you will see is, several suggested 7 changes in order to reduce the non-conformities 8 and more importantly to accommodate the neighbor 9 to the north. The two sheds that are 10 non-conforming and sitting on the northern 11 property line are proposed to be, one is to be 12 removed entirely and the other is to be 13 relocated. You can look at the second shed that 14 is being relocated is being proposed up against 15 the home 10-and-a-half feet from the property 16 line so it's fully conforming as to setback. 17 Additionally and recognizing that the 18 Applicant is of the belief that there was no 19 more pavement constructed than what was proposed 20 is still in an effort to show that he proceeded 21 in good faith originally and continues to 22 proceed in good faith he's proposing to square 23 off the pool patio so it's less than what was in 24 those aerial photos because the aerial photos 25 showed it did extend a bit passed the home. I 14 1 know the Board Members took issue maybe there 2 was something added to the south. We're also 3 going to take off some from the east. 4 With that, the other thing we would 5 agree to do if the Board were to grant the 6 variances, oh, and we're locating that, for back 7 lack of a better word, that curvy walkway along 8 the northern side so it can go around the shed 9 and the fence could still have access to the 10 back yard. 11 So with all of those changes, if the 12 Board were to approve this, we would install dry 13 wells or similar drainage structures to 14 accommodate the percentage that we are over and 15 that would obviously be subject to review for 16 Libby, from your Board engineer. So I think in 17 light of this, I think the Applicant made some 18 concessions to accommodate his neighbor that he 19 didn't have to but was willing to, one, to keep 20 piece in the neighborhood, and two, to be able 21 to maintain the majority of the pool pavers 22 around the the pool which had always existed 23 there from the time he purchased the home. 24 So he was, Mr. Fouerteh was sworn at the 25 last meeting. He remains under oath tonight. A 15 1 lot of what we're doing is just making 2 representations about the plans, but he is 3 certainly here to answer any questions should 4 you have any. 5 MR. IRENE: And Libby was sworn last 6 time also, I believe. I'm going to swear her in 7 anyway. And Mr. Fouerteh, in any event, we're 8 going to put you under oath again. I know there 9 is an interested party. Did you have an 10 opportunity to see the plan or would you like a 11 copy, ma'am? 12 AUDIENCE MEMBER: I would like a copy. 13 MR. IRENE: Do you have an extra copy, 14 Ms. Krimko? 15 MS. KRIMKO: I do not. I can certainly 16 walk Ms. Sutton through it. 17 MR. IRENE: Yeah, this way, Ms. Sutton 18 has a visual of what you are describing. If I 19 could just take a moment, Mr. Chair. 20 MR. SANTORELLI: Has everyone had a 21 chance to review? Do we want to do one 22 page-by-page? We can accept the whole. 23 MR. IRENE: Yeah, this is the Shea 24 resolution 80 Wall Street. You can certainly 25 ask if anybody has any questions or changes. 16 1 MR. IRENE: This is Shea resolution. 2 It's 80 Wall Street. So the Board Members, if 3 anybody has any questions, comments, changes, we 4 can address them. 5 MR. SANTORELLI: Are we ready. Would 6 someone like to make a motion to accept the 7 resolution as presented? 8 MR. VENEZIA: I'll make that motion to 9 accept the resolution as presented for our 10 meeting. 11 MR. SCHULZ: I'll second that the Shea 12 resolution of 80 Wall Street. 13 MR. IRENE: So that's moved by Mr. 14 Venezia and seconded by Mr. Schulz. 15 MR. IRENE: Mr. Santorelli? 16 MR. SANTORELLI: Yes. 17 MR. IRENE: Mr. Schulz? 18 MR. SCHULZ: Yes. 19 MR. IRENE: Ms. Hughes? 20 MS. HUGHES: I wasn't here. 21 MR. IRENE: Mr. Venezia? 22 MR. VENEZIA: Yes. 23 MR. IRENE: Mr. Giglio? 24 MR. GIGLIO: Yes. 25 MR. IRENE: Mr. LaSalle? 17 1 MR. LASALLE: Yes. 2 MR. IRENE: Mr. Engel? 3 MR. ENGEL: Yes. 4 MR. IRENE: So I can keep the notes for 5 the future secretary squared away. On the Srour 6 matter, when we gave them that date, who made 7 the motion? Anybody remember? To carry the 8 date. 9 MR. GIGLIO: I made and Mr. Engel 10 seconded it. 11 MR. SCHULZ: Can I have a quick point of 12 order before I forget about this matter? 13 MR. IRENE: Sure. 14 MR. SCHULZ: On the Agenda list where 15 the new Member is presented as Mrs. Herd, is she 16 a full member? 17 MR. IRENE: Regular member. She was 18 appointed to the unexpired term. She was 19 appointed to the unexpired term of Mr. Lamarca. 20 So she's a regular member appointed to fulfill 21 the unexpired term of Mr. Lamarca which expires 22 the last date of September 2024. 23 MR. VENEZIA: Just as Alex came in as a 24 regular member. 25 MR. SCHULZ: Mr. Engel and Mr. Malfa are 18 1 alternates. Is that right? 2 MR. IRENE: As of right now, yeah. So 3 the record will reflect we adopted the Shea 4 resolution. We did a few other housekeeping 5 matters. We didn't leave the room so there's no 6 need to do a roll call and Ms. Krimko has 7 rejoined us on the Fouerteh matter. 8 MS. KRIMKO: Yes, and I have. And we 9 have worked out the issue with the neighbor 10 Yvette Sutton. If the Board looks at what we 11 moved in as A-6 in evidence, you could see that 12 there is a fence running along the patio in a 13 north-south direction that's enclosing the pool 14 at the pool patio. That fence was there when my 15 client purchased the home. He doesn't know why 16 the whole backyard wasn't fenced in, but that's 17 the way it was. 18 Now that we are removing the sheds, the 19 neighbor was concerned that it would be open and 20 her grand kids could just come running into the 21 yard and we have committed that we will be 22 fencing in the entirety of the backyard so there 23 will be a fence in between our property and Mrs. 24 Sutton's property. 25 MR. VENEZIA: A date on that? By a 19 1 certain date? 2 MS. KRIMKO: Oh, sure. As soon as we 3 have an approval and we have the resolution 4 adopted we're going to move the sheds, we're 5 going to move the fence, we're going to remove 6 the excess paver patio. Obviously, we need to 7 work with Libby to come up with a drainage plan. 8 That has to be approved as well. We'd like to 9 do all of the work at once, but we won't remove 10 the sheds until it's scheduled to have the fence 11 put in. 12 The pool code is met because the pool is 13 fenced. We don't have an obligation to fence 14 our house off from the neighbors, but we're 15 willing to do so if that will help bring some 16 peace between these two neighbors and I 17 understand from Ms. Sutton that as long as we 18 agree to that she's okay with the proposal. 19 MR. GIGLIO: Have you taken one of sheds 20 out already? 21 THE WITNESS: I didn't do anything. 22 MR. VENEZIA: When I looked at it today, 23 there wasn't -- 24 THE WITNESS: No, I didn't want to 25 anything and make a big space between me and 20 1 her. 2 MR. IRENE: That's fine. 3 THE WITNESS: I bought the house like 4 that, by the way. 5 MR. VENEZIA: That's fine. 6 MS. KRIMKO: Less is more. 7 MR. IRENE: While we're still to the 8 Applicant and before we allow the neighbor to 9 comment or Board Members, can we just go over 10 the numbers so I have the numbers now in terms 11 of coverage and whatnot? 12 MS. KRIMKO: Yes, they're actually on 13 the top of A-6. 14 MR. IRENE: Yes, they are. 15 MS. KRIMKO: The existing coverage is 16 46.6 percent. 17 MR. IRENE: Total lot coverage. 18 MS. KRIMKO: Total lot coverage and 19 proposed is 44 percent. 20 MR. IRENE: Thirty-eight is required. 21 No. 2 is the rear yard coverage. 22 MS. KRIMKO: Yeah, I calculated that 23 myself. 24 MR. IRENE: I thought somebody had it. 25 MS. KRIMKO: No. That was in Libby's 21 1 letter. I trust Libby's calculation over mine 2 any day. 3 MR. IRENE: The original proposal was 60 4 percent reduced to 44 percent where 25 percent 5 is the maximum allowed rear yard coverage. One 6 shed to be removed, the other shed to be 7 relocated to conform and the setbacks as shown 8 on Exhibit A-6. 9 MS. KRIMKO: Correct. 10 MR. IRENE: There was a reference in Ms. 11 Waterbury's letter to the setbacks of the pool 12 equipment. Do we know what those are? 13 MS. KRIMKO: Yeah, they are shown at 14 point 2 and point 4. Those are existing. 15 MR. IRENE: Point 2 and point 4. 16 MS. KRIMKO: They are up against a vinyl 17 fence in that area. 18 MR. IRENE: And what's required on that? 19 Ten? Five? 20 MS. WATERBURY: Ten. 21 MR. IRENE: Ten required. 22 MS. KRIMKO: I don't know. They were 23 they when we purchased. The pool patio instead 24 of being the full 10 feet from the rear yard is 25 9.9 and that was an effort to square it off and 22 1 leave enough of a walkway around it. If we cut 2 it back any more, the walkway around it would be 3 too narrow. 4 MR. IRENE: Pool patio was it 9.9 rear 5 yard? 6 MS. KRIMKO: Yep. 7 MR. IRENE: Where 10 is required. 8 MR. IRENE: Forgive me, Lib, I'll let 9 you go through your letter with regard to the 10 screening and the lighting and whatnot and we 11 can have the Board Members ask whatever 12 questions they ask. 13 MS. WATERBURY: Yeah, there were just a 14 couple of questions I had. You had testified 15 last time that you had a light on the back of 16 the house existing. 17 THE WITNESS: Yes. 18 MS. WATERBURY: So that lights up the 19 backyard. 20 THE WITNESS: Yeah, but it's rarely on. 21 Never on, actually. 22 MS. WATERBURY: Is it a floodlight-type 23 of light? 24 THE WITNESS: No. Hold on. Like a 25 sensor? 23 1 MS. WATERBURY: Is it just at the doors 2 like a regular residential light next to the 3 door or is it more of like a motion floodlight? 4 THE WITNESS: No. No. Not a motion. 5 Regular light, I guess, you want to call it. 6 Not a floodlight. 7 MS. KRIMKO: It's not a floodlight. 8 Just a house light. 9 MS. WATERBURY: I didn't know when you 10 said there is was a light. Some people put a 11 light to light up their whole backyard. 12 THE WITNESS: No. No. 13 MS. WATERBURY: I think the testimony 14 was last time you weren't going to add 15 additional lights to the pool area, but I think 16 some people have lights. 17 MS. KRIMKO: Landscape lighting. 18 THE WITNESS: The kids like the glow in 19 the dark things. 20 MS. WATERBURY: The shed that you're 21 moving to the side of the house, that will not 22 be connected to the house, correct, that's just 23 going to be placed next to the house. 24 MS. KRIMKO: Correct. 25 THE WITNESS: Right. 24 1 MS. WATERBURY: It's not going to be 2 connected. It won't be attached. 3 THE WITNESS: From the house, no. 4 MS. WATERBURY: There is no requirement 5 in your Ordinance for separation between the 6 two. Some Ordinances do have it. 7 THE WITNESS: Oh, to separate it from 8 the house? 9 MS. WATERBURY: Yes, if it was attached. 10 MS. KRIMKO: It's not attached. 11 MS. WATERBURY: Since it's not attached 12 then it relates to the shed setbacks. Do you 13 know what the height of that is? 14 THE WITNESS: That will be less than 15 eight feet. 16 MS. WATERBURY: The height of the shed 17 is less than eight feet. 18 THE WITNESS: Yes. 19 MS. WATERBURY: The setback requirement 20 would be half of that and it will be at 4-ish 21 and you are at 10-ish. 22 MS. KRIMKO: Correct. We made it 10 on 23 purpose knowing that it was around the 8 to 10 24 foot height. We wanted to match the setback 25 with the height. 25 1 MS. WATERBURY: Okay. And then the only 2 thing you had talked about the screening for the 3 pool equipment that, I guess, on the two sides 4 there's a solid fence that screens it. Is it 5 visible from the other property? 6 THE WITNESS: No. 7 MS. KRIMKO: It may be, but the reality 8 is, it far exceeds the setback from over there. 9 It's a hundred feet away so we're not required 10 to buffer it out of view. 11 MS. WATERBURY: Plus, if you put a fence 12 up. 13 MS. KRIMKO: Correct. I don't know what 14 type of fence we're putting up. Again, we're 15 not required to make the pool equipment 16 invisible. The buffering would only be if it 17 needed a variance. 18 MS. WATERBURY: And then I think the 19 last thing we had related to the grading of the 20 site and the drainage. You indicated that you 21 would be willing to provide some kind of storm 22 water mitigation, whether it's roof recharge or 23 something of that nature, in order to mitigate 24 the amount of coverage that you would be in 25 excess. In order to do that, we're also going 26 1 to need, you know, survey work to show whatever 2 is being done isn't just flowing onto the other 3 property so -- 4 MS. KRIMKO: Understood. We'll do 5 whatever spot grading we have to depending where 6 it's being located. If we're going to put in 7 dry wells and the roof drains, we're going to 8 have to do some soil work as well. I'm not 9 intending to give a full grading plan. Again, 10 we did not construct this. It's existing. But 11 to the extent where we're disturbing it is not 12 an issue we will provide that. 13 MR. IRENE: Or to the extent the Board 14 engineer deem it necessary to indicate the 15 excess lot coverage of the property. 16 MS. KRIMKO: Right. 17 MS. WATERBURY: I think one of the 18 concerns we did have a neighbor that came and 19 said flow onto their property. I am just 20 concerned about making sure on that side that, 21 you know, if we need to direct things, redirect 22 things away. 23 MS. KRIMKO: Understood. 24 MS. WATERBURY: Enough information to so 25 show that. I thought I would put that on the 27 1 record. 2 MR. SANTORELLI: Is that all of it? 3 MS. WATERBURY: That's all that I have. 4 MR. SANTORELLI: Being the sidewalks are 5 getting, I guess, replaced or redone, where is 6 that located in the coverage because the front 7 pavers it's the same calculation. Rear pavers 8 is obviously less. But where does the sidewalk 9 come in on the coverage calculations because is 10 it smaller? 11 MS. KRIMKO: No. I believe it's exactly 12 the same. That would have been part of what was 13 considered the front pavers. It's just a wash. 14 MR. SANTORELLI: I wasn't sure if it was 15 less or what was happening and that's why I was 16 asking. 17 MS. KRIMKO: No. I can only go by the 18 numbers by the engineer who prepared this, but 19 we'll make it doesn't exceed the 44 percent. 20 MS. HUGHES: I have a question. The two 21 sheds are being moved, the neighbor requested 22 that a fence be put up to help the site. A 23 fence is adequate? No trees or shrubbery should 24 be planted there? 25 MS. KRIMKO: So, again, we're 28 1 eliminating it -- we're likely going to do that 2 because as you can imagine my client may not 3 want to be in his backyard with someone peering 4 over and would want to have the privacy. With 5 that being said, we're removing non-conforming 6 sheds. We're entitled to have an open side 7 yard. We don't need any setback variance 8 relief. 9 MS. HUGHES: Yeah, I do understand that, 10 but I think what we're trying to do is we're 11 trying to work through a compromise because we 12 have 38 percent lot coverage which it should be. 13 MS. KRIMKO: Right. 14 MS. HUGHES: And you have come down 2.6 15 percent. Not a huge amount. So I'm just, you 16 know, throwing it out there, do we need a few 17 trees? Is your neighbor satisfied with the 18 fence? 19 MS. KRIMKO: If we do not put a solid 20 fence, we will put some trees. It will either 21 be a solid fence or trees. 22 MR. IRENE: Unless the Board deems it 23 necessary to put the row of arborvitae to soften 24 the view and you can have a fence and 25 arborvitae. If the fence is tall enough, you 29 1 may not see the arborvitae and that does nothing 2 anyway. 3 MS. KRIMKO: I understand what you're 4 asking, Ms. Hughes, and again, I don't know what 5 type of fence it's going to be. If it's not 6 solid, we will put a row of evergreens to block 7 it from view. 8 MS. HUGHES: Can the neighbor speak? 9 MR. SANTORELLI: We have to get through 10 the Board and then if you don't mind. 11 AUDIENCE MEMBER: That's okay. 12 MR. SCHULZ: The proposed new shed, 13 would that abut the house? 14 MS. KRIMKO: Yeah, and it's not a new 15 shed, Mr. Schulz. It's literally going to be 16 lifted and placed there. 17 MR. SCHULZ: What's the dimensions of 18 that? 19 MS. KRIMKO: That is written on there as 20 8.15 feet by 16.12 feet. 21 MR. SCHULZ: Is there any windows where 22 the house is where the shed is going to be? 23 THE WITNESS: No. 24 MR. SCHULZ: What's there? 25 THE WITNESS: Siding. The siding of the 30 1 house. 2 MR. SCHULZ: There's no windows on that 3 side. 4 THE WITNESS: No. No windows. It's a 5 closet. On the inside is closet. 6 MS. KRIMKO: We took care looking into 7 that. 8 THE WITNESS: No windows. That's why we 9 decided. 10 MS. KRIMKO: That that was the best 11 location. 12 MR. IRENE: Any other Board Members? 13 MR. LASALLE: We are including that 14 between Libby and I guess you guys you are going 15 to submit something about the grading on the 16 pool. 17 MS. KRIMKO: A hundred percent, Mr. 18 LaSalle. 19 MR. LASALLE: That pool does look a 20 little high sometimes, you know? 21 MS. KRIMKO: We are going to address the 22 mitigation and the overage of the coverage. 23 MR. SANTORELLI: Open it up to the 24 public. 25 MS. SUTTON: I just have one comment. 31 1 MR. IRENE: I know we swore you in last 2 time. Full name and your address. 3 MS. SUTTON: Yvette Sutton, 18 Windsor 4 Drive, West Long Branch. I just have one 5 comment. I'm happy that the sheds, one going to 6 be removed, the other is going to be relocated, 7 but I do feel that if there's not a solid fence 8 because it's very difficult, you know, when 9 people have company -- 10 MS. KRIMKO: We'll do a solid fence. 11 MS. SUTTON: Please. I really would 12 appreciate it. He needs the privacy. I need 13 the privacy. 14 MS. KRIMKO: It will be a solid 6-foot 15 fence. 16 MS. SUTTON: Thank you. 17 MR. SANTORELLI: Now, is it tying into a 18 fence that's already existing? 19 MS. KRIMKO: It's tying into a fence 20 that's existing along the back and it will meet 21 up with the fence that's going from the house to 22 the northern property line. 23 MR. SANTORELLI: What kind of fence? I 24 know you said solid. 25 MS. KRIMKO: Vinyl. 32 1 THE WITNESS: White vinyl fence. 2 MR. IRENE: Any other interested 3 parties? Any questions or comments? Let the 4 record reflect none. Anything else, Ms. Krimko? 5 MS. KRIMKO: That's all, Mr. Irene. 6 MR. IRENE: To the Board. 7 MR. SANTORELLI: Anything else? 8 MR. VENEZIA: I'll make a motion that we 9 accept this the plans as presented tonight being 10 that a solid 6-foot vinyl PVC white fence will 11 be placed on the property as noted, that all 12 setbacks or takeoffs from the patio around the 13 pool or the area around the pool will be taken 14 care of and the other proposed locations that 15 we've talked about tonight along with the 16 restructuring of the sidewalk on the side of the 17 house will take effect as what exhibit is this? 18 MS. KRIMKO: A-6. 19 MR. VENEZIA: A-6? 20 MS. KRIMKO: Yes. 21 MR. VENEZIA: A-6. 22 MS. KRIMKO: And subject to Libby's 23 letter. 24 MR. SANTORELLI: Do we have a second? 25 MR. LASALLE: I'll second it. 33 1 MR. IRENE: Moved by Mr. Venezia and 2 seconded by Mr. LaSalle. 3 MR. IRENE: Mr. Santorelli? 4 MR. SANTORELLI: Yes. 5 MR. IRENE: Mr. Schulz? 6 MR. SCHULZ: Yes. 7 MR. IRENE: Ms. Hughes? 8 MS. HUGHES: Yes. 9 MR. IRENE: Mr. Venezia? 10 MR. VENEZIA: Yes. 11 MR. IRENE: Mr. LaSalle? 12 MR. LASALLE: Yes. 13 MR. IRENE: Got everybody? I did. 14 MS. KRIMKO: Thank you you very much. 15 MS. KRIMKO: Appreciate it. 16 MR. IRENE: Mr. Chairman, the next item 17 that we have is really an administrative matter. 18 That's concerning the next meeting of the Board. 19 The next meeting of the Board is scheduled for 20 Thursday, November 18. It's moved up a week 21 because of Thanksgiving. So it's the third 22 Thursday. I was advised yesterday morning that 23 Borough Hall will be closed because they're 24 painting and putting in carpeting. I think the 25 18th is carpet day. My understanding is no one 34 1 has been advised that they are on the Agenda so 2 presumably no one has Noticed. Is your 3 understanding different? 4 MS. WATERBURY: To my knowledge, no one 5 has Noticed and I don't believe anyone has been 6 advised. 7 MR. IRENE: So there was some 8 consideration given to maybe trying to do the 9 one meeting by Zoom. Here's the concerns that I 10 have with that, and obviously, it's up to you. 11 One, we have to give an Open Public Meetings Act 12 Notice out in time to let the whole world know 13 that they are back on for ZOOM. We have to 14 figure out which of the couple of applications 15 may be ready and give them enough time to give 16 Notice. That meeting is only less than three 17 weeks away. 18 In addition, whatever materials they are 19 going to present, the plans have to be here and 20 have to be uploaded onto the computer which 21 means we have to go to Long Branch for their 22 tech people, I think, to do it. The week before 23 I'm told the Borough Hall is closed to the 24 public because of the painting. That's the week 25 before the meeting on the 18th. So one of the 35 1 problems is in addition to all of those moving 2 parts and trying to get everything done in time, 3 if an interested party says, I don't have a 4 computer and I can't go online to look at the 5 plan and I want to come down and pick up a copy. 6 In the past, during COVID, we would 7 arrange to have a copy at the police department. 8 If Borough Hall is closed to the public that 9 proposes another problem. So my suggestion 10 would be that we cancel the meeting to the fact 11 that Borough Hall is going to be closed and 12 anybody that's in the queue can be given notice 13 to schedule for December and give Notice in a 14 timely fashion and we'll back. 15 The other thing is, our Board -- our new 16 secretary, as I understand it, is scheduled to 17 come onboard three days before the 18th. 18 Assuming Borough Hall is open. Who knows. I 19 don't know. You can see the difficulties and 20 challenges. So my suggestion is, particularly 21 since I understand nothing is on for that date 22 right now, that you just cancel the meeting, but 23 it's up to you. 24 MS. HUGHES: Well, I would make a 25 motion. 36 1 MR. SCHULZ: I'll second that motion 2 November meeting be canceled. 3 MR. IRENE: Unanimous acclamation. 4 MR. SCHULZ: Yes. 5 MS. WATERBURY: I had one other 6 administrative item. 7 MR. IRENE: Please. 8 MS. WATERBURY: We had had some brief 9 discussion at the last meeting about the annual 10 report and obviously in the middle of all of 11 this. 12 MS. HUGHES: Yes. Yes. Yes. 13 MS. WATERBURY: I think Chris Ann has 14 been preparing that for you and absent of having 15 the Board secretary then having to bring the 16 Board secretary up onboard, if you want us to 17 just put it together to finish that last bit of 18 it and get you those recommendations so that 19 maybe we can deal with that before the end of 20 the year. 21 MR. GIGLIO: Yeah. 22 MS. WATERBURY: We would have to be 23 authorized to do that. 24 MR. VENEZIA: Since the new secretary 25 will have time now, she'll have the three days. 37 1 MR. SANTORELLI: Do we have to make a 2 motion? 3 MR. IRENE: We're going to take a motion 4 to authorize Ms. Waterbury to prepare the annual 5 report. 6 MR. SANTORELLI: Would somebody like to 7 make that motion? 8 MR. VENEZIA: I'll make that motion. 9 MS. HUGHES: Second. 10 MR. IRENE: Mr. Santorelli? 11 MR. SANTORELLI: Yes. 12 MR. IRENE: Mr. Schulz? 13 MR. SCHULZ: Yes. 14 MR. IRENE: Ms. Hughes? 15 MS. HUGHES: Yes. 16 MR. IRENE: Mr. Venezia? 17 MR. VENEZIA: Yes. 18 MR. IRENE: Mr. Giglio? 19 MR. GIGLIO: Yes. 20 MR. IRENE: Mr. LaSalle? 21 MR. LASALLE: Yes. 22 MR. IRENE: Ms. Herd? 23 MS. HERD: Yes. 24 MR. SANTORELLI: We have two in the 25 audience. 38 1 MS. EISEL: Sherri Eisel, 17 Hendrickson 2 Place, West Long Branch New Jersey 07764. 3 Sherri Eisel, sworn. 4 MS. EISEL: I'm not sure exactly if this 5 is where I would start at this Board. I was 6 here for the Srour application, but I do have a 7 concern and I don't know where to start. 8 MR. IRENE: We can't talk about -- 9 MS. EISEL: I'm not going to talk about 10 that variance. Where would I start as far as 11 overnight street parking? To not have overnight 12 street parking? 13 MR. IRENE: Governing body. 14 MS. WATERBURY: Council. 15 MS. EISEL: That wouldn't be a zoning 16 issue then. 17 MR. IRENE: No, ma'am. A lot of towns 18 in the area do have that you cannot overnight 19 park. 20 MS. HUGHES: There are sections of our 21 town that have that. 22 MR. LASALLE: We used to have that. 23 MS. HUGHES: Well, in front of my house. 24 My house there is completely no overnight 25 parking. I live near the University. I'm on 39 1 Pinewood, you know, the parking is from 8 a.m. 2 to 2 p.m. 3 MS. EISEL: Because of the University. 4 MR. SANTORELLI: I used to have it in my 5 neighborhood because Zachary's over there 6 because people would park and then take cabs 7 home. From my understanding, that doesn't exist 8 anymore. 9 MR. GIGLIO: You can sit back, and say, 10 is it possible since the College has something 11 that we can do it similar because obviously it's 12 because of the College. 13 MS. EISEL: This is on Hendrickson and 14 it's not because of the College students. It's 15 really seasonal residents. When they come into 16 town, they have so many vehicles and they do not 17 park in the driveway. We are trying to 18 eliminate parking on the street overnight, 19 especially in the area where there is no 20 sidewalks. 21 MR. IRENE: You may also want to touch 22 base with the administrator because she is 23 generally here during the day when the governing 24 body aren't. 25 MS. EISEL: Who is the administrator? 40 1 MR. IRENE: Stephanie Dollinger. Let 2 her know and she can tell you when the next 3 council meeting is, if you would like to attend. 4 MS. EISEL: Should I speak to the clerk 5 as well to get on the Agenda? 6 MR. IRENE: You can. That's Carolina 7 Santos. 8 MR. LASALLE: If you were going to go 9 through that process, I would expand it for all 10 of the problems of the seasonal rentals caused 11 your whole neighborhood. Not just parking. 12 Someone enforcing it and looking into it, 'cuz I 13 think it's a big problem in West Long Branch and 14 everybody knows that. 15 MS. HUGHES: Go with a lot of neighbors 16 and friends. 17 MS. EISEL: Terrific. Thank you so very 18 much. Have a good night. 19 MR. IRENE: Anything else? 20 MR. LASALLE: From my own knowledge, 21 they are starting to see it and I think we're 22 going to continually see it, what happens when 23 people start, you know, building, doing things 24 without the permit? Like I know they get 25 stopped, right? 41 1 MR. IRENE: Uh-huh. 2 MR. LASALLE: But is there something 3 beyond that? 4 MS. WATERBURY: They get issued 5 violation notice. If the violation is not 6 resolved between the time period shown in the 7 notice then they get a summons and they go to 8 court and then the court, if it's something that 9 is about coverage or something that we would 10 deal with, you know, it does get stayed if they 11 send in an application into the Zoning Board 12 until such time as that's dealt with, but it 13 will continually burp up in court and, you know, 14 they'll get fined. 15 MR. IRENE: Municipal Court judge can 16 fine them every day. 17 MR. SCHULZ: Another question. What is 18 the status of the gas station on Monmouth Road 19 that was appealing our decision? 20 MR. IRENE: Their Brief is due in a 21 couple of weeks. My Brief is due between 22 Christmas and New Year's. 23 MR. SCHULZ: Thank you, sir. 24 MR. IRENE: You're welcome. 25 MS. TRIZZA: Joanne Trizza. Since you 42 1 were on that topic, Mr. LaSalle. I'm at 17 2 Hendrickson Place. I'm here -- I was here for 3 the Srour application. When you are speaking 4 construction, I've been living next-door to that 5 construction for over -- 6 MR. IRENE: We don't want to talk about 7 the property. 8 MS. TRIZZA: About the upkeep of the 9 property. Who do we need to talk to about that? 10 MR. IRENE: Call the Zoning Officer. 11 MS. TRIZZA: We have called. 12 MR. IRENE: Go to the governing body, 13 but we can't deal with that here. 14 MS. TRIZZA: We shouldn't be living 15 next-door to it. It's terrible. 16 MR. IRENE: I don't mean to be curt, 17 ma'am. One, we can't talk about the pending 18 application. And two, we're not an enforcement 19 agency. 20 MS. TRIZZA: I understand that. We need 21 to bring it up somewhere. 22 MR. SANTORELLI: Continue to call the 23 Zoning Officer. Until you get a call back, I 24 would recommend and leave messages or you can 25 show up and see if they are in. 43 1 MS. WATERBURY: Obviously, you can be 2 here for the hearing. 3 MS. TRIZZA: I understand that. We will 4 be here for the hearing. 5 MS. WATERBURY: Until the hearing is. 6 MR. LASALLE: Once again, I believe you 7 need to take your group to a council meeting and 8 deal with the rental issues in West Long Branch. 9 It needs to be done. 10 MS. TRIZZA: I mean, we were all here to 11 support. 12 MR. LASALLE: It needs to be done. It's 13 out of control and everyone knows it. 14 MS. TRIZZA: Thank you so much for doing 15 what you do. 16 MR. SANTORELLI: Goodnight. Have a nice 17 night. 18 MR. IRENE: Anything else, Mr. Chairman? 19 MR. SANTORELLI: I think that was the 20 last. 21 MR. IRENE: Motion to adjourn? 22 MR. SCHULZ: Motion to adjourn. 23 Ayes have it. 24 7:51 p.m. 25 44 1 CERTIFICATE 2 3 I, LISA NORMAN, a Notary Public and 4 Certified Court Reporter of the State of New Jersey, 5 do hereby certify that prior to the commencement of 6 the examination, the witness was duly sworn by me to 7 testify the truth, the whole truth and nothing but 8 the truth. 9 10 I DO FURTHER CERTIFY that the foregoing 11 is a true and accurate transcript of the testimony as 12 stenographically by and before me at the time, place 13 and on the date hereinbefore set forth. 14 15 I DO FURTHER CERTIFY that I am neither a 16 relative nor employee nor attorney nor counsel of any 17 of the parties to this action, and that I am neither 18 a relative nor employee of such attorney or counsel, 19 and that I am not financially interested in the 20 action. 21 ________________________________________ 22 Notary Public of the State of New Jersey License No. 30XI00177700 23 Dated: November 18, 2021 24 25