Margate City, NJ Planning Board Meeting of January 29, 2026
The board approved several development and business applications: a use variance for a new two-family home at 206 N. Madison, porch/roof coverage and other C-variances for homes at 106 N. Argyle and 3 N. Franklin (with conditions), and seasonal/retail food concessions — a hot‑dog stand at Scottstock (9211 Amherst) and Sunny's House of Donuts (7811 Ventner). The board also completed annual appointments and discussed upcoming master plan work and state flood-rule impacts.
Key points
Use variance granted to allow construction of a flood‑compliant two‑family dwelling at 206 N. Madison (V2 Properties).18:18 ↗
Scottstock (9211 Amherst) was approved to install a seasonal hot‑dog concession in its side yard (with flood anchoring/venting requirements discussed).61:00 ↗
Sunny's House of Donuts (7811 Ventner) was approved to convert the existing building to a takeout doughnut shop despite having no on‑site parking.115:46 ↗
Applicant for 3 N. Franklin agreed to modify plans to eliminate the building coverage variance (reduce footprint) as a condition of approval.56:24 ↗
Board discussed upcoming master plan work and new state flood rules that could raise base flood elevations and affect future design standards.120:18 ↗
AI-generated summary for convenience only. Not official municipal minutes. Verify against the source video.
Topics with timestamps
Annual appointments & minutes
1:38Board approved January 8 minutes and completed 2026 appointments (chair/vice chair, administrator, professionals, and subcommittees).
206 N. Madison (V2 Properties) use variance
3:08Applicant sought and received a D (use) variance to build a two‑family dwelling in the WSD zone; rooftop deck/roof‑pitch variances were removed prior to voting.
106 N. Argyle porch roof (Erl/Erlick)
21:20C‑variance for front/side porch setbacks to replace an awning with a hard porch roof; board approved with routine conditions (one board member opposed).
3 N. Franklin (Adler) single‑family rebuild
35:02C‑variance approval for combined sideyard setback (11' provided vs. 12.95' required); applicant agreed to modify plans to eliminate the building coverage variance as a condition.
Scottstock hot‑dog stand (9211 Amherst)
61:00Minor site plan waiver and C‑variance for sideyard setback (0.25' proposed vs. 4' required) approved for a seasonal retail food concession; flood anchoring and vents required.
Sunny's House of Donuts (7811 Ventner)
96:01Site plan waiver and variance for required parking (commercial use with zero on‑site spaces) approved to convert a residential building in the CBD to a takeout doughnut shop.
Decisions / votes
- 1:38Approved minutes of January 8, 2026 and annual planning board appointments (chair/vice chair, administrator, professionals, subcommittees).
- 18:18Granted D (use) variance for V2 Properties (206 N. Madison) to construct a two‑family dwelling (rooftop deck and roof‑pitch variances removed).
- 33:30Granted C‑variance for front/side porch setbacks at 106 N. Argyle to replace a canvas awning with a hard roof (approved 8‑1).
- 56:24Approved C‑variance for combined sideyard setback at 3 N. Franklin (Adler) with condition that applicant modify plans to make building coverage conform (remove coverage variance).
- 94:30Approved minor site plan waiver and sideyard setback variance for Scottstock (9211 Amherst) to operate a seasonal hot‑dog/retail food stand (flood anchoring/venting to be required).
- 115:46Approved site plan waiver and parking variance for Sunny's House of Donuts (7811 Ventner) to operate a takeout doughnut shop in the CBD (no on‑site parking provided).
Public comment
Strong community support for Scottstock; multiple residents (including a long‑time former employee and the local business association president) urged approval and emphasized Scottstock's local importance and history.
Resident Pete Brightinger and others testified in favor of preserving Scottstock and its services for fishermen and the neighborhood.
Ed Burger (Marley Business Association president) spoke in support of Scottstock and the proposed concession, highlighting the business's community role and need for seasonal revenue.
Supportive public comment for Sunny's Donuts, with a resident praising the conversion of a residential building back to commercial and the return of a long‑time local operator.
One resident questioned the porch extension at 106 N. Argyle regarding drainage and proximity to the sidewalk; applicant and engineer explained existing landscape strip will handle runoff.
Transcript (22,329 words)
Yep. All right. Um, we're going to get going. We're going to do a flag salute. >> I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. [laughter] >> [clears throat] >> Roll call. >> Michael Richmond >> here. >> Michael Richmond >> here. >> Rich Patterson >> here. >> John Pittz >> here. >> Dan Adams >> here. >> Craig Palmisano. >> Rich Tulsen >> here. >> Johanna Perski >> here. >> Herb Pagno >> here. >> Steve Joki >> here. >> Drew Campbell >> here. Sam Freriedman >> here. >> Patty Rosenberg. >> Okay. This meeting is being held in accordance with the New Jersey Open Public Meetings Act. Notice has been advertised in the press and posted in the municipal building and on the city's website. Applicants are advised that if your application is approved this evening, please come forward at the conclusion of your case and approach the board administrator PAMA to sign a form outlining the process for obtaining any required building permits and/or merkantale licenses. Members of the public wishing to speak during any case must wait for the chairman to open the floor for public comment. All speakers will be sworn in by the board solicitor and must state their name and address for the record. Okay. And then um I hear a motion to approve the minutes of the meeting of January 8th, 2026. >> I'll make that motion. >> Second. >> All in favor? >> I. Approval of decisions and resolutions number three 2026 election of chairperson and vice chairperson for the planning board of the city of Morgate for the calendar year 2026. >> Do I hear a motion? >> Motion. >> Second. >> All in favor? >> Number four, 2026. Appointment of the administrator and professionals for the planning board of the city of Margate for the calendar year 2026. Do I hear a motion? Move. >> Second. >> All in favor? >> I. >> Number five, appointment number five, 2026, appointment of minor subdivision committee, site plan subcommittee, ordinance review subcommittee, and the master plan subcommittee for the planning board of the city of Morgate for the calendar year of 2026. Do I hear a motion? >> Second. >> All in favor? >> I Okay. All righty. Um, our first case is V2 Properties Entity 7 LLC, 206 North Madison Avenue, block 430, lot 504, zone WSD. Request use variance D variance relief to allow construction of a two family dwelling. Status current on taxes, water, and sewer. Proof of notice provided. Attorney Avery S. is it Tyler? Titler. >> Titler. >> Thank you, sir. For the record, Avery Titler here on behalf of the applicant. As you mentioned, it's the application of V2 properties entity is the owner of the property at 206 North Madison Avenue. It's known as lot 504 in block 430. Property is an oversized interior lot. It measures 50 ft by 125 ft. It's located in the WSD zone. The applicant's here tonight seeking a use variance to construct a new two family residential dwelling on the property. >> Avery, I don't want to interrupt you, but since it's a devariance, the uh mayor's design is going to recuse himself. I just want to put that on the record. He'll sit in the first row. Are you okay? You're step first row. Okay. For this one, Dan. Dan's okay. The class three member is not here. Uh Dan is a class two member. You're okay. Uh, I didn't mean to kill your train of thought. So, >> that's all right. Appreciate Leo. Uh, as I was saying, the the applicants here tonight for use variance and use variance only. The relief sought for rooftop deck has been eliminated as is the roof pitch variance. So, this is a straight use variance application. Uh, as I mentioned before, use variance is required because in this zone, even though residential uses are permitted, as you know, they must be above a commercial use. Your solicitor will advise you that the standard for determining whether a use variance is appropriate, is whether the use will serve the general welfare because the site's particularly suited for the proposed use, which would be the positive criteria and whether the variance be granted without substantial detriment to the public good without substantially impairing the intent and purpose of the zone plan or zoning ordinance, which is the negative criteria. The testimony and evidence that we're about to present tonight will show that a majority of the block consists of primarily residential uses. If approved, the resulting residential use will be in conformity and continuity with the residential nature of the block and the area. The proposed building will provide a significant aesthetic improvement to the neighborhood and pro general welfare by providing a two a new two family dwelling on the property which already contains two principal structures, two residential principal structures on the lot. Our application will provide a level of uniformity and maintain the character of the neighborhood. As a result, testimony and evidence will indicate the property is particularly suited for the proposed use. The negative criteria will indicate that there is no substantial detriment to the public good and many benefits that will be presented and granting the variance will not impair the intent and purpose of the zone plan and zoning ordinance in light of the fact that residential uses are permitted in this zone. I understand Mr. McCarnner wants to go through his report and then I will have Mr. Beol provide some testimony. Is that okay, Mr. Chairman? >> Yes. >> Okay, sure. I'll get Mr. McLaren sworn in. Uh Mr. McLaren, do you swear I affirm the testimony you'll give throughout this evening will be the truth? >> I do. >> Okay. Thanks. >> Thank you board chairman, board members. Report is based on the application that Mr. Per just introduced to the board and uh again my discussion with the architect this morning was they are removing the rooftop deck and which would create the uh eliminate the minimum roof [snorts] pitch variance. So the only variance that they need is a D variance for conditional use where the commission is that residential use must be above commercial use in this particular zone. However, the existing site hosts two separate single family homes which is permitted and they were well under the density. So now they they're going to build one flood compliant structure instead of having two separate non flood compliant structures in one lot and they're meeting all the requirements of the zone except for the technicality of not having commercial use below. And again there is no commercial use at the site today. Just go over a couple items is the uh lot area is 4,400 ft is the minimum required. This site offers 6250 square ft. Minimum lot width is 50 feet and they provide 50 feet. Lot depth is not a requirement. However, I do want to point out that the depth is 125 ft. They meet all the other requirements for front yard setbacks, sideyard setbacks, combined sideyard setbacks, rear yard setback. Building coverage, they're way under what's permitted to be in the zone. Uh building height, there are two stories above parking where they can go two and a half if they chose to. They're well under F. And again as I mentioned that the rooftop deck and it's considered a rooftop deck because there is no third floor. That deck is above any habitable space and landscape coverage meets all the requirements. Off street parking meets all the requirements. Parking space sizes. They're they're proposing two separate pools. They both comply with every uh all the aspects of the city's ordinance. And page two are the plans that were reviewed to generate this report. No waiverss have been requested. It's simply a a use variance for not having commercial below. So I that's all I have to say this time. Thank you. Can I Mr. Be told sworn in project architect and professional planner? >> Sure. Mr. Beal, just give us uh your name and business address for the record, please. Uh, Andrew Beckl, 599 Shore Road, Summers Point, New Jersey 08244. >> And please raise your right hand. Do you swear affirm the testimony you'll give this evening will be the truth? >> It is. Yes. >> And you're an architect and planner in the state of New Jersey. Yes, sir. >> You've appeared before this board numerous times. >> Uh, Mr. Chairman, we'll accept his credentials. >> Yes. >> Thank you, Mr. Be. Can you provide the board an overview of the application, please? >> Uh, yes. We propose to remove the two existing uh non- flood complying structures and create one single structure that has two units in them. Um the building will be taller to comply with flood uh but it will be now condensed onto lot match all setback requirements and height requirements. >> So let's discuss the variance that we need to accomplish this. It's just a straight use variance. Is that correct? >> That is correct. >> And you heard Mr. McLaren go through the application. You agree with his representations? >> Absolutely. The other thing that's interesting to note here is if you had a commercial property underneath this, be very difficult to have any kind of parking on site whatsoever because of the it's 50 ft wide, but you'd still have to have some kind of car park in the back of the building in some way somehow. Um, which would compromise the the commercial structure. It would be kind of difficult to have the commercial structure with all the compliant parking that would be required. >> And we've removed the request for a rooftop deck and therefore that's gone. So that eliminates variance and then also our roof pitch is going to be compliant. >> Yes, that's actually what these exhibits are. This is basically the modified drawings which you already have which would have been the [clears throat] elevation sheets and plan sheets and we've simply removed the rooftop deck from this and removed the um access to rooftop which is a non-compliant roof that is not [clears throat] >> Leo we probably should mark that in >> we can call that that's that's your submission >> that's exhibit one excuse me exhibit two and exhibit one was for plans where we simply removed on the roof plan the roof top >> okay perfect thank you so variance that's being sought use variance. Correct. >> That is correct. >> All right. And we've said this, Mr. McCarn said this. Residential uses are permitted in the zone. However, it needs to be above a commercial use. Is that correct? >> That is correct. >> All right. Can you provide the board uh just some color regarding the surrounding block statistics? >> The entire block is pretty much residential. Um there's a parking lot directly behind us that Steve Oh, it's across the street from Stephven Cookies restaurant. Uh, but basically everything around this is elevated multif family structures of some kind. Duplexes, single, well a few singles, but mostly duplex. >> That was my other question. There's there's other two family residential dwellings on this block. >> Yes. Yes. But really no commercial. [snorts] >> So it would be your testimony. It's predominantly a residential area. >> Yes, this block is predominantly residential with the exception of the parking lot behind. So based upon the fact that uh it's predominantly a residential area and it the lot actually has two residential uses on it. Would you agree that the property is particularly suited for what we're proposing here tonight? >> Absolutely. Yes. >> All right. And you've designed this building in such a fashion that it's below the maximum threshold for many bulk criteria. >> Yes. >> Let's go through some of them. Front yard setbacks less than what could be required or less? >> It's greater than it's greater than what is required. Yes. >> Yes. Same thing with the rear yard setback. >> Correct. Yes. >> Building coverage is less than the maximum. >> Yes. It is less than maximum. >> Flurry ratio. Yes. >> All right. Anything else I'm missing >> combined? And you said sides. So, yes. All >> And then also I think there was a total story too. I think we could have another half story. >> Could have another half story, but again with the height that we had uh even with where the floor is supposed to be, we really could accommodate the half story and we didn't think it was prudent. There weren't many other halfstory structures in the area. >> Okay. So, will the construction of this two family dwelling preserve the present character of the neighborhood as being residential? Oh, >> we believe so. Yes. And you you feel from a planning standpoint this would be a benefit to the public good? >> Yes. >> All right. We talk about the public good. We're talking about surrounding property >> owners and neighbors. >> It's it's it's cohesive with the rest of the neighborhood in the area. That's primarily multif family homes. >> All right. So in your professional opinion the positive criteria satisfied to the use of errands may be granted. >> Yes. And let's talk about some of the um purpose of municipal land use law that are being advanced which would uh qualifies for special reasons. We're preserving the residential character of the neighborhood which you just mentioned. Correct. >> Yes. >> The bulk standards are well below the maximum. >> Yes. >> All right. You're removing a non-conforming two non-conforming structures on the property that are non-conforming for bulk criteria. Is that correct? >> All criteria and flood criteria which is important. and [clears throat] um non-conforming use having two principal structures in one line. >> Again, as McLaren said, you can kind of have that. So again, you know, we're we're certainly removing [snorts] the two that were on there, which I'm sure would cause some logistical issues as far as like how who owns what and how it's owned >> and the aesthetics. It's it's a much better aesthetically looking. >> Again, we believe we've improved the desirable visual environment and also getting out of flood I think is very important. >> Okay. Can you think of a substantial detriment to the public good by granting the application? No. Again, this is primarily two family homes in this block. There's really no commercial corridor in this area. >> That goes to my next question. As far as will there be a substantial impairment to the intent purpose of the zone plan zoning ordinance? >> I see none. Again, this this area is primarily residential >> and residential uses are permitted in this zone which which even in further advances your answer. Would that be correct? >> Yes. >> Those are all the questions I have for Mr. Be the applicant rest for the moment. do want to add a couple things, a couple comments to that. >> In the WSD, as in the CBD and C1 and C2, if you're going to add the residential element to it, single family homes, you have to abide by the multif family standards, which they do. And actually, the zoning border is on the south side of that property. So, that's why it reflects mainly multif family in that area because it is you step over 5t, you're in a multif family zone. So I just want to point out that the criteria used was a MF zone criteria and that was required and uh [clears throat] that's what they did. So >> yeah, >> anybody from the board questions or comments? >> Uh yeah, I have a question. >> Um I looked over your prince. What kind of storage space do you have for things like bicycles, surfboards, beach chairs? The garage is actually wider than the parking spaces. So, we'll have room along the side of the garage. Uh there also, especially when you see around the elevator, the the right hand side, the west side of the garage. And then actually side of the garage. Again, you have the wide section along the sides. Remember, most nobody's really driving a 9 by 18 bar. So, you're going to have a lot of space with these vehicles and they're incredibly long spaces. Nobody. You're going to unless you're driving an extended cab truck, you're pretty much going to have lots and lots. >> Well, that's a concern because, you know, a lot of times people are not using their car garages for cars [snorts] here. Have to store all their stuff in it. Understood. But again, there's significant lift in these garages. The garage are approximately 16 ft wide and the car is only it's only 9 ft. So, you're going to have 7 ft of space on each side. Well, on either side in total, you have >> supposed to be good at math. Andrew. >> Okay. Anyone else from the board? Anyone from the public like to speak? Okay. Public portion's closed. Unless the [clears throat] board has anything and and Mr. Tyler wants to sum up, um, we can we can go move this to a vote. >> I think it's a very straightforward application. Um, I think the testimony evidence indicates the property is particularly suited for the proposed use. As it is now, the property contains two residential uses. What we're trying to do is take two uh non-conforming structures, put it into a conforming structure that's more aesthetically pleasing out of the flood plane and uh just do something very nice for the area. So for those reasons, I think the board has enough testimony and evidence to grant the application. Thank you. >> All right. Um this is a se seven members will vote on this application because it is a Dvarian. That's the only variance that's required. It requires five out of seven a super majority to pass. Um use variance standard is you can you have to set forth positive reasons which the applicant went through as far as the the purposes of zoning that are advanced. And then there's a an element of site suitability. Is this property particularly well suited for the proposed uh two family use? And then the negative criteria as with every every other application is is there substantial detriment to the public good or substantial substantial detriment to the zone plan or zoning ordinance. So unless there's any other questions, it's just for use variance approval. And we'll need a motion, a second, and a roll call vote. Second. >> Okay. >> Michael Richmond. >> Yeah. I I really think it's much better for the neighborhood to make this a residential commercial. Like you said, I don't know where people would park. I'm I'm actually kind of surprised and shocked that this area was in that zone. I'm sure we're going to have a a a master plan review in a a year or so and I think that's one of the first things we'll change. So I I I definitely think it's good for the neighborhood and the city and I'm going to approve it. >> Rich Patterson. >> Uh I also approve it's it's what they're doing is is the most suitable thing for the area. So I approve. >> Dan Adams. >> Yeah, I'm going to echo their comments. um in looking at what is in the area already and what you're building, it it really fits the area and really goes with it. And you're taking two non-conforming and non, you know, uh floodprone home or I should say floodprone homes and making this elevated and making it uh a much safer and better structure. For that matter, I will approve. Thank you, >> Rich Tullson. for all the a wrong word counselor help me out I'm hanging >> a forementioned >> affformentioned thank you um statements that have made I go along with this um but in addition I want to add that there were two variances that may have been requested of the original plan that have been adjusted um and for [clears throat] that I vote in favor that was the easy >> Johanna Perski >> uh I agree with uh a comment. [snorts] I was also surprised that this would actually be that this was a mixed use and I think this is a much better fit for women >> heragna. >> I'll agree with the other members. Nice enhancement to the neighborhood. [snorts] >> Drew Campbell >> with everybody else. [clears throat] Win-win >> for the city, for the neighborhood, and uh for the flood insurance companies. So, uh I approve. >> Thank you very much. >> Motion carries. Seven in favor and zero opposed. >> Okay. Our next case is Charles and Ireina Erlic. Eric, 106 North Argyle Avenue, block 302.01, 01 lot 17 zone S25 request C variance relief for front yard setback to extend the front porch and add a porch roof status current on taxes and silver proof of notice provided the attorneys Christopher Balson >> I'm going to go first I'll let him get settled Okay. >> Okay. [snorts] >> Thank you, board chairman, board members. This is a report based on the application of Charles and Ireina Erlick at 106 North Avenue, block 302.01, lot 17 located in S25 zoning district. Uh CC variance is planning and zoning report. This is not a hardship variance, but it's a substantial benefit variance. So they do want to they have an existing front porch with an awning. They basically want to replace the canvas awning with a hard roof. So this generates two report uh two variances on section page two on my report highlighted are the two variances and on page three the variances listed are incorrect. Uh that's when I must have gotten three phone calls but uh front yard setback to the port truth whereas the minimum required front yard setback is 10 ft. One foot exists and 0 foot 0t is proposed. [clears throat] Also in in tangent with that is the [snorts] sideyard setback to the porch on the right side. Uh 8 ft's required 4.3 ft exists and 4.3 ft is is proposed. They are the two variances. Again, it's an existing non-conforming lot. Typical with these older homes, especially in this area where the lot coverage is way over, the building coverage is way over. It's a lot of house and a small lot, but that's not why they're here. They're here for the front yard porch and the roof. So, that concludes my report at this time. >> Thank you, Mr. Chairman, members of the board. My name is Chris Ellen. I represent [snorts] Irma Erl and your husband >> Charles. and husband Charles with protecting their property 106 North Argal Avenue. It's a nice little Cape Cod one and a half story. Um what the Elix would like to do simply is to bring their porch more toward the side of the house by about 2 ft but leaving leaving I think a couple feet. So it'll be a setback of 4.3 still and bring and and install a roof bring that down as well. Um the issue that Roger brings up is with respect to the roof being coming to the property line and the drainage. All I can say is there's about a 3-ft bed there that extends across the front of the house before you get to the sidewalk where that can drain to. And it's and that condition replicates itself on each side of this house. So it's it's consistent with with the house with the houses on both sides. So the variances, as Roger pointed out, is for the sideyard setback for the porch and the roof and the front yard set back for the porch of the roof. Um John Barnhart did the plan testify with respect to the variances. >> All right, Mr. Barnhart, just your name and business [clears throat] address, please. >> John Barnhard, uh, 400 North Avenue. [clears throat] >> Okay. Please raise your right hand. You swear affirm the testimony you'll give this evening will be the truth. >> I do. >> Engineer and planner in the state of New Jersey. Correct. We'll accept his credentials. >> Thank you, >> John. You prepared the plan that's been submitted to the board for their consideration? >> Yes, we did. >> And um spoke with the earlings and understand what they wanted to do and what you've accomplished with that plan and what's proposed. >> Yeah, that's correct. >> Tell the board what's going on. >> Sure. So, obviously, as Chris has described already, it's a it's a pretty simple application um that we think fits in really very well with the neighborhood and and most specifically the properties on either side of this house. Um so, the Elix property um it is a conforming lot for the district. They have a uh it's a one and a half story very modest uh size house with regard to its uh appearance from the street. Um, and they have a an existing an existing porch along the front that's 1 foot from the front property line as it exists today. And it has a an an awning, a retractable canopy that goes over top of that uh that existing porch. Um, over the years they they've struggled to maintain the maintain the canopy, the awning. Um, it's just become, you know, it's become something that they they they would like to make the property more [snorts] aesthetically pleasing with a hard roof structure. um and also have it um be more realistically used um as compared to a retractable awning. So, and if you look at the layout of their of their lot and their and their existing building, this front porch really is their only outdoor living space uh that's meaningful in any way. So, what they what they're proposing to do um is to reconstruct the porch. Um they are they are far as expanded slightly. Um I'll say to the north um we still have a 4.3 foot step bracket which is two feet clear of the existing sidewall at home at 2.3 ft. Um and then the um the hard roof structure would would cover that porch. Um, and we did a schematic uh you can see here that would come off of the existing roof uh and [snorts] cover that porch area and just have a slight uh 12 inch overhang just from an aesthetic perspective as compared to where the columns for the porch would sit. Um, so the porch itself in position will match the 1t that exists today. Um, the overhang would project another 12 in or so will be at the property line. >> And John, we've talked about the fact that there's a one foot setback. porch pulling it back. But when you factor in the the columns at the edge of the porch edge of the porch, you just have to cut the roof off right there. Aesthetically that would look >> you could cut the roof off right there, but aesthetically I think it would look you [clears throat] have to move the columns back and you'd be reducing the depth of the porch. And as I said, um it's really the only the only meaningful exterior living space that they have >> from a functional purpose and a usability point. That's better design. >> Correct. Correct. So this is a case of you know obviously if this was brand new construction we would not even be considering an application like this. Um we would be meeting meeting minimum setbacks try but if you look at the setbacks on either side of this property and how those properties are developed and really if you go down the block this is a block that has a lot of very very very very small frontier setbacks. um property to the north uh as you visit the site, a two and a half story structure. You can see here in in our survey that we picked up the stairs and and the porch of that structure um which is nearly in line with with our porch now. Maybe it's maybe it's another six back further. What the survey doesn't show if you were to visit this house is that when you get beyond this porch, there's actually two stories of hard building uh within that same plane >> on the on the line. Same on the same line. >> That's correct. That's correct. When you go to the what I'm going to call to the south or plan south, you see that the line of that building next to us is is nearly identical. However, what you're not seeing is that there's actually a porch off of that house with almost the identical roof that we are proposing over that porch. So, if you did visit the site, you and you were standing in front of standing in front of our house and you look to your left, that shed roof that is on that porch is very similar and and frankly what gave our client the idea to be able to do it. Um, I think it'll create a really nice nice aesthetic appeal. Um, and really has no negative impact to this neighborhood. >> One of the things what the thing that makes this work at this location is the the rightway that's available between the edge of sidewalk and the house. >> Yeah. So, the way this the way this site exists, as Chris already mentioned, there's about a three-foot landscape area in front of the porch. Although if you went there today, you didn't see it because of the snow. But um there is actually a perceived area of land between the back of sidewalk and the front of the porch um that looks like it's part of the lot. >> It's not perceived. It is it is land. It's there. >> Correct. So, and as Chris mentioned, although we are requesting to go to the property line with the uh with the roof overhang, um the plan would be to have um downspouts at the corners of the new roof that would basically go right down into that landscape area and would actually help support the landscaping because it's a small area, but um it would direct rain water into that area to help support the landscaping. >> And that's the only landscaping that would that serves the property, so to speak. >> It it does. That's correct. um with respect to the variance and justification under the positive criteria in the land use act. Do you think that the plan um addresses any of those purposes? >> Yeah. So I think that this that this application may uh creates a uh a more aesthetic or envir or positive visual environment um by being creative uh with what they have to work with. Um there's not a lot of opportunity to make a lot of changes on this on this property because of how the house sits. Um there's not a lot of space on this lot. Um, but it will create it will create an aesthetic that really goes with the neighborhood and then obviously serves a function for our client. >> Do you think the variance can be granted without substantial det without substantially impairing the intent purpose of the zone plan zoning ordinance? Yes, with regard to the zone flare zoning ordinance, as I mentioned, if this was new construction, we certainly wouldn't be looking at an application like this, but um keeping a modestly sized home on this block, trying to make it better, trying to make it nicer, trying to make it useful for the people that live within it and doing it in a manner that matches or or very nearly matches what our neighbors have on either side. And if you go down the block further, as I mentioned in the beginning of my testimonial, there's many homes that are very close to the property line uh on Avenue. So, this is very consistent with the development pattern. Um, so for those reasons, we do not believe there's a substantial detriment for the public good. Uh, nor is there a substantial detriment to the zone. >> What's the uh length of the forge extension? Just a couple feet. >> Um, it's about >> Yeah, maybe. >> That's all I have, John. Thank you. That's all I have. Thank you. [clears throat] >> Okay. Anyone from the board? >> Nope. Anyone from the public? Um so okay the uh awning that's existing >> track >> right so what is what's the issue with that awning >> what's the issue with that >> wind and it's not wind and sun the wind it's not very sturdy and the sun protection is marginal >> functionally it doesn't it doesn't serve its purpose >> okay Um, so I don't see any type of I guess I guess you could pick it up from the um I didn't see a front elevation of what the um roof's going to look like. >> Exactly like next door. >> Huh? >> Exactly like next door. I have a picture of it. The same same roof as next door. >> So they have that next door. >> Exact same thing. >> Okay. >> 104. That's the same exact >> do they? Y >> Okay. I I looked I saw the house on the north side where the steps stick out and all that stuff. I didn't see. >> Okay. Um, all right. I don't have anything else. >> Okay. >> All right. If there's no other questions there, it's a C, this is a C variance application. >> I think we opened and closed, right? >> Um, it's a C variance variance application. There's two variances. It's the front yard setback to the to the porch which is now going to be covered. Comes to the property line zero. So 0 feet or 10 ft required. And then the sideyard set back to the porch to the to the porch edge or roof on the right side. 8 ft required and 4.3 ft is proposed. In terms of conditions, just our normal standard ones. Anything in Mr. McCclar's report? Any representations the applicant will comply with subject to any outside approvals? Just the standard ones. >> I'll make that motion. second. >> Mike Richmond. >> Um, actually seeing the picture of the next door neighbor's roof, um, I think that, um, it I don't see any I think it look would look better than doing a the retractable awning or even a canvas awning. Um, they don't it's not a big house. They don't have like a lot of outdoor living space. It's not, you know, like Roger said, it's not their fault that the house was built in 1942 and, you know, they they did things differently then. So, I don't see an issue with it. I want to approve it. >> Rich Patterson. >> Yeah. I was concerned about going to the property line and being on the public right away until I went and visited the site today and saw if there's any runoff, it's dripping right into the bushes, which is a good thing. Uh, so I don't see any detriment. I think it's an improvement to the neighborhood. I approve. >> Dan Adams. >> Yeah. You know, my only first part when it said that it was getting extended, but it's only going 3 ft and it's on that side and it doesn't go beyond the house and still gives plenty of area. Um, I agree. Looking at the structure next door and looking at this, it'll be an improvement to the home. It'll make the neighborhood look more aesthetically pleasing. And for that matter, I I find no objection to it. I vote yes. >> Rich Tollson. >> I vote in favor. >> Johanna Perski. >> Um I think it's an enhancement to the house and it's a very nice street and I think it will definitely continue to add to the character as well. I approve >> heragno. I agree with the other members to make it your outdoor space more permanent be a nice addition. >> Drew Campbell. [clears throat] >> I agree with the fellow board members. >> Steve Joki. >> Uh yeah, I agree also. I believe it's an improvement to the neighborhood and um I like the idea that you're going to overhang it is it is it is aesthetically pleasing. So I I approve >> John Pittz. >> Um in my opinion granting the variance negatively impacts light air and open space in an area where it's already sorely lacking. Uh I think the variance um benefits only the homeowner and I vote no. Motion carries with eight in favor and one opposed. >> Thank you very much. >> You're welcome. >> Our next case is Samuel and Jamie Adler, 3 North Franklin Avenue, block 207.01, 01 lock 4 zone S25 requesting a C variance relief for sideyard setbacks and building coverage to allow construction of a new single family home. Current on taxes, water and sewer proof of notice provided the attorneys Christopher Balance. >> Thank you board chairman, board members. The report is based on the application Samuel and Jamie Adler 3 North Franklin Avenue block 207.01 01 lot 4 located in S25 zoning district so you can see variances uh planning zoning report minimum first floor elevation is uh 13 ft or if they put parking below they're now 30 ft above 9 ft team complete substantial benefit variance background is as follows the applicant is seeking relief to cons uh construct a new flood compliant single family structure within the S25 single family zoning district lot width is 35 ft wide whereas 40 ft is required minimum so it's an existing non-conforming condition combined side setbacks are not being met therefore a variance is required for that as well also the building coverage exceeds what it permitted even though smaller lots already get a higher percentage allowance a survey is required that survey has been submitted and approved page two of the report is the zoning chart lot minimum lot error for S25 5 is 2500 ft. They're just shy at 2300 62.5 ft. Minimum lot width is 40 ft. They're at 35 ft. Lot depth is not required, but the they do provide 67 1/2 ft, which is typical of that area. Also, the 35 foot lot width is typical this whole area as well. So again, there's three variances identified in the report. One is the combined sideyard setbacks. They need 12.95 ft. They're 11 feet. Building coverage required is a maximum of 40% which is 945 ft. They're asking for 45% which is uh 1,62.69 ft. And the third one is the fireplace projection and the setback. Populace projections are not allowed in the sideyard setback unless it's a minimum of 7 ft and they only have six feet. So that's a varance as well. >> It's gone. >> Fireplace all the way down. >> But the fireplace is not projected out. >> It's gone. Okay. >> Off the plan. >> That's good. So that's pretty much it. >> Board members. Thank you. Chris Bson for the Adlers who are here. Um the property is at 3 North Franklin Avenue. It's the it's block 207.01 lot 4. It's 35 ft lot uh in a in a zone that requires 40 ft of furniture. It's in the S25 zone. And the um others bought this house which you see has since been demolished because it was mold ridden and dilapidated and the systems were non-compliant. It was non-food compliant and um it was an Airbnb routinely and when these guys looked at it they bought it but they took it down right away for fear that something somebody get hurt just a crappy little house that's what it was. So, it it that came down and now they're proposed to build a brand new two-story home, two stories over parking. Uh, two and a half are permitted, but not over parking. They're going to stay at two stories, about 2,000 ft total. Um, the variances that are being requested and the [clears throat] plan is modified slightly. You'll see that instead of six and five on the lefth hand side, it's going to be six all the way down, five on the right in the parking lot side. So, it's 11 ft where where 12.95 is required. So it's about about 1.9 ft total sideyard. Both both sideyards meet the minimum sideyard requirement. In fact, the left sideard exceeds it at six. Um by compressing the house to try and do as best you can with the sideyard, the footprint expands. That's where the additional coverage comes in. Um we don't think that's exorbitant. We think in exchange for the twostory design that five additional 5% of coverage is helpful to to have a a house that is small but up to today's standards in terms of have a livable space and and circulation things of that nature. Um as Roger said it really only takes you from about 980 ft to a little over 1,000 square feet per floor. Um but as Scott will tell you the architect it is the designer. Um it makes a difference in the house. Uh Scott Narring is the designer and drafts person uh for the project out of Jack's office. Sorry. >> Uh Holiday Architect. >> Holiday Architects. Uh this gentleman, what's your name? >> Jason P. >> Jason is a licensed architect. These guys work together. Scott's been there for 30 plus years. He's a partner in the firm and uh drafted the plan and designed the project. >> Scott, introduce yourself and do do give the board the benefit of your your background experience. >> Sure. My name is Scott Nering. Um I run the team. We're just going to get you sworn in real quick. It's Scott Naring. How do you spell that? >> N H R I N G. >> You want want to have um just Jason? Is it Jason? >> Um as well just to just for the record. >> Yeah, sure. Jason Patchel P A T C H E L >> P A T C H E L. And you're with Holiday Architects in Ocean City? Holiday Architect in >> How about that? >> Yeah. Um where's Holiday Arc? Just what's your business address? >> Uh so Brigant, we have two offices. One in Medford, New Jersey. Uh that's 30 Jackson Road in Medford. >> I have an office in Brigantine, which is 3212 Atlantic Brigantine Boulevard. >> Okay. And if the two of you can each raise your right hand, each swear the testimony you'll give this evening will be the truth. >> Yes. Yes. >> And Mr. Pel, you're a licensed architect and and and Mr. Naring, you're more of a drafts person. Is that am I saying that correct? >> A partner in the firm. Uh I have 35 years experience. Um I I testified in front of Brigantine probably half a dozen times in the past year uh and many other boards in the South Troy area. >> And you were responsible for designing this house for the >> That's correct. >> Under the under the control under the opices of of the architect. >> Gotcha. um accept this qualification simply as a desire or as a drafts person, not as an architect, not as a licensed architect, planner or engineer. >> Right. But you're >> this gentleman is is here for backup architectural lure if we need it. >> Right. >> But Scott really know Scott knows the plan, >> right? Okay. So, you're a licensed architect, >> correct? I'm a licensed architect. Good >> accept. >> Yeah, absolutely. >> Thanks, >> Scott. Um you heard my introduction. Um tell me start start with the when the Adlers came to you told you what they had told you about the lot um and what you ended up designing and the variances that were asked with. >> Sure. So uh actually when the Adlers came to me they already had a house designed on the lot that's much larger. Um so we've since [clears throat] shrank the house >> working with their lawyers who the house downsized. Yeah, we had to we downsized it considerably from the original plan that they had designed. Uh we took over the plan and thought we came up with a very good design that fit fit the neighborhood, didn't overbuild on the lot. Um >> what is the design from? >> So the design well if you don't mind >> uh well I'll go into the new house. So the new house is about 272 square ft. Uh it's flood compliant. It's going to be built above a garage, two stories above the garage. Um, right now the house is 24 foot wide. We are going to eliminate the fireplace. So that alleviates the one variance that we're requesting. So >> on the plan it looks as the house actually bumps out to a 5ft setback for a portion on that left side that comes off >> just at the fireplace. >> Understood? >> Yes. >> But that that comes off from that wall the left wall all the way down to be a six foot setback. >> Yeah. for the majority of it. So the the the house itself does uh jog in the back of the house. So the six foot setback is probably for the first let's say half of the house and then it jogs back another 8 in after that towards the rear >> jogs back out or in >> out >> or in farther. So it's going to give us 6 foot >> six foot hook >> at the back of the house. I was going to say we're going to change that. [laughter] >> But yes, the the fireplace is eliminated. Uh the house itself is 272 square ft. It's four bedrooms, three baths. Um [clears throat] max building height is only 27.08 ft as a or below the requirement uh by about 3 ft. >> It's over your first floor, right? >> I'm sorry. >> Over your first floor. 27 ft over your first floor. >> That That's correct. Yes. Um so where 30 foot's allowed so we are not maximizing the building height. Um again the left side of the house will have a minimum of 6 ft for the entire length. On the right side which is the parking lot side we will have 5 ft. Um so it gives us a total of sideyard of 11 ft. Um where 12.95 is required. Um front yard um just to correct the uh front yard setback was 15 ft prevailing. We're providing 15 ft then 18.5 ft at the parking spot. Um the existing house did not have the um the parking as per RSIS. >> Yeah, it did didn't have any parking, did it? >> It did have a driveway, but it was it was 7 and 1/2 ft. >> Had no fly parking, >> right? So, um, now we are going to have a space in the front, a space in the garage, which will be an oversized onecar garage, not a full twocar garage. [clears throat] Um, >> and that set back on the left side that improves from about what was about 2 and 1/2 ft down 6 ft. >> Yeah. So, on the original house before it was torn down, it was 2.8 ft off of that side h of the house. So, now we will have a minimum of 6 ft along that side of the house. Uh on the other side of the house it was 7.93. Um so we'll be a little bit closer to the parking lot side on that side >> but but conforming to the minimum standard. >> Correct. We do meet the minimum standard. >> So our coverage is about 5% over. Why is that and why do you think that's necessary? >> So typically and I think the intent of the ordinance with a 40ft lot that's required in that zone you could build a 25ft house that gives you >> 25 wide >> 25 foot wide house. Correct. And that gives you enough room um for ample or or not ample but um >> reasonable what reasonable thank you reasonable size rooms. Um our house is 24 ft wide. So it kind of gives us the minimum when you get two bedrooms alongside of each other. You don't want to get too small there. So the request for the larger for the decrease in the sideyard setbacks um and the increase in the building coverage is so that we don't have to go to a 22 foot wide house on a non-conforming lot. >> Let's talk about that for a second. What what you're I think what you're saying is that if we complied with the required setbacks, >> you have a house that's 22 22 ft wide. >> That's correct. >> When the zone allows for a house 25 ft wide, >> correct? >> If it were conform. Correct. >> We But we are we're not going we're not asking for the full 25. We we're asking for a house of 24 ft. In your opinion, from a design standpoint, that's a reasonable request, a reasonably reasonably wide house under today's housing standards? >> I believe so. >> Um so again, uh if we had to go to a 22 foot house, it's not really livable when you look at bedroom sizes less than they're going to be about 10 10 and 1/2 ft wide. So, it's it's more of a a livability issue. Um, I think this h this new house, even though it does have less of a sideyard does meet the intent. >> How how big are the bedrooms? >> The bedrooms are 11 ft wide, >> including the master bedroom. So, it's 11 ft wide, which is pretty minimum for if you provide a king bed in there. Well, when you when you have to compress the footprint from the width side tends to get longer and that's where your coverage gets picked up. Additional coverage. >> Yes. >> That still only gives you bedrooms of 11 by 10 11 x 12. >> They're they're on the smaller side. Um, you know, the house will be flood compliant. Um, which the old house was not. Um, I think overall it's a it's a good design. It's a reasonable design where we're not trying to overbuild on the lot. I I was It's a better appearing structure than what was there, especially when you coming into town and now you have the open parking lot. This is the first house you're going to see. >> That's correct. And there's a very similar house across the street that seems newer. Uh it's a full 2 and 1/2 story. It's not over a garage. They are building on the other corner. It looks like two stories over retail. Um so I think as far as height goes, I think we're we meld within the neighborhood as well. And you're aware that we um we have spoken to the neighbor we have spoken to the neighbor on the left. She's she's has no problem with the fact that her setback on that side's gone from 2 and 1/2 ft to six feet. Um but she didn't have an objection. And um do you think there's any detriment from a design standpoint uh to the neighborhood? >> I don't believe so. >> How about to the zoning ordinance, the zone plan the fact it's 35t lot? >> Again, I think we meet the intent. We we have the minimum sideyards. Uh we don't meet the the combined total but I I believe we meet the >> and the front yard set back at that's 15 feet the principal structure. >> That's correct. >> That's fairly significant front yard. >> Yes. Where the the old house was even closer. So the original house was off the front yard was only 14 ft and plus then the porch. Um, so I believe we're we're we're setting it back a little farther or to to conform with the uh block standards. >> That's all we have members of board. That that sums up the project. If anybody has any questions, the Adlers are here. Scott's here. Jason is here. >> So what what is the total overage on on the coverage? >> 5%. >> Huh? >> 5%. >> 4.98 if you want to be exact. Uh it's a it's >> What is the square footage? The square >> 2014 2,140, >> right? So, and what is >> So, the overage is about 110 square feet. >> 110 square. >> Yeah. 112. >> Okay. >> Roger. How much extra coverage do they have because it's a smaller lot? >> 5%. >> It's S25, right? >> Well, yeah. It's based on lots that are less than 30,000 ft. You get 40%. Right. greater than 3,000. It's a sliding scale. So 5,000 foot lot, you get 30%. >> And you said, >> so 40% is the max. You get 45% in MF zone. So yeah, you're about 117 square ft over what you're allowed to do. [clears throat] >> If you met this combined sideyard setbacks, you'd be almost there. >> If what, Roger, I'm sorry. >> If you met the combined sideyard setbacks, you'd be almost at the point. If we if we shorten the house up, we we probably make coverage comply as well, >> right? But then you mean to combine side setback 22 ft wide, right? >> Doesn't work. I I could shorten the house up. >> You know, we hear these arguments on 25T lots. I'm just surprised to hear these arguments on a 35t lot. You know, we want the smaller lots to have smaller houses. >> Understood. I just said I can shorten the house up and make comply from front to back. compress it. I would only ask I'm only asking for the setback variances in light of >> I have no problem with that. >> So that's a condition of the approval. We will truncate we'll make the house short shorter uh and bring it in bring make coverage comply. >> Yeah. I mean what's the problem with a setback on the parking lot side? I mean who cares? >> So I I don't have any problems fast forward to the minimum. I just had >> 22 24 White House is problematic problem. Um, we'll make coverage comply. We we'll tweak the house to make coverage comply. Right. >> Yes. Okay. >> Um, that's all I have. >> Uh, what's a retreat room? >> Uh, basically a secondary living area, TV area >> cuz this looks like it could be a fifth bedroom. >> It does not have a door or a closet on it. >> Always put one in. Well, you can always do a lot of things, but it's meant to be a secondary living space for the kids. [laughter] >> Yeah. >> Okay. Anybody else from the board? >> Steve. Steve. >> Um, if you're really concerned about that, we can make the master bedroom bigger, but I I you're allowed to have it kind of an allpurpose room, especially with kids. >> Yeah, I understand. >> It could be I mean, it could be a modified Sure. just trying to avoid a problem where somebody might want to >> and you're in a house where no there was no parking before now now at least you have to find parking >> that's that's what I'm saying I I felt the same thing about the the retreat room which is a new one but I also agree that especially with kids you know small house it's not like you know >> so I have a little >> personally I don't have a problem with keeping as a retriever [clears throat] >> so so I have a question these these young adults over here. Would that be their room? >> Past that time. I'm sorry. >> I think it's more intended to be kind of that TV playroom. My wife works from home as well. >> Right. Be in office. >> Let me let me introduce Sam Adler. >> All right. Mr. Adler, just state your name for the record, please. >> Uh Samuel Adler. Um >> Okay. And you're the owner of the property, obviously. >> Correct. >> Okay. Please raise your right hand. You swear affirm the testimony you're about to give will be the truth. >> I do. Okay. Thanks, >> Sam. Mr. Seci asked a question about the retreat room. What What was that? Who we didn't you didn't come up with that name. >> Um Yeah. So, I didn't come up with that name. Um for for two reasons. Um one >> giraffes may work from home. Um the second is for my kids. Uh my son's autistic, so we need space to spin on things, get sensory input, things like that. So, um that's part part of the deal there. Tell us about that house that existed before when you bought it, what it was like, and why it came down so >> quick. Um, we took one step in, a lot of lot of issues there. Um, was an Airbnb previously. Um, some mold issues. I just felt it was going to be a hazard to leave it there um as is. Um, we were planning on building. Um, so I decided to have it come down so it wasn't an issue going forward. >> And you you've had two architects on this job. >> Yeah, we've had some struggle some hiccups going forward. Um my builder initially had had that someone else that I just wasn't giving us um you know plans that I think would be pres presentable to you guys. Um and so um we went through a couple rounds of plans and uh it was a really frustrating ordeal. Um I basically then uh was introduced to SC uh Scott um and we moved on from there. >> Came a little bit closer to reality. >> Yes. Yeah. Yep. >> Um I hope that addresses questions. >> Uh so this will be a secondary. We live in Redbank up north or >> the microphone. I'm sorry. >> Oh, I'm sorry. Sorry. >> The [snorts] question was this will be a primary. >> So this will be secondary residence for us. Yeah. Um I like I said, I live up in in Redbank, but we spend quite a bit of time back and forth here. So >> thanks. >> Thank you. Okay. So we will modify the plan to make coverage compliant. Perfect. >> We just ask for the setbacks. >> Great. Anybody else? No. Anybody from the public? >> Public portions closed. >> Okay. It's a it's a C variance application. Um based on the testimony, the fireplace variance and the coverage variance are going to go away. I'll make those conditions of approval uh as well as all standard uh conditions. Anything in Mr. McCclar's report, any representations made during the course of the hearing subject outside approvals, but it's down to just the one variance um which is for the combined sideyard setbacks. They have a combined they they meet the minimum of five on each side, but the combined requirements 12.95 and they are at 11. So that's the one variance. We'll need a motion and a second. >> I'll make that motion. >> And just before we vote, I'll include and I'll note in the if approved that the existing non-conforming the lot area is undersizing the lot width. >> And that's included in the motion in the second. >> I'm just making sure you guys turn [clears throat] on your microphones when you vote. >> Okay. Mike Richmond. >> Okay. So, um the willingness to make the uh coverage conform is uh a good thing. Like Mr. Patterson said, who cares about the s the setback on the um parkway parkway uh parking lot side. Uh it's an improvement for the neighbor on the other side because she's getting more of a setback now. And I don't see any other issues with it. I'm going to it's a you know it's a 35 ft lot. So in my mind that's a little bit of a hardship. So uh I'm going to improve it. >> Rich Patterson. >> Yeah. I'd like to thank the applicant for complying with the building coverage. That's a that's a big issue. Um other than that I I have no problem with the sideyard setbacks. Just like Mike said, it's bigger on one side and the other side doesn't matter. So, I think it's a good plan and congratulations, >> Dan Adams. >> Yeah, I I agree. Um, I think it's nice that they agreed to uh keep the conforming size. Um, one of the things, you know, I want to add to is growing up with a family in in a 1300 foot house until we put an addition on, you need that space for your kids, and you really do. And that retreat room or office or whatever, it's something you need for your family and need growth. Um the fact that you kept it under the minimum too as far as the height, you could have gone about a little over two feet higher with the property and I think that's helping the neighbors as well for air and light space and because of that I approve >> Rich Tolson. >> The concerns that were identified in the original application have been met. It's an improvement to the neighborhood and we wish you all the best. Good luck. I approve. >> Johanna Perski, >> you're on. >> Um, I think you've made a lot of concessions to try your best to make this work. Um, it certainly isn't an easy lot to work with and I um I think this house is going to be beautiful. So, I approve. Herb Sagno, >> I agree with the other members with uh the concessions you made and the modifications you made for the lot. Uh so I approve. >> Drew Campbell, >> I agree with my um fellow board members and I appreciate the efforts you made. I know it can be frustrating >> [clears throat] >> um getting the right plans together and um making those concessions. So I do approve as well. >> Sam Freriedman. >> I also agree uh with my fellow board members uh and appreciate the concessions uh and the good faith effort made to comply with all uh with all other aspects. I approve and don't have a problem with setbacks. >> John Pit. >> Yeah. [clears throat] Margate ranks among the top municipalities in the state for non-permeable surface. We have to be doing everything we can in Margate to increase permeable surface, at least not make it any worse. So, I appreciate the concession on the building coverage. That was going to be my only objection to it. So, I approve. Congratulations. >> Motion carries. Nine in favor and zero. >> Everybody okay? Anybody need a break or anything? No. >> Thank you. >> Okay. >> Take care. Good luck. >> Okay. We're going to take a really short break, like a five minute break. >> Okay, we're going to get started again. >> All righty, here we go. Our next uh case is Scottstock, 9211 Amherst Avenue, block 526, lot 1.01, 01 zone WSD minor site plan approval and C variance relief to establish and operate a seasonal food stand in the easterly sideyard for retail food sales. Current on taxes, water and sewer proof of notice provided attorney is Christopher Bson. Thank you board chairman, board members. The report is based on the application of Scottstock 9211 Ammerst Avenue block 526 lot 1.01 located in a waterfront special district otherwise known as WSD. Uh [clears throat] so you can see varants relief minor and preliminary final site plan amended or waiver is requested for the site plan. The background is as follows. The applicant is seeking approval to maintain a permanent structure, permanent temporary structure as an accessory structure to an existing business previously approved. The structure is also between the street and the building thereby not requiring a cap or a waterfront development permit. It's actually along the side and it replaces a canvas covered quantit or storage facility. Uh the building similar to a pered exterior walk-in box is power connected or may have power connected to operate as a hot dog hut to provide for people returning from fishing trips or people passing by uh [clears throat] mainly by foot. There are not any additional seating or tables proposed as they are utilizing existing amenities on the site. The operations are similar to permitted six-month permit. The structure would not require building permits as per UCCC requirements as each independent structure are considerably less than 200 square ft. They do however have to comply with zoning or that's why they're here seeking some relief. The applicant is also seeking a waiver from all the requirements for a minor site plan as per the attached checklist. The checklist is attached to the application. I would agree that a site plan waiver could be granted without detriment to this application as the building itself is not changing, parking is not changing, lighting is not changing. It's just an accessory structure to replace an accessory structure that's already there. The zoning chart is on page two. Uh the use permitted or required uses are mixed use or commercial. Existing is commercial. Proposed is commercial. That's not changing. Uh all the other items are the same. We get to the accessory structure where the height maximum height is 8 feet or one story from grade. They are 12 ft but they are less than one story. So that complies location. They're not permitted in the front uh front yard. That is not the case here. They're actually in the sideyard set back. Their rear is minimum of 5 ft. They exceed that. So that's not a variance. And the only variance that they need is a sideyard setback variance where 4T's required. 0.25 ft is is proposed and that's a variance. And also they are located in a drainage easement. However, this is a temporary structure. There's not going to be any foundation, but they will be required to be flood vented and anchored to prevent being flatom and jetum during a storm. And the area that they're going to be located will be in a fenced area. So that will help contain any debris during event of a storm. But again, uh you'll need a flood permit and a zoning permit, not a construction permit unless you put power or plumbing in there. Plans reviewed are a variance plan block 526 lot 1.01. Arthur Ponzi and a company and I believe Mr. Barnhart's going to provide some testimony and confirm some of the questions and comments I have in my report in regard to the drainage easement. And again, I I would recommend a waiver from the minor site plan requirements. We know where the bay is. We know the bulkhead is. That's not changing. Uh again, section 175-33C, accessory buildings and structures. Uh 1 C accessory buildings shall be set back a minimum of five feet from the rear lot line and four feet to a side lot line. There's the variance and again the use is a permitted use. Food retail is is permitted. I don't see that being an issue. Uh trash pickup they have trash facilities on the site already. Mr. Scott, Mr. Bonner runs a clean ship over there. So I don't expect that to change because of a couple hot dogs here and there. So turn over my morning everybody. My name is Chris Balis. I represent um Ray Scott with us tonight. Uh Scott Stock with rejected application this evening for a new aspect of the business which will serve hot dogs gourmet or I don't know what you call I I don't like the word upscale but different variety of hot dog recipes. um uh four or five choices, but that's primarily the food product that you're that they're going to have along with drinks and chips, things of that nature. Um and Scott will tell you it's been a it's been a long time coming. He's been looking to do to do something like that. Number one, to increase revenue. I don't think there's as much money floating through there as people think. It takes a lot of bucktails to make it, you know, sell to make any money. Um but Scott recently acquired the business. He bought his sister out. His mom passed away. He's now the sole owner and he really wants to take this into the rest of through the rest of his life operating it. So, it's something that Mar market has and can cherish. It's the coolest thing, one of the coolest things we have. I mean, Scots is is iconic. It's a cool cool place. Um, and then this adds to it. He he tells me that um people take the rental boats out, they take their own boats out, they do say, "Is there anything I can get to eat to take out on the boat with me for the same thing when they come in?" And that makes perfect sense for those of us who enjoy that kind of lifestyle. Um there's no there's nowhere really except Steve's Steve's place when he's open during the day where you can get something quick at a stand, take it with you, take it on the prominade, take it on the boat, take it to the beach, wherever you may want without having to go to Waw Wa um or up to Ver Avenue. So this kind of fills a cool little niche that um I think is going to be done very well. He has partnered with Hillary who is a 20-year Philadelphia restaurant tour, recently retired, saw this as an opportunity to kind of keep her feet in the business. uh and um try [snorts] something new and she's really really excited about it. Um and just as an idea person, she keeps ideas going and going. Um we've constrained it to a hot dog type menu. Um seasonal uh and John can talk about the plan. I don't want to keep talking on it. [snorts] >> All right, Mr. Barnhart, just uh your name and business address again for the record. John Barnhart, 400 North Dober Avenue, Atlantic City, licensed professional engineer, liced professional planner, certified municipal engineer. >> Okay. Please raise your right hand. You swear from the testimony you give this evening to be the truth. >> I do. >> Okay. >> John, you can you you start a project with me. Basically, you can tell us what what's going on and what we're just for the record, Mr. Chairman, will Mr. Barnhard as an engineer and planner, his credentials are accepted. >> Yes. >> Thank you. All yours. Okay. So, um uh the plan I have before you was the plan that was submitted with the application. There's no changes to that. Um upper right corner of the plan is a survey of the property. Um you can see um in the upper right corner, uh the if you're standing on Ammerst Avenue facing Scottstock, the area to the right, um there's kind of like a fabric quanset hut there now that actually doesn't even show on that survey. And then there's a a shed behind that. And then there's the garage behind that all in that sideyard. The proposal is to eliminate the quanet hut uh eliminate the uh the existing shed and then to install a food concession and another small shed behind the food concession that you can see in the blowup site plan that I that is in the lower left portion uh of our of our plan. >> Let me stop you for one second. If you guys look at Roger's report, there's pictures in there that show the Quanza we're talking about. It's that large structure large long structure up against the fence that's going away. I'm sorry. So the the idea is that the is that um the food concession will will sit uh perpendicular or par perpendicular to the building or parallel to Amherst Avenue. Uh you would come in uh to the right side of the uh of the building. If you're familiar with the site, that's also the path that that uh folks take to get to the dock in the back. Um you'll be able to order uh at in front of that structure. I wish I could >> John, I have it up here, too. >> Oh, okay. Do you see please? >> So, you'd be able to uh could you scroll that over to the the site plan, please? Lower left there. >> There we go. >> So, you you see you see the food concession structure is is 25 ft back from the front property line. You'll be able to walk in the gate that's just to the right of the existing Scottstock building. Um you see the order and pickup area. Uh and that will be a that will be an open window in the front where you order and pick up your hot dogs. Uh the back the area behind it, that shed and that little fenced in area uh is really just kind of back of house for operating the hot dog stand um for for other dry goods and things. Um and then just it's just fenced off so folks can't get to the access points of the shed or the food concession this area here. >> That's correct. Um it's positioned in a fashion that doesn't interrupt the the passage of people getting trying to get to the marina and to the boats in the back which is why we're staying down. >> Correct. which is why we're staying clear of that walkway. Uh and then folks that that are not going to leave the site and would like to sit and enjoy the water um and um actually have their have their meal at the at the facility, we are proposing uh three picnic tables uh toward the water adjacent to the boardwalk. And next to those picnic tables, we will have trash receptacles so that folks can sit there, enjoy the enjoy the bayront um and then and then leave at um when they're complete. John, in the summer time there's actually some tips and chairs out here already for people who are waiting for rental boats waiting for their boat. >> That's that that's correct. Yeah, that area is already used for seating. So, um this is this is an interesting thing because as Chris said, um Scottstock is um it's an iconic little space. It's not it's not giant, but it's the last one left in Margate. And honestly, I do a lot of work on the barrier island. It's one of the last ones left on this island. um they're going away uh as quickly as they had. It's it's a shame. Um all the way all the way into Brigantine. I mean, every every one of them is turning into residential at this point. And um we have somebody who's trying to find a way to generate a little bit more revenue to stay relevant to to and to and to stay here and be a real anchor Damhurst Avenue in an area that for many many years, as we know, has been known as an area for fishermen. And this is the only place fishermen can go now. So th this is a this is a neat little plan. It has very little impact on on anybody. Um it's really a cleanup of that sideyard which is right now being used for storage that 0.25 gets that against that propert >> and the only variance is that is the sideyard set back to the accessory structure where 4T is required and we're proposing 0.25 ft. Um but if you visit the site what you'll see is that there's a fence along that property line and there's also a large thick hedge row along that property line. So, so the visual impact of it being only only 0.25 ft off the property line is what we think is irrelevant and it's positioned in a location that has no no negative uh impact uh on the neighboring property or any of the other surrounding properties. >> On the master plan and Marian's ordinance, you think that's a complimentary addition to Scott being aware of it the way you are? >> Oh, I I absolutely do. I mean, this is your this is your waterfront special district. Um you know, you're trying to promote uh the use and enjoyment of the waterfront. this is a way in which to do that. Um, you know, Scottstock is just providing another um, you know, while it's while it's dining, it's really it's really um, it's it's it's creating a a situation for folks to be able to come here, grab a hot dog, and then go enjoy the waterfront while they're eating, which is, you know, which is what you want along your waterfront um, in appropriate areas. And with the with as long as this property has been here, um, I think everybody would argue that this is a very appropriate accessory use to this site. What about any impacts to to the public good? Any impact to the zone plan and zoning ordinance? >> No, this does not generate additional parking demand. Um, obviously we all know that the the parking considerations along Amherst Avenue. Um, this is a somebody that's already coming to Amherst Avenue. Maybe they're maybe they were um maybe they were fishing that day. Maybe they were maybe they're just going to pull up on their boat. They happen to know that it's here and they're going to pull up to one of um one of Scott Stock's um slips and walk up and grab a hot dog and then leave on their boat. Um it's it's a going to be a neighborhood type of thing. This is obviously not going to be a giant draw of people that are coming here by vehicle uh to uh to pick up a hot dog. That's that's not that's not what this is. Um but hopefully it'll be very successful. Um and we think it's very very much appropriate. >> Thank you very much, Scott. Ray. [clears throat] >> Hello everyone. >> Ray, I just got to just give us your name and address for the record. Ray Scott Bonner 9211 Amherst Avenue >> and please raise your right hand. You swear part of the testimony you're about to give will be the truth. >> Yes. >> Thanks. >> Scott, you are now the sole owner of the property. >> Correct. >> And and operate yourself. >> Yes. >> Uh and um tell the board what we're doing. >> Um we have my family's been doing business in Margate for 67 years now. Um I'm doing everything I can to uh keep the place and improve upon it throughout the rest of my career. And food is a topic uh that comes up after a day on the water or beforehand regularly. So I believe that this is going to fit right into what we already do here and be a part of the family uh business and environment that has been there forever. Um in addition to that, my bedroom window is about 10 ft above where this is going to be taking place. So I do not intend on it to be um a disturbance to the neighborhood in any way, shape or fashion. uh as that I open my retail store and tackle shop very early in the morning, seven days a week. So, um I've spoke with all of my neighbors who are supportive and I don't believe any are here uh in uh being like a 2 a.m. uh drug hot dog stand. No, I've uh I've spent most of my life in that building and seen what comes from Amherst Avenue and you know participated myself once or twice and um have moved beyond that and uh are trying to get to bed early to uh get up and serve the fisherman right right and early >> and we're fortunate enough to partner up with Hillary who has significant experience in the restaurant industry. >> Hillary owned a restaurant in on South Street in Philly for 20 years. Uh she's an extremely enthusiastic person, very driven, and I have the utmost confidence that she is going to be a great addition to the property. >> Thank you very much. >> Thank you, board members. That's that's all we have. >> Okay. >> I got a couple questions. >> Go ahead. >> Um Chris, is it this is going to be open to the public, not just people who are voting? >> Oh, no. Open to the public. >> Okay. Um a group of 10 kids is riding their bike down Amharst Avenue. They can go in and get hot. >> Absolutely. >> And their bikes are going to go >> where they put them now in front of front of the building. >> Drew, can you turn your microphone on? >> Don't go up against the fence. Where they go now? We're up against the building. >> There's bike racks past it, too. >> Right at the park. >> Sure. Margate Citizens Advisory Committee gets this year. >> There we go. The reason why I asked that is because when you when you start something especially like with food, okay, that can really blossom into, [clears throat] you know, a nice business. >> And if there are really good hot dogs, right? You know, you could have dollar dog, you could start doing dollar days, right, on Tuesdays. You may not see that >> and have hundreds of people coming. >> You're not gonna see that, >> right? Um I mean, it's a great idea. I love it. Um my only concern is like how many people from the public are going to go there to that small area. Um and you know cause congestion possibly, you know, is it going to be uh like the a lot of trash cans there? If it turns into a thriving business, are you going to have to have a dumpster there now? you know, which could >> there is there is one there, >> you know, like there are those kinds of unforeseen things that >> But do you think the setback's going to be a problem though? >> I don't. >> Okay. >> No. Um, and then 6:00 in the morning when I get up and I go fishing, you know, >> hot dog. >> I'm not having a hot dog. You know, >> is there going to be a breakfast sandwich? Could we have breakfast sandwiches or some scrapple possibly? >> It's going to be called the Drew Campbell breakfast sandwich. >> Scrapple would be incredible. something like that. >> They don't even sell it at castles anymore, so >> we'll do our best to control the bike traffic. >> Perfect. >> Anybody else? >> Yeah. Will you do Chicago style hot dogs? >> I hope so. >> Whatever you want. >> Just Mr. Chairman, I don't know if this is more of a must issue or if I could ask you, what is the anchoring system? >> Any idea? So typ typically the way you would anchor um it's basically a sea box shipping container. Typically the way that they get anchored um is [clears throat] with like an augur. So it's it's an augur that gets screwed into the ground and then stainless strap that comes off the augur and ties to the to the sebox. >> I didn't see it. >> You said that's a um it's like a shipping container >> essentially. Yes. >> Same thing they have with tomatoes. >> Yeah. Yeah. >> And John, just to clarify, cuz I think I heard Rogers say it, but it's going to have like flood vents or something on it, too. So, won't be able to The shed will. Oh, the shed will. Okay. >> All right. That's fine. >> Okay. Just want to point out one more thing. In our master plan from 2016 2017, one of the objectives is [clears throat] to maintain and protect our commercial businesses. Uh I I believe this plan is doing that. I believe this board is heading in that direction tonight to make sure that is continued and trust me on the next master plan that protecting commercial businesses will be in that master plan. Um it's essential to market. That's it. Okay. Anybody else from the board? Well, I just like to say it's a positive aspect because we've been wanting to get more food food uh stores down there, >> right? Yep. >> Um, are you going to have veggie dogs? [laughter] >> Yes. >> Okay. [laughter] >> I tell you, you guys are going to be impressed. Very impressive. >> Okay. Anyone from the public? >> Oh, hell yeah. >> [laughter] >> I got this. >> Hello everybody, ladies and gentlemen of the committee. Uh Pete Brightinger, 407 North Quincy Avenue. Right hands up. Swear to God on my dad's grave. Everything. >> All right. >> Uh not to waste your time, man. We're out here in in the bitter cold, but um we were here last year uh in front of you uh asking [clears throat] for the property for uh Scottstock that the city owned to renew the the lease to allow him to keep his boats there. And I think we made a wise decision. You know, like he said, it's a business that's been open for 67 years. I had the pleasure as a as a young uh born born and raised in Margate, uh still at the same residence on Quincy Avenue. Um, I worked for his grandparents and uh and was able to uh feed some information um while his mother ran the the business and now Scott has it. And as was mentioned earlier, unfortunately after her death um her he had to buy his sister out. So it it was a strain on Scott as a uh private business owner. Uh, I can't, you know, my my thought is we're talking about a small stand and and Drew, you mentioned, you know, what happens if uh if uh these fantastic food, which I know you're going to provide, uh is is an issue. Um you know, I talked to uh Sean uh um I'm sorry, I'm I'm drawing a blank over, but the new marina um Scar Bro, thank you. And I asked him the other day and I said, "You know, this beautiful marina that that you're going to build, which I think is is amazing for Margate." I said, "But you have limited parking that the previous owner had." And he said, "Well, we're hoping to get a lot of locals here and we're going to put up bike racks and we're hoping everybody bikes here and and doesn't have to utilize all the parking spaces." Um, I think that uh goes along with what you're doing on Ammerst Avenue. We built a boardwalk. You know, I was skeptical because I keep my boat at uh at at Barry Coast and I thought for sure I wasn't going to get a parking spot when I needed my boat. With this new boardwalk going up, the water park memories getting rebuilt. It's it's amazing that you're bringing Margate back to life. Um if you look around and we ride our bikes and walk up and down the streets, you know, we see these houses that we all grew up in or our friends grew up in and they're torn down and these big houses are going up. We're we're becoming a a shore town. Um, keeping the heritage of Margate alive. Um, I don't think there's another business in this area that's familyowned that's been in uh been in existence longer than Scottstock. If you look, you know, throughout our our history of of Margate, um, I think, uh, you know, with with Tidelines, it's great addition. I think uh memories uh if you're down there at 2:00 in the morning going fishing for tuna like I do and you see 300 kids walking down the street to go from bar to bar. It's not an issue of whether or not we're overcrowding the area. You're giving it you're giving the business a business an opportunity to strive. I can tell you for years as a boat owner, you had to go offshore to get tackle or bait and everything. And then Scott came along and he said, "What can I do to better my business?" Well, you know, you start selling bait, you start selling offshore, you start selling this. And he did it. And, you know, he he became a a mechanic. He still has a a lift that he can work his boats and and when there's problems in the area, he's the first one to dive in and offer his services as a marina or as a mechanic or as a operator, a engineer. Um, I think it would be an injustice not to give this place the opportunity to thrive, for him to stay in Margate, to to raise his family, to keep this family legacy going. Uh whether it's selling hot dogs or whether he's selling sandwiches. I don't think there's a uh competition clause with anybody on that street. Steve Marshall has built his empire there with his with his barbecue and and his seafood and now a doughnut hut. Um, I think um, you know, Carmen and and like I said, Tidelines and Maynards and and everybody on that street coexist. I'd love to see the Barbrey Coast come back. So, honestly, without going on and on, I I if we have to put a bike rack out there for for Scott, for the 10 kids that want to come up and get a hot dog, I think that's that's an easy fix. Uh, but honestly, uh, what what better way to to keep the heritage of of what you're trying to do on Ammeris Avenue? Look at all the u the the the flags you put up to honor our our heroes in Margate that that the veterans and now you're redoing uh Washington Avenue with the same way. This is just another icing on the cake. Give this guy, you're three for three tonight. Go four for four. Give this guy his his permit and and let this let this happen and all of you I I guarantee all of you and your families will enjoy it. That's all I got to say. Enjoy it. Okay. Anybody else from the public? >> Public portions closed. >> Oh All right. >> Keep it short. >> More. >> Uh Ed Burger 9402 Ammerst Avenue. The president of Marley Business Association. Yes, I am. >> You swear to tell the truth? >> Yes. Yes, I do. Just, you know, a quick reminder and on on Pete's heels and and uh everything was explained already. Everybody knows how difficult it is for a business to survive in a seasonal community. And then you take a business like Scots where you know Scott's the last man standing. I mean, let's let's face it. I mean, as as it comes down to a marina where people can actually go, you have to look at both the business itself and what he's trying to do with it. And then you look at the individual. Scott's the guy who always volunteers to help out the community. Scott's the guy that hosted our fundraiser that we do for our scholarship fund. When it's time for us to do Funfest, it's Scott that contributes his property and his area to do the Wetlands Wonderland so the kids that are coming into the area get better educated and better understand what's going on on the other side of the bulkhead. This guy needs to have a a firm foothold in his business or we are going to continue to slip away from what Margate used to be. So, for a minor variance and a hot dog trailer, I mean, you know, to me, this is a no-brainer. And I hope all you guys just approve it and let's go home. [clears throat] >> Okay. Anyone else from the public? No. Public portion is closed. >> Good. Anything else, Chris or board? >> All right. And Chris, you site plan waiver with the >> So the relief that's being requested, it's it's a site plan waiver because they're just adding this this uh accessory structure. They're not changing the building or anything like that. So the applicants asking for a site plan waiver with one variance for the sideyard setback to the accessory uh building 4 feet the requirement and they're at 0.25 ft. Uh Mr. McCclaron has set forth the reports of those conditions will be incorporated. Um, anything else represented to during the course of the hearing? Subject to any outside approvals, if any that are required. Um, and you know, as far as the anchoring in the flood zone, flood vents. I believe that's in Rogers ordinance, but they they're part of the >> right hand that structure, >> right? [clears throat] >> That's that's the motion and the second we'll need and we'll need a roll call vote. >> Make that motion. second >> Mike Richmond. >> Uh yeah, as far as the um variance goes, there's no impact. I don't see any impact on the neighborhood or the neighbor or anybody for that. Um in fact, in residential, is it a one foot for a shed? I thought it was >> for residential zone. Yes. >> Right. Right. So anyway, uh yeah, it's a great improvement like everybody said. Um it's a great thing. I I grew up in Morgate, too. I actually grew up across the street from Pete [laughter] Neighborhood Terror. But uh anyway, um no, I think it's a good thing and I'm going to approve it. >> Rich Patterson, >> I also approve. I think it's a great thing and anything we can do to help help uh Scott is is a good thing here. I don't see any detriments to it. So, I approve. >> Dan Adams. >> Yeah. I just want to echo a couple things. You know, Chris talked about and the people in the audience. You know, there was when I was a kid growing up here, we had four different choices to go for bait and tackle and to go and and get what we needed. You know, we always went to Scottstock to get a boat and rent a boat because that's where that's where we went. That's what was there. Um, now we're down to one and he is the last man standing. and this is a way to improve the area and make it better. I think it's a great thing. Um, you know, I participate in going to Scottstock on a regular basis when I need something. Um, to touch on what, you know, Drew said about the kids, I hope 10 kids show up there on bikes and want to get hot dogs because if you come down here on any given Friday, Saturday, or Sunday and go to the Dairy Bar or to Two Cents Plane or the Waw Wa, there's not 10 kids, there's 150, 200 kids. And the bikes aren't a problem there. And everybody makes it work. And you make it work together because that's what community is all about. with making things work for the community. With that said, I strongly support this concept and this idea. >> Just want [laughter] full price. >> Rich Tolson. >> Yes. Um, for those that don't know, I was born and raised in Ocean City. Moved to Margate six years ago. I've seen a town lose its soul. Um Scott's stock clearly based on testimony here tonight is part of the soul of Margate. One of the things that hasn't been spoken about today um that doesn't have to do with zoning but it has to do with the soul of the town is the employment that is offered there. the jobs as Pete talked about working there 75 years ago when he was a kid [laughter] that >> they uh that's an important element of it and it's a benefit to the community. I see no detriment to the community and I wish you all the best and I approve this. Johanna Perski. >> Um, so my kid will actually be the one on the bike, probably not locked up and eating hot dogs. Um, I think it's a great idea. I think, um, one thing that wasn't mentioned was that not only is this what our town needs for our families. Um, but Ray Scott is also doing a program at the school and they're teaching the next generation of boys to fish, which is boys and girls to fish, which is so important for for us as a community. So, I think this expansion will just further attract kids to um what they need and that's outdoor activities that they can do with their families. So, I approve Herb Pagna, >> I agree with everyone here. It's an awesome idea. Anything we can do to help the local businesses, especially Scott, he doing a fantastic job. Like Pete said, bringing in additional tackle. We used to have to run offshore, run the fanatics, run wherever. And uh you know, ain't that right, Glenna? You know, it's just no captain Andes, nothing. It's it's Scott and he's doing a fantastic job. And good luck with this new venture. Drew Campbell. >> I approve. [laughter] >> Okay, [clears throat] >> Drew Campbell. >> Um, I love the idea. I love it. Um, I can't wait to be a patron there. Um, and I also echo uh other board members and the history and the contributions that you do make to Margate. Um uh I can add to the Margate Anglr Club, the pier and um the participation and contributions that you make there to promoting fishing there as well. Um and I appreciate all of that and uh I absolutely approve >> Steve Joki. I have to echo what everybody else has said and also that Scott has been such a um a steward for educating people about the Back Bay and he's been a great asset to the community. I see no detriment at all. I see nothing but a positive aspect to what for this application. So, I approve. >> John Piss. Um I'm a relatively new resident of uh Margate, but uh one of the reasons my wife and I moved into Margate was because of the very unique environment and atmosphere in Margate. And uh Scott's doc is certainly a a key part of that um as evidenced by the testimony from everyone here tonight. So uh I approve. I would just make a quick comment to the planning board. We've recently approved two of these sort of temporary food structures in the waterfront uh district. We need to be sure that we treat each one of these individually. The two that we approved were definitely worth it, but I can imagine we might get some other folks in town will come in and say, uh, you know, gave two of those on the waterfront district. I want one on Ventner Avenue, right? We have to treat each one individually. But in summary, I approve. Congratulations. Good luck. One more Chicago. >> Motion carries. Nine in favor and zero. >> Thank you very much. >> The night's not over yet. >> Appreciate all you guys do. Thank you everybody. [laughter] >> Okay. He's not showing up here. >> Joanne is recusing herself for the for the last application. So, >> okay, >> she's dismissed. >> Okay, >> dismissed. All right, our last case is Gem Hospitality Inc., 7811 Ventner Avenue, block 206.02, lot 2, CBD zone. um site plan waiver to operate a takeout doughnut shop known as Sunny's House of Donuts. Current on taxes, water and sewer proof of notice provided. Attorney is Christopher Balinsson. >> Thank you, M chairman, board members. The report is based on the application of Gen Hospitality Inc. 7811 Vetner Avenue, block 206.02, lot 2, CVD zone. Um the premium requirements don't comply or don't matter at this point in time. Seeking a site plan waiver. This is a final planning and zoning report for substantial benefits. That the background is as follows. The applicant is proposing to take an existing non-conforming residential structure in the commercial zone and actually make it commercial, which is a novel idea. The zoning chart is on page two and I identified one variance and you I I looked at it sideways, upside down and everything any other way. But because you're changing the use, you need a variance for the parking where three spaces for commercial required, zero spaces are available, zero spaces are proposed. And again, you can't you couldn't make the parking work there if you had if you could >> because of the ADA parking requirements. And we've discussed this project before where it's a non-conforming structure in regard to ADA compliance. However, our construction official, we met and discussed it and because it's an existing structure, they don't have to comply with the ADA compliance issues. So that is the only variance identified. And I just want to say that the site plan waiver could be granted because of the comment number one when site plan or subdivision approval required. Uh A1 the following shall be exempt from board action. Then item C general business and professional offices. This is a general business is retail. Necessarily say this is a restaurant where they're full seating fully enclosed restaurant. I I think this is retail general business. Um [clears throat] if this was commercial going to residential, it'd be a different story. It' be a use fair. It would be parking requirements uh would have to be obtained. And also having that curb cut not be used on the veterary avenue is not a bad thing at that location. That's that's pretty tight area. So the site was and nearly 100% impervious. That is not changing. this the site's really not changing there. Looks like they're providing adequate trash enclosures in the back. Um just the hours of operation, Chris, if you could describe that during your testimony. And the other caveat, if this was existing commercial and they're just changing from retail donuts or to retail hot dogs, no onsite parking shall be required because the existing non-residential floor area within the central business district. It's not changing. So because it's residential, that drives the parking variance. And again, just it's semantics, but that's that is what it is. Um, I really have no further comments. I think this is a another example of protecting our business zones. If this was going the other way where we're losing businesses to residential here, that would be a bad thing. Here we are adding commercial. Um, but I I see no issue with that. And I will reserve Oh, the sign there. There's no dimensions provided for the sign. You would need a zoning permit for the sign. And again, hopefully you comply with what's permitted. If not, >> that's that's the intention. >> Okay. Yeah, >> I figure >> if not you would come back here, but we can we'll make sure that works out. >> Sure. Of course. >> Okay. >> I represent Sunny Tonas Royber Goldberg here tonight. And speaking of the warfront special district, I can't think of anybody who was in work at the Tony of the Warfront special district and Roy Joy [clears throat] spent most of his life back there with juniors and with the office building funfest the conscious night the guy who was responsible for most of those good times is right here. Um the idea with Sunny's Donuts is to bring the Junior's Donuts concept up to Vendor Avenue in a in a space that has been used as residential though in a strictly commercial zone um for since its inception. Um the idea is to convert that to commercial space as it should be. One of the primary purposes of zoning as we all have talked about is bringing properties into performance ordinance. That is exactly what this application does. The site plan waiver is requested because there's no site changes. to be able to use the building as it is. Um Tom will tell you that essentially the stairs here continue to be there. They're going to people are going to flow in here and out over here right across the front. There's about 200 ft of retail space which would be less than one parking space be one space variance would be for one one space. I don't necessarily agree that a variance would be required because it's commercial space. It just so happen to be used as residential. So if you look at it as as existing commercial space that was used in a performing matter and it's always been commercial space never that never changed um just happened to use residential it wouldn't require you know one space because it's existing it's only it's always been commercial space just happened to use in a nonformal manner. So annex as Roger said it's not it's it's one v it's one space nonetheless. So if the board's comfortable saying let's grant that variance um let's consider that variance that as well. Um >> I think it goes by the gross floor area, but I mean stick with the three. >> Okay. Um Tom >> Tomo prepared the plan. It's a real quick explanation how it's going to operate. I'll go ahead. >> All right. Mr. Belevo, just give us uh [clears throat] your name and address for the record, please. >> Tom Bagivo Bivo, >> 472 Northtown Road, Blue. >> Okay. And please raise your right hand. >> Living on Furlow. >> Okay. And please raise your right hand. You swear a frame of testimony you're about to give will be the truth. >> I do. >> And licensed architect in the state of New Jersey. You've been here. Board's familiar with it >> several times. Yeah. All over New Jersey. >> Okay. Over 12 states. >> Okay. With the strangles, Mr. Richmond. >> Mhm. >> Yeah. >> Um Tom, without me asking a million questions, when Roy came to you, what is it he explained to you he'd like to do and what did you accomplish to address that? Well, first he wanted to bring back great buildings to market. But in this existing structure, what we did with Royy's input is 99% if not 100% take out inside the structure 100%. So, we're coming in the front door up these steps and our idea together was to put another door so that we had a flow. If you remember when Junior's was on the bay, it was just keep people moving. So, >> oh, this area kind of where the window is. >> Yeah. Where the first window is on the side, right? >> It actually is portrayed in the drawing. Actually, I wonder make it cleaner up there. Yeah. So, the idea would be to come in the current front door. All this would remain. So, you'd be under a roofed porch in the front door. You grab a donut, you mix your coffee, and you go right out the door. So, the traffic is just foot traffic right through. 75% of the first floor is making of the donuts and sales. So it literally is there's not even room in here for tables and chairs. So we'd have trash recycling inside down these steps. Additional storage would be in the current garage structures. This was updated. You can put two recycling bins and two trash bins. full size trash toers with um a concealed area in the back and the ramps are just before employees. That's just ramp product from there in and then we offer conventional and ADA seating on the side. Tom, if there is concern about handy somebody wants you to there's a ramp in the back of your >> Well, the ramp is there's not enough room for an ADA ramp because of >> five steps for we're 39 in out of the ground. So, the ramp would be 40 ft long plus landings. So, the ramp would probably go to Hot Pickles and more or so. But um there's an additional service window here if necessary that could be open just for ADA components if needed. But for the most part, I mean you come in the current steps and write down less stairs on the side. So no structural changes to the building other than the equipment. >> What are you doing to the outside of the building to make it look pretty on that? >> Well, the the redesign would be mostly painting for color. and signage. So, we have the new Sunny's logo, repaint the building, add planner boxes, and kind of dress up >> the outside so it feels more commercial than res what your vision is. >> All right. Uh, Mr. Goldberg, just give us your name. >> Roy Goldberg. Four North Nashville Avenue. >> Everybody kept saying, "Why am I doing this?" >> You swear to tell the truth. [laughter] >> Why am I bringing Why am I doing this? And as Mr. Pollson said, Margie did lose a big portion of what kids should do. And I remember very clearly the faces of the kids when they got donuts. When you're on vacation, you'll eat anything in the world you eat. So hot dogs on the bed is a very good idea. people will eat whatever they can while they're on vacation. So, this building was there. Um, I don't want to change it. I want it to look like an old fashioned doughut store. That's why it's called the House of Donuts, cuz it's going to stay like a house. Um, and you put a gorgeous new parking lot 400 yards from me. So, I hope it's 7:00 in the morning. Everybody's pulling in that parking lot to come and have donuts. >> Great. Your concept is generally to have to have the store open 6:00 in the morning to noon generally. >> Yes. Uh at the moment, donuts, cinnamon buns, and coffee. No hot dogs, no fruit, nothing healthy. [laughter] When you go on vacation, you don't want to eat a donut. Um the donuts were good. Um I did I opened the first one in 2001, which was 24 years ago. Wow. >> Years ago Junior, but Junior is now 37 years old. So Sunny was my father. So I named it after my father. And you bought the building. >> I bought the building. Um and the inside needed a lot of work. So we're good. I got a great architect. What's up there? >> Seasonal or year round? >> Seasonal. 110 days. >> Uh qu question. Um uh well what's going to be with the uh second floor? >> The second floor with storage and one room three is an office. >> Okay. >> Yeah. And and uh you're not you going to have like any seating on that front porch? Would that front porch be usable? It's too small. >> Pretty small. >> Like a high boy. Well, it will be lined up on that >> front was to utilize down here to get people out of the building. >> Yeah. >> Personally, the first time I moved into Margate >> years ago, I was here. I came back in 2014 and my next door neighbor bought a dozen donuts. >> Yeah. >> And you're not You just get your donuts and bring them home. But for the most part, we have seating down here, which we then introduce a layer of uh shrubbery on the side to kind of soften the side of the property. People are going to go in and eat their donuts out here. There's really I mean that porch is 5 and 1/2 ft wide. >> See, we're assuming that porch is going to have people on it. >> That's what I was getting at. Like everybody's waiting in line for donuts. They're going to be queued up on the porch waiting to get in. >> No, I think it's a great idea having outside seating. Too bad you can't have inside seating, but like people need places to congregate and you're you're adding that. >> You know, >> but all those years you had no inside se >> from a hardship stand. There's no place for public parking parking on the site the way it's been utilized. >> No. >> The area has a parking lot now across the street >> somewhat. Yeah. Did you think the variance would be granted without attachments to public good without jet of the ordinance the land fact was available park? >> Correct. I agree. >> Thank you. >> And and again the fact is a bike crack scenario. >> I mean every time I I went before any other place you take a vote for >> that's all. Thank you. >> Okay. >> Anyone from the board? So I I I thought I heard Roger say it, but So are we doing away with the driveway altogether? So that in technicality creates parking. Correct. >> Do away with the driveway for the tables. >> Yeah, but I'm saying the spot on the street where the driver apron is. >> That would be technically a parking spot. Correct. >> Okay. Street. >> Yeah. Street space out there. Yeah. Okay. >> You might be able to use that as a loading zone, too. probably just lead the curb cut in there so you can probably serves the other businesses too. >> All right. [laughter] >> Um, anybody else from the board? >> You know, just one comment if I could, Mr. Chairman. It was just mentioned by a couple people about people lining up on the porch. I don't know if that's an accurate description only because the location of the door to enter. They're probably going to come down the steps. So, it just raises consideration of how you might handle that. Hopefully, as busy as you anticipated to be um how they line up on the sidewalk because they're not >> they're not going to be on the porch. >> Mike, can I jump in on that? Sure. >> The whole concept of the second door where the first window is is to keep people moving through >> so you don't have to come out the front door that. But if they're backing up waiting to get in, >> they're not going to line up on that porch because the door the entrance >> the entrance door is on the front, not the one on the driveway side. Correct. >> Yep. >> You understand my point? >> I mean, it's almost like something used to go to banks. We queue >> I mean if you if he's that busy and we queue left and right five and a half ft good for a long person with samples on the porch right [clears throat] on the porch. [laughter] >> Hey he wants to make a lot of dough. >> You're going to have Chicago style donuts too. >> Okay. We have Chicago style hot dogs. We'll have Chicago style donuts. Hot dogs are on the bay. >> No, the Chicago style donuts are >> deep deep dish donuts. Um, okay. One thing I Nobody else from the board. One thing I want to say, uh, which is obviously helping this and helping is that, uh, the forethought for the city of Margate to buy that parking lot. I know there was a little bit of consternation about that, but that was probably, you know, great move >> and I hope, you know, that, you know, they invested maybe one or two other properties to do that because, uh, that really alleviates a lot of the parking situation there. So, all right. Nobody else from the board? Anybody from the public? I have to admit that being on the agenda tonight when I was here I came from SC was here that Sunny's was up you know the contributions that Mr. was made in his junior over the course of years. I think everyone's grown up after he's contributed to this community. Thrilled to have him back in the game even closing. Um but that's not what I want. Um the fact that we're taking a piece of residential real estate and going commercial with it as the president business association is kind of like this unicorn >> that we're not doing some sort of multi-user thing. Um, I approve I approve wholeheartedly on that go to see that Junior's Donut is across the street from the house. 10year-old granddaughter of a seven-year-old granddaughter and tell her that Sunny's juniors is going to be don John. >> Okay. Anybody else from the public? >> Okay, Chris, stop talking. Uh, all right. Public portion's closed. >> All right. There's no other questions. We should I think the best bet is to keep it aggressive. That's right. We'll call it three required parking services. >> All right. So, it's it's a application. Again, it's a minor site plan approval because very little on the site's changing and based on Roger, our site plan waiver because of a formal site plan is not required given the the the building's really not changing based on Roger's comments and one variance which is the required number of parking spaces. Three are required. There's none there now proposed and the conditions will be pretty much the standard conditions. anything Mr. McCarn's report applicant will comply with any representation made during the course of the hearing subject to any outside approvals that may might be required just the standard stuff. So I need a motion, a second call. >> I'll make that motion. >> Michael Richmond, >> great addition. Approve it. Rich Patterson. U I've been [clears throat] on the board for 20 years and uh this is the first night where there's actually two yes votes where I'm thrilled to vote yes to have this um residential turn back into commercial and bring Roy back into town. And nothing good this is bad to say about it. Yes. >> Dan Adams. Yeah, I agree. It's going to be an improvement to the community, adding commercial space, and my three grandchildren are going to be very happy to be able to get donuts and a good donuts at that. So, I approve. >> Rich Tullson. >> Yeah, there's obviously a a business benefit to the community. There's an aesthetic benefit to Ventner Avenue along there. There's a benefit to all this to have donuts. Um, so I approve >> her Pagna. >> So, um, yeah, I I agree with everyone on the board. I approve. Good luck, >> Drew Campbell. >> I think it's a great idea. Um, benefits the city. Um, great parking 400 ft away from you. Um, definitely a no-brainer. I approve. And I hope you're gonna have powdered lemon fil donuts. >> Steve Joaki, >> I I see this as a a a very positive benefit for the city. Um people need places to go and you're providing that. I um and I'm like the reversal of getting more businesses because I've always want I always want protective businesses. So I approve. Sam Freriedman. >> I would agree with uh with the rest of the board members uh bringing back a commercial uh a commercial um place business. Thank you. Commercial business uh into this area. Uh yeah, I see no uh no harm. >> I agree. I approve. >> John P. >> Uh yeah, I agree with everything everyone else has said. That site should definitely be commercial. Um, I mentioned earlier, uh, [clears throat] my wife and I are relatively recent to Margate. When we were considering moving to Margate, we were quite disappointed that there wasn't a doughnut shop in Margate store. Happy to have a donut shop in Margate. I second the powdered covered lemon fil donuts uh, request and my eight grandchildren will be very happy that we have a donut shop in town. >> Okay, motion carries. Nine in favor and zero opposed. Good luck. >> Thank you. Good luck. Good luck. Look >> forward to it. >> We have cinnamon or cinnamon roll. >> We have anything else? >> Oh, they got to be cinnamon. Cinnamon roll. >> Okay, we got one more thing. So, >> okay. >> Okay. [laughter] Well, we're we're moving at a record pace here, so let's uh >> You're welcome. >> Let's finish up. >> Go ahead. >> Did we adjourn >> or no? Okay. >> Just one additional thing is the uh master plan site committee subcommittee has met. >> Is everybody uh listening? >> I shared some of the uh past master plans that are consultant that we're considering. >> I might ask for a proposal and >> wait. Hey guys, Chris can Yeah. >> Okay. Thank you. >> The uh [clears throat] I I asked him to come to our next meeting to do a presentation to the whole planning board prior uh Rich Jim. Oh, okay. >> Again, he's doing the master plan in Metner, Longport, Summers Point. We're right here, too. He's well aware of the new flood regulations that the state has mandated. I think that's going to be an important aspect of our master plan. The rest of it we can dictate, but again, having his his set of eyes on it, his familiarity with Atlantic County, with what's going on, I think is an asset. Uh again, I hope we have another meeting prior to the next meeting to discuss some things that we need to discuss, but that that's where we stand. I want to get that rolling. Um these these new DP >> come to a regular board meeting. >> Yes. >> Good. >> Yes. I want it on the record. >> Yeah. um these New Jersey impact uh real rules, the packed rules are going to have a significant effect >> in our area. >> And my my concern is right off the bat, it has been and is the D wants to review basically every application and they don't have the manpower to do what they're receiving now. So, it's either going to kill development down here or it's going to make a six-month project three years. They want to review every project. >> They want to review >> before Yeah. before we look at them. They they every application like >> not just ours. I mean, every >> everything. >> So, basically like like the beachfront homes that require a tapper permit. Now, you're saying pretty much everything. >> Everything. We're in a total we're in a flood zone >> all across the state. in the coastal areas. Coastal areas. Yes. >> Well, that's crazy. >> That's ridiculous. >> And what it's you know the the big effect is and I think I mentioned this before is the the height of the buildings. I don't see a big impact in that we >> all the homes that we are approving that I approved that the ordinance approved we saw this coming five six years ago. So we let that's why we allowed the parking below because if we allowed that just about nine out of 10 applications come in for that they will be compliant with the new rules, >> right? >> And what the state is doing versus what FEMA is doing. FEMA maps aren't going away. They're just use they're overlaying the FEMA maps like uh the house tonight was in the flood zone elevation 10. That's the base flood elevation. What and we require 3T of freeboard the bottom of the floor. We'll give you another foot. that it's 14. What the state's going to do is that base flood elevation of 10, the new base flood elevation is going to be 14. >> Wow. >> Plus one foot of freeboard. So we might have to add a foot for the helms that aren't having parking below. So we could look at it two ways. We can some people every house is going to have parking underneath basically. That's that's what's going to happen. And if you look down south, like North Carolina's had their own set of rules for flood damage prevention for long before that we in New Jersey have had it. There's a more severe where if you're all those houses that you see on the TV falling into the ocean, obviously [snorts] you can't rebuild those. You have to mitigate back. But um but if you look down there, all the homes are up. >> Mhm. >> Everywhere. Charleston, South Carolina, Florida, uh, Outer Banks, Georgia, Jacko Island, they're all elevated. We're going to see that here, but there I I think what we're seeing here is in a different element what we're seeing down there. I think the homes up here look a lot better. >> Mhm. >> And we're still going to look at the idea of >> creating that space in the ground floor to And again, I I'm always looking at doing things that that are passive. We shouldn't have to exert a lot of energy to make sure that people are in compliance year after year after year. Long court wants to inspect every house every year on that ground floor. To me, that's counterproductive. >> What if you find somebody doing something wrong? What are you going to do? You're going to get the city in a lawsuit and so if we take some of that area away, it's going to happen. But if we can reduce it, make it more passive, I I think we'll be better off. There's my >> two cents in a donut. >> Well, we definitely don't want to see those houses just up on stilts. >> No, >> you drive through Sea Aisle. >> Talk to the microphone. We're still in the record. >> Drive through Sea Aisle and just look what you see as far as the house on stilts. That's not what we want Margate City to look like. That's for sure. It's so I I I think we're going to go over and I I think there's going to be a compromise and and I also [snorts] would be curious to see when we have the master plan, we're going to have public input, you know, and I'd like to see what they have to say about that. >> To that point, Mr. Chairman, Come on. >> With Mr. Rotell coming to a meeting, a full meeting, we're going to advertise that he's coming so people know and they can hear. And maybe >> he's not going to do a presentation what the master plan's going to be. He's going to do a presentation on the process for the planning board. >> Yeah, it'll be on the agenda. It definitely be on the agenda, right? And there'll be an explanation what's going on and and plus we're announcing it tonight ahead of time and there are people listening. No, trust me people listen to that's the next meeting. >> Yes. February uh 28th or >> 26th >> 16th. >> Okay good. >> Do we have already have cases scheduled for the >> Yes. >> How many? >> Nine. [laughter] >> I said I'll take another extra half hour. Right. So far, we probably I don't know. We just got a boatload of standard might not >> probably like four or five. >> Okay. >> But again, you know, tonight we had five and I I thought they're basic applications, >> right? >> The major site plan. They're they're the doozies. >> Yep. So, [snorts] >> yeah, I did I I saw this is the same guy who gave me the uh Yeah, this he's he's good. >> Yeah, he's good. Yeah, he he doesn't put a lot of fluff into it. He just kind of, you know, talks a little bit about the community, but then gets right. >> He's not an attorney. >> No, >> he can do it in fewer words, >> right? >> No, he he's very strong in GIS and statistics. He's going to outlay the the population trends. >> Yeah. >> All Atlanta County, Margate, the B, Epsican Island. >> He's going to tell us everything that we know, but it's going to be in black and white. >> Yeah. So, >> and again, I think that the example that you the board showed tonight on protecting our commercial businesses, that's a that's a big one, >> right? That's strong. And uh from a zoning standpoint, from a enforcement side of it, I do whatever I can to help these businesses, >> right? And this guy from what I read like I read the one he did for Ventner and I think um was it Stone Arbor and yeah he's very his tilda is very pro businesses >> you know and how how you can reserve that. So I think he's good just from what I've seen. >> Is that right? Uh just uh something else that came up is the the other gas station that tore down. >> Was that a sunnies? >> Sunny's >> that's that was a subdivision that was approved with a use fairance to go to four residential units. >> Right. >> That use fairance carries over, but that subdivision has to come back. >> So I imagine we'll be seeing that in the near future. Okay. >> They never filed it, so it expired. >> Somebody else buy it. >> Yes. Okay, it is what it is, right? >> It is what it is. And also, we had a byight subdivision subcommittee the other when was that? Friday, a week ago. >> Friday. >> And again, a byite subdivision is minor subdivision, no more than two lots, two new lots where the area and the lot width can comply. There's nothing else, no other data. There's no house shown on there. So if the house itself needs bearings, they they got to come back. But there's not too many by right subdivisions here. But I just want to get that on the record, too. Just to make you aware, this way was I had to put two houses there. >> Did it create a potential hardship? What? >> No. No, that wouldn't be my right. Right. >> You're talking about Huntington Avenue. That's >> okay. Amen. That's it. We're good. >> Well, the hardship on the Huntington Avenue one is self-induced with the pool. >> Yeah. >> Right. >> Which case are we talking about? >> Two. >> That was the pool on the corner of >> Huntington and 300 block. >> Right near the ball fields. >> Okay. Across >> from Duke. Kmar. >> Kmar and Huntington. >> Oh. Uh, Leveries. Yeah. >> Yeah. Okay. [laughter] All right. >> We have a date with him in about 10 minutes, too. So, we just [laughter] >> Anyway, all right. Motion to adjurnn. >> Motion. Second. >> Second. >> All in favor? >> All right. >> You need any of this stuff?