1  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15  DUNMORE BOROUGH ZONING HEARING BOARD  HELD:  Thursday, June 27, 2024  TIME: 7:00 P.M.  LOCATION:  DUNMORE BOROUGH BUILDING 400 South Blakely Street Dunmore, Pennsylvania 18512  ZONING  BOARD MEMBERS:  GERARD LONGO - Chairman  16 TERRY MCDONNELL  17 18 19 20 21 22 23 24 25  PETER SABIA, JR. ROBERT CUFF - absent STEVE YANISKO  MOLLY DEMPSEY CLARK, Esquire, Solicitor  MICHELLE SMOLSKIS OFFICIAL COURT REPORTER    2  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  (Pledge of Allegiance.)  MR. LONGO: Mike Brazil is absent  tonight, sO I'm going to do the roll call.  Peter Sabia?  MR. SABIA: Here.  MR. LONGO: Gerard Longo? I'm here.  Steve Yanisko?  MR. YANISKO: Here.  MR. LONGO: Terry McDonnel1? MR. MCDONNELL: Here.  MR. LONGO: Bob Cuff? Absent. MR. LONGO: Molly Clark? ATTY. CLARK: Here.  MR. LONGO: Okay. First on the  agenda is Robert Urban, 221 Sherwood Avenue, Dunmore, PA, seeking approval to construct and operate an ice cream stand at 990 East Drinker  Street. Representing?  MR. MANDARANO: I'm here. John  Mandarano.  MR. LONGO: Okay. Just get sworn  in.    3  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  JOHN MANDARANO, having been duly  sworn, was examined and testified as follows:  MR. MANDARANO: Idon't know if  anybody saw this yet or not, the drawings. I  have copies for everybody.  MR. MCDONNELL: Are these any  different from the big ones?  MR. MANDARANO: No. MR. LONGO: Same thing?  MR. MANDARANO: Same thing, yeah.  So, this project, I think you know where the site is, the Anna Maria's, former Anna Maria's site up there. They're using that site for the sheds and they want to add an ice cream stand and also keep the sheds. So, it'17 be two uses, sheds to the rear, the ice cream stand  will be in the front.  So, we came up with a plan to put  the parking behind the ice cream stand, the proposed stand, and then the sheds would be to  the rear of the parking.  The gray area you see is all paved.  Pretty much the whole site has been paved when    4  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  it was a restaurant.  MR. LONGO: Okay.  MR. MANDARANO: And the white area  is kind of where the building was. So, that was also impervious surface, as well. And now  that's just a modified stone.  So, they put the shed there now,  it's vacant, and parking would go to the rear of that. So, I think on the next page it shows the layout of the parking and where the sheds  are located.  So, we have a one way driveway in  and one way out. So, you could see the parking  is angled.  MR. LONGO: Right.  MR. MANDARANO: There's a couple  spots on the side. We have 15 spaces total,  one handicap.  The zone, it's a :- under the new  zone or the old one, the old zoning ordinance, it's a commercial. It allows for restaurants. We're looking at this as being a takeout restaurant. That's the only thing kind of ice cream stands fall under. And that's a  permitted use.    5  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  So, I - don't even know if he needs  any zoning, to tell you the truth, because it's  an allowed use in that zone.  MR. LONGO: Right. Your minimum  width, you're required 15, you have 30. It seems like that's way wider than 30.  MR. MANDARANO: Yes.  MR. LONGO: Why do you have that? MR. MANDARANO: Yeah. So, we have,  let's see, 69 and 80 : sO we have 120, 130  feet.  MR. LONGO: I'm just looking at your  chart.  MR. MANDARANO: Chart.  MR. LONGO: Yeah. You have 30. So,  you're :-  MR. MANDARANO: Well, let's see : MR. LONGO: The way I'm looking at  it, you have way more than enough.  MR. MANDARANO: Yes, we do. But if  you see the proposal, they are over the  required.  MR. LONGO: No. The first one is  not.  MR. SABIA: The first one you have    6  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  30 feet.  MR. LONGO: You have 30 feet. Did  you mean 300? No, it can't be 300.  MR. MANDARANO: No. That's the  width. Yeah, that's a typo because the width is, like, 130 feet. It's probably supposed to be a one is probably missing there. It's  supposed to be 130 feet.  MR. LONGO: So, you satisfy  everything  MR. MANDARANO: Yeah.  MR. LONGO: :- in my opinion, and  I'11 check with Molly. I think we would just go with a shared use and grant you a shared use  with the sheds.  MR. MANDARANO: Okay. If you look,  the setbacks are on there, actually. So, you  could -  MR. LONGO: Yeah.  MR. MANDARANO: : see that line.  So, we fall within there. So, that 30 is  supposed to be 130.  MR. LONGO: Got it.  MR. MANDARANO: But, yeah, if it's a  shared use, that's fine.    7  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: Anybody in the audience  have any questions?  (No response.)  MR. LONGO: No questions. Anybody  on the Board?  ALL MEMBERS: No.  MR. LONGO: Okay. Do I have a  motion to grant a shared use with the shed and a takeout ice cream - or ice cream/takeout  food stand? Do I have a motion?  MR. YANISKO: I'17 make it.  MR. LONGO: Okay. I have a motion.  A second?  MR. MCDONNELL: Second.  MR. LONGO: Okay. I have a motion  and a second. I'm going to do roll call.  Peter Sabia?  MR. SABIA: Yes.  MR. LONGO: Yes. Myself, Gerard  Longo, yes. Steve Yanisko?  MR. YANISKO: Yes. MR. LONGO: Terry? MR. MCDONNELL: Yes.  MR. LONGO: Motion passes. Good  luck.    8  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. URBAN: Thank you. MR. MANDARANO: See you.  MR. LONGO: Next on the agenda is  Patrick and Danielle Padula, 222 Ash Street, Scranton, seeking relief for a front and side yard setback to construct a new home at 207 Park Street, Dunmore. Representing?  MR. PARKER: I'm representing the  owners.  MR. LONGO: Okay.  MR. PARKER: My name is George W.  Parker. I'm a registered professional engineer and a registered professional land surveyor in  Pennsylvania.  ATTY. CLARK: You have to get sworn  in.  GEORGE W. PARKER, having been duly  sworn, was examined and testified as follows:  MR. PARKER: The owners are seeking  variances for what was just described, mainly for setbacks, and what I'd like to do is give you a little bit of history, short history,    9  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  showing you the reason for the request.  The parcel of land that they bought  was divided and deeded out over a century ago, sO we're talking a long time. I'd like to give you a couple handouts. I don't know if we want  to label these as exhibits?  ATTY. CLARK: Sure.  MR. PARKER: Okay. We'1l call that  Exhibit 1.  MR. LONGO: For the record, we'1l  mark the first exhibit as Exhibit 1.  (Exhibit No. 1 was marked for Identification.)  MR. PARKER: The land was deeded out  sometime before 1900. The reason I say that is if you look at the drawing I just gave to you, you see the word park on it and you see a little triangular piece of land right next to it, that's the piece of land that we are  discussing.  For purposes of discussion tonight,  let's call it a triangle, even though it isn't a perfect triangle. The short leg of the    10  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  triangle is 95 feet long, which is along Park. The long leg of the triangle is 180 feet, which is along what is drawn as an alley, and I'11  get more into that later.  The hypotenuse of the triangle is  really a curve because it is the right of way  line of the railroad.  p point these three things out to  you because the land is not completely adjacent to another private property. It's bounded by an alley, a street and the railroad right of  way.  The land was purchased as you see  that shape, and the current deed is the same. n mention that because their hardship is not something they created by subdividing a piece of land and making it too small. That wasn't the case. The land has always been this shape  and size.  I'm going to give you a second  handout. We'1l call it Exhibit 2, please.  MR. LONGO: Is that a handout of  Exhibit 2?  MR. PARKER: Yes, sir.    11  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  (Exhibit No. 2 was marked for Identification.)  MR. PARKER: This exhibit shows you  fairly current aerial photography with tax parcel lines superimposed on them. It's from a program. I didn't draw them on there. That's  the way they actually are.  And I'm showing it to you for a  couple of reasons. If you compare it to the first sketch I showed you, you can see that Park Street has become a curve, which would be  the 95-foot piece.  MR. SABIA: Sand Street you're  talking about here?  MR. LONGO: Right here.  MR. SABIA: Yeah, one says Sand  Street.  MR. YANISKO: Yeah, one says Park,  one says Sand. Right.  MR. PARKER: I : should have mentioned  that before, too. Different places I looked for references for the streets, they had different names over the years. At one point  it was Anterim Street.    12  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  Another place I found it to be Sand  Street. And the current address that was told to me is what was mentioned in the beginning, 207 Park Street. So, that was why you're seeing different street names on it.  Thank you for bringing that to my  attention and mentioning it.  The other reason I'm showing it to  you is even today, a hundred years later, the alley showing, the 12-foot alley, the space still exists; however, it is an undeveloped alley. There's no : you can't traverse it. In fact, it's steep grade drop into it.  The other reason I'm showing it to  you is that Park Street, instead of going straight as you saw it on the original drawing,  it got connected to Sand Street.  So, to do that, they put a curve in  it when it got paved and that's how you're able to traverse it now. Anyone have any questions  on that?  MR. MCDONNELL: Well, correct me if  I'm wrong but that's a condemned alley, and I could be wrong, that technically would be divided and that could be given to each side.    13  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. PARKER: You are absolutely  right.  MR. MCDONNELL: So that's, you know,  that's not being cared for. I'm not sure exactly how it works but that would be :-  MR. LONGO: That's correct. MR. PARKER: The way you just  described it is the way I understand it  everywhere.  MR. MCDONNELL: Yeah.  MR. PARKER: Yep. If the alley were  to be deeded or given up by the Borough, each property owner would have rights to it who border it. And in this case it would be half.  At the turn of the century, I don't  know that there were any zoning ordinances, but of course today there are, and this becomes the dilemma for Padulas. And I'd like to make this  Exhibit 3.  (Exhibit No. 3 was marked for Identification.)  MR. PARKER: What I'm showing you  here is I'm showing you the extreme hardship    14  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  they are under in terms of trying to use the  property to construct a dwelling.  The outer black lines are the  property outer, and if you look at the tiny little trail inside of the red dashed lines, by the time you put the setbacks on the property that would be by today's standards, that's all the room you're left to construct. So, to try to put a dwelling within that envelope is just  about impossible.  And I'm going to give you a fourth  handout.  (Exhibit No. 4 was marked for identification.)  MR. PARKER: The Padulas would like  to develop the property by constructing a single family dwelling. The thick black lines, again, are the property boundaries which have not changed since the 1800's, and the red lines would be the footprint of the proposed  dwelling.  To try to alleviate some of the lack  of compliance with the ordinance, we have left    15  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  four feet on the alley side of the house.  MR. YANISKO: Right here? MR. PARKER: Right here. MR. YANISKO: That's four? MR. PARKER: Right.  MR. YANISKO: What's that right  there, though, is that eight?  MR. PARKER: It's a four little  foot :-  MR. YANISKO: Okay.  MR. PARKER: : a little foot sign  on it.  MR. YANISKO: That's a four? MR. PARKER: Yeah. MR. YANISKO: A11 right. MR. PARKER: And that would be,  again, just to the property line. But, again, in terms of impact, there's still that 12-foot space where the alley could conceivably be.  MR. YANISKO: Right.  MR. PARKER: Then the house would be  68 feet long, we'1l call it, left to right, and there's still a space of eight feet between the rear corner, right rear corner of the house,  and the property line.    16  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: That's the narrowest? MR. PARKER: Pardon me?  MR. LONGO: That's the narrowest  point?  MR. PARKER: The narrowest point,  yes.  MR. - SABIA: Yeah, but what's the  frontage? You're 95? Is that what that 95 is?  MR. PARKER: That's the property  frontage.  MR. SABIA: Yeah, 95.  MR. PARKER: And the house would be  68.  MR. SABIA: Sixty-eight. Yep. How  close to the front are you going to be?  MR. PARKER: They're placing the  front right on the property line.  MR. LONGO: Right on the line. MR. PARKER: Now, one thing that I  will point out to you, let's talk about impact. a already mentioned the alley. The impact to the rear of the properties along the alley, there's still a buffer, sO to speak, because  the alley isn't developed.  The right of way of the railroad, of    17  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  course, there's no impact to a person with a residence because it's a railroad right of way, and by virtue of the street being paved the way it was, if you look at the shaded area, that's where the pavement really is today. Okay? See the shaded area? See the shaded area here?  MR. MCDONNELL: Oh, yeah, yeah,  yeah.  MR. PARKER: That's where the  pavement really is today.  MR. LONGO: So, what is here, a  road?  MR. PARKER: I guess it's  technically borough right of way.  MR. YANISKO: You really can't see  the street because of the trees. Most of them are gone right here now. so, yeah, you're  pretty much :  MR. SABIA: You got a long way  before you hit the road.  MR. LONGO: Yeah.  MR. YANISKO: Correct. He's just  showing you that that's legally their property.  MR. MCDONNELL: The whole other side  is un-developable. You can't develop the other    18  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  side of the property sO :  MR. LONGO: And this is all -- I  mean, it's borough land but it's all :  MR. PARKER: When it was developed  as a park, the existing property, and if you've been up there recently, you can see the :-  MR. YANISKO: The blacktop? I was  just showing this.  MR. PARKER: No, no. I'm looking  for the little shed.  MR. SABIA: I was up there today. MR. PARKER: Yeah. Let's see if it  shows on the other drawing better, because you  would be familiar with that.  Well, you could see it vaguely on  here, but here's the little shed.  MR. MCDONNELL: Yeah.  MR. PARKER: It isn't even on the  property. So, that shed that you see there when you drive by isn't even on the property.  MR. MCDONNELL: It was a free for  all back then.  MR. PARKER: Pardon me?  MR. MCDONNELL: It was a free for  all.    19  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. YANISKO: Yeah. Pretty much. MR. PARKER: Now, obviously they  have a hardship. Obviously they would like to construct a dwelling. And in terms of impact to other persons or property owners, the impact, we do not believe, is that great for some of the reasons I just mentioned.  The other thing is that they are  getting rid of what would be a blighted area to the Borough. It's my understanding the park has been demolished for about 20 years or more.  So, all of that area is going to be  cleaned up and beautified with a new dwelling, which I would think the neighbors would be happy about versus what was there before for the past several years. And they're not impacting anyone left or right because of the  points I mentioned before.  Does anyone have any questions for  me?  MR. LONGO: So, you're looking for  relief for the front yard and both side yards?  MR. PARKER: Correct.  MR. LONGO: Anybody on the Board  have a question?    20  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. MCDONNELL: Yeah. Let me ask,  sO that's a big piece of property in the back there, and maybe if at some point they're going to put a garage or something, that should probably be included, don't you think, and he would never have to come back? Or if they were going to develop something in the back.  MR. LONGO: I mean, we could do  that. It wouldn't be - it would just be both  side yards for the garage.  MR. MCDONNELL: Right.  MR. YANISKO: Or just one side yard  coming in from the alley.  MR. LONGO: Either one. Depending  on where it's put.  MR. MCDONNELL: Right. But this,  you know, at least he doesn't have to come back  in. We've done that before.  MR. LONGO: Sure.  MR. MCDONNELL: You know? So, if  you want to put something in :-  MR. LONGO: Do you have plans to do  that in the future?  MR. PADULA: Eventually down the  road, yes.    21  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. MCDONNELL: So, put the  dimensions or what, you know, what you're -- you're gonna put a garage in, I guess, and then  we'1l include it and   ATTY. CLARK: But we would need  that :-  MR. LONGO: Thirty by thirty. Or do  you need more?  MR. PADULA: Thirty by thirty. MR. LONGO: And you can go smaller. MR. PADULA: Okay. But thirty by  thirty :  MR. LONGO: Thirty by thirty? MR. PADULA: Uh-huh. Yeah. That'd  be great.  MR. LONGO: Okay.  ATTY. CLARK: So they're just  amending the :  MR. LONGO: We're going to amend it  and then let them put 30 by 30 garage in with the relief from either one of both side yards.  ATTY. CLARK: Okay.  MR. LONGO: Any other questions?  Anybody in the audience have questions?  (No response.)    22  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: Okay. Looking for a  motion for relief for the house for both side yards and the front yard, and we're going to add a 30 by 30 garage relief with one or both  side yards. Do I have a motion?  MR. SABIA: I'17 make a motion. MR. LONGO: Peter. I have a motion.  Do I have a second?  MR. MCDONNELL: Second.  MR. LONGO: Terry's got the second.  Roll call. Peter?  MR. SABIA: Yes.  MR. LONGO: Yes. Gerard? Yes.  Steve Yanisko?  MR. YANISKO: Yes. MR. LONGO: Yes. Terry? MR. MCDONNELL: Yes.  MR. LONGO: Motion approved. Good  luck.  MR. PADULA: Thank you. I  appreciate it.  ALL MEMBERS: Thank you.  MR. PARKER: Thanks for hearing me  out.  ALL MEMBERS: Thank you.    23  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: Okay. Last on the  agenda, Andrew Fazio, 616 Jessup Street, seeking side yard setback variance to construct  an addition to the residence. Andy.  ANDREW FAZIO: Yes. Dan will talk  about it. It's his house. It's not my house,  but it's his house.  MR. LONGO: Dan, just go right up  and get sworn in and tell them your name.  DANIEL FAZIO, having been duly  sworn, was examined and testified as follows:  DANIEL FAZIO: So, I'm here to get a  setback variance for a bedroom for my daughter that was born in November. The issue being is V would be building close to the line. Two feet exactly. It could be less, but I put two  feet in just to play it safe.  Idid get a letter written up and  signed by the neighbor that would be the addition would be built on. He has no issues with it. He signed it. I gave a copy to :  MR. LONGO: I have a copy here.    24  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  DANIEL FAZIO: Okay. Saying that it  was fine. The addition would be built up in the air, sO there wouldn't be an actual structure on the ground. So, basically a couple posts that the neighbor would  technically see, but I --  MR. LONGO: And the neighbor you're  talking about is Paul Kwiec?  DANIEL FAZIO: Paul Kwiec. Yep.  Yep. I talked to him and his wife and they said whatever they need to do, you know, they have no issues with. That's why I had him sign the paper just to verify that, you know :-  MR. LONGO: So, your addition's  going to be connected to your house, it's going to be one story up and it's going to be like a carport underneath, you could drive under it?  DANIEL FAZIO: No. It'17 be just  like a walkway.  MR. LONGO: Okay.  DANIEL FAZIO: But like a carport,  yeah. I mean, it's just going to be open.  MR. LONGO: And then you're just  going to have posts :  DANIEL FAZIO: Posts on the ground.    25  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: : holding it up? DANIEL FAZIO: Holding it up. MR. SABIA: How big of an addition? DANIEL FAZIO: We don't have exact  sizes. I think it was off the house, it'd be like eight feet in the house and maybe, like, three or four feet beyond the house.  MR. LONGO: Okay.  DANIEL FAZIO: I think there was a  total of eight or nine feet on the side sO :  MR. LONGO: And you're not going to  go no more than two feet :-  DANIEL FAZIO: Off the property  line, no.  MR. LONGO: Okay.  DANIEL FAZIO: It will probably be  in a little bit more but :  MR. LONGO: In more than two feet? DANIEL FAZIO: Yeah. But I just  wanted to play it safe sO then there was no  issues with anyone.  MR. LONGO: A1l right. Molly, we  all right with this letter?  ATTY. CLARK: I added the  gentleman's name, Paul Kwiec. Is that how you    26  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  say his name?  DANIEL FAZIO: Kwiec.  ATTY. CLARK: At the bottom under  his signature. And I think we should make it an exhibit. I mean, it should be notarized, but we could go with his testimony, and the guy  didn't come sO :  MR. LONGO: Okay. Let's do that. DANIEL FAZIO: I could provide the  phone number if you'd like for him, also.  ATTY. CLARK: That's helpful. DANIEL FAZIO: Okay.  ATTY. CLARK: And I'm just going  to add it to this exhibit that we'1l mark  Exhibit 1.  MR. LONGO: Okay.  (Exhibit No. 1 was marked for identification.)  ATTY. CLARK: And he would have been  given notice of the hearing tonight, right?  DANIEL FAZIO: Yeah.  ANDREW FAZIO: I had the sign in the  yard.    27  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  ATTY. CLARK: Okay.  ANDREW FAZIO: They're still in the  yard.  MR. YANISKO: Can you just clarify  this for me?  DANIEL FAZIO: Yeah.  MR. YANISKO: So, the addition goes  from this line to this line?  DANIEL FAZIO: No. The way my house  is built, there's a big recess in here.  MR. YANISKO: Right.  DANIEL FAZIO: So it would go that  way. And then there would be the property  lines built out like :  MR. SABIA: Show me, too. DANIEL FAZIO: Okay.  MR. YANISKO: Why don't you draw it.  see the existing house.  DANIEL FAZIO: Right. And then the  house is built in here.  MR. YANISKO: Oh, okay.  DANIEL FAZIO: There's, like, a  recess  MR. YANISKO: That's the foundation  kind of?    28  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  DANIEL FAZIO: Yeah. That's the  outside of the house.  MR. YANISKO: Okay.  DANIEL FAZIO: But where this is,  it's recessed back.  MR. YANISKO: So, it's just right  here?  DANIEL FAZIO: Right. And then what  we're doing is we're building in this way.  MR. YANISKO: You can draw on it. DANIEL FAZIO: We're building in  this way, because that's open right here. And  then we're coming out :  MR. YANISKO: Okay.  DANIEL FAZIO: : that way. MR. YANISKO: Okay.  DANIEL FAZIO: And this would just  be, like, a covered porch or whatever you want to call it, and then that would be open.  MR. SABIA: Okay. And you're  building just a square right like this?  DANIEL FAZIO: Yep. Like a  rectangle.  MR. YANISKO: Yeah. On the second  floor.    29  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  DANIEL FAZIO: On the second floor.  We have to put in probably a post there, a post  there, whatever.  MR. SABIA: This was open before,  I'm assuming. Now it's still going to be open  because :  MR. LONGO: So, the actual part that  you need is going to be no more than 80 feet  you're saying?  MR. SABIA: Right here.  DANIEL FAZIO: Yeah, right here. MR. LONGO: Just from here to there? DANIEL FAZIO: Right. Because the  existing house is there, but there's a big, like -- the way the house was built, there's an opening up in here. So, like, there's nothing  above there. It was never used.  MR. YANISKO: Right. Yeah.  DANIEL FAZIO: So, I'm going to take  out that roof and we're going to build right  there out.  MR. LONGO: Got it.  ATTY. CLARK: Are you guys marking  that up? Did he write on it?  MR. LONGO: Yeah.    30  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  ATTY. CLARK: We should make that an  exhibit, too.  MR. LONGO: Okay.  (Exhibit No. 2 was marked for identification.)  MR. SABIA: That's it, right?  This -  DANIEL FAZIO: I could try to show  you a picture of the house sO you could kind of  understand where the :  MR. YANISKO: I pretty much  that's probably like a Cape Cod. That roof is a little bit different than the other side, sO  you're :-  DANIEL FAZIO: Yeah. It's down  instead of in the main part of the house.  MR. LONGO: I'm good with that. You  all right, Terry?  MR. MCDONNELL: Yeah.  MR. LONGO: Okay. Do I have a  motion to allow the construction of a bedroom not to be any closer than two feet from the property line, approximately eight to ten feet    31  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  out from your house?  DANIEL FAZIO: I think it's only  1 think when we : we figured six and a half.  MR. YANISKO: Six and a half it  says.  MR. LONGO: Six and a half? DANIEL FAZIO: Yeah.  MR. LONGO: So, not to exceed eight  feet.  DANIEL FAZIO: Correct. Yeah,  because I think there's only, like, eight and a half feet from the house to the line.  MR. LONGO: Okay. So, we'11 do six  and a half.  MR. YANISKO: That makes sense with  the map.  DANIEL FAZIO: Yeah. Yeah, because  it's two, six, eight and a half. Yeah. So, I'm only coming off from the house six and a  half feet.  MR. LONGO: Okay. We're going to  look for an addition to the house of  approximately six and a half feet, no more than  two feet from the property line.  DANIEL FAZIO: Yep.    32  1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  MR. LONGO: Off the property line.  DANIEL FAZIO: Uh-huh.  MR. LONGO: Do I have a motion? MR. YANISKO: I'17 make the motion. MR. LONGO: And a second? MR. MCDONNELL: Second. MR. LONGO: Terry? MR. MCDONNELL: Yes. MR. LONGO: Okay. Peter? MR. SABIA: Yes.  MR. LONGO: Gerard? Yes. Steve?  MR. YANISKO: Yes. MR. LONGO: And Terry? MR. MCDONNELL: Yes.  MR. LONGO: Okay. Motion approved.  Good luck.  DANIEL FAZIO: Thank you very much. MR. LONGO: Motion to adjourn. MR. MCDONNELL: Motion.  (Meeting adjourned.)    33  1 2 3 4 5  CERTIFICATE  - hereby certify that the proceedings and  evidence are contained fully and accurately in the notes taken by me of the above-cause and that this copy 6 is a correct transcript of the same to the best of my  7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24  ability.  Michelle Smolskis Official Court Reporter  (The foregoing certificate of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of  25 the certifying reporter.)