if it is sold what it will turn into. Ms. Jennings said that it is an enforcement issue. Mr. Peters said the Board is entitled to ask for clarity and parameters for what a guest home is. Ms. Jennings said not to be used more than 150 days. The applicant agreed with that. Dr. Hofstein asked will the guest house be used when the pool is closed, cooking done on site, live in staff and parking. Dr. Hofstein is struggling on how they can place limitations on this. Mr. Silecchia referred to applicant's statement that he has a relative there that had recent surgery and what if they need a live in, will they use this house and allow them to stay there for as long as needed. The applicant said his wife would have a problem with that and there is a place in the main house for that type of scenario. Mr. Heiman is struggling with calling it a guest house as it has a full kitchen. He is struggling with calling it an accessory. In addition it has its own parking and direct access from Pitney. Ms. Cipriani said they are making this request mainly because of the lot coverage and pool is on the property line. Ms. Jennings agreed. Ms. Rosal asked if they were to change the house to something less inhabitable would that make a difference. Ms. Bradley asked when they demolish the existing house on Bear Trail where will they live. The applicant said probably in the guest house. Ms. Bradley said that it is her interpretation that it is not a guest home if the applicant will be living there full time while his house is built. Mr. Heiman said the guest house will have shared septic and would give continuity with the home. Mr. Back was brought back up and testified there is an existing septic that would remain and that both locations have existing septic. It will have shared septic at final. The applicant said if it would help if the two houses had shared utilities. Mr. M artins said it would not change. Ms. Cipriani asked if they would be willing to put a limitation of how many days in a row. Ms. Heiman said how it would be enforceable. Mr. M artins asked if Pitney home has a basement and usually a guest house does not have a basement. Mr. Tremer asked how many bedrooms are in the Bear Trail house now. The applicant said currently there are 4 bedrooms and the proposed house will have 8. He questioned they will have 12 bedrooms on 1 septic. Ms. Jennings said there are two acres and there is enough space to build the septic. Mr. Back, the engineer said they will be compliant with Ocean County Health Department. He also testified they will not be coming back for any waivers for septic. The applicant agreed for the guest house, there will be no one living in the basement and it will never be rented. The applicant agrees to that as a condition of the Board approval. Mr. Heiman asked if they call the Fire Dept how they will identify the guest house property. Ms. Tumolo wanted clarification on bedrooms in both houses. The applicant said there are no bedrooms in the basement and in the new house he is not sure. Ms. Tumolo said the Bear Trail house shows a bedroom in the basement near the locker room. Ms. Jennings brought the architect up to testify. Neftoli Gut, Gutvann Architecture, licensed architect State of NJ, duly sworn by Bd Attorney. Board accepts credentials. The architect testified there is a bedroom in the basement of the Bear Trail proposed house and total between the two homes will be 12 bedrooms. Mr. Silecchia asked about the basketball court on the Bear Trail plans. Mr. Gut advised it is indoor and they will be going down 18ft. Mr. Gut said this will help define the Pitney house as an accessory.

Open to the Public

Deb Jones, Hyson Rd resident, duly sworn by Bd Attorney. She has a concern about the term guest house. She does not understand why they don't just apply for a variance to move the pool. She feels there is no way the owner is going to keep track of the 150 days being occupied. She feels it is more of a bed and breakfast. The zoning officers are overwhelmed by the conditions and the laws. She wants to know the benefit to combining the lots. Ms. Cipriani advised it is more about the impervious coverage.