M s. Cipriani said now they must determine if the applicant met the standard for the D1 variance. The standard they must show positive negative criteria, special reasons and include application advances zoning purpose and promote general welfare. The conditions discussed that there would be consolidation of the two lots and drainage, so as to not impact neighbors. It would be used as a guest house and limited to no more than 150 days per year, except for owner occupying it during construction of Bear Trail. There will be shared septic, no bedroom in the basement of Pitney house and guest house would not be rented. The driveway would be closed off from Pitney. M r. Martins asked if public would be allowed to come up and comment and he does not know if the public understood. M s. Cipriani said that is up to the Chair. M s. Bradley said she has no problem opening it up to the public. M s. Jennings wanted to clarify that the part of the application with conditions do not apply any longer, they are asking for the variance to consider it a separate principal use. M s. Jennings said those were related to if it was an accessory structure. M s. Cipriani confirmed that the stipulations are lot consolidation, grading and drainage, no limit on use, there still will be no bedroom in basement, Pitney will not be rented and shared septic. M r. Rohmeyer added a comment that he does not see any benefit to requiring shared septic. M s. Jennings agreed this does not have to be a requirement. No additional comments from M r. Peters or M s. Tumolo. M r. Martins asked what variance the Board voting on. M s. Cipriani advised it is a D1 variance, would allow for two principal structures on one lot. M r. Heiman asked for clarification for what the Pitney house will be. M s. Jennings said it is a single family home for use by guests of residents of Bear Trail. M s. Jennings said it is going to be a single family home and they are agreeing that it will not be rented. M s. Cipriani stated the applicants intended use has not changed but if the property were to be sold it could not be subdivided because it would be creating a non-conformity. The property can be sold as a property with two single homes. M s. Tumolo wanted on record if the Pitney house is not owner occupied does it require CO from the town. M s. Jennings said he is the owner and his family will use it, and she does not think this is a land use issue, it is a CO issue. M r. Martins said distinction without a difference. M r. Heiman said he would prefer the stipulations that were discussed before but it did not meet the criteria for accessory. He is agreeable to the D variance.

Lot consolidation, drainage and grading, no basement bedroom in the Pitney Home and Pitney house cannot be rented

Ms. Bradley understands they can now move the pool over the property line and build their dream home. She also appreciates it will be in keeping with the character of the neighborhood. She would support D1 variance.

Motion to approve D1 variance / Bradley Second/ Rosal Vote and Yes Vote: Heiman, Martins, Rosal, Tremer, Cusano, Dr. Hofstein, Bradley

M s. Cusano recused herself

APPLICANT: ISRAEL BIRNBAUM (USE VARIANCE 3490) BLOCK: 14001 LOT: 9 LOCATION: 263 JACKSON PINES ROAD ATTORNEY: DONNA JENNINGS ZONE: R-3 ENGINEER: HALER/ELI HALPERT APPLICANT IS SEEKING A USE VARIANCE TO USE AN EXISTING TENTAS A SHUL WITH RELATED IM PROVEM ENTS FOR PERM ITTED CONDITIONAL USE, WHERE NOT ALL CONDITIONS CAN BE M ET. (CARRIED FROM 3/6/24,