welcome everyone today's Monday December 4th 2023 and this is a regular meeting of the city of the Asbury Park planning board chairwoman KAC can you please call this meeting to order yes uh this meeting is being held in compliance with the open public meetings act chapter 231 Public Law 1975 adequate notice of this meeting has been provided to the coaster and Asbury Park Press by publication of the annual meeting notice and post which is also posted on the municipal Bolton board and Municipal website all notices are on file with the board secretary official action may be taken on the following matters before this board fire exits are located on East and West sides of the council chambers as well as the back of the building I will ask everyone with a cell phone or other device to kindly silence your device for the duration of the meeting this meeting is being recorded by APV please join me in the Pledge of Allegiance Pledge of Allegiance the the United States of America and to the Republic for which stands one nation under God indivisible liberty and justice for all I will now take roll call James Bano here councilwoman Clayton here Eric galipo here Jim Henry here John Moore here Daniel shano is absent Jennifer saer here Pedro trlla is absent Vice chair Michael goonan is absent and chairwoman Barbara KAC here all right um the we're looking at the agenda and I believe there's been a request for a [Applause] modification and Caris I'm here on both applications tonight um my request is to have the 527 bangs of Transformer hurt first that shouldn't hopefully take very long which will leave us with a lot more time for the other application on 700 mon okay that's fine um we are going to have it looks like it may be a a we have a lot on the calendar today on the agenda so we'd like to just keep it keep it brief keep it to the point and let's go very good Andy if I may just for uh jurisdiction purposes I just we just want to make sure the uh The Proposal is for which Lots associated with this application because your notice only refers to lot three that's all it and nine and 10 that is great we just want to make sure it's lot three the easan is going over lot three that's where the Transformer is okay so so with that uh for purpos of jurisdiction I have reviewed the um notices and the notices are acceptable okay and I notice both on the lot the other and nine and 10 yes yes I just want to make sure because two is in some some of the references and I wanted to make sure [Music] submitted yeah we just we want to make sure we have right Andre car the application just for the board's edification go this brief history as board is aware we here previously 57 bangs that was approved that application the original approved plans had on there on the front sidewalk and the right away assumed position of the Transformer in the sidewalk we're not able to do it within the sidewalk um there's insufficient capacity based upon jcpnl th in a back lot on lot three running a easement over to the 527 lot very simple we're not here for a parking lot tonight um there is a pending application on that that has been bated that it's pending before their mayor council that is unlocked to that par this for the Transformer is limited to the lot that I previously mentioned for which I advertised a lot for it and that's all it is to just put the trans warmer on that lot so we can power up the building at 527 have Joe name on the record you swear affirm that the testimony you're about to provide will leave the truth the hold truth and nothing but the truth yes I do and if you could uh uh state your name and spell your last name for the record please surely it's Joseph melee m l e and your um capacity for testifying tonight I'm a uh professional civil engineering the state of New Jersey Li um and while we're swearing them and I'll swearing our professionals as well you swear affirm that the testimony you'll provide this evening will be the truth the whole truth and nothing but the truth yes it is thank you all right so you've been admitted in s Jersey as an expert you're qualifi to testify R this application am I correct yes and I testified in Asbury Park before the sport cor all right I'm going to have you take a look at what's been marked as I'm Market is A1 and this a Mid-Atlantic plan showing the Transformer on lot R just for the record any objections to testimony as expert witness we good thank you I'm going mark it as A1 is dated 9 20 2023 there taking a look at what I Mark as A1 and today's date is the today is December 4 taking a look at What's mar A1 for identification this is the plan that you cor right sure yes it's a utility plan prepared by midatlantic signed uh by myself and indicating the the location of the transform and where's the Transformer Transformers uh close to the street of Summerfield Avenue located on lot 3 and you have the lines that Transformer running just SOL on lot three on two and 10 on bank right so that underground conduit uh from the Transformer would stay within lot three and extend to the uh Lots on the adjoining property and there's no revisions being made to 527 BS out lot correct no just we're here simply for this Transformer to be able to power up that building correct that's correct there were two reports that were generated again a lot of the report to CC before the so dealt a lottery dealt with parking lot we're not dealing with the parking lot tonight as I'm indicated we before the M Council that under Redevelopment plan for inter Park Lot you need to get approv from the May Council so that is before then um in the event that we do get approved for them we will then come back before this board with regard to that Park L that also serves as a reason why we don't have plants um around Transformer because once we for the May Council they may have conditions relative what they want to see around the Transformer that's going to be part of the parking lot so before we get ahead of ourselves let's not deal with that let's deal with the transformer tonight and then at a later time we'll be able to deal with any plantings or any scam for the Transformer um that's the extent of the test one I have with regard to this witness I don't think there's anything else relative to transport other than that any questions I know I know the professionals have questions but absolutely got it I'll start off if you don't if you don't mind uh so Andy or um Joe Mr M um the Transformer what's it going to serve it's serving the uh the building on bangs 527 bangs building okay is it is it set up only to serve that building yes it's not going to serve this lot um that's something we might look we we would look into to see if that Transformer is adequate to serve a future development it may be possible there's no development right now that's being planned for that lot that's why we can't say if it's going to deal with those lots it's only a parking lot park so I I I guess from a legal standpoint the question is going to become what is what is this Transformer what it it's it's a it's a principal structure for what it has to be a principal structure correct well when you look at the definition of structure all right when there are two definitions within the Zone one is re building which this is not because it's not being occupied so the other definition we look at is whether or not it is structur it's not being occupied but it is being used there's a question of then whether or not it's actually a structure because you have utilities all over the place normally you don't have to get planning board approval utility um but the difference here is it's a utility supplying power to another lot which is usually between the lot that it's on and the lot that it's supplying it would be it's between those which we have an easement for so if it's approved and I would draft up an easement like we've done in the past I've done utility ements previously and then you and I would work through the terms of that easement then you get that sign no doubt though there needs to be easement relative to this Transformer okay all right I know I'm sure of Don and maybe Doug has questions yeah so what about in terms of you mentioned briefly screening of the of the Transformer um how can we address that now is that I mean I understand there's a pending application why why don't we do this why don't we wait until have a determination for mayor councel if they determine there's going to be an inter parking lot there are guidelines within the CBD rev development plan that provide for an intern Park lot then the board has a discretion in terms of screening within that plan it's solely up to the board then on an internal parking lot so the board may have certain recommendations on that which we would then take into account obviously work through but we're getting ahead of ourselves because we're don't we're not before the board for into parking lot as this point right but but aren't we don't we want the utility screened CU you're asking us for a Transformer the location of a transformer so wouldn't we want the Transformer screened I'm fine if you want to get screening however as I indicated when we come back to the parking lot there may be an alter an alteration in terms of what you want so why don't we do this why don't we hold off on the screen as a condition of an approval here if we the mayor and Council decide not to allow for parking lot we would still come back to do screening for the Transformer so that means that the Transformer would not be screened for however long that will take well right now it's before the mayor and counsil I expect an answer relatively quickly um let me finish I expect an answer pretty soon we will be before them are ready for a presentation we presented before the mayor council as were required to do Under the Redevelopment PL once I get a response we then come back before the board to determine the screening we're going into the winter months nothing is getting planted now anyway with mons you would have to wait until the spring to do the pl so so are you saying that no matter what the mayor and Council end up saying whether it's a parking lot whether it's whatever they choose say no to the parking lot or whatever you were screen no matter what well we would either way either if it's an intern parking lot we would still have to come back before the board two right when we present the parking lot and we can go through all the screening taken into account Park and what if it's not going to be a parking lot then we would agree that if they don't allow we would then come back for the screening so you do screening either way either way you could just could go a little quicker and just do screening now but it may change depending upon the parking L we we understand that how how long understand let let me let me finish how long do you think it would take for you to get a determination from mayor and counsel hopefully very soon we ready to did our presentation I'm waiting for response well I mean what I'm wondering for uh the board purposes as a condition would be that we would set up a hearing for screening and no matter so that it's on the record they don't have to Reen notice for that unless they're coming back for the full parking lot and screening at that point um and set that date we could set that date now and say I don't know if it's March M uh 3 months whatever whatever is whatever next is available yeah I mean I I would say March is a is a ideal time if we're talking about planting mhm um so if we set if you set that time frame as they have to come back for that hearing for just screening alone or by that time they have to come back before us for what they're proposing with the parking lot the the issue that that I have with that is the fact that if they do come back with a parking lot now we've now we've created a date that now everyone our professionals have to run towards when they don't have the information to be able to create their reports in time no no we don't because what's going to happen is if they come in for a parking lot they have to do notice so that's going to be that's going to be scheduled within whatever Marice says a sched either way we have yeah they're going to have to notice for the parking lot but if it's strictly coming back for screening because there hasn't been decision by mayor and Council and and the applicant on the parking lot or any other proposal for the for the lot they're going to have to come back here to address that so what we're not waiting months and months and months on so um What were what was your concern Don well I I don't understand what the parking lot design has to do with the location of the Transformer screening the objective of the screening is the view of it from the street effectively and it is you know if we can get Mr melee to put some testimony on about the location um it appears that you know it's there right it's about 8 ft from the property line mhm uh it's not likely to be a parking space MH in that area because that's not a a permitted location so why can't we just figure out the screening now I agree I don't see a reason why we can't do the screening now um I just need a second no go ahead planning to screen the Transformer do you want to wait H do you want to wait I'm okay um so just you know I've got a lot of stuff in my report but um can we just clarify um so the Transformer is is there correct and it's a 500 yeah uh KVA KVA transformer that is only going to serve 527 Banks as far as we know at this time now right now yes correct um and how how is it serving 52 of that an underground service line yes underground uh secondaries from the Transformer through through the through the uh lot probably runs 80 ft or so 80 to 990 ft to the uh new building 527 have the transmission lines already been installed I uh trans I don't they're they're just they're just secondary Services I imagine they have been right should someone know well I'm you may not know I mean yeah I'm I'm asking only because the the plan that you we're referring to shows a location MH well we're showing items as if they're proposed but they're actually existing okay well except that the the photo the photo of the property in Donna's report shows that parking lot torn up closer to the property line yeah so and I think do also did a site inspection his observation was that the line is actually running along that easterly property line not in the middle of the two lots line of lot so if you're not in charge of any of the constructions you may not have that knowledge we some else I can update I can update the plan but it sounds like it's still located within lot three in its entirety the way you're describing it yeah that I don't think that's necessarily the issue it's just the location on your plan might be wrong yeah so we'll have to we double check on that but it is on that's going to be important when we draft an easement obviously we want the easement to follow the existing right because we also have in in the application file the grading utility and inversion control plan from Burton engineering that's revised 10423 and it shows a different location for that service connection okay this is the location that So the plan by Burton engineering should be disregarded the only testimony tonight is by on A1 right but then that has to be disregarded and probably stated in the resolution that that should be disregarded because if somebody looks at that in the file yeah they see two different things but no what you do is when you present an application the only evidence that goes in is that evidence that we have provide a testimony on and that has been marked as an it's already in it's in the file corre it's not before the board as an exhibit if you want to do it that way I'm fine with that but just so we know anytime you ever go to court on one of these things they don't look to see what's in the file they look to see what has gone in before the board has been said but it sounds as though neither one is right it is pretty common I would say but but what's correct because the picture that I'm saying here does not look like this we will we will update our plan to show the actual field location of the Underground on to it but it's very common on design plans at any early stage you don't know where PSG is going to actually install the underground cond but it but it's already in what my point is is that it's already there and this is wrong it's on that's my problem it is on lot three and what matters is when we do the description for the EAS we will get a description the engineer provides a description and then we'll update the plans that gets attached to an eement which work at as Council that then gets f it's Crossing all right and as far as the resolution will say is that they must verify and confirm that it's within lot three because if it's not this whole meeting is void and they have to come back before us because we didn't have jurisdiction to hear it right but can can I ask if that it's it's supposed to be in lot three right now yes it is in lot three but it is not where it says it is is that relevant um I would think it is I think well I think the testimony is the fact that it is is underground okay that's that's probably what's relevant um although if the board has any questions about how this might interfere with future development of the property whether it be for a parking lot or for U you know multif family building or commercial building that is a fair question if someone wants to ask that okay may I make a suggestion why don't we consolidate Lots 910 and three and solve that problem they're two different entities and there's no reason to consolidate this ultim this ultimately may be a separate development law all right so you can't cons it it is not even feasible to consolidate these laws from your standpoint it is number one is it's not you have two separate entities that own these separate Lots so number one you can't have consolidation just let me finish F because you have two separate entities number two there's no reason to consolidate because of development lots and ultimately these Lots at some point sometime in the future are likely going to be developed how are they going to be developed we don't know but at some point in the future they will be developed and if you consolidate the Lots then you're impinging and inhibiting the ability to develop what is now hopefully going to be an intern Park on lot for the near future so if you decide at some point in the future that you're going to develop these Lots is that going to interfere with service to we're going to have it's going to be an need you're going to have the Transformer there we're going to have to develop around keep in mind this diminishes the value of the lot but you got to put the Transformer somewhere you need power to the building and it's not feasible to do it on bang act they don't have transmission it's sufficient transmission with the utilities on bang act jcpnl so it has to go somewhere you need power for the building this where it's going to go is it ideal for the entity that owns this lot no it's not but we're going to have to work around that at some time in the future if those lots are going to be developed but you need power of the building is it normal for a Transformer to be installed before it's approved by anyone that you can is that a normal practice I from people that have done this before cuz this sounds a little offbeat no we did 5:45 Lake remember the Transformer went in jcpnl dictated where that Transformer went right um they put Transformers all over the place they don't ordinarily they don't come for the planning board but they put Transformers all over this the first time I've ever had a go before any board just to a Transformer to be installed but we're here it's fine we're here and we're dealing with with the Transformer now um but ordinarily when you have Transformers that are installed jcpnl dictates it and they get installed I mean they're generally in the right way not on private property that's not true go down Lake app none of them are in the right well you you said 545 that was St the right away okay then you can go to 527 Banks that's not the right away that's actually problem I mean 527 527 late 527 late is on private property is not the right way um that's where JCP install so can you um talk a little bit more again you know we we um received the the correspondence uh between second Enterprises and JCP um but it seemed a little um a little one-sided is there is there insufficient capacity in bangs Avenue and who or is there anyone who can actually speak to that before we have anyone else come up is there any other questions for Mr melee because we might have to open a public one or two quick on um I think this was already addressed I just want to confirm nothing is proposed in the city right away corre correct and there was a comment on our in our letter regarding that sounds like the plan will have to be updated to show the proper location um so that so that leement can be accurately shown um also can a pement repair detail be shown on the plan I understand there's some trenching that's already occurred but I want to ensure that uh it gets repaired properly to being a parking lot as it was yeah no objection we can we can put that into the requirements any any other questions from the board members yeah I I just have one other question how did this all occur the original approval was for a vault on bank no it said assumed location was on Bank okay and that is what was agreed upon it wasn't agreed upon that was Jason we're playing semantics we're not playing semantics we weren't we didn't agree upon the intent was to have it on bangs app was it an agreement okay we're going to put it there we don't dictate that JCP and out they don't have and I'm going to bring up Mr bod it they don't have the capacity to be able to do it at that location L that go in or sufficient for the building the indication was on the approved set of uh the approval that you got the Transformer was going to be on in under the sidewalk bangs Avenue in the red okay whatever the reason was for jcpnl not being able to accommodate there they decided where it was going to go how could they decide where it was going to go on somebody else's property we we worked with them they okay so we had to come up with idea where we can put it to get power to the building since related entities to my Cent own the properties in the back ah I thought you just told me that they didn't I said three can I let me let they're separate legal entities in the law when you have separate legal entities that own the building all right are they related yes under an umbrella you have some people that have common ownership by law there are separate legal entities because of that my client was able to get the Transformer and find the location for it on that site on the back of the property on Summerfield Act is it ideal for my client no it's taking up room on another site but we need power to the building that's not my question my question was how come you never came back to the board said jcpnl let us put it where we have proposed it and now we're proposing it on a different lot by somebody else that's what we're here for to no we're here because it's already there we had we had to get power to the building I put this in I made this request months ago more than a couple months ago it takes forever to get before this board I'll be completely honest with you trying to get before this board to get applications heard is an absolute nightmare trying to get an actual date and get things before the board this was going back God knows how many times you got to get this all right we get it no we don't want that we want something different no you got to split that out of the plan this has been going on for I can't tell you how long all right before the Transformer was there I started trying to get this before the board so you know nothing personal we're not at fault for this thing taken so long to get before the board every application I try to get before this board takes forever forever all right we were timely in trying to get this thing hurt all right I submitting plans are submitting all different things take it out take this out of the plan put this into the plan this is what goes on all right not my fault it took this long all right we Tred to get before this board for a long long time we are here now you need power to a building we're entering winter we got to get power in there it's essential you build a building it has to have electricity we had to put it somewhere again it's not ideal it diminishes the value of the site that it is on we'd rather it wasn't there but we had no choice it had to go somewhere and needed power into the building that's why we are where we are and I apologize for being so I'm not going to say you know I it's what I deal with trying to get applications here any other questions from board members any references from board members as to whether we wait and provide a date and for the um to to uh conceal the Transformers or uh to Shield them or is it okay that you guys are okay with us waiting until there's a reply from city council and give a date in March that we have I think that whatever the next day we have which is like the first week of March or something like that any preferences you want to add trees right in front now whatever what whatever you want to put in there my concern is after thinking about it a little bit is also that if you're going to be doing something to that lot the chances are that something's going to get damaged you know there's something going to happen to that lot that you're going to make it make it a make it a lot parking lot or whatever you're going to do to it if we put something to Shield it right now I I hate I hate I hate to waste Landscaping I hate to waste I agree so let's um if everybody is okay with it I would like to propose that we go with what U Mr beakman suggested and we do it uh with a firm date that we have no matter which way it goes with the councel for the plantings yeah does uh are there any other questions from the professionals any open up the questions to the public any questions from the public on this on this testimony okay uh do we Donna deise still would like to get a response on um for that one question you that's that's for you guys but I I personally don't understand the question so I don't know if I really want to know Mr Carris has stipulated as part of his um explanation was that they have no choice it has to be there oh yeah that JCP so you know I don't know that there's anybody here you know only maybe only jcpnl can answer my well let me see I'm going to turn I can't provide testimony let me have my client come up then so we actually get her okay don't sit yet just do you swear orm that do you swear or firm that the testimony you're about to provide will be the truth the whole truth and nothing but the truth yes and for the record state your name please first name is Greg last name is V vck and Victor o t is and Thomas T is and Thomas a thanks sir Mr V what's your relationship to the applicant at 527 Anga a senior project manager for second and you're familiar with the project that's going up 527 B yes in terms of the Transformer you're familiar with the Transformer and trying to get power to the building am I correct yes what should explain it um as you had stated we there was a um under oh sorry yeah not to repeat what was already said but there was an assumed underground Transformer location um after having jcpnl confirm what the existing Transformer in front of the building contained it was determined that there was not enough Transformer capacity to feed 527 bangs in conjunction with the other buildings surrounding the area that it was feeding um and they had at that point determined that a dedicated Transformer was required to feed the building so does that um Transformer still exist and serve other buildings today in Avenue okay yes it does so the issue was it didn't have the capacity to serve the 527 Bank in addition to the other ones that it currently fees as well yes so the vault is in fact there yes with a Transformer with a Transformer yeah yeah Transformer yes sorry so there can't be another Vault with another Transformer there aren't lines yeah there's there's no primary yeah there's no correct there's no primaries on bangs out that would have been able to accommodate an additional another Vault let's say next to the one right correct we're coming from other direction or correct yes or on Emory yes we inquired about there's a Transformer behind Pascal be but that was not that Pascal be yeah right there but that was not able to accommodate what's that yes on their property though correct so yep okay does that conclude your testimony any questions from the um from planning board based on this testimony any questions from our from uh our Professionals for this based on this testimony anything okay any questions from the public based on this testimony okay thank you all right okay uh any comments from uh planning board members regarding this request any comments any comments from our professionals that we'd like to make all right I'd like to open up uh public comment I need a uh motion motion motion anybody comment no no public all right let's close uh motion to close comment public comment move to close second okay all right so um can we get a uh a date for uh them to come back for uh just the uh um March 4th 2024 so either way no matter what happens with the council that you'll come back for that are there any other was there something else Doug that you wanted to make sure that was included U there was a couple other things here had Jeff I think you had them already the easement CLE detail and Plan update to show the correct location of the Underground transmission line okay and that Plan update just it must verify that the service line is in fact within LA right and it's also that that we get updated plans that for the easement to be accurate yes okay anything else that we need to add to this are you okay Mr Bean I'm fine you want me to review a few things sure go ahead okay so as Doug just indicated um any approval would be subject to an easement uh between lot three and lots 9 and 10 in Block 30101 that will be uh drafted and subject to approval by the board attorney and engineer um there will be uh a screening application made um or uh provided in advance of a hearing on March 4 2024 unless the applicant is coming back for additional development on that property um which might include a parking lot uh the applicant has indicated that there is nothing proposed in the city's right of way on either bangs or summer field uh the applicant has agreed to provide a pavement repair detail uh to be shown on the final plan subject to the approval of the engineer uh the applicant I'm sorry um and that's it that's all I have all right can I get a motion to uh approve this application with the uh the mentioned uh requirements move second John uh May and yvon sry for screen um James banano iote for this because I wasn't part of the original plan you it's a it's a fresh application yes um um councilwoman Clayton yes Eric Galo yes Jim Henry yes mayor Moore yes uh Jennifer saer yes and chairwoman Barbara kurac yes thank you all right if I can have two minutes before I get to the next we're going to Monroe [Music] now turn should anybody be like getting stuff together and getting ready well I'm not seeing anybody here putting anything together are I'm not sure what we're waiting for but we're waiting for something and I see nothing happening Friday or Saturday we watch they're out conferencing I could have been done all those weeks that we were waiting for a meeting just see what he has to [Music] say all o do [Music] record where this one is MK you he's still talking I knew that's just like I get here are we ready are we ready to get going it used to be all [Applause] we ready we're ready we ready Mr car okay Andrew Caris again on behalf the applicant Monro Avenue realy LC we you're continuing with the application from 700 M AB block 2503 ls5 um as a board as where we've been before this board a number of times on this application um we have further revisions based upon comments from the board last year to all the plans in the matter um I have Joe back up as my witness so if we can have been sworn in again on this application and I think you have been sworn in the past but you swear affirm that the testimony you'll provide this evening will the truth the whole truth and with the truth yes I do and our experts have also our po professionals rather have also already been sworn okay let's go all right Jo you're familiar with this application I correct yes that's correct since the last hearing that we had on this matter you have provided updated plans um that are here up on the board and have been submitted to uh the board's office am I correct that's correct all right so what I'm going to do I'm going to Mark these and I think the last marking I had is a17 so this would be A8 for identification we're going to Mark M Atlantic plan is a18 today's date is 123 and we have a last revision date am I correct 113 2023 that's correct all right taking a look at what's marked is 18 why don't we go through revisions that so yes at the at the October meeting I did give extensive testimony on the overall site plan um layout and such and generally the plan is uh you would almost not detect any of the changes uh in terms of the building layout and and and such um but you could see um if you were to flip just general overview of the of the layout if you were to flip to the third plan the site plan uh you will see a little bit of an offset Dimension if you were to compare the new plan to the old plan you you really can't detect it by eye but it is dimensioned along both frontages we set the building back uh 3 Ines from uh both um Monroe and Main Street you could see a dimension on uh one of the corners here along the edge the 0.25 um we removed as as was suggested at the last meeting we removed the planter beds that were situated along long Monroe Avenue we had uh uh planter beds up against the building now we accommodate a wider sidewalk so it's essentially sidewalk from the curb to the uh to the building uh we indicate although we we testified that it was something that is on the architectural plan but not shown on the engineering plan along this back building wall where the parking garage is situated on the lowest floor level uh we described basically like a half wall that extends up and the remainder of that wall is open but there would be fencing there like chain link fencing for security purposes so we show that the X's represent that kind of fening that's sitting on top of the wall you'll see it much clearer with with the renderings that are presented later it's more of an architectural feature than engineering I just figured I'd bring it up as a as a change um the internal layout on this floor plan is is tweaked a little bit you could see on uh if you were to compare again the old plan versus the new plan putting them side by side you would see um the parking spaces that are fronting along Monro Avenue inside the building uh we have 12 parking spaces there previously there were 13 and the reason for that is we shifted where we had the this is architectural again uh where the utility room is was a utility sltr room and now we split the utility and trash room and what's happening on the uh northeast corner of the building is purely utility room and then we have a separate trash room along here what that did to the parking is it shifted one of the parking spaces from this Frontage as I'm pointing along uh the the Monroe side of the building to the east side uh where we had five parking spaces now we have six so we we shifted a parking space from one side to the other essentially uh the layout is is very identical uh the uh lighting fixtures inside the parking garage it was a comment from from either the engineer or planner or maybe both um stating that uh they it was it was important to show more lighting extending to the property lines and such and a comment that the lighting might be a little bit on the high side so let me just uh zoom out here I'll shift over to the sheet eight if you were to compare the lighting plans side by side you'd see a lot less uh uh ceiling mounted fixtures inside the parking garage and that's to for us to be very sensitive to light spillage at the property line so uh you see the number of uh lights on the prior plan in in the ceiling there were 16 lights and now we have 11 and you can see the light light values at the property line are essentially zero1 foot candle is is I I think Moonlight is is higher than 0.1 foot candle so it's it's very low at the property line um another comment that came up from from the last meeting in October was the um plantings to put uh some ground cover along the back end of the building uh so I'll shift over to sheet 10 so you can see we still have the street trees along Monroe that that hasn't changed but the species of tre Street trees based on your recommendation were changed to uh I I forget the name that that was specified the hack Hackberry yes the hackberries so whatever street tree the uh City prefers we're obviously going to put that there but the main comment was in the back area of the building wrapped around basically we had um essentially rocks or mul was either either um Stone um Riverstone or mulch in those areas and the suggestion was was to go with uh Pennsylvania sge so we went ahead and made that change wrapped around and there's a comment to mix it up not just have p s we have no objection to that correct not at all can I just make a quick comment on that um because I know that was I know I was the one talking about cars the whole time and then I saw the comment in the report from um this is the only time you probably ever hear me say that is the one species I have no issue with there being a monoculture because it does in its own habitat that's how it like having it'd be so much more simple for them just to have the one and it does all the ecological things it needs to do I mean I have no issue with adding different car but it's going to be simpler for them I think to just it's like a la it looks like a it's an a more ecologically friendly lawn saying um just my we're good we'll go with either recommendation I just think it's simpler because it's that it kind of acts as a lawn that way they mow it twice a year and they done you know so the suggest is to leave it as one um species that's my opinion that's said okay are you okay with that or um and uh and lastly one of the comments was with respect to the storm water management and you heard me testify at the last meeting quite a bit about the green roof the Intensive versus extensive and here we're providing an intensive green roof and one of the comments that came back uh was the plantings and I'm not a landscape architect we do have a landscape architect here and and this same landscape architect helped us and guided Us in preparing this new green roof plant and presenting or specifying the species that would be um reasonable to uh provide for an intensive green roof so we still have an intensive green roof which is the uh I get how to describe it it's basically the heavier gauge of the different types of green roofs that you uh intensive versus green as intensive versus extensive but we provide different species based on the recommendations of our landscape architect uh and we also ran storm water management calculations and although this is not a major development this is a minor development so storm water attenuation is not required but we did provide a report that shows that the pre to post meaning the site after it's developed will actually based on calculations have less less storm water runoff into the streets than than what's existing there today so that's good news as well for the storm water okay and those are basically the extent of the revisions that were made to the plans engineering wise am I correct that's correct all right what I want to do is we have a few reports that came in one from Insight one from C and I believe we are on b66 so I'm going to Mark the Insight report rep the six for identification today's day 123 202 12 pleas notes it's my brother's birthday tonight and then P seven is going to be the CCH report is day 124 2023 just for board the inside report is dated November 17th 2023 B6 and B7 b68 report is dated November 28th update November 28 202 all right going to the inside report um first I just want to go through a few things in here um it mentions on the first page about the five EV charging stations there's a comment C report about six as required we're fine do the six um so we will do six EV uh charging stations they they'll be constructed in staging phases according to the statute I think we're going to do it going to do it all up front it's only six so we might as well uh number five I think you want to flip to where uh I didn't mention the phasing plan that that is uh it's not anything relevant to the development but it's more of a construction operations type plan uh we did present an exhibit at the last meeting in October that was a logistics construction phasing type plan we we bake that into the plan set this time around so it's part of the set and that that you you would see if I had the if I didn't go to sleep here um might need you so that's part of the plan set now but the in terms of what's shown on it it's very similar to the exhibit that we um presented to and and uh discussed at the last meeting are you okay with that Doug yes I and forgive me because I believe Jason did the last meeting but reviewing his notes from the meeting there was an agreement to accommodate correct um school children the on the sidewalk there so just want to make sure that was still yes right and then flipping I guess to the next page number nine uh the the uh two parking spaces uh regarding this is basically regarding the variance for parking obviously this is a Redevelopment plan two blocks away from from the train station and we went through those proofs and we'll have some plan testimony in addition to that also we could flip over to page 4 of 10 uh lighting revisions we talked about number 16 treatment works approval yeah we're going to have to go through other other entitlements other permits on this application including Dot and and uh D in terms of a tww 23 was a storm water management uh discussion we talk about uh 15 oh sorry sure just a comment that um I think the light fixtures were proposed in the city RightWay so it's minimum Whatever It Is Well you're talking about like a franchise agreement or something of that nature yeah anything that's in there is subject to an agreement with the city okay so yes um we we went to 23 which is the storm water management comments and one of the one of the sub comments in that comment is with with respect to uh do being involved for any type of utility Connection in the state highway that that's obviously uh something we would have to proceed with okay in terms of the green gr will provide additional testimony if necessary just to confirm um so the report pre uh post-development rates will not will not exceed predevelopment rates at any point in time that's correct we ran calculations for the 210 and 100 and the percent reductions 12% for the 2-year reduction 15% for the 10e and 37% for the 100 Year these are reductions that will occur if you compare the runoff of the existing site to the theoretical proposed site okay and then um yeah the comment they made regarding the Intensive versus extensive um some of the material depths of the of of planting suggests that it's an extensive system just by the D has certain guidelines in terms of what's extensive versus intensive and based on the material depth of less than 6 in it suggest it's an extensive system um so I just wanted to make sure you know that the board's aware of all of that and um you know if certain plantings can only be proposed in whether it's an intensive system or extensive system I just want to make sure we're all on the same page here that um that the plants can survive you know absolutely lied amount of planted dep that was that was a comment at the last meeting and um our office put together plans that showed the extent of the green roof now we prepared plan bowler actually prepared plans and our landscape architect for the project got involved and they specified different species I'm assuming that those are adequate now for an intensive green roof assume because because they put that together so so which plan is going to control the bowler as far as the green roof the the the vegetation that's specified is the bowler plant are it should be consistent with respect to the areas those all should be the same no and we'll have Tes from B and still on no objection to filing of the manual the property that's fine uh we testify to the Turning movements I I describe the one change in a parking space from from the one strip of parking to the other side that doesn't change the maneuvering uh of the vehicles within the parking area uh 25 has to do with the planter strip in the front that that I already mentioned 28 uh is that the phasing plan that I already mentioned is in part is set 29 is the uh sewer connection 26 yeah Consolidated Lots yes we agreed might have already covered some of these yeah that's okay uh 31 with respect to monitor Wells those will remain and they will they will have access to those monitor Wells underneath the building in the garage in the garage um additional considerations on page seven we went through the lighting levels already confir my teson am I correct yes and then C is the green roof the tree um the planting mix on the green roof we talked about as well and the ada8 parking stalls are complied am I correct yes good with yes I think that covers pretty much even in the CCH I don't think there's any additional engineering issues that we need to [Applause] cover one comment with respect to EV spaces was in CCH but we covered that already and the screening so we talked about those things so how many parking spaces are there versus how many are required2 required 26 are being proposed 32 after the I think it's 36 so 32 are required plus 88 so that's 34 that's with 88 that's within [Music] it right so we're short six bases did we um and I don't know if you're going to have someone else have this discussion but from what I recall that there was an issue with windowless Bell bedrooms are we resolved that's resolved we'll have our architect some speak but that's been resolved there Windows near the bedrooms okay okay yeah that was a big concern of the board I recall right so the all unit right and the setbacks will somebody else talk about the setbacks M um noted that the footprint is the same except for where they adjusted along Monroe and Main to provide two inch or something like that or three inches but effectively the the lck coverage is pretty much so is the lot coverage used to be what used to be 100% what it's still pretty much 100% 93 or something yeah the impervious the uh Max is at 90% we're at 93.3 and the lot coverage is ma of 90% or 92.1 [Applause] I've got a couple of questions go ahead uh on the uh south side of the uh property you indicated uh a chain link fence correct uh as integrated into the wall correct integrated into the wall yes okay so it's not going to be offset from the building it's uh no it's I I understand it's integrated into the wall you'll see better renderings of that and a diagram from the architect okay but my understanding is it's sort of like a a stem wall that comes out of where the parking lot parking garage ends there's a stem wall maybe it's 3 ft high and then from there a chain link fencing uh in the building incorporated into the building it will provide testimony I'm sorry we'll have testimony on that okay um and what's the setback that that's on the uh the uh Southwest leg of that building um it's all along the South Side as as the building meanders it's all along that edge all right watch don't you indicate that on the plane work plan is and it just it just is on that uh to cover the openings in the uh garage or is it higher than that it's covering the opening okay and what's the setback uh from the uh property life to that uh stem wall why should go both on the long portion and also on the portion that shuts up yeah so you could see uh also on the east side is it yeah it's also on the east side that's that's open as well Park so even on the East you could see this the setback primarily over on the west that West uh projection Southwest southest yeah that that's zero so that that's right on the property line yes okay and then you have the 5.67 which is 5 foot uh 7 in uh actually 8 in 5' 8 in along this Edge right here 5 1/2 ft along the south side and then um you have 5.2 ft at the ground level along this side of the building or east side Don is that excuse me is that setb uh acceptable but I'm my concern is that you're going to have a 5 foot area back there it's planted uh but uh well the plantings be sufficient uh will they die because of lack of sun will they uh is that just a place where we're going to collect garbage no no no um that was a concern at the last last meeting where we had made the recommendation to do plantings instead of another type of ground cover so that Pennsylvania sge actually will adapt back there pretty nicely okay it's a low maintenance type of vegetation my understanding I just don't want that to become a area where uh well that's you know that's a maintenance issue regardless of what we do design they still have to maintain it okay any other questions from the planning board members on this testimony any questions from our professionals no any questions from the public for this testimony no okay you open to the I [Applause] before you sit down oh sorry I where you went you swear or affirm that the testimony of bre provide will be the truth the whole truth and nothing but the truth I do and if you could state your name for the record and spell your last please sure Michael dwire DW y r thank you m can you please give the board the benefit of your qualification sure I'm a licensed landscape architect um have been for since 2015 uh right now I'm a project manager at Bow engineering I've been practicing for over 17 years uh and I've testified before this board and other uh jurisdictions in the state of New Jersey as long as everything is current everything is cor everything is current yep okay thank you um Mike I'm going to have you take a look at what or is it up on the board yet let's get up on the board just do this [Music] sorry okay I don't can you put that right into technical issues so is extra parts this is going to be 94 2023 it's going to be the bowler play with the date of I have to take a look at what is up on the board we remark that is a19 and do we have a revision date or a date of that uh yes this this plan is titled uh green roof plan sheet l01 and it's dated November 6 2023 okay and you're familiar with this plan yes help work on this plan yep okay all right why don't you go through what it is that we're looking at on this plan which provided sure so through through all the hatched areas kind of like the weaving patterns that represents different types of uh plant material um that is uh proper for a green roof installation uh there's as indicated 6 in of soil which fits the definition of intensive green roof uh that will allow for certain storm water retainage uh basically the function of this shallow root depth is that the The Roots will form a network uh to be able to retain uh along with the soil retain water and so forth uh and Thrive uh as they are native and adaptive species again suitable for this type of climate um what you see here on the plan is the majority of it is at the roof level and then we also have the smaller mezzanines um that are above the uh the or adjacent to the outdoor Terraces as they are highlighted in the dark uh black dashed areas so this would be the the popups on top of the building those are also have green roof on them so so for the most part that green roof is going to be the nearly the entire roof of this building correct okay I have one quick question because I think maybe part of the confusion when it's so the green roof tray system um I mean I see all the plants that are as they are so those the sections like with the crosshatch that are says green roof tray and are th and those are going to have the Sedum or is that going to have more than the Sedum that will have more than the sedum but then the swats are um and basically you're calling everything on everything that we see is a green roof like everything planted but then there's a section that'll just be trays and then modules and then another section that won't be modules so the the smaller areas that are on top each of these mezzanines those will be trays because of uh the access to them and installation of those once the the building is constructed I see so the where it says green roof tray system tip that's that whole section will be uh a tray system just for the each of these smaller areas yeah right but regardless of the hatch so I think that's part I was confusing me at one point because the um you know you have like 207 uh esclipus and then next to that that's one hatch and then it shows green roof Trace system but the es it'll all be in a trace system up there on top of that yes got y yeah we we would work with the or the manufacturer will work with the plan in order to still um be able to lay lay out the plants this way even though it's in a tray system so I mean it might look you know a nice sweeping curve here but it'll be a little bit pixelated when they go to to plant it because it's one by one trays I understand that Mak sense and I think the six in thing I think that's only the why there was maybe confusion there too because the you know it shows five right of soil 5.02 I mean yeah we we can make sure that that says six I don't I think it's only if the D because the 6 inch I know that that is a threshold I don't doesn't I mean I've done GRE roofs with 6 in that has all these species that have been fine but it's like some they call it semi-intensive whatever I don't unless it matters from the perspective no I think um basically the 6in threshold qual can qualify for both extensive and intensive it seems as though six in is the minimum required for intensive so I think it's okay agree so who's going to make that call D accept no uh the DP does not have jurisdiction here St water okay as as a best management practice let's sit in the BMP uh bmps through d at 6 in minimum so I mean we can make sure it says that on the plans and that way we're we're aligned and it's at 5.02 so yes that's all I have so yeah just um so what I had asked before about which plan is controlling so um in in your plan you have uh basically a cut cut out for that um little walking path in the South part of the building and um uh M Atlantic's plan kind of washes over that path so um just you need to make sure or whoever's you know controlling that both both plans are going to be uh in safe am I correct there's that path that's indicated on your plan is what's going to be devel on the site am I correct correct yes we're working closely with layout and the plantings and and we'll make sure it gets Incorporated correlated to the ins to sorry um okay any other questions from either board members or professionals regarding this testimony no any questions from the public regarding this testimony okay thank [Applause] you don't sit down huh cuz he already stand up [Music] [Applause] You' already been placed under us so you understand that the testimony you're going to provide this evening will the truth the whole truth and nothing but the truth yes thank you and state your name again for the record OB II OB last name is AI thank you OB you familiar with this application as you provide a testimony on different variations of plans before this board relative to this application am I correct yes we're back here tonight contining with some additional uh previsions and plans am I correct yes all right what we have up on the board is most recent iteration of the plans for this site am I correct yes and what I'm going to do is Mark this as a20 for identification with today's date which is for it and can you give me the last revision date of these plans let me see this 113 [Applause] 2023 yep okay taking a look at what's been marked as A2 for identification why don't we go through the revisions that you have made to these plans thank you very much um so basically as was testified by the civil engineer we made a couple of changes to the plan sorry about that thank you yeah as was testified by the civil engineer um we made a couple of changes to the pl which is what you have with you basically dealing with the trash room you know so and the utility room um when you look at the next plan we um there's a storage um basement area that was added I think it was there before uh which you also serve as the um for the commercial space but on the first floor um I come back to that you have on that base when you reflect in there a TR am I correct yes and that is for the commercial tenants am I correct yes okay go on on the first floor um we modified it to move before we used to have utility and um you know trash room in this corner of the building but upon further deliberation with the team we decided to split it whereby we just have this area as utility room and then toward Wass as testified by the civil engineer we used one of the parking spots we relocated it so that we can have the trash room right in this corner here next to the lobby area and um from talking to the developer the plan is that on each of the floors oh one other thing that changed on this plan we used to have the a stair on this side and we kind of flip the stair and the and the trash room so when you go on the upper level which is on this on this level here the stair used to be in this area and this trash used to be on the other side of it so we kind of flipped it so now each of the floors we have a trash room which we are showing here I can zoom in if you want me to so the idea is that everybody on this level can put their uh we provide we are going to provide receptacles here and then the building maintenance and pick everything up take it downstairs in this level here and store it for when and then take it out so unlike before where we had the uh shoot and the compactor with the the developer based on what was being done on other building decided to change that strategy so that's really you know now the utility room are all the meters going to go into that room yes including the commercial tenants yes okay so that's where all the meters are going am I correct yes okay and in terms of the trash your understanding is that the trash that is then handled for the tenants will be taken out to the street by the super and then the commercial tenants would be dealing with their own trash am I correct yes please go um that's basically the Chang we miss okay what about the layout to the units we already went through the unit layout correct yes all right and I just want to go through and show there's a a question that came up at the bedrooms and the windows I just want to show that on the plan where the bedrooms are and where the windows are yeah one of the major changes that was done to uh last iteration was to provide a corridor in the middle and then have units on both sides as part of that effort the number of units was also reduced I think we used to have 60 to something now is 50 something 52 units so yes so everything got reduced because of that so that's what we have now so each of the units they all have Windows um and that's what we have and there are juliia balconies on these units am I correct yes some of them yes all right are they extending it to the RightWay or we the building was moved back 3 in am I correct yes that then pulled back the Juliet Balcony am I correct yes is there any part of those Juliet balconies that are extending into the RightWay no all right is there any balconies that are extending into the RightWay at any uh point on this building no okay all right I think what I'm going to do is just take a quick look most of comments that we have on uh both reports um having to do with the bu or the exterior and this is going to be dealt with by Mr Lu had previously testified as far as the internal layout I think we've pretty much covered everything anything else just a quick question just no balconies are extending to the RightWay soes that means the only thing that's extending to the right away is some of the liting scons is correct okay yeah and regarding trash you mentioned is so is commercial going to use a private residential City yes um so um the so the laundry room uh any of the plumbing events where how are they uh are they going up through the roof or are they going to to the sides do we know yet I no uh we've never dealt with that issue be honest with you on an application where the fents are going to go ordinarily they go through the roof but once we get the mechanical plan any pay build some of the more recent construction you know people are observing where they're happening so it's coming up um but those are individual like every unit has their own laundry facilities so it's like 8 triangle you know so there's a lot of penetrations inside you guys just have a laundry room on each floor it's obviously not nearly as many by way did you had a comment about a um a bench I forgot on and we'll add that okay no issue with that um okay so HC so uh do you have anybody that's going to testify about the affordable units yes okay any questions from members of the board yeah I have another question concerning the uh the trash if I understand what you said the all the trash from the uh floors has come down to the first floor where there's a compactor then the build building super will take that and down to the change it go ahead no there's no compactor no compactor they just just a shoot down to the first floor there's no shoot we eliminated it before we the prior presentation had it so each each four the super will pick up yes take it to the elevator take it down to the garage level yes sir okay we other questions from the board members any other questions from the uh our professionals good okay any questions from the public all right good than my completed pile is getting higher I'll stay I'm [Laughter] sorry I to be able to see you um you swear affirm that the testimony about the provided with the truth the hold truth and nothing but the truth yes I do and if you just again state your name and spell your last for the record question David businelli bu i n l l i all right Dave you've been before this board on previous occasions on this application am I correct yes we're back with Provisions that you made to app my correct yes all right and you've been qualified to testify before the before previously am I correct yes all right um what we have up on the plan are revised the drawings a prepared board am I correct yes all right what I'm going to do is going to Mark these a21 the date is the 4th December and the last revision date am I correct is 114 2023 that's correct what I'm going to have you do is let's go through what you've done to these plan changes you've made reasons okay the last set of plans if you recall at the last hearing would the um the third material the first material being the copper anodized aluminum and the the second material being Tres of medon in a blue stone uh color and pattern we had the third material which was going to be a nichiha or equivalent uh fiber cement paddle in a blue color uh that has since changed to a white so same panel type only now it'll be white um the uh that material has horizontal striations uh which sets off the uh vertical um massing and stations that are kind of dictated by the popups and the placement of the copper anodized aluminum panels um we've changed also changed the storefront uh material to also be aluminum in a copper anodized where with a 19in high um bulkhead also in the same color and we brought materials down to the ground floor at the residential entrance the copper anodized extending in this section and the tresa medion uh extending down and wrapping into the recess of the entrance and in the um we've changed the rwork location we had previously had it on the south side of the building instead of having one big proposed artwork we now have individual artworks placed between the openings to the garage okay and um on the rear and the sides of the building on top of the knee wall that is the perimeter of the parking area we have proposed a metal fence for intensive purposes with that are all vertical with the uh appropriate spacing to prevent anybody from putting their head and and it's for a security purpos for security purpy yes now when we look at the commercial area of the building that glass yes all right is that glass clear glass or it's it's transparent all we on the garage door transparent also sorry it was mentioned a chaining fence prior is that we're talking about the same fence same fence yeah but we we we're specifying the vertical fence not not chain Le would not be very idea so so so this fence that grid that's there is that on the building or is that somewhere else no it'll be on top of the knee wall that is so it's on the ESS the connected to yeah and let's see that's pretty much it for the changes we have the white Nicha up uh on the um the sides and back of the penthouse popups I want you reiterate the types of windows that are being the types of Windows are um for the units are all operable there it would be a combination of casements and Hoppers so we'll pull them in because they have the smaller units uh venting units and then the vertical CA units can be casement there are some twostory high spaces on the Upper Floor and those upper panes will be fixed because they'll be but all the windows that are in livable spaces will be operable that are reachable that are reachable correct and as for the the sliding glass doors sliding glass uh is a more appropriate than an inswing operable door given the height and winds so you could just open it slightly to get plenty of fresh air but still having the vertical that you would have with an inswing French door let's say and where are these spider glass stores they are on the balconies are they where the Juliet where the Juliet are okay so you couldn't have a swinging door that goes out not we can't have a swinging door that goes out because of that juli situation and um that's pretty much it uh signage we had originally shown signs uh 16 square ft each one for each store in the band above the storefronts but where we can relocate them down right below to be on each store so they're 16 ft each total 32 okay and in terms of the address sign back to the we had proposed a silver sorry address on right here that would be recess flush with the copper panels what about for the commercial stores is there going to be numbers on those stores once we yeah there will be and we can place those right above each floor for right above right above the door once we know the addresses I'm sorry the one you were just talking about the address that's for the residential that's correct what was the CH the reason for the change to the white I was just curious I know you said there's horizontal well there was commentary from the board about the color um and then we huddled with with with the uh with the client and thought that a white would really pop and give it some and more life then then the blue and it it does work can we can you talk to me about the the finish of the white what is it well it's a fiber cement paddle it's got It's got a smooth finish right okay so it doesn't have a is it is it it's it's um let's call it eggshell that would be the best description it's not map but it's not gloss okay my my concern is is glare yeah because this is Facing East yeah South well the biggest part is facing south right but I'm I'm looking at the East part because we're seeing East and West is usually where we get the the biggest hit right so I just want to make sure that this is not going to be glossy like it was on 545 no it won't be glossy and given that concern we'll make sure that the texture and finish will address the glare isue yeah that's fine and can we just go over like um page on a100 that you have there I'm a little confused as to you have something that says west elevation and then I see on a102 that I think I'm looking at the west elevation but it looks different let me because I see a lot of white on the west elevation so that's the north what's which one's North what we're looking at all right that's not not that one this one no not that one this one that one yeah that one it says that it's West yes West is facing Main Street Main Street right so that insinuates that's a different is that the that's still the same building so so here so here is here what's behind there this is the this is where the building steps back behind one story building all right that goes behind the other stor so yeah okay yeah okay so it's not on top of it's behind the bottom part there is that one story build right and then you're looking you're looking back you're looking at the rear portion of the South have to be to look to see that okay all right you gloss and glare got it just telling you cuz it's I understand painful okay why don't we if it's approved as condition we can do it [Applause] either I I have no issue with I would like to say the white shall not be glossy and it shall not produce glare No it should exactly that's all matter whatever color it is it doesn't really even matter what color it is now I mean besides what's whatever we approve but gloss and glare are a big problem with here obviously you know that not disagree with it I would suggest not a white no whatever there you go just a yeah not a white so that's my two cents here a light warm gray tone yeah yeah and this is and if it stays white it stays white as long as white whether matte or glossy will produce glare okay then we have to have that discussion then yeah I think it has to not be white but not a dark color right right right so what you not if it's a really lighter gray yeah then I think it might work I think we have to look at it well let me ask you Qui do is that a blue I'm colored one is that a blue or a it's a blue stone is there any way to do that color really light so this way you're getting some of the blue stone in a s that's a I I just think it's a we we should get not white I'm and it's something that works I'm looking for a reference in terms in that pet taking that and putting it on we we we that's what we were trying to do with the blue and go opposite here we going to get the color discussion but I think if we go to a an off off off white if you want to say it or or or a very very light gr I think you'll avoid yes you'll still have the whiteness but not you know it's not going to be may not be white like the paper I agree a very light gray tone I think that'll be fine very light gr home and we don't want to make your life difficult we don't want to drive your costs up we want done no we I think that's achievable what I do want to go through though on the blue stone and the cops just the nature of the materials so we clear now your questions came up yeah all right so what are the materials for the building well the the materials for them above the ground level and and and Beyond the uh the rear the this is here is copper anodized aluminum you've seen Silver anodized you SE bronze anodized this is an anod process that produces a copper color so rather than having natural copper which either has to be treated to not go green the patina or a natural copper which is really really expensive and which will go green like the Empire like the statal Liberty this is um a process that'll give the aluminum durability and a color that stays rather than having a paint or a coating that could deteriorate over time and the blue stone the nature of that material yeah that is a that is a composite laminated product it's European it's super durable it's got texture to it and the color is throughout so and it it's it will last it'll stand a test of time and that white area test right a fiber cement it's a fiber yeah and what about on top of the roof the same thing the same materials mix the copper anodized aluminum will flow up to the popups and the side walls of the rear wall of the popups will be the f one thing the um the hvhc equipment are you've done the exterior familiar with the sh am I correct are they going to be any of that equipment is it going to be visable from the street no and I believe the uh the rer plan and they think the engineering plans have the mini split units that will Supply HVAC for the apartments mounted on the backs of the popups so visible from the street you won't see them and any mechanical units again subject to engineering that will serve the um commercial space and the hallways uh and any other spaces that need ventilation will be rooftop roof mounted um and will not be visible they're not that big and with a 42-in high parit and angles of view from the street on the five story building they won't be visible it was a comment that I forgot to address with the prior testimony there was another comment about percentage wool about the percentage of the uh the glazing on I'm just just just flip to my notes uh the Monroe Avenue storefront is about 255 Square ft which represents 11% okay all right before I get to the reports any questions from the board yeah I a couple of questions sure um the uh on the renderings the height of the building is indicated to be a little over 70 ft yes how much what's a little over well it says it says 70 ft is that okay because the dotted line on my uh copy is below yeah that's that's the that's the top of roof okay uh and and I'm glad you brought it up because I think because of the green roof and Michael you correct me from wrong that is now going to be on the roof of the mezanine it's probably going to be the surround of there be have to be a short parit to accommodate the roof so that but but to the roof level is 70 ft okay and so there's going to be a a short parit yeah we're going to have to now to accommodate that gr looking at again at the uh at the rendering it appears that your uh first FL level is 14 ft above the uh grade yes okay and then that each floor is 119 yeah is it possible without messing things up to shrink those dimensions a bit I'm saying could you put a get a 12T uh ceiling height for the first floor uh without the detrimental uh did that I I don't I don't well you you're not talking about shrinking the garage height are you the first floor height I'm just ask I'm asking about each floor height because if you look around that neighborhood yeah you've got the biggest building is a four-story building with with par okay you've got 5 foot here uh it appears that these fours are pretty generous yeah and um in order to make the building look a little bit more within the scale of the surrounding areas is it possible to shrink that for height without detrimental effects to the building um I I think that the I think that the proportions are are appropriate but Obie since it's your floor plan what do you think yeah you're redesigning it when you have the first floor garage you need the height for that garage you need the height the first floor yeah you need the height of the first floor so okay and then the 11 foot N is a reasonably standard uh yeah yeah because remember you have in between the floors yeah I understand yeah yeah I mean so so it's really not feasible to to redesign I was just hoping you'd be able to cut a couple feet off it's not not going to work any other other questions before we get to the uh reports I just have a couple quick questions if I do you have a um East Side rendering I'm sorry you have an East Side rendering um it's on the first first page yeah we have let's go through that's our and we have that's let just shrink it a little bit the opposite side yeah we don't have anything looking from East we can get we can get it is actually on the first page P right no no first page I'm sorry stop I'm sorry yeah right there got it top right so my apologies that has the opening on that East Side yes right here is that going to impact with car lights into that neighbor uh no because the wall is at 3T High all around the perimeter of the parking area all right and that and that's the same all the way around so yeah yeah that's uni yeah um and then the last hearing you testified copper aniz TR design is that is that dry dry design Dr R Dr okay not TR sorry um and that was one of the tiles that's the orange copper yes right and then you also the creso natural slate was the blue no it's a it's a blue stone okay so you didn't have the last meeting you didn't have that s that's correct okay I just want to make sure that I'm referencing the correct color is trustful with with a t do you by any chance have a um like a a design number or something that we can refer to I could get one yeah we'll submit that okay we'll submit that thank you that was all I [Applause] had are are we saying now that you brought it up that first that that the East the East elevation are we saying that we can see through that so the cars that are coming through it's open can do it doesn't appear open on on what what I'm looking at go you should go to the different page page one because I mean you bring up a good point if that if that's wide open even if the cars are at a distance you're going to see you're going to see headlights I don't know how much distance but like there all right so that's that's that's the rear that's looking that's South that's the back of the right but that's the same thing that you're going to have on the east side yeah so that's the same thing on the east side is that I'm just moving yeah the slider there we go yeah that so those the house next door yes is like kind of straddling where that door the little man door is oh where the little door is so most of that open area is in their backyard but some of it is in line with their house like backyard just as if it's concern about visibility you know into the garage or out out of the garage we could raise we could raise that wool we could raise the height of that wall I think that it has we have to be conscious to to that house yeah to make sure that they can't see the lights well car D raise that wall we just going yeah that's I I think that that would be I didn't have a concern of the other facades but that facad yeah the East is the only one yeah ra it to whatever whatever it has to be four feet so that they they can't see it sure as long as they can't see the lights and you won't the headlight you'll you'll have 50% vated you'll be able to reach non mechanical ventilation thresholds yeah we'll be yeah we'll be okay okay yeah okay any other questions from our professionals before we go over the reports okay go to the reports first I'm going to do is look at the Insight report here in terms of signage going now to page three or 10 of the Insight report which six for identification um you've already gone through the signage but has been proposed am I correct yes and it's limited signage it's from storefront at top you want to drop that down to so referred by the board and then the number and the panel right at the entrance correct that's correct um I think that's pretty much it for the Insight rep okay all right looking at what's been marked as B7 the association report going through this report I'm just going to go right to the comments yeah I think most of this has been addressed already cor is there anything that had you want to just focus it on just checking we got the specification for 19 in on the bulkhead uh the windows are all operable except for microphone oh sorry U I'm kind of just recapping of some of the previous testimony [Music] uh are we saying so are we saying white with a non glare or are we still are we going to change off very light very light gray non glare and we're going to move the signs for the storefronts or is there a preference to relocate the signage for the storefronts off that cornice board onto the storefront or put you show the you on that yeah right there zo I know we had done on um 614 cup where we did it under I I don't know yeah it's who who are you trying to attract people driving by or people walking by right we can lower we can bring s down it's up to the board it's up to the board yeah I I I prefer signage at pedestrian height I me bringing here I think you to attract pedestrians also and I think it makes it more attractive do you is there an overhang there no just no the only only this portion is recess and this will be so we we could we could bring it down here it's not not yeah my Su would be to give yourself a band second and a that's second like I sure so it would be transparent solid transparent yeah so it would just be a larger band between the lower Windows uh yeah well instead of just having a thin mum we we can make it wider we can up piece of sign and what we'll do we'll submit that maybe you want to match it to where your yeah signage band on your adjacent building is so you get that data anything else um that's be okay I I think those are you know the big okay toen items okay all right um any other oh that's right you're gonna we're done correct uh any other questions from the board members any other questions from our professionals no any questions from the public okay thank you one more witness my okay you swear from the teson you brought to provided with the truth the whole truth and nothing but the truth I do and your name for the record it's Paul Ricky R ICI Paul can you please give the board the benefit of her qu yes I'm a licensed professional planner in the state of New Jersey I've been licensed since the year 2000 I'm also a member of the American Institute certified planners I have a master's degree in city and Regional planning which I received from Rucker University 1997 I'm currently a municipal planning consultant to six towns uh I testify regularly in front of boards I've been qualified over 200 boards throughout the state I uh I testifying from the zoning board many times I must have testified at some point in front of the plan I've had you an asra I don't know if zoning but in zoning board several times I know okay as recently as only like two or three years ago too on the zoning board yes I mean to be full candidate a long time ago as a young planner I actually represented the zoning board at one point in time so um okay all right Paul um what I'd like you to do is go through your planning test find relative to this application also I want you to address the affordable and why don't we address the affordable first okay and then we'll get into plan okay I I did review uh your planning report and you know she made it aware that we weren't uh complying with what's commonly referred to is the the uhak regulations uniform housing affordability control regulations um I spoke with the applicant it's their intentionally to to fully comply with those regulations they are uh indicated in the planning report um with that said here you know we do have over 20% affordable housing housing 21.1% um which exceeds the applicant requirements so there would be two one-bedroom um lower Moder income units six two bedroom three three bedroom and out of those they would be four low five moderate and two very low and and the intent here is to meet all the regulations but I think think that would be delivered as um in terms of the low one one bedroom two two bedrooms one three bedroom for the mod one one bedroom three two bedrooms one three bedroom and for the very low one two bedroom and one three bedroom but the intent again is to to to to adhere to the uck regulations for the for the law and we will adhere to you have regulations cor yes okay and again the um these are all rental units am I correct yes okay and the units um also be family units am I correct yes okay now there's a issue with regard to the utilities that in terms of working out with the administrative agent for the project we work through the utilities with the administrative agent also the income classific agent with the administrative agent I correct that's correct and that's what's normally done these types of years when providing affordable years am I correct that's corre correct cuz that's a measure of the affordability of the unit okay any questions with regard to the affordable I'm sorry you did that really fast can you I know I know but it um are you looking for the breakdown of the low mod and very low is that where yeah yes so I got the I got the one two bedroom and one three bedroom for the bar low correct yes mod one one bedroom three two bedrooms one three bedroom the low one one bedroom two two bedrooms and one three bedroom good isn't it the same as what's in the table yes it is the same that's in in the table right now correct it is um okay and do you know how they're going to be distributed by floor or well I think the intent was to to uh place that on any final plan correct that is correct I'm sorry can repeat that we'll place on the F plans right now we haven't determined which units specifically um since we are doing affordable require to indicate the number of units which we have done and classification which we have done um but unfiled plans will reflect the specific units that will be designated as the and then we'll work out the administrative agent in terms of the income classification um and then also as required by St so is that something the board is comfortable with leing to post resolution compliance I think you mean the location the loc the actual physical location of each one I don't think that we've ever had detered this is really our first one um actually no I mean we've had others that have like 20% or 40% we've never kind of said where they have to be yeah ordinarily we have have a mix of one Ved two as meeting the percentage mix yeah mean they're not all group together I mean we're that's what you wouldn't want them all to be grouped together I mean we would not want that all group to the same place we can we can state that I don't think is a desire to specify where everyone each one is no no no just that they're not all either all on the same floor no OB or and not not all not all they'll be dispersed throughout the right that they should be dispersed throughout the building so we should put that in our there's nobody hasn't been determined how this affordable uh housing units are going to be administrated through the administrative agent the administrative agent okay any other questions um I just have a question because I because I'm just confused on the table in the report where it says exceeds I know it says you're going to do what's required but then if those numbers are the same are they going to change I just got confused the table here has the asteris saying exceeds the maximum but then the numbers were the same yeah so we still like I am I misunder understanding the table or or the Note 2 six and three for 12 11 two one bedroom six two bedroom and three bedroom units so the table is correct that's in the report that's 18.1% it's 18.1% one bedroom 54.5% two bedrooms and 27.2% three bedrooms that that's not that's not those are not the percentages that we have but that's in the report yes but those are not the percentages they're they're 0. one off oh I'm sorry in each one oh so I just want to make sure that cuz cuz I'd like to be able to say that these are the numbers that are in this report meaning the the amount of bedrooms low moderate whatever under you hat you can't have more than 20% on the one bedroom you need AUM you just want it to be what it says here that's I'm confused by the as out of the four lows yes we have one one bedroom out of the five mods we have one one bedroom yes and then none of them there are no very low one bedrooms correct correct that's what it shows here if that's what the law says is allowed then that's entirely consistent and I'm just asking about the asterisk the asterisk that's exceeds the maximum permitted I don't understand that part so so this is what I'm trying to to determine here so based on Mr R's testimony we only have two one bedrooms correct it says three in that yes three would not be permitted under so we're doing two so they're modifying which of the one-bedrooms will be will be affordable so that there are only two affordable one-bedrooms so that provided coln will change am I cre so provided is two yeah because right now in the plans this is what we've got right they haven't shown us a change but the test is testimony is that they're only going to give us two one bedrooms testimony is we can only do Max two because otherwise to comply with you so we're doing that's why the math is yes thank you I appreciate that and to make it work they increased the two-bedroom from 4 to 6 and they decreased three bedroom from 4 to three six 263 263 correct right 263 that's textbook right there textbook deliver which is why you know it'd be handy to see it in plan view as well to make sure like Okay so this one-bedroom is no longer going to be an affordable unit this two-bedroom is going to be the affordable unit that compensates for that one bedroom well pict ordinarily we wouldn't do that but as long as you know the testony is that we're providing affordable we have to right that we have the right amount they're not adjacent to each other and they're just roll on the same floor inter just so you know that I mean the applicant has agreed to dispers them I mean the the rules uh encourage it it's not an absolute requirement under the rules but the rules encourage it and the applicant has agreed to do that okay anything else from the board or the professionals no okay anybody from from public like we're not that's we're going to just get into just planning Tes over the if you'd like me to go I I can no no let's let's let's keep going quickly right okay do I need to restate the deviations and variances that we're requesting no okay I'm going to jump into it um from a planning standpoint I mean this is this is your community I think we can all recognize that this is a transformative project uh one that's been in the works for for many years and one that takes you know a former uh Tire uh a tire in a former gas station in vacant properties and brings those properties into a productive new use that's needed by uh the citizens of Asbury Park we all recognize that we're in a significant housing short fall right now uh and there's a great demand for both the affordable housing as well as housing units not only in Asbury not only in New Jersey but throughout the country so uh from a planning standpoint it's a very positive uh project um clearly IT addresses your affordable housing as well and also as part of this application uh there is a green roof that addresses storm water in the building um I I've been a part of a lot of mixed use projects I don't believe I've been a part of a project with a green roof as today they're usually very expensive to build is my understanding and it's a tremendous um it's a tremendous design in my opinion uh by the applicant you know you've heard from the previous Witnesses you know you have the new streetscapes being redone the street trees um there storage for uh tenants in in these buildings on in the basement and multiple floors bike storage and the like so it's a project that was designed and intended to be harmoniously uh integrated into the neighborhood I mean I have Pages here of of how this this application uh advances both purposes of your Redevelopment plan and purposes of your master plan I did want to point out that your Redevelopment plan was clear um that it gives this board um the ability to Grant what are typically type- C variances but deviations uh from the Redevelopment plan um and I may just read that language and it says whenever an application relating to a specific piece of property the purpose of this plan would be Advanced by a deviation from the requirements of the plan and the benefits of the deviation would substantially outweigh the detriments and that's on pages 64 and 65 in the Redevelopment plan the Redevelopment plan was clear that it supersedes the local zoning and replaces it so all provisions and underlying ordinances are replaced uh by your Redevelopment plan it established the vision says the section of Main Street I'm going to quote is a vibrant commercial District that caters primarily to local residents of all raises and income levels but that also draws visitors new buildings in this section are all constructed up to the sidewalk line and have attractive Lively facades surface parking lots that once line the street have been redeveloped so that buildings line the street I mean that characterizes this project goals and objectives um goes on reinforce a section of the Redevelopment area as a commercial District that caters prior to needs of local residents clearly housing and affable housing is in need uh pedestrian sidewalk restoration where surface parking lots have creeped Into The Pedestrian sidewalk The Pedestrian sidewalk should be restored that clearly uh occurs here surface parking Redevelopment encourage Property Owners to redevelop surface parking lots with multi-story buildings containing ground floor retail space so uh textbook delivery of the goals and objectives of the Redevelopment plan also your master plan continue to encourage new retail commercial and mixed use developments consistent with City Redevelopment plans it's very warm in here no very am I uh balance housing options in the city including affordable housing for low and moderate income households encourage the continued development of a variety of housing raging from it goes on affordable market rate and the like to fully integrate affordable housing throughout the city both within projects and geographically through at Albury Park economic objectives Focus economic activity in the city's major economic centers especially the Redevelopment areas recognize the unique character of each area and promote development that will strengthen and reinforce Market reinforce Niche markets support Transit Ori to development in the station area especially underutilized or vacant commercial property we we all recognize this is within a qu mile of your train station that's considered the inner ring of a Transit oriented development um some facts about the sidey setback we're seeking a sidey yard setback of of 3.17 ft with the Redevelopment plan permits between zero and 5 feet um in this regard the Redevelopment plan does anticipate buildings touching each other um and it's important to recognize that that 3.17 ft setback is for a portion of the lot line approximately 50% of the lot is in compliance and approximately 50% of a lot is not in compliance that's resulting of of building uh insteps and and outst steps which promotes uh a desirable D design objective alternatively there's the potential to have a 90 foot long facade without any break so visually that small indent uh will be visually appealing uh as a result result of it um I did note that in my review of aerial photography in my site visit that these conditions were prevalent on both Main Street um and Summerfield Avenue so I didn't believe it would result in a substantial departure from the character of the area as well regarding the rear yard setback that's uh opposite of Monroe Street 5.5 ft uh is proposed where a minimum of 10 ft is required um that set back uh adjoins on the on the adjoining property a setback of zero feet um accordingly that setback would not be inconsistent with the area either regarding the lock coverage and and and with the coverages the the the applicant is is is largely compliant I wouldn't consider the minimist type of um uh exceedence but um I think your planner was very clear and I think it's helpful when when she pointed this out that in terms of the lock coverage 294 square feet is what we're talking about for a project so when we're balancing the benefits of the detriments of a project I don't think we're talking about a substantial departure um from your Zone plan um and then as well I think as a as a community planner as well you're always thinking about the likelihood of a project being developed sometimes um there's this is not a planning rationale but developers do need some help and particularly in projects going on for long periods of time their financing is changing and the like uh it just helps improve the the the likelihood of of a project improving uh being developed regarding the the impervious coverage variants um that's 485 additional square feet of impervious coverage where 93% is proposed where 90% is permitted you heard from the landscape architect um while exceeding that impervious coverage the applicant has a green roof and I've had different calculations of that green roof anywhere from 4,400 Square ft to U as high as close to 7,000 square ft and how that's that's designed so um I think the applicant is more than mitigating for that loss of open space through that green roof uh and for this reason it would not result in a substantial uh departure from your Zone plan regarding the minimum minimum open space variants uh this is uh in my review uh this is from not from your Redevelopment plan but from your underlying uh City zoning ordinance that was created in 2021 uh long after the Redevelopment plan was was created um and it's my understanding that the the the the city does not want to have balconies extending out into into the right of ways and that the applicant could meet this objective through those balconies and that those balconies are permissible under the Redevelopment plan as long as they don't extend into to the right away or as long as they extend into the right away 4T or less so it's my opinion as the planet that the board has already determined that it's a better zoning alternative for this track not to have those balconies um that are something that is permissible under the plan um for design objectives and that again the benefits of this project of not having an additional 2,160 ft of public open space are outweighed by the numerous benefits that I articulated uh previously um the applicant is also seeking a parking variance where 26 off street parking spaces have been provided um where I believe that that's reduced the 32 spaces when we have the EV credit from the 36 space um requirement and the applicant is requesting this largely on the basis of its proximity uh to mass transit that's the train space being within a quarter mile bus service available on on Main Street I think as a planner it's clear that this development is also walkable to the downtown uh in near and in nearby shops um from a practical matter uh in these type of projects I mean I I am I'm a planner that has you know transitor development Redevelopment plans and the like there's somewhat of a self-regulating factor as well if you come to a building and the amount of parking that you need is not being provided you're going to go to another type of of building I did look at your demographics and your demographics today do support this type of development in the city uh 25% of all rental households in the city do not have a car today and 49% had had one vehicle car so you have the existing population uh in the city today that could take advantage of of these type of units uh under this uh environment uh as well in in terms of the the negative criteria um these variances and deviations can be granted without stantial judgment to the public good in your Zone plan uh the mass and height of this project have been uh already uh articulated as part of your your Redevelopment criteria uh and it and are being uh adhered to um the applicant in my opinion has worked diligently with with the board and its professionals to design a project that can be integrated into this area of the city in a harmonious type of way um again i' I've mentioned this many times I think it's clear that the benefits of this project the repurposing the transformative nature of this project outway uh these deviations that we're that we're we're seeking and um there's no known substantial negative uh impacts that that I've heard throughout uh this process that aren't being uh mitigated in terms of the design exceptions uh you heard the previous testimony from the previous uh Witnesses they have to be um reasonable and PR practical under the facts presented that testimony has been provided already and that is the intent uh of the law under the gar farlo decision in that regard overall as a planner I mean this project results in in sound land use planning uh again that's transformative and one I think that board members can be proud of they see built in in future years that concludes my presentation thank you any other any other uh questions for the uh for our Planner on the board or professional okay anything from the public okay um uh any comments uh I'd like to actually open to are we we're finished yes we um can I get a motion to open to the public comment second second all right any uh anyone in the public that would like to make a comment about this whole application okay motion to close com public comment so second okay all right um do you want to um have your items or you want me to go through what I have or um how would you like to do it you want to go through what you have sure I'm sure that I'm sure you have more than I do let me just say that um I have the uh the items that we went through today about the uh the the change in color that it's not a no a no glare uh color that's going to be a very light white in tones um we're going to raise the East sorry it's going to light gray light very very light gray did I say something said light white no light light gray I'm sorry light very light gray um we're going to raise the East wall to 4T so that we don't get any headlights into to the home that's next door we had a modification to signage that we uh suggested I think that Eric came up with what that was going to be we want to make sure that the distribution of the affordable housing is what is mentioned in uh CCH report on page 22 of 27 um well no it's going to be theyi so they have to comply yeah they have to comply absolutely absolutely uh I know that it wasn't mentioned but I know that uh it was implied that we were going to be paying into the parking fund for the for what's not covered I don't know if that's part of the Main Street re development plan it is for the uh whatever called the CBD but I don't believe there's a statute on there for the ordinance all right we're not going to need a a ruling on that because I certainly don't know well we can say if it's required if it's required that then the the the spaces that are not yeah any any development expenses they would be responsible for they haven't asked Forevers for any of those anyway so but I I can take a look to see see if that that needs to be there we put a generic term if required undoubtedly we pay it but I don't believe it's part of okay I I wasn't sure um I don't know if anybody else had anything else and then if Jeffrey can go through whatever he has Don apparently going to have some thisal comments that's fine um there's going to be a parit above the uh roof level to accommod to green roof on a mine on a mezanine oh yeah on just a mesine layer uh there's already a Power Pit on the other ler um the parking layout as testified to this evening uh 26 spaces six shall be e um and they'll be installed before the issuance of any C and the variance of 32 required after the EV credit um there the street trees shall remain on Monroe they're going to be Hackberry um the open wraparound of the building on the East Side south side and that partial uh west side in that L area shall be Pennsylvania sge uh storm water management shall be an intensive green roof and uh the plan shall be compatible and shall also address the uh minimum planting depth for an intensive green roof um the pre and the post um runoff shall be improved from what currently exists for the testimony um and the color palette I think you said will be as testified to this evening with the white being altered to light gray non glossy um those were the comments I have anybody else have any others that we did not review we include Now's the Time okay just one [Music] second required park that is the park 36 right there required required we had is 36 on our plans after take that's after the credit after a reduction of the electric vehicle spases 36 spaces are required used to be 41 that's what I have I have 37 spaces for 41 market rate 37 for plus the two for 39 and then- 6 would be right well no it's 10% and you round up be 35 you get 10% credit 10% so if we need 39 you round up 39 that would be 35 right so the Varian is for 26 where 35 required am I right with that you want to say 36 is just well you R up to four so it's 35 we in agreement with that if you're sure you round up on the credit under Section just want to make sure we have the requirement right 36 then no it's 35 so clarification the parking variance is 26 spes where third and five are required rather than 32 35 are required okay so it's nine short okay [Applause] oh um one other comment is any any improvements within the city right away sh the happen shelf team oh absolutely mayor council mayor and councel yeah that should be just the standard that we have in all of those yeah yeah all right in this in this situ is there anything else in this situation we have um because of the amount of time that this has gone on we have a limit as to how many people can vook and we have five so um can I get a uh then the people are or unless you guys want to do eligible um I have them if you want them want me to do it or if it's up to you yes I was just going to go to the email Dev yeah that's why I did it on based on your email okay so it's uh so it's m Jim Henry um Mike goonan but he's not here Ivon Clayton Jen Jennifer saer and Eric galipo sort of yeah no because you were not that's not how my last name spent oh my God close enough so we have five to vote we have we have five to vote what could we have five to vote all right so um can I get a motion to uh to approve this application with the recommendations that were just stated um and the variance relief the variance relief can I get a motion from someone that's allowed to vote I'll move it second okay um not the top anymore yes Jim Henry yes yon Clayton yes Jen saer yes Eric Al yes thank you very much okay thank you all right we have um next up because the fun continues what would we have to do the resolution first we the resolution Sor all right everybody out quickly we got go to we got to go to closing EXA [Music] do and that was I was really looking for because we do have a problem we need to solve it [Applause] right what I do she knows she knows she knows who to who to grease all right everybody out please everywh you all right do we uh do we need a minute no no let's go let's keep going Merry Christmas all right everybody's gone no Donna is still here I'll still see you next yes good night last no in theory they're allowed to come back but I don't know if he really that interesed they want to go home too right all right so do we have to do the resolution first we do okay we had a crazy person storm in during the last Zing board uh executive session that was was it a regular who was it I don't know who uh someone said that they knew him he used to live in Asbury Park he Florida oh nice showed up well actually we're still on the camera right okay um go ahead we have an executive uh session motion that we uh have to go into executive session for and we have a resolution that we have to uh fact have a motion to uh to approve this resolution to have the executive session yes move to uh to secondly okay so we're favor I anyone opposed okay so the resolution has moved all right so moving on um as again the court ordered that the planning board approv the application of jld investment LLC call roll call um we don't have to call roll call because we were already in in regular session but you know what I guess we can see if there there's anyone here I don't think anyone's coming back but you never know kind of reminds me of the guy who wrote the mount laal decision it is on 10 acres of Bernville okay it's open and for the record everyone who was here for ex executive session is back um so we have to approve a preliminary major subdivision and a preliminary major subdivision establishes the terms and conditions of a final major subdivision application so with a preliminary they the applicant still has to come back with final they have to provide plans that are in Conformity with the city's ordinances as far as final subdivisions go as well as um what's required under the ml uh for a final major subdivision what a preliminary subdivision does is it protects them for a period of time under the current ordinances so that at the city of Asbury Park made changes to the ordinance uh they would still have a protected right in their six lot subdivision even though they haven't perfected it and they can't perfect it until they come back into this board for a final major subdivision um any questions on that what's the time frame uh off the top of my head I believe it's 3 years but it's time and they can also ask there is an opportunity to ask for extensions as well sometimes what happens between the preliminary and the final is they're getting their other approvals um that might be necessary before they come back to the board I don't know that that's going to happen here because they're creating six fully conforming uh subdivided Lots all right so with that said if there are any questions about the process and why we why we do this I set up a uh a resolution and I don't know if we want to approve the resolution tonight as far as memorializing uh or if the board has any additional comments obviously we'll have to memorialize the resolution at the next uh planning board meeting my suggestion is that a lot of the members of the board have not seen it right so I would rather you look at it see what it says and see if there's anything that you disagree with but all the information that's in there and correct me if I'm wrong came from our professionals and from Mr bman to make sure to keep us making sure we're doing the right thing I have faith to them and I don't think I'm going to be at the next meeting so I mean I I certainly do also I just don't know if if anybody else disagrees then we can wait until next next week I mean next week well so we're going to like any other application you're going to move it this evening you're going to memorialize it at the next hearing okay um and that way can approve it we only need one person to memorialize okay so that way we can we can comply with the court but actually memorialize it the next hearing that'll give everyone an opportunity to review the actual uh and and provide me feedback um so the short of it all the whereas is kind of history of of the file including the um the order of the court and the filing of the um uh the action in Louis prerogative rits the provisions that I wanted to just go over the board here's the the amended findings of fact property is located at 70175 second avue at the north side of Second Avenue and the west side of Bond Street identified as block 2703 lot three on the city of Asbury Park tax map applicants proposing the demolition of a church that was constructed in about 1884 in a preliminary major subdivision to create six new single family res residential lots that range from 7,000 to 12,000 Square ft the board accepts the testimony applicants Witnesses and those of the public and objectors as provided during the hearings the church was built buil around 1884 based on sanbor uh area mapping the building is listed on the mammoth County Historical inventory prior to submitting the application the applicant attempted to negotiate with the city council an Adaptive reuse of the structure for multif family dwelling which such proposal was not approved by comment from the applicant's attorney the applicant would prefer to reuse the structure by developing the property with multif family residences instead of making application for subdivision for single family lots members of the public concerned that the of historic structure and the removal of the architectural history of that structure which has been present in Asbury for more than 125 years Master plans provide guidance master plan provides guidance for the development of the Sy master plan encourages the retention of historic structures and requires preservation adaptive reuse of historic buildings and landmarks however the master plan is not the zoning ordance the board does not make a determination based on any deed restrictions that are set forth in the property chain of title or consider any testimony relative to deed restrictions in the chain of title pursuant to the affet order of the Superior Court the application is compliant with all zoning regulations to subdivide the property and this is the important part into a conforming six slot single family residential subdivision without waiver variance or deviation from the city's General ordinances including compliance with the requirements of chapter 30 Etc of the city of Asbury Park Municipal ordinance and it's subject to the terms and conditions set forth here and then I'm going to jump over to the therefore be it resolved by the planning board to approve with the following preliminary major subdivision approval with the following conditions um the major subdivision approval is limited to the protections Peru to the pursuant to the municipal land use law and Chapter 30 of the general ordinances of the city of Asbury Park prior to final approval of major for major subdivision the applicant shall be required to submit an application for final final major subdivision Vision with plans that conform to the requirements of the municipal land use La law and the development and zoning ordinances of the city of Asbury Park final major subdivision shall be perfected by map filing according to the map filing laws and regulations of the state of New Jersey prior to filing any of the map any map for major subdivision applicants shall be required to obtain all permits and approvals demolish any and all improvements and so demolish such improvements on the property so that there are no encroachments or easements between are among the properties and so that there are no waivers variances or deviations from the city of Asbury Park Land Development ordinance Andor zoning ordinance unless approved at formal hearing of the city of Asbury Park planning board no variants deviations or design waivers are approved with this resolution for approval of preliminary major subdivision all testimony evidence and represent representations made by the witnesses and Council for the applicant at the public hearings are Incorporated herein in addition to the contents of this resolution this approval subject to the approval of the mayor and Council uh mayor and City Council of the city of Aur park for any encroachments existing or proposing to any city right rights of way for future development of the property and any of the subdivided Lots all Lighting on the property and with any any of the Lots within the subdivision shall comply with the Sydney ordinances unless approved by subsequent Amendment to the major subdivision application by the city of Asbury Park planning board future development shall incorporate Street Trees and Landscaping Accord according to the design standards set forth in Chapter 30 at SEC of the city development ordinance applicant will construct and contribute funds for its share of on-site and off-site improvements established by city or ordinances and applicable state law applicants shall post performance and maintenance bonds and inspection fees is determined by the board engineer Andor city engineer pursuant to city ordinances and applicable state law and the applicant will enter into a developer or redeveloper agreement as required by city ordinances and applicable States law the applicant shall pay the appropriate Water and Sewer connection fees as determined by the city engineer pursuant to city ordinances and applicable state law the approval is subject to the approval of any other County state or federal agency having jurisdiction over the project including but not Lim to those governing bodies or agencies identified in the board engineers and planners letters in the event any other agency having jurisdiction over the project Alters the plans and or approval given to the project by the city planning board applicants shall also notify the board and will present to the board set approvals for review and approval by the board applicant shall be responsible for publishing and notice of the decision in the asberg Park Press pursuant to the requirement of the statute applicant shall pay all professional ncro fees and application fees of connection with the application is required by the city development ordinances and the New Jersey municipal land use law prior to the approval of any final map for major subdivision or as a condition of any resolution compliance for final major subdivision or or as a condition prior to the development of any new lot created by final major subdivision the applicant and accessors or signs shall be responsible to comply with performance and maintenance guarantees development fees sewer connection fees public utility connection fees affordable housing obligations and fees construction permit fees and any other fees routinely charged for the development of the property pursuant to njsa 455d uh 39 and 65 property tax Shel Marine current prior to scheduling a hearing end during dependency of any application for final major subdivision application applicants shall enter into a developers agreement as a condition of any final major subdivision approval as may be required in connection with the future development of the property and or any lot within the property applicant shall enter into any affordable housing obligation agreements as may be required by the major subdivision submission of subdivision plans for major subdivision approval shall comply with all development standards and plans details according to the city development ordance including but not limited to the section 30-55 Etc future development shall comply with the design standards including those uh in ordinance section 3056 57 and 64 future development of mjor subdivision shall comply with storm drainage storm water DET detention BMP best management practices not read that whole thing according to section 30- 58 Etc and a best management practice manual shall be approved by the board engineer Endor city engineer uh and recorded with the county clerk off street parking shall comply with the uh ordinance sections 30-59 and 30-60 as well as the New Jersey residential site Improvement standards no deviation of these requirements has been requested by the application and no deviations are approved by the planning board with this resolution any F fencing to be constructed shall comply with Section 30-663 appli shall contain shall obtain other approvals such as Capra njd P rsis will serve letters from utilities soil con Conservation District Etc uh the application submitted and is represented by the applicant does not request any waivers deviations of the city's development regulations and design standards or any variances from the city's zoning ordinances and ultimately uh the applicant is not um is only getting approvable a fully conforming subdivision um and the applicant shall adhere to these findings effect unless further approval is given by this board I ask a i to ask a question um just when you had said all way back couple Pages said all the testimony from the hearing is here in incorporated or that line accepted uh like basically I I took it to mean that all comments like everything that was done publicly is incorporate there was a line so are you talking about the the board accepts the testimony of the applicants Witnesses and of those of the public and objectors as provided during the hearings that it was part of I think that's the line my question is that if you so everything that went all the public testimony that was part of the case hearing or whatever prior um is that all part of this record like I don't or is that all like it's a it's a clean so all of that testimony is the the reason why we don't have to do a notice like you would typically do we're not taking any new testimony all of the testimony from the prior hearings are in they've been heard by the board members who are eligible to vote and um it's weighed in the favor of the applicant basically okay so I think the only question I have it doesn't I just from my own knowledge the you have there's language in there about you know the public comment you were that were specifically listing like the public you refer there was a couple references to who you know had wished it had been an Adaptive reuse or whatever but there's not is there not allowed to be any reflection of any of the board comments because now the board has to do something different meaning like it says the public felt this way but the board doesn't say anything in this is not allowed to say anything in the document like the board I I mean we can certainly add something here's what I would say and the reason why I didn't want to adopt a resolution tonight is if there's anything in addition that you we you want to add feel free I'm going to send you the draft and feel free to make comments to add anything but if you want to add something about comments from the board but you're we're certainly welcome to add that to this okay I just wasn't sure what the legal because that so there's there's the findings of fact yeah and then separately there's the conditions what I what I read really more was the more important part is the conditions but the findings of fact if if you think there's some additional findings of fact that should be added to the final version I I don't have a problem adding that so feel free to you know let me know what you want to add and I'd be glad to do so okay okay but then all the original hearings are still part of the public record all those original hearings are the public are the public record right that's what I was I think trying to understand because there was all those you know board members made comments throughout the public hearings but and then so that's part of the I mean look I suppose that someone could take this resolution and appeal it but the court has already decided that you know if it's if it's the applicant that's one thing I'm going to share this with the applicant too before memorialization and make sure they don't have any objections to anything right um but if if it's the public who wants to file the court has already made it its determination there okay and that resolution just killed a Grove of trees it did but but because a preliminary is not a final you have you have to put those conditions otherwise you you lose your right to do it later yeah I'm I'm not and and that's and that's why we that's why we went through this process so that we don't lose our right to do it later correct whatever whatever we we're asking for y so all right so I'll put that together I'll email it to the five of you who are eligible um but obviously at this point unless there are any questions about can I get a copy too CU I'd like to oh absolutely yeah yeah I'm sorry and one last question then before you said but only one person need you said we only need one person to Memorial Memorial yeah what does that mean I mean so memorialization is at the next hearing when you so most of the hearings we don't have a resolution prepared most of the hearings it was like the the two tonight the board makes a decision and then we as the attorneys are tasked with preparing the resolution for final approval memorialization that's going to that's going to lay out everything that's your final legal document that says these are the terms and conditions of what was approved I think the last meeting Eric was the only one that could vote on something it was one Z yeah and we do it like at the beginning of the meeting when we approve resolutions we technically only need one person I never knew that you only need one person because you need a you need a majority of the people eligible to vote but there's only one person eligible to vote that's a majority that's a majority that person says yes or no but why I'm sorry to be slow on this why that situation so as an example the next meeting y Jennifer you're the you're here Eric's here and Barbara's here right two of us Jim James is not here Jim is not here and mayor or more are not here two of the three of you have to vote Yes I see I see but if only one of you are here here but we still have a quorum only you're the only one eligible the only person it's still the same process as normal this is normal okay that's all I got sorry yeah it it's my point is it doesn't require a quorum of five got it only requires a quorum of who's eligible that makesense thank you all right so are we good or do we have to do anything else I have vote unless anyone has any more questions we have to move to yeah we have to vote okay again to approve so moved second sadly Jim okay uh mayor Moore yes Jim Henry yes Barbara KAC yes sadly Jen saer yes Eric Galo yes James Bano yes okay was not eligible correct that as well making sure all right Jour everybody have a great holiday you too