um welcome everyone today is Monday June 17th 2024 and this is a regular meeting of the city of Asbury Park planning board chairwoman KAC will you please call this meeting to order yes 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 posted on the municipal uh bulletin board and Municipal website all notices are on file with the board secretary official action may be taken on the following matters before the 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 on APV for your viewing pleasure in the future please join me for a pledge of allegiance United States of America stands na indivisible andice I will now take roll call James banano here councilwoman Clayton is absent Eric Alo here Jim Henry here Jeremy H Jeremy Hoffman uh mayor Moore here Daniel sheno here Jen saer here Vice chair goonan here and chairwoman Barbara carac here all right the first item on the agenda is a resolution for 900 Madison Avenue I that was circulated to the board anyone have any concerns before we take a vote okay can I get a motion to uh to approve the uh the resolution motion to approve excuse me is anyone ineligible okay I'm not Jennifer Jeremy and Jen and uh Daniel okay so we make sure that moving party second and vot yeah so Mike is and um second second was Michael no I moved oh move second I'll second that J thank you sorry for the interruption um eligible board members are James Bano yes Eric gipo yes Jim Henry yes mayor Moore yes Vice chair goonan yes and chairwoman Barbara KAC yes thank you okay the application before us is a uh is for the a park Beach [Music] Club okay before we get into this we have some members that are recused from this application be mayor more Henry uh no one else please St down and I'm reused because I voted no the first you voted no Jim it was uh abstain abstained from hearing MERS wonderful all right well good evening everyone my name is Jennifer Philip Smith I'm an attorney with PC and I am here tonight on behalf of Asbury Partners now as I'm sure many of you recall back in 2001 this board voted to Grant preliminary and final you move that mic away from you this one here this one sure is that better not sure if that helped or hurt maybe move it to that table yeah I'll drop okay is that better no okay let's go all right I'll move forward so here on behalf of Asbury Partners Asbury Partners is the master developer for the entire Waterfront Redevelopment area and as you will recall back on November 15th of 2001 this board voted to Grant preliminary and final site plan approval for the construction of a beach club to be located at block 4502 lot 1.23 we are here tonight on an administrative request and that request is to the extend the period of time for zoning protection now you can't so so we got so you've gone from too much to too little should be sure is that better okay this microphone doesn't come any further so I'll just have to lean in or or you can move the table closer you can move the table closer Perfect all right that's better now I won't be leaning over the table can everyone hear okay I don't I don't think I can get any closer to the microphone so I'll proed we'll do the best we can the best we can all right so before I bring up my one witness this evening I'll just go over sort of the technical legal reason why we're here this is for an extension of the period of zoning protection what that allows under the municipal land use law is that when final site plan approval is granted the applicant has two years that they are protected from any changes in zoning that would means if the ordinance changes during that time you can still proceed to build the project now here we're in a bit of a unique situation where the zoning is governed by the Waterfront Redevelopment plan and that Waterfront Redevelopment plan actually cannot be changed without the redevelopers consent pursuant to the Redevelopment agreement so it hasn't changed it's unlikely it's going to change but out of an abundance of caution we are asking for the to extend the period of zoning protection from November 2023 to November of 2025 the site plan goes on even if you don't Grant this ex extension uh unless and until there is a change in zone which there likely won't be but that said we have been working to obtain all the approvals necessary to move forward but there's one we have not yet obtained and our witness tonight will describe that in Greater detail but in short under the existing Redevelopment agreement there is to be constructed a private beach club and a public beach beach club and under the subsequent developer agreement with Madison Hasbury retail it indicates that in order for either one of those to be built Madison a retail needs to consent and my client needs to consent we don't yet have that consent as will be described we've been working to obtain that consent but as of right now we don't have it so we're asking for a longer period of extensions that we can keep working on obtaining that consent so with that I have only one witness this evening that's going to be very short just to describe some of the efforts we've made and confirm for you all in the record so it's not just me making representations before we do that do you understand anybody have any questions as to what our task is and we just want to make sure that the audience also hears you jack okay can you hear me we canar you okay as long as you can hear all right it's so my understanding is the Waterfront Redevelopment agreement will end for a few more years right that's right seven years something like there's I don't know the ex I don't recall the exact date but there's still time left yep so this is just like you know putting suspenders on what belt just in case that's right so it has expired over it I thought you said November 23 it the period of zoning protection would expire but there is a provision that allows you to extend when uh both in any case and then also when you don't have all of your approvals which we don't have all of our approvals you can actually continue to apply under that provision until 90 days after you receive the approval you're allowed to get up to 3 oneyear extensions for a total of five years of protection under the existing ordinances that apply to the project we was Ved approv technically it's the Z protction is expired right yes Tech but that site plan has not expired all right all right can we can we just have Jack explain it from the top site plan does not expire everybody's under the misconception that this this this section of the law is your site plan expires after two years no it does not site plan is indefinite if the underlying law doesn't change 10 years from now it can still build this project okay uh the law allows for these three one-year extensions up to five years and all that is is gives gives the applicant the benefit of if there are any ordinance changes it protects them from that but in this case we've got that 360 degree ter that comes around that the only way that the ordinance can change is if the applicant consents to the ordinance being changed okay uh and essentially that's it it's uh you just have to understand they have to you reasons that you know what they have done and they haven't achieved yet it isn't like they just sat back and done nothing I understand okay what is expired is the protection from the zoning change correct that's all that expires okay and that being said that's the CH and just for the public also that they they understand is that we will deal with this just like we do any other any other time someone comes with a witness to the planning board where you will be able to ask questions of the witness based on what that witness has testified to and only that once that's done we also get another round like every other application you get to have a three-minute comment based on what's been discussed so you will get an ability to question the witness on based on what they've said and then you can can also come back for a three minute comment at the end just like with everything else that we do here so um and also for for clarity we also this is not a requirement we don't have to do this meaning the comments at the end we don't have to but as a board we feel that the public should if they're coming here they should have the ability to add to make a comment at the end of a session we have never denied that so that's that's why we're we're doing it this way no different than any other time that we do things but that's a rule that we have as a planning board for the transparency and the Optics of what what will be out there you are able to comment for three minutes afterwards go ahead thank you then I'll ask my one witness U Mr David fergal so please come up David David please raise oh grab it's on sure is it on Hello yeah yeah okay please raise your right hand youly swear or affirm that the testimony about to given this matter the whole truth and nothing but the truth I do please State and spell your name for us sure it's uh David fergal Fu r g l Mr fergo we are offering you as a fact witness this evening so can you please describe Des cribe your relationship to the project sure so I am a principal with Starfield companies um Starfield companies um is uh right now the authorized um agent or and I am an authorized representative of Asbury Partners the applicant for this plan Board hearing tonight and if even been working on several of the projects in the Waterfront Redevelopment area for a number of years yes around 13 years and have youve been working on the beach club project in particular I have I was involved in um the both the design as well as the approvals can you describe some of the efforts that Asbury Partners has made in order to obtain consent under the subsequent developer agreement to construct the beach club sure so we've uh we've reached out to Mr on a number of occasions um starting back in 2018 we sent them a letter on uh May 29th 2018 uh seeking M's uh uh consent to build a private beach club on this site um we followed up on that again with a second written request on October 14 2018 and then we Asbury partner sent another letter requesting consent on March 14 2022 um since then both parties have engaged in a number of conversations regarding this um the last uh inperson meeting which took place uh regarding this topic was back in December of 2023 and the last conference call we had regarding this was on was in May 2024 um since then um negotiations remain ongoing and that's and without M's consent under the SDA are you do you have all of the governmental approvals you need to build this project no we do not that is all I have for Mr fergo okay sor no does the planning board have any questions of the witness so just flush out m is Madison marqu entity yes yes Madison Asbury retail in partnership with them aren't you some degree I mean I saw when they orig over asur Partners as as far as Asbury Partners they there is an agreement between the two yes y so you share interests in the development on the war yes yes and I sure you have no other leverage over them uh I I will just say that we are not able to discuss all the specifics of the negotiations but they haven't yet resulted in an agreement on this topic you're not able to say what the problem is we're hoping assistance to them getting well the easy answer to that is underneath the the answer to that the easier answer is underneath the subsequent developer agreement they have to be willing to build the public beach club within 18 months after we start the private beach club so you would build the private one and would build the public one that's what the subsequent developer agreement requires and it requires the public ones to be constructed 18 months after the private any other questions from uh planning board members of this witness go ahead you reference uh that you have sub but not all the permits you need from governmental enties what percentage of the permits you have and what percent other than other than building permits to our knowledge this is the only one outstanding we have D approval uh we had received all other approvals from any ancillary agencies any other questions from planning board members of the witness okay um anyone from the public would like to question this witness based on their testimony anyone oh don't no you have to go to the microphone please okay I'll tell you how it works I have to give my address publicly and your name I'm not giving my address publicly I'm on TV if he gives his I'll give mine okay sorry I'm a young woman living in Asbury Park are you let's do it this way are you I live in the Northwest section of Asbury Park and I'm a resident why don't you let me ask the questions first before you give me the answers it's a good question are you a permanent resident of H I am go right ahead what's your timeline for getting your last uh approval well we we continue to have uh you know conversations and negotiations with them I can't provide a specific time time frame but we are making progress anybody else hi I'm mine Monaco I live on Ocean Avenue in Asbury Park okay I have a question for you yeah are you the if you're going to look at your phone are those your questions questions that are being sent to you from someone no I just wrote them myself as I was listening that's all I need to know your questions go right ahead okay so I don't forget them I write them down go right ahead so if Madison Marquette does not approve Asbury Partners Pool Club plans then can Asbury Partners build anything else on that site oh interesting question under the exist this is more of a legal question so you don't mind if I answer that but un under the um Redevelopment plan actually sorry under our site plan approval this is the only thing that we have approved here um under the Redevelopment agreement it's currently the only thing that's approved for that area so we could seek to amend the Redevelopment plan we could seek to amend the Redevelopment agreement uh both of those would require the city council to consent exist today as the law exists today the only approval for that site is the one you have the only site plan approv permitted use on that site pursuant to the current plan as it stands is the use that you have I don't recall if it's the only permitted use but it is the one that's specified under the Redevelopment agreement and I I heard that the the Redevelopment plan the 2002 Redevelopment plan expires in X number of years how many years is that so how many years do you have to ask Madison Marquette for their approval I guess is what I'm asking actually off the top of my head honestly do not recall that the date that it expires I truthfully I just don't know the answer to that but I know that it's still ongoing so if it if let's say it expires in three years I don't know what it is because we were very involved several years ago but I haven't Revisited all of that if it expires in say 3 years does that mean that you no longer have the right to build the pool Club there it's an interesting question but once the Redevelopment plan expires if the city council were not to reup it then we would have to look at what the Redevelopment agreement specifies as far as our ongoing rights as a designated redeveloper okay and then if Asbury Partners decides to sell that property because there are your Asbury Partners is selling other properties in the Waterfront area if they decide to sell that do the new owners still have the right to build the pool club and obviously they'd have to get Madison marquet approval so if we were to sell it the first thing is in order to sell that property we would need the city council's approval under the Redevelopment agreement uh and but the site plan approval would transfer to the new owner if it were approved by the city council to transfer okay I think those are all of my questions okay okay thank you Ellen Michaelson 1501 Ocean Avenue um the first question I have is a clarification over the years this has been referred to as both the beach club and the pool club that that was not just to be clear that was not testified to today so so this this is called the ay Park Beach Club that's the name of the project okay so so that was not testified so we have to keep it to what was testified to okay um well I have another question I don't know whether this is pertinent or not give give it a shot give it a shot okay um at the time of the the planning board last meeting uh regarding this in November of 2021 just before that meeting there was uh there were new FEMA rules that had come out uh relating to uh concerns about um uh about flood zones and and Coastal flood zones and just recently um there's a proposal before uh New Jersey proposal something called real resilient environments and Landscapes and I know it has hasn't been passed yet but I just want to know if that does get passed while all of this is going on what potential impact might that have for any of the um for how this might proceed this Jack I'll leave that to you whether that is a question that well I think Smith just testified that they have their D approvals and the like right the so I would think those approvals will apply to this project that's correct the project is previously approved go ahead they already have the project already has D approval so they already remember that we said that there were all these approvals that had to happen there's one outstanding that's the one that's being brought up so the D approval has already happened they already have it it happened before this law was that's correct that's correct so so if nothing is you know if this is still p pending let's say while the law it's not it's not pending the approval not ping the approval has been granted so new laws will not well impact it I I can't I can't tell you because I don't know what the legislature is going to do you're speculating on what the legislature May or want to do I can't either Jennifer you want to say something that's fine but as far as I'm concerned on a legal perspective we apply the law as it's written now and how it applies to the project the state of New Jersey does something a couple of years from now we'll find out if it has an impact on the project or not at that time I agree with your assessment anyone else have a question that they would like to ask hello uh Jeff Lewis out 1501 ocean half here in Asbury uh just a couple questions really for the witness testimony so I know you referenced a few different years the first one being 2001 so 20 23 years ago uh the witness then talked about the first letter from 2018 then a second one in 2018 but then brought up the fact that the last face-to-face meeting he had was in December of last year followed by a conference call last month so they are asking this committee to effectively extend even further they've had had six years you testify no I I guess what I'm trying to understand specific to the testimony what is taking so long with you and your partners then I mean what kind of business is this I don't know how to answer that question all right I'm sorry so what exactly is taking so long where while we're extending so much further you're asking the committee to extend even further it seems to me and probably every okay I'm just trying to understand if if they could go a little bit further in depth ask the question and then let them answer it and then you get a chance later on to talk about your feelings all right so where do we leave in 2023 with respect to the meeting last meet last actually I believe that he just testified that in a prior question where what was the last thing that happened what's what that that you're making well go ahead you you say it the last conference call we had discussing this was last month um all of the dates and that I just mentioned the timeline earlier that's that doesn't include all the discussions that we've had to date or you know conversations regarding this those are just some key dates when we've either you know exchanged letters or we wrote letters to this or met in person discuss okay so follow-up items are that that's the only follow-up item to get the approval or agreement right correct okay keep you're up anyone else have a question go ahead no can stand in line uh my name is Steve saden I'm at from 1501 Ocean Avenue sure um my question is has it always been has there always been a link between a public um facility and this private club or is that a new development that's happened it's irrelevant to what we're talking it it is it is irrelevant to what we're speaking about and why is it irrelevant because that matter was discussed at length at the application there were people who brought up they wanted to discuss whether it's public private so whether it's a pool club or Beach Club this application received approval to build what's been proposed whether you want to designate it as a beach club I can't hear you whether you want to designate it as a beach club or a pool Club no no no no I I don't mean to I'm not trying to confuse the issue all I want to know is there seems to be there's been discussion within our building is there a whatever we're referring to this now a beach club is that what the term is what do you what do you how do you want to characterize what your building we've always called it a beach club well I think it's important you've already said it's what is the term we're using now it's called the as Park Beach Club okay it's a beach club is the beach club has there been also an issue of building a public beach club in addition to the private in two locations on the beach in order to allow that somehow they're joined so that uh there the necessity is uh for the project to go forward both of those items have to be built the party's obligations concerning the construction of a public or a private beach club are set forth in the Redevelopment agreement and the subsequent Redevelopment agreement with M Madison Asbury retail and that sets forth the obligations of each parties for both a public and a private Peach club I'm sorry I wish I could hear her I I'm sorry I'm sor have to have my back to there's not not a good way to do to them won't pick up on the mic goe go ahead sorry the the obligations of the parties for a public beach club and a private beach club are set forth in the Redevelopment agreement as to who needs to build what and when are they related are they the same organization that's building both it is not the obligation of the same organization the subsequent development agreement with Madison Asbury retail provides that the private beach club is to be constructed by Asbury partners and the public Club is to be constructed by Madison Asbury retail okay so they're not contingent on one another each party needs to consent to the construction of the other okay and didn't you say sorry we just have to keep order that's all go ahead Dave Michaelson 1501 ocean uh couple thing in the continuing vein does there negotiating now with that other entity the one who's supposed to build a public pool uh does that have to be built before this or or just the the approval from it to be built go ahead I'll say it I'll say Okay timeline on what's built or and when Once the private beach club is commences construction the public beach grub has to commence construction within 18 months but neither can commence without the consent of the other party okay okay I didn't I didn't know that I had another question but it's gone okay thank you anybody else have any other questions I Carri Butch 500 daily Drive um is it like ly that if the zoning lapsed and there was another application that it would be turned down due to new regulations that the D has and the EPA has is that or FEMA is it likely because of where it's at and the flood zone and everything else like that that it would get turned down though though this that that really has nothing to do with this but we can't predict the future no it it does have something to do with this right it doesn't this has to do DP has already approved this and the fact that they said what they said and they're asking for extensions that they asked what happens in the future will happen in the future we don't know okay cuz the last time I remember we were I think Donna was leaving and saying that she was going to come back to the table with certain information that was the former city manager about nothing to do with you you're you're telling us things about somebody that's not here ask the question of a witness's testimony and we'll make sure they answer it I don't okay I'll ask I'll ask a question do you recall the last time we got together in a public forum that the city manager was going to that that that wasn't a planning board this here this year nothing I would hope it would all be related shck I would hope it would all be related because it all matters right now you're testify all right I apologize for testifying I'm sorry but we have to have certain rules we got stay Rel yeah go ahead hello um Kathleen Muma uh Avenue um I would just like to make sure I understand the term zoning protections so does zoning protection that means that right now the land is zoned to be a beach club is that what is that what the protection is for yes okay under the Redevelopment plan there's a whole series of of regulations that pertain to this project that's the that's what they're asking for the protection of those rules going forward for another two for a two-year period commencing in November of 23 to no okay so the zoning protections that come along with the project are in the Redevelopment plan R the rules that apply to this are in in the plan okay and that's the that's what they're asking for that those rules in the plan that's public information like the one from 2002 that we can look at on the website sorry the one that's on the on the public website that we can look at I don't know if it's there it is it is the existing Redevelopment yeah okay mhm okay thank [Music] you okay Norm normally we do not allow a second round but oh but you did say I a second you forgot one go ahead just repeat your Dave Michaelson 1501 ocean um the question was during the proceedings several years ago I thought that the Redevelopment agreement reper referred to that property as uh as allowing the struct the construction of a pool club bringing up I mean you're referring that was not discussed today that issue was long ago vetted out the difference between the two is semantical is it because there's no direct access we not that is not what this is year to reopen this case that was decided this project approve as it exists now and it's permitted under the plan it was permitted then and it's permitted now okay thank you to the discussion thank stepen lenson 1501 Ocean Avenue uh thanks for the clarification on the the timeline that you're talking about uh the pool club or Beach Club be commencing uh construction and then the secondary one within 18 months my question is since you're working on getting these approvals what type of protection does the city of Asbury Park have that the second Club will actually be built after whatever agreement is reached between these two other parties first let me just clarify I misspoke earlier it's eight the second Club has to be started within 18 months after the completion of construction of the private I think I said commencement before but it's completion and so so if you wouldn't mind just to turn around and just just tell the public that again okay sorry the the the public beach club per contract with the city has to be constructed within 18 months after the completion of construction of the private beach club I think I misspoke earlier and said commencement of construction So within 18 months after completion of the private the public would have to commence construction we would have to commence so still the same question what protection does Asbury Park the city of Asbury Park have that this agreement is going to be followed through you can reach agreement with with this other company build your Beach Club and for whatever reason that company goes bankrupt out of business or for whatever reason chooses not to follow through what protection does the city of Asbury Park have Asbury Park is a party the city of Asbury Park is a party to this agreement that we're discussing with both the Redevelopment agreement and the subsequent developer agreement so it's that contract that would protect the city of Asbury Park what oh it it's an enforceable contract just like what sorry it's the same enforceable contract I'm sorry it's the same fact that the city has uh been asserting its contractual rights under that agreement as to other things other than the beach club it's like any contract that you would sign it's so that potential does exist that the pool club or beach club would be built and then the other club doesn't get built for whatever reason and then just have to live with what's there and not having the second part of it through yeah I don't I doubt the city of dep would sit by idly do nothing since they're party to that contract and they would have they would have a stake in that outcome they would just sit by idly and left just descri this this was not testified to so not part of this I'm only trying to be courteous yeah well I understand it's just part of what was brought up just now about the 18month period commencement and then of course that changed uh that that's all right as well I'm just concerned that we're going to be left in a situation where there is one beach club and the one that's being being done for the for the public doesn't get followed up on got a mayor and counsel and a city that that you have to go to talk well it's not a discussion it's just much easier to to keep something from happening than try to the answer to the question city of Asbury Park is party to this they're there to protect prot your rights as well that's the answer anybody else have any other questions of the witness hello Elizabeth cashow 1501 Ocean Avenue um it seems that a lot of this is contingent upon a lot of this relationship is contingent upon the Redevelopment plan and the Redevelopment plan as you stated has an expiration date um does anybody know when it expires so we can actually that question has been asked a number of times and it we don't know it I actually have unless you right now yeah it's 30 years after the date the city council approved it which was in 2002 so so roughly 2032 roughly thank you but that was testified by a board member not by an attorney yeah just saying I'm just reading off of the Redevelopment that's probably yeah it's probably pretty close anything else from the public any questions okay does the um I'm guessing that our our our witness is is relieved that's correct I have no further questions for the witness okay all right okay does does the um does anyone on the planning board have any comments that they would like to make yeah I I think it's very interesting I understand that the city would protect us in the in the the instance that they they faulted on building the second the P Beach Club I just wondered is one of our remedies that ASB Partners would have to build if they s they developer once again that's a comment and that's not really a question it's just a statement we we planning board members can make statements as well any any other comments from the planning board members it might be helpful before we vote that restate kind of what the charge of this body is and we still have we still have to hear the that's fine that's fine okay any other any other comments from planning board members I guess my only comment is um and I remember we went through a long period of let's the testimony on this the first time around and you know the plan hasn't changed since 2021 no um the underlying ordinances the Waterfront of plan haven't changed since 2021 um and I think from my perspective that's kind of what we need to look at is what what is the law what was the plan since nothing's changed um you know from my perspective I'm not sure that we need to um think how to say this I feel like nothing is nothing underlying has changed so I feel that the the my vote would be to continue to allow what was already approved MH anything else from dining board members okay uh motion to open public uh comment session second okay all in favor okay if anybody from the public would like to make a comment oh go ahead oh I was just going to say I'm G to step down from the day I have my back to everyone go go for it okay uh like we said three minutes and uh I believe that we need uh name well yeah you're actually going to testify so you have to be SW normally I would have to get your address I'm happy to write it for you but like I can't go on TV with my address that's fine I'm not going to ask you okay thank you please raise your righton I do state your name again for the my name is Ali Gyer kanana and you are a permanent resident of the city I am okay go right ahead go ahead three just a second second okay go I just wanted to uh reply to your comment that nothing has changed since 2021 but it's 2024 and I would opt uh to argue that that's a big change um if they have been struggling this long to agree to get someone to build a public pool that's insane if I had to beg a man to marry me for 3 years I should walk away from that man that I shouldn't give romantic advice here you are correct but I'm just going to say also the fact is we can't uh even answer whether or not this company is looking forward into the future to determine what will happen at the waterfront as everyone here has agreed there are current laws coming down the pike to discuss uh what our landscape will look like and what is safe in the face of climate change and we have been watching climate change for the last 2 and 1/2 years last September cars were floating down G Lake Drive which uh and Wesley um Lake Street that was not great for those cars or the environment or for anybody's blood pressure watching it so to answer your comment which is not a question so I can't really answer it but like 2 and a half years is a long time and all that's all I have to say about that thank you for your time I hope you have a lovely evening and I really appreciate being here I'm thrilled to be a part of this community and I'm thrilled to be among so many people who are so Fierce about protecting it anyone else that would like to make a comment any other comments okay go ahead please raise sir Sol swear airm testimony about to give this matter the truth the whole truth and nothing but the truth I do please state your name for the record Steven S and spell it please saden thank you um my only question is will there be any not a question sorry it's a comment it's not a question okay I'm sorry I realize it's okay I get it go ahead uh I want to know if oh I did it again um the architectural um drawings that were submitted that will continue to be part of what is eventually built there won't how do I ask without asking a question is this going to change that's all I want to know can can they can they def the witness and lawyer can can that change in the next three years you're supposed to being presented you're supposed to tell us what you think now oh I'll tell you what I think there you go tell us what you think tell us what I'm concerned that the building will change architecturally and that our building will be 1501 ocean and yes it is full of rich people um oh some of us um will that building it seems to me that the building will affect not just our building but other buildings in the neighborhood and I'm concerned about the fact that it's gone through so many different different variations the architectural drawings and whether at some point it'll be an eight-story Beach Club as opposed to right now supposedly it is a one and a half story building but of course that doesn't appear to be clear either and I'm not quite sure why it is we don't actually know the detail on this it seems like that's very vague and that's just my feeling that it's vague but it does seem that um everybody in this room and we've talked about this in our own building in conversations that um we actually don't know what that building is going to be and why do we have questions about that because it affects our neighborhood and affects property values it affects climate change it affects anything so anyway that's my St thank you I would say that you need to look at the approval documents for this project which assiduously details what is allowed and what will be constructed under this agreement what was approved because the plans exist what was approved it exists in the planning office okay they're there there's a there's a copy of the documents yeah they're they're online also they all exist thank MH I mean maybe to his concern is they can't build or do anything other than that good currently they have to build what's right Ellen Ellen Michaelson 1501 Ocean Avenue thank you you Solly swear affirm testimony you're about to give the truth the whole truth and I do okay go my understanding at the uh fin planning board meeting in November of 2021 was that at that time we were told that uh there would have to be new engineer uh a new plan submitted to the engineering um I think it was the engineering department and then the environmental department and that because of the FEMA ruling that the uh level of the water table was such that the uh grounding or I don't know the technical terms were going to have to be raised by I don't remember whether it was three or five feet and that in doing that the it it would extend the maximum height above what was allowed and therefore the plans were going to have to be resubmitted redrawn resubmitted and to my understanding that has not yet happened I just want to clarify where along this process that is being considered tonight um that would take place what I can tell you is that any condition there a 12-page resolution lots of conditions of final approv all of those conditions have to be satisfied before the applicant project so whatever those conditions are there's numerous conditions regarding engineering probably some architecture I don't know I don't have memorized all pages is that available to the public absolutely the resolution is public docum absolutely and where would where would we find that on the website on the planning board website there's there's resolutions for every single application that we've ever we've ever heard all the documents are there extremely detailed resolution I I will look for it and I'm sorry I'm just I am going to ask a question just so I can understand the vote the vote that you're going to take what does a yes vote mean and what does a no vote mean a no vote means that the board has decided that what they have told us insufficient or incredible uh to Grant continuing application this and also in this case regardless of the outcome of the that does not mean the project gets denied or the project is terminated the project as I said in the very beginning those if that ordinance is not changed up until the end of the Redevelopment time but for the next six or seven or eight up to eight years you can still bu the project okay thank you hand fir test to this the truth the truth I do do you state your name mind your address Katherine Healey 8th Avenue uh great it's a small Street um I have to make this fast because I have to get home put my kids to bed uh but just coming up here um semi Echo Ellen and just State my con overall concern with where the project was left how much time has passed and um the document from FEMA being a homeowner in town having flood insurance ourselves what that would mean for the city um again based on what you had told Ellen maybe this is not the time or the place based on all the other steps and all the other committees um what have you that need to go through this but just feeling really concerned about the fan document from 3 years ago thank you I I succumb my time thank you any other comments from the public okay um motion to close public second okay second Jennifer all in favor any oppos i s okay um as uh can we get just a uh quick summary of what we are voting on to make sure that the plan board members 52 of the municipal land law is essentially continuation of the applicable laws that existed at the time and still exist today to this project it's all you're doing not you're not you're not extending site plan approval site plan approval hasn't expired that's all you're doing MH and I think that one other thing that we might want to mention Jack is that if any planning board member chooses to vote no we always ask the reason why you would vote no and no judgment it's just so that it's on record as people voted yes or no right and that that would be true on any application so okay all right um I'd like to make a motion to approve this application the extent for the do it for the extension of the two years I'll second okay thank you James bonano yes Eric alipo yes Jeremy Hoffman yes Daniel shano uh no and I'll tell you why so uh you know just to clarify for everybody you know as it's been said they have the right to build under the Waterfront to build what they said they're going to build under the Waterfront Redevelopment plan until it expires and they're just asking now for protection that if you changed a law but as long as that Warfare plan doesn't change until expiration they're still going to be able to build what what they can be under the plan and it's unlikely the Waterfront plan will change because both the city and the developer have to agree to any changes okay so I'm voting no because you know Madison Marquette who's this m who still hasn't given this approval um I'm sorry ASB Partners you got to find something you got to use some leverage you got to get this it's been it's been years that this is the making and if you want to build it you better do something so I vote no not to extend the time okay next um Jen saer yes Vice chair goonan yes chairman corac yesion it's granted okay thank all right can I motion get a motion for adjournment move second Daniel and Mike all in favor I None opposed nope