hell everyone Hi we have three people in the public okay yeah go ahead and let them in let's rock and roll yep we're here you can get started good afternoon everyone the Red Bank planning board will now come to order the 16th day of January 2024 the time is 4m. notice this meeting is being held in accordance with the public laws of 1975 chapter 231 in adequate notice this meeting has been provided by notice sent to the Asbury Park Press in the tour her times posted in the main lobby of the municipal building as well as on the municipal website can we have a roll call please mayor Portman absent Greg Fitzgerald here present Thomas falsh absent Christina Bon Takis here Sam manuso here Lou Demento absent Barbara Bois absent Megan Massie here present Wilson BB here present itel Hernandez here Frederick Stone here and Brian paragan here great we have a short agenda hi Susan good to see your name on the screen not your face but your name at least um great to see you again good to see um couple of administrative matters we have the resolution of appointment of board attorney if no one has any questions about that do we have a motion to approve that resolution so moved is there a second second we'll do a roll call vote okay Greg Fitzgerald yes uh Christina bonatakis yes Dan manuso yes Megan Massie yes Wilson BBE yes itel Hernandez yes Fredrick Stone yes and Brian pigan is that a yes Bri yeah yes oh okay we can hear you now same for a resolution of appointment for uh board engineer is there a motion if there are no questions on that so moved second second do a roll call Greg fitzgeral yes Christina bonatakis yes Dam and cuso yes Megan Massie yes Wilson BBE yes Isel Hernandez yes Frederick Stone yes and Brian paragan yes and um Shany let the record show that Lou Demento is now in attendance okay so the meeting of the the the purpose of this meeting is to clarify some language in the master plan and um the general point there is that we wanted to make it clear which we didn't achieve in the master plan in the new master plan that the 2009 historic preservation element is still intact and it was less than clear and we wanted to make sure that um that was clear so it's some minor language change in the master plan and we have Susan faade here from our consultant that helped us with the master plan Susan do you want to share a a brief synopsis of your uh letter that you sent us uh for the board and the members of the public that are here sure thanks Dan um really just to Echo Dan's point you know the intent of the master plan was to basically carry forward the 209 historic preservation element we you know we chose for organizational reasons to address historic preservation sort of as a subsection of Lan use in retrospect if we'd had it as its own sort of chapter it probably might have been clearer but the intent was to have that address fully in the section as a combination of kind of you know analysis in terms of mapping raising of some new issues that came up during the ma the recent master plan as well as everything that was in the previous 2009 uh historic preservation element so it was really meant to encapsulate all of that with the clear recommendation that the burrow should be doing a new Standalone historic preservation element but until that occurs that you know the 2009 historic preservation element as well as all of the information that's in your current M your most recent master plan all of that comprises the historic preservation element so it is in in effect it's the basis of your his hisor preservation regulations really has not changed um since the 2009 historic preservation element there's just some you know some more recent information that's that's supplementing that but hopefully the proposed language which you all should have seen we you know encaptured it in our memo to you in early December was really just to add that that language that this master plan incorporates by reference the existing historic preservation element uh and uh further in the document where we have that recommendation about doing a new historic preservation element that it's made clear you know that unless and until that happens the existing element historic preservation element together with the recommendations of the full master plan do provide the statutory basis of your historic preservation ordinance we've talked about this a bit with the uh historic commission both the previous commission and I think as reconstituted the attorney representing that that commission um we've talked about this with her previously and I think she felt that this language would be enough to you know make clear that that's the statutory basis and resolve any any question or issues so it's really just those two minor changes which we think make clear what we intended to make clear all along and and could have done a better job at had making clear does anyone from the board have any questions for Susan while she's here any questions about the language we'll we'll talk about the proposed new ordinance in a second but on the language change in the master plan does anyone on the board have any questions I I noticed that we have some members of the public on the zoom if you'd like to raise your hand if you have any questions about the language change in the master plan please do so we're happy to hear from you I see no hands this like this is like this is such a flashback to the Pand so as we did then we'll wait another minute for anyone who wants to raise their hand uh on Zoom so we don't miss anybody but uh we'll keep that public portion open as we move on to our last item so we've got a new proposed ordinance um for the historic preservation committee so this is a referral from the mayor and councel for the planning board to review all 30 something pages of it um and our job really is to make a recommendation to the mayor and Council that this is or is not in accordance with the master plan especially now with the language change that we're we're going to make to that uh and we will do separate votes on this but I just wanted to see if anyone had any questions about the ordinance the new proposed ordinance which is np202 4-03 as far as its consistency with the master plan both anyone from the board or anyone from the public that has any questions and just to let everyone know that um it repeals the entire section um within the current ordinance for the historic um preservation ordinance so it takes out that section and puts in this entire 20 how many pages did you say I think it was like 32 32 Pages um of the ordinance and and this um was Rewritten um by 22 sorry 22 it felt like 32 um this was uh redone by the historic preservation commission um this was talked about from the prior um historic preservation commission and she worked on it um and made a lot of significant Chang es uh changes that has to do with demolition how we treat um demolition within um the historic districts on how applications are reviewed um and also in having a minor work committee that reviews like very small applications um so it's it's a more comprehensive or uh ordinance on how to deal with individual sites and and also in designating the um future his historic preservation site so it gives a a very good um sweep of making sure that everything is done according to the municipal land use law with that said are there any questions from the board or any members of the public regarding the new proposed ordinance all right we'll take a step back and let's um talk again about the amendment to the master plan with that those language changes to really codify the 2009 historic element uh would anyone like to make a motion we have a we have a sorry um a comment okay Mary Beth uh GL glom okay you're allowed to speak hi can you hear me yes yes Mike do we need to S on Zoom I don't remember um I think we should on this it's a public hearing on this so Mary Beth you and virtually raise your hand virtually raise my hand okay you swear to tell the truth whole truth and nothing but the truth I do okay I don't know if this is a time or place to to bring this up but I talked to Christina earlier today I not I live in the historic district I'm a big fan of Red Banks architecture uh and and think you know we definitely need preservation but I really I not sure I agree with the new ordinance um I some of you know I we recently lost a foundation on our house in the rain a couple weeks ago and we were in danger of losing the whole house so my concern is like if there's a fire if there's a foundation issue like we had and like demolition might be in order and I don't feel comfortable sharing publicly what I make as an income if I can't I wouldn't have been able to replace that house in a year um it definitely would have take longer just from planning a loan and and um you know coming up with the funds so and I I feel like that's just a little bit over the top um now I I see it's completely a different issue if somebody want to come and tear down four houses on my on my block and and um and develop it it it's just I I don't think the clause and and I know for a fact that another in town lost our foundation in same storm because they came asking for our contractor and our contractor said he won't do it again because it was so dangerous I mean we had a hard time getting people to secure the house and you know these houses are 120 plus years old they have unique problems and a lot of them are at end of life and um it doesn't mean that they can't be saved or what not but I just think some of the rules there's modern um materials that can be used to look like old um you know like I would love to get that test Tesla roof that's the solar that looks like slate but that's probably not in my budget ever but you know like it's a dream um you know so I think that there's some more work that can be done on this that's a little fairer for people and not and you don't want to discourage work from happening either by being too onerous now I'm I'm looking at the ordinance and I did read through that and I know what you're talking about I I quickly did a search of income and it references on page 16 about including the tax income tax bracket right I didn't see specific income numbers I realized that those things are related but is that specifically what you're talking about Mary Beth well it was asking for a lot like to what you paid for the house what the current price might be if you couldn't do it you might have to sell your house like I think that's just shouldn't be within your scope um well I can well go ahead Christin I was just gonna say if I can speak to a little bit meath we we chatted about this and since I reread it specifically with your um concern in mind that section because I I I get it right um and it seems like really what it's intended to do is provide this commission with all of the information that they would need to make an informed decision to be reasonable as to whether there is a go forward way to Reserve this site this structure or not some of the other things I think the last one yes said the income bracket but some of the other things were um you know an estimate from a professional about the the structural integrity and what it would cost to um to improve right um I think the the last straw would be if you were denied for some reason um by the planning board uh for the demolition that you would have to um you may have to offer the home to someone who may have the means to preserve it which it looking through that lens didn't seem out of line but I uh I defer to any questions that the board might have as well I I don't the um the the what you sold it for and what it's worth is well what you bought it for excuse me is is absolutely public information what it's worth is not an unreasonable request in my opinion the income tax bracket part I don't love that but unless Mike disagrees with me I don't think the inclusion of that language really falls into the this board's purview of whether or not this ordinance is in line with the master plan and a language change like that would really need to be made by the mayor and counsel I agree with you about the tax bracket thing I don't really agree with that needing to be in there but I also don't think Mike unless you do that that would be in our purview about talking about whether this is aligned with the master plan or not I agree with you I do and I hate to defer people you really you really got to take that specific language up with the mayor and counsel okay we'll do uh Mr chairman can we not however encourage the uh the mayor and councel to uh uh take that into consideration yes I'd be H I'd be happy to do that I mean I made my intention clear if the rest of the board is is okay with that we can certainly ask Shauna to include a note to send back to them that you know either refining or removing that um I think it's I think it's a little I think it's a little in intrusive yeah we could definitely um in the letter stating whether or not it's consistent with the master plan add a recommendation to um look into or strike that um that that that section from the ordinance and I do appreciate the emergency uh work parts of the ordinance that if you know your your foundation is washed out or there's a fire or there's a Hab had habitability issue that there is obviously a faster way to to be able to get moving to secure a property before it completely washes away we certainly don't want the H that to happen in the time period it would normally take for a noner mergency situation we have another hand are uh Mary be are you done with your comment oh yes I'm done you can move on okay thank you we have another comment from Linda Hill are we ready for her sure Linda you can go ahead where is Linda Linda is she just came off mute so Linda if you would uh raise your hand and listen to mic please okay right Linda you swear to tell the truth all truth and nothing but the truth I do you say your your name and address I don't think we did that for Mary R sorry it's Linda Hill and I am at 64 McLaren go ahead okay thank you for allowing me to comment I have a question and perhaps um this isn't under the perview of the planning board if you are limited to whether it adheres to the master plan but I am uh I just wanted to raise a question about the membership of the historic preservation commission um I see that there are three classes of members two of the three do not require um the the member of the commission to live in Red Bank and I I have a concern about that I I uh that seems like a lot to me um and I understand that there is the need for uh expert advice or people who um you know who professionally understand what's happening with historic preservation uh but but that does seem to me to be a lot there's also no um uh there could be a class that requires you to live in one of the you know a designated historic district so is that something that that you have perview over or no I can I can answer that one Dan so the requirements that for the membership of the historic preservation commission is under the municipal land use law and that is by law how you form um a historic preservation commission so the state sets the criteria for who can qualify to to sit on a historic preservation commission um we can't change it we can't go against the municipal land use law our law has to be in tandem with the state regulation because that's what governs um it sets like the foundation for all um ordinances throughout the entire state so what portion of the ordinance is um set in stone by the state the membership that for sure is set in in in in stone because that's how um the section of the municipal land use saww I can find it for you but they it dictates what um who qualified to sit on a historic preservation commission and we can't take away from it um it has to be what what's actually in the in the municipal land use law okay that's why I was asking what port what else uh among this proposed ordinance uh perview what else is uh set in stone that you we do not have any say over it's the um let's see sections 4 uh 490 D1 7.1 through dot dottt which is beginning which is page two yeah page two into page three um so that actually page six too so um page two all the way down so that is can be found in a municipal land use saww that whole section okay so up until um when we get to 490 d55 that entire section is beyond our ability to have any uh changes to is that correct that's correct okay thank you yes and if you'd like you could email me and I I'll send you the section in the municipal land you saw thank you I appreciate that you're welcome thank you is there anyone else from either the board or the public that has a comment or a question okay is there a motion to did we do this already no no we didn't do so are we gonna do a separate a motion for I think we should do yeah I think we should do the the first the the amendment to the master plan really codifying the 2009 historic preservation element and rewarding that to make it it it more clear is there anyone who would like to make a motion um for that amendment I think Barbara did but she's not you're on mute if you said something so move mov D okay okay Fred um is first or Barb second okay Barbara second we'll do a roll call vote on that please okay Greg Fitzgerald yes um Christina bonatakis yes Dan manuso yes Lou Demento Lou you're on mute L you you have to come on live gotta unclick the mute button bottom left with the microphone with the strike L give us if if you're voting yes Lou give us two thumbs up like this and let the record show that I see two thumbs up for Mr dento okay Barbara Bois yes Megan Massie yes wion BB yes elel Hernandez yes Fredick Stone yes and Brian paragan yes okay great and lastly we have the ordinance referral um and what we're essentially doing is affirming to the mayor and Council that this ordinance is in accordance with the master plan supports the master plan um with the the slight suggestion that we made for Shauna okay provide the mayor and Council I'll make a motion to approve that second first um that was Wilson for second yes okay all right Greg Fitzgerald yes Christina bonatakis yes B manuso yes Lou Demento yes yay Barbara yes Megan Massie yes Wilson BB yes itel Hernandez yes Frederick Stone yes Brian paragan yes okay hey everyone uh we will see everyone on May a May February 5th I'll make a motion to adjourn do we have a second second all in favor proposed good afternoon everyone just if you're inside stay inside it's gonna get tonight than you everyone thanks for coming everyone from the public everyone from the board thank you for coming thank you bye bye thank you