roll call Tor here rymond Mass here here here Sharon Lee here v l here Paul KAG here anna Bru Here Am Amanda darus Eugene here Chris here at notice of this meeting has been posted in Bur Hall filed with the B Clerk and ASB Park Press times and star this meeting is being tap recorded in the event the applicant uses Services of cour reported to transf papes board requires a copy of the transcript we will break it at 8m for deliberations Testimony heard this far in the conference room on the first floor publicans invited to attend however discussion between board members and the public is not permitted at that time no new cases will be occurred at 9:00 pm. the Red Bank Zoning Board of adjustment has maintained a policy cut off hour 9:30 p.m for hearings and the applicant I heard this evening will be carried over to the next scheduled meeting um Pledge of Allegiance Pledge aliance to the flag United States of America to the stands one nation God indivisible justice for all aspirationally it's good thing don't see any non items so we have some administrative matters we have meeting minutes for January 18th and T we need a motion I mean a motion I'll make the motion exp it Anor yesman M yesen Hogan I accused yeah you go I there for half oh okay then yes that's what I heard K what you eileene refused herself from the application but she was here for the I would just recuse yourself from okay V yes Sharon Sharon Lee Yes V I wasn't here for that oh I thought this was the 18th yes and Chris hayen yes I have accused myself there as well so that's F yeah yeah all that yeah okay next we have a resolution approval for 28 South Street all right Mr chairman that was the approval to con uh off for the construction of a detached garage at the site and the conditions of approval included compliance with Shaun's review memorandum and a couple conditions so uh confirmation that there's no further expansion or intensification of that structure absent further formal approv of the zoning board the garage is not to be utilized as commercial purposes uh the garage is not to be rented or leased or utilized by anyone other than the occupants of the three family home um oh you know what I um and I have that repeated again um and that they perpetually replace Landscaping at the site uh completion of the project there's only one garage uh there should be no additional charge to the tenants Beyond rent uh to to occupy or to utilize the garage and the internal storage areas or actually the garage is going to be compartmentalized we went back and forth on that into the three uh sections so as to minimize the possibility of any um tension between the tenants and we also have said that they are going to attempt to utilize the existing footings and Foundation if that's possible if not uh they can't the existing footings and Foundation cannot support the load they're going to use new footings and a new foundation in such event as we said there's no obligation for them to come back unless law provides to the contrary or doing so creates the need for a new variance or doing so exacerbates or intensifies or expands any previously granted variance or other good cause exists and that's uh fancy language for if Shauna doesn't think it's the right thing to do they don't do that and they rever review the load capacity City with their we encourage them to review the load capacity to make sure it can support the proposal and then if the applicant chooses in the future to repave the existing driveway they submit a uh development permit to Shauna and they comply with what Shauna says or lawfully appeal Shauna's decision the garage is not to be used as livable living space or habitable space and they sign a deed restriction that we get recorded in the office of the county clerk and no water service sewer service or Plumbing Service to that garage and uh garages are a little uh intense which is why we had the uh uh so many conditions and what we can do is we can subject uh adopt that subject to just uh there's two or three repetitive things in there that I can knock out so if that's acceptable to the uh board Mr chairman we can we can adopt that okay somebody want to move to I I'll move to except a second whoever Anor yes Raymond Mass yes yes Sher Lee Yes Vincent light yes yeah an Cruz yes and Chris yes okay we have another administrative issue with 120 Mama Street sure and Sh um I know we had previously approved that and there was a request to uh make some administrative changes can you just for the record say what those administrative changes are we can bring the witness up and then we can uh if it's acceptable to the board we can administratively approve those those very minor changes uh let's have Michaela just come forward and just have it on a record all right so Mr Netta even though this is a a informal part of it we'll just why you we'll swear you in if you can just state your name and business address please Michael 11 D road10 New Jersey all right and just for the record do you swear that the information and testimony you're about to provide will be the truth the best of your knowledge to help you guide okay and then just for the record your affiliation with uh the 120 M Street application is the development okay so why why don't you just briefly explain to the board and or the public what your proposed amendments are sure the uh proposed amend to the approval in 2021 and the subsequent administrative approval in 2022 that what proposing time is to change the color of the exterior facade building um to a more different shades for GR light and dark there's no new additional variances being created um with this request not neither there no other VAR created the other process par is a little less okay so U Mr chairman uh there's a request here to administratively change and obviously we don't uh do administrative changes uh too regularly um because you want you know or unless it's it's formally uh uh effectuated so if there's a request and it's minor and it's not significant and it's not changing dramatically dramatically changing the way the um the proposal looks and it's not creating any new variances or it's not exacerbating any previously granted variances if the board so chooses and there's no obligation uh you can administratively uh modify um the approval if that's your pleasure so in need to make a motion and to approve sure if if it's acceptable you could make a modification uh to mod uh to have the the plans amended as the witness just testified and Shauna uh do we need a resolution or do we just authorize you to write a letter to the to the board for the file so that we all on board of what the approval and what the modifications have been right yes um I will document it and put it in the file for this application so that um it's on the record and the minutes will reflect this also very good yes if if that's the pleasure of the board do we need to make a motion yes okay I'll make a motion to and Tori yes Raymond RZ yes e Hogan yes Mano yes Sharon Sharon Lee Yes M yes and yes great thank you you we have one other administrative thing we need to deal with and that's the uh rayp rayp so Mr chairman I'll take the lead on this and uh Mr McKenna is the attorney of record on this this is Ray WAP reality and you'll recall that uh we amended the approval in h June uh I'm sorry it was an April meeting and the resolution was the following month or in June and basically one of the conditions of the uh of the most recent approval was that a construction permit was to have been issued by December 31st 2023 uh several days ago Mr McKenna on behalf of the applicant requested uh a retroactive extension of that time frame uh there's no obligation that we grant that um if the board is so inclined to do that we should uh make a motion to extend and we should retroactively effective and we should put I would submit a new time frame in there and then um if that's uh the pleasure of the board we can do a motion and a resolution all in um but I'll handle that if the board is inclined to Grant the extension and the time frame for the same well I I'd make a motion to extend the time frame to July first um I'll second it okay and uh I guess sha should I do I guess do the motion and then I'll do the resolution that makes sense yes okay and it will be subject to all conditions of the prior approval and and just since we have Mr McKenna here um is that do you think that's reasonable yes it is me too we can do a vote and then I'll do the resolution and Tori yes Raymond Mass yes e Hogan yes yes Sheron Lee Yes Vincent Le yes Paul KAG yes all right so the resolution dis speering that would be uh do Red Bank Zoning Board of adjustment pre previously approve the application of Ray rapity Inc and as Gardens project to effectuate the number of improvements which was at that point subdivision of the subject Lots construction of 14 townhouse units construction of two detached Standalone affordable housing units uh creation of a common landscaped Garden lot and construction and installation of other various site improvements and um whereas the board recently uh approved an amendment to that plan and that Amendment uh included elimination of two of the townhouse units reducing it from 16 to 14 and that Amendment also increased the width of each Town housee unit from 14 feet to 16 feet which would not change the overall building footprint and we also the change that was also approved was changing the form of ownership for the proposed Lots from a Townhouse Association to a fee simple and where as a result of the condition of that amended approval construction permits were to have been issued honor before December 31st 2023 whereas construction permits have not yet been issued whereas honor about January 30th 2024 the applicant's attorney formally requested a retroactive extension of the aesa time frame whereas the applicants Representatives advised that subsequent to the amended approval there have been substant developments associated with the progress of the development and whereas some of the good faith uh forward progress associated with the matter included uh there's been uh the formality of a new partners ship into the arrangement who has assumed uh the obligation to spearhead the project there's been significant uh advancement of the resolution compliance issues there's been uh shown a submission of a landscaping plan fees have been paid submission of the association revised Association documents associated with the uh initial board approval and submission of cross access easements as required during the initial approval and Sean I believe you said the burough Council recently approve the developers agreement right and whereas uh the board zoning board is in the opinion that the extreme delay associated with the now abandoned site is not beneficial for the property the neighborhood or the community at large and whereas immediate construction of that project or near immediate construction of that project in accordance with the approved plans will be beneficial and whereas good cause having been shown the zoning board hereby retroactively extends the time frame for the securing of the construction permit from December 31st 2023 to July 1st 2024 and uh just for recordkeeping purposes the zoning board can make no further representations or guarantees with regard to any future extension requests and that this extension retroactive extension is subject to all terms and conditions of the prior approval unless specifically aviated herein Mr chairman if that's acceptable we could adopt that resolution and I will have that typed up tomorrow okay someone want to make a motion to approve resolutions for Mr Kennedy approve Itor yes Raymond M yes Hogan yes Beno yes Sharon Lee Yes Vincent light yes okay yes okay move on to new business 64 North Bridge Avenue all right Mr chairman as the applicant team gets ready to speak let's just do a couple of preliminary procedural things is there anyone here who had any questions or comments or concerns regarding the sufficiency of the notice they received all right we don't see any and for the record uh the zoning office and I reviewed the notice and found everything to be in order so it' be my uh respectful opinion that we have jurisdiction to proceed tonight and we will uh Mark in uh to record what we as a board have uh before us so the uh let's see the we're going to Mark the application as A1 the intent to proceed and that's uh dated November 15 2022 as A2 and we're going to Mark as a A3 Shauna uh Ebanks review memorandum dated October 11th 2023 and we have as A4 architectural uh plans and sign details prepared by Jeremiah Reagan and I think dated November 15 2023 consisting of two sheets and Shauna for recordkeeping purposes let's swear you in sh Ebanks you are The Bu you're a professional planner and the bureau's director of Community Development do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best of your knowledge to help you God yes okay so uh good evening Mr McKenna and after you enter your appearance if you wouldn't mind and we could have your client do it just for the record State who the principles of L hrb LLC R and who the owner is just so we can do an inter Journal conflict checked good evening sure good evening um edone on on behalf of the applicant and U Mr Valerio Mr Valerio are you the own of this yes we'll just swear you in for a second uh so uh Mr Valerio if you could just state your name and business address please or home address Kevin Valerio 64 North Bri Avenue red Banker's business okay do you swear if you could just raise your right hand do you swear that information and testimony you're about to provide will be the truth the best of your knowledge to help you guide thank you all right sorry in your Fe with you Mr McKenna no not at all so Mr Valerio you're the owner of this particular Enterprise is that correct yes and actually you've been the owner oh I'm sorry you the own thisise 28 years yes 48 years um Kevin sufficient for the conflict Check Yes any other uh partners that are members of the company okay so uh hearing the name Kevin Valero and lhrb LLC does that ring any conflicts or raise any conflicts nothing thank you thank you uh Mr chairman members of the board first of all I want to thank you profusely for extending to me the courtesy of perhaps appearing via telephone I've been out of the hospital for two weeks now M and I did not think that I could physically be here but I'm really glad to be here and see everybody and uh I was happy to truck in here this evening so I just want to thank you once again for first um I'd like to just offer a brief explanation Mr valario is here as well as the architect but I I don't know if there's any complexity to the application I'll explain to you what I mean um at first blush there were two variances that were going to be necessary the first was because the sign in question was going to be elevated above 20 feet in height and any uh signage in this particular area would would have required a variance to to be over 20 fet what we did do however was in order to eliminate the variance we asked the architect Mr rean to redesign it so that in fact we would be under 20t and we s in an amended plan and we are under 20 ft so we've eliminated the variance and Tra do we need to mark that amended plan into evidence I believe that's the one that that's one okay got it it was revised October 2nd correct yes okay okay um so what we're left with is um variance for the on lighting and what I'd like to explain to the board is would mind I I thought it would be beneficial for the board to see the current lighting as well as the proposed new ligh so we'll mark this as A5 and what is A5 it's a photograph of the existing lighting as well as a uh the new lighting had seven copies I thought I had more way of information um the Lighthouse is uh part of an organization known as stos so every Lighthouse isolo franchise so to speak so strol decided that they wanted to have uniform signage for all of their um White House facilities and the second page of what you see there is exactly what they are requiring all of the lighthouse franchises so in our case um we redesigned our signage um and that's what the new sign will look like now the the purpose of the variance is um that it's going to have neon lighting um if you notice on the first page um the lighthous has had neon lighting for 28 years so it's not unusual for them to continue put that in fact the sign that you see on the second page is smaller in dimension than the existing sign and you can see that the the uh the neon lighting is almost like tracing uh so it's it's the standard lighting required by the stos and uh we want to comply with it to continue our business there for another 28 years of um so we you know we got the design and so the only request we making of the to allow us to continue to have neon lighting looks like that's the only variance that we're asking for and we've had it for 28 years we just want to continue it and it's actually less flaring than what was there um so board and and if any board members want to ask uh either Mr Val or Mr any questions I mean I have them here I don't want to take a Time unnecessarily I mean it's a I'm giving you as detailed and explanation as possible there's not much more invol any questions for the board I just have a couple questions um the lights aren't going to flash or change colors in any way not at all they stay the same color throughout Ys um I have a question so the letters will be outlined it won't just be just a strip as depicted uming yeah all all the letters will be neon okay so it'll be like the one that you were you just showed y yeah all right questions any questions from the public can I just ask one just for the oh just for the record is the um neon lights turned off each night when your operation stops functioning yeah um those are June July August every month every other month it's 10 o'clock and I'm closed for four months out of the year so there's no light for four months so peak season 11: p.m uh the other month's 10 p.m. okay and then during the winter season everything's off got it sorry it's okay I just stole his question sorry and any comments at the board okay close that any comments from the public okay close that anybody want to make a motion to approve or deny this application motion to approve I'll second all right and would I uh respectfully suggest it would be subject to Shauna's review memorandum subject to um all the uh promises and commitments and representations that uh uh the development team made tonight and I'm going to see if there's any other conditions that um we'll have the conditions that Mr Valerio just testified to regarding uh the The Shining of the lights that they're off during the off season and off uh when the store is not open and shaa any reason in the world and uh to Mr cno's Point there's not going to be any uh flashing blinking signs sha any reason this has to go to the Traffic Safety Division or anything like that no okay and I think we usually have um uh Mr McKenna just a standard uh standard provision that the uh sign will not interfere with any existing or required site triangle easement and which I'm sure it will not so if those uh are those conditions acceptable to the motion okay and the seconder yes okay Andor yes M yesen Hogan yes Beno yes Sharon Lee Yes vincon light yes pael yes and yes thank you good Lu just say one last thing on this um we may not have a I talked to sh we may not have a meeting uh at the next meeting that's not official yet uh but there's nothing on the agenda and uh if the applicant is looking to uh install the sign if we don't have a resolution uh Shauna that could delay him and prevent permits from being issued correct that's correct all right so Mr chair Mr chairman if the board wants and there's no I mean no requirement if the board wants I can speedread a a resolution into the record so as to eliminate the problem with no no future meeting that's hard all right so basically the resolution is going to testify I'm going to re reiterate what was marked into the record as evidence what they're applying for um and the nature of Mr Valerio's testimony and the nature of Mr McKenna's arguments and we're going to say currently there is an existing sign located on the front of the building at the site the applicant is in the process of for the plans and testimony of replacing the existing roof and in the course of the same the existing sign will need to be replaced likewise uh as a franchisee strollo's organization is requiring uniform sign changes um and uh the applicant needs to comply with same we certainly understand that as a board uh we're also going to say that the application has initially submitted required or likely required variance for um placing a sign outside of the sign area however uh the plans have been revised so as to portray and confirm that no such variance is needed uh we're also going to say that the new sign approved herein even though um is Will basically be located in the same general location as the existing sign which is going to be replaced and the replacement sign will be the same general size as the existing sign in fact Mr mcken you said that the replacement sign will be slightly smaller uh as indicated the application as presented requires a variance for um having a sign which has neon lighting which is not permitted and the applicant here is is proposing a sign which has elements of neon sign and the board notes that the existing sign at the site currently has a neon element as well uh the board notes that the neon element of the replacement sign uh will be generally the same as the neon element Associated uh with the currently existing sign the replacement sign approved herein uh um let's see will uh will not be much brighter than the current sign that exists uh the board notes that the existing sign is at the uh front of the building and it right now it reads Lighthouse Italian ice and the new sign is going to read um Lighthouse stroo strollo's homemade Italian ice um with the application the new sign approved herein uh will not be much different from what has existed at the site for 28 years