##VIDEO ID:ePidzCNrI2I## um welcome everyone today is Tuesday September 10th 2024 and this is a regular meeting of the city of Asbury Park Zoning Board of adjustment chairman avalone will you please call this meeting to order I'd be happy to this meeting is being held in compliance with the open public meetings act chapter 231 public La 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 bulletin board and Municipal website all notices are on filed with the board secretary official action may be taken on the following matters before this board I ask everyone if they have a cell phone to please mute it and this meeting is being recorded by APV roll calls Wendy glasman here Daniel Harris here Russell Lewis here Natalie pasini is absent this evening Jill Potter is absent this evening Tim slick here Vice chair Scully here and chairman avalone here all right so we just have a couple of uh housekeeping issues to take care of first um so the I I need a motion for 306th Avenue uh I'll make a motion to approve the resolution for 306th Avenue I'll seconds and only uh Mr Lewis and Mr SC can vote on that anyway Russell Lewis yes Vice chair John Scully yes thank you all right and I'll make a motion to approve the amended resolution of 1217 4th Avenue Lee Antonio I'll second okay um Daniel Harris yes Tim slick yes and chairman avalani yes Mr scul wait John SC is not Daniel Christopher oh Daniel Christopher or Tim so if chairman avalone is making the motion it would have to be Daniel or I I was Fourth Avenue I was there Fourth Avenue no no you made the mo was I was not there for that yeah I but if he was against it so it has to be um Danel or Tim to second okay okay thank you and then uh just do the roll call again yeah Daniel Harris Yeah Tim slick yes and chairman avalone yes okay all right 503 8th Avenue Whispering Woods Mr Caris welcome back it's been quite a long time been a while good evening hope everybody's doing well the record my name is Andrew Carris I'm attorney for 5038 Avenue LLC the notice is fine I I've reviewed it um the board does have jurisdiction based upon that notice Mr Paris and I have talked several times over the last few months and uh everything's okay so we have jurisdic thank you Mr bman um before we get started maybe we could just have a little recap for the audience and that way uh everyone understands what this is really about this is not really an application per se correct what this is as the board may recall we have presented an application quite a while ago on this property 5038 Avenue for a minor subdivision there's an existing multifam on the lot and the proposed was to subdivide it to create a lot for a single family house on a vote of 54 we had to get is it a I'm sorry five votes that we need to be because it was a Devar and expansion of a non-conform I believe it was a positive vote of 43 but you needed five that's a that's we were one short um litigation ensued the law division reversed they remanded it based upon the remand we' subsequently had conversations to try to get the matter resolved and settled and what we are doing tonight is a proposed settlement called a wooding Woods hearing whereby we present the settlement to the board what we' come up with and then the board votes on it but any settlement would only require a 43 majority vote not a devarious super majority so and the other thing board members as you recall uh there was an order of the Court uh judge zali placed on the record her her findings and the reasons but there was also an order that was filed with the court that indicated um that the matter is remanded back to the board um to to find basically in favor of the application subject to to our further negotiations and discussions under whern Woods uh but uh the court did find in that order which will Mark as B1 uh that the denial of the application was arbitrary capricious unreasonable and not supported by the record thank you so there were a number of conditions that were agreed upon between you and your client is that correct Mr Carris that is correct and a lot of them had to do with the site plan and uh the driveway and the pcare and all of those things seem to have been agreed to by Mr seagull and and I am in very pleased that we were able to come to some type of compromise on this whole issue absolutely and not same on behalf of my client we're very pleased through the issues come up the compromise on this I appreciate that as well all right and with that being said what I will do we have wal Hopkins our engineer we call him to testify we'll mark the plans that we prepared for the settlement as A1 for identification I'll have him go through those plans and what has been proposed okay great oh hi you swear or part that the testimony you're about to provide will be the truth the whole truth and nothing but the truth yes I do okay and your name to the record Walter Hopkin thank you do you want to catch us too uh yeah and Jerry and Donna you swear affirm that any testimony you'll provide this evening will be the truth and the whole truth nothing but the truth it is and in accordance with your professions yes what I'm going to do ahead of time I'm going to Mark the planner report that is dated September 4th 2024 it's B2 and that the orders Mark as B1 under going to Mark as A1 the plans that were prepared by Mr Hopkin they have a date of yeah it is July 29th July 29th yes the the rendering is is dated today [Applause] though well taking a look at what's the Mark's A1 for identification want to briefly go through the site what we're dealing with and what is being proposed sure so very briefly it's block 37 um I guess we should qualify me as well quick oh I'm sorry we didn't even think of that please your credentials sure I have a Bachelor of Science from Drex University in civil engineering I'm a licensed engineer in states of New Jersey New York Pennsylvania Delaware and Maryland I'm a licensed professional planner in state of New Jersey and a certified Municipal engineer in the state of and your license is currently current it is yes sir I appreciate that thank you for your credentials please proceed thank you uh block 3703 lot for it's on the northwest corner of grand and 8th also known as uh 38 Avenue it's located in your R1 Zone uh there's an existing 27,400 ft lot uh with one larger and two smaller buildings and some of this is just to refresh the board a parking area and 10 parking spaces make sure the board's aware of the um of the site it drains in two different directions as well surrounding uses are the high-rise Dake Tower uh single family residential uh and the Garden Apartments um those G those are in the adjacent r r three Zone yes uh what's proposed and this is similar with the prior application is to upgrade the existing site carve off one oversized residential lot of 7500 Square ft where your ordinance permits 5,000 the existing lot would be reduced to 9,000 excuse me 19,950 Square ft the new lot would not require any bulk variances and the use would be in conform perance and compliance with your uh your zoning we would remove the shed that that currently exists and and keep the remaining buildings the site currently has 10 parking spaces we would add two additional this is all consistent with the with the prior application uh Landscaping dedicated fenc refu area uh stor M will generally go in the same direction but we've added a roof leader recharge system there's a small amount of increase uh in impervious actually a reduction what with what you see before you but what the prior engineer asked us to do was to assume full buildout on the residential lot we're not showing anything now but he assumed that we're going to Max that out and we've accommodated that in the still mortar management um all existing uh utilities will continue to service the multif family dwelling existing utilities will serve the um will be extended to the proposed lot and will be underground uh no signage is proposed that's all consistent with what uh was presented to the board previously uh what's uh changed since you saw it last was uh the biggest thing that you'll see and I think it was a point of emphasis for the board is the Portico share will remain we've kind of designed the site around that uh it does require relief for the um the driveway width that will go beneath the ptic coare 12 ft where your ordinance requires 13 in that area uh the parking lad on the Northern side is at 90° um along and exits out to Grand Avenue we also reduced that to one way I believe it was two-way um previously uh wheel stops were added as required as part of what we negotiated uh there's a 6 fo High uh solid PBC fence to separate the two uses uh there's some changes in lighting uh there's some minor comments that I think Miss Miller uh requested that we would of course agreed to as any condition of approval there's also notes and details regarding the preservation of existing Tre to the maximum extent possible and there are also very specific Landscaping comments that Miss Miller's office requested that we've either accommodated or would agree to as any condition of approval that's it in the nutshell I'm happy to answer any questions and in terms of the parking so there are nine parking spaces on the North and then we have three including the handicap that are on the west side of the property correct that's correct for a total of 12 correct yes what I want to do I just want to go through the report that's Mark as B2 for identification just to hit up the points that are reflected in there I'm going to page 3 of 10 3.1b there's a note uh in there a note should be added to the pl to stipulate the existing ornamentation of ptic could be is to be maintained that you have no issue with correct correct on page five which is is 3.1 J indicates there's a small discrepancy in the plan where appears to create light spillage at the driveway entrance additional information is required we'll provide that am I correct yes we will We isue with that going now to K indicates there are no notations at the Subdivision plat as the requirement for replacement of of the existing trees if they cannot be preserved rather than a payment of Lo asking for a note to be added indicating the replacement requirement no issue with d correct no Miss and I believe no if we're going to go just to page n the last comment D on page nine lik pillage indicates this depiction may not be entirely accident fixed to cause the spillage would be partially blocked by ptico we should verify the condition update the plan accordingly that has to do with the lighting plan for the insurance of the dve correct correct no issue with that correct correct that's all I does anyone have any questions for Mr is it Hopkin Hopkin yeah no I'll open it up to the public does anyone in the public have any questions for Mr Hopkin just relating to his testimony please go to the back mic state your name and address for record hi I'm Carrie Butch I live at 500 deal Lake Drive so I'm in that building right I I own a condo in that building I guess I have a couple questions and can I ask any question no no this is all in relation to his testimony okay I couldn't hear a lot of his testimony I'm going to be honest with you because when he's talking to you over here it's it's hard to hear so if I ask a question that you know is out of line let me know okay um what's the difference in percentage of impervious surface that is going to be created on on that site and especially when you subdivide it so when you subdivide the properties on that on the right side where the greenhouse is currently how much impervious surface are you we losing what's the percentage of impervious surface that is going to be on there okay so rather than impervious because we're changing the lot sizes I'll give you a total number right so we're slightly decreasing the impervious with what you see before you right now right cuz we carved off the shed in the area over there and kind of Shrunk The the parking spaces but if it's subdivided can you but what the the board has asked us to do is assume that the Green Space where the new lot is is going to be maximized as far as imperious if that occurs it'll be 400 4600 sare ft of okay and that's been compensated with with the the um the roof leaders from the existing building will be collected and put into an underground system okay cuz I just really wanted to know the impervious surface on the one lot that's on the right and the you know right now you you you're creating Mr H maybe I'll help out here if that's okay sure okay I'll just ask the question for for the for the lot that's going to have the multif family dwelling what is the impervious coverage going to be after the subdivision right so I just want to qualify this by saying the lot's getting smaller correct so the Imp goes up the percentage goes up right so it it will be 56.3 where the ordinance permits 65 so it's going to be 56.3% impervious surface and you said the ordinance PR 65% so it will be conforming yes okay okay so right now was there we're going to lose some parking right in in the neighborhood and right now we have a very serious he did not talk about parking M okay we didn't talk about it we are going to talk about it though before no we are not isn't this about parking space no it is not it's not this about a subdivision so ma'am the the the um application is proposing parking on site that conforms with what is required for the multif family dwelling so parking conforms okay all all right cuz and so then I won't ask a question about the parking cuz or can I ask a question you can ask about the actual lot itself right but you cannot ask about the curb parking okay all right right now okay I can tell you that right now including my unit there's five stories of people that look out again you're making a comment Miss but do you have a question making a comment but I was going to get you a question question so let me think of how to do it okay has there been any kind of study no no okay no just his testimony just his testimony okay all right okay will there be a no just his testimony okay just testimony today will things will things be decided today we were told to overturn our decision Miss which this has nothing to do with an application okay so so let me just explain for the public let me explain for the public the court said to us you have to approve the application that was before us a year ago or or more than a year ago okayed so that's not what I read and and what's interesting is that I live within 200 fet and I didn't even get a notice of this meeting well you live in a condo you're live in a condo you're not required to get notice directly my name and unit number is in the first subdivision one so I just don't know how like between now and then I got lost the the statute only requires notice to be given to the Condominium Association when there's a condominium development they have control over the use of the property the association not the individual unit owners so the statute only requires notice to be given to the association but let me just explain here the court said that our decision denying their application as it originally was submitted was arbitrary and capricious and you have to approve that application we have no choice we have no choice to do that the applicant was kind enough to say hey we understand you still have concerns maybe we can talk about some of those concerns and that's what the Whispering Woods negotiation and settlement does the change the property line the subdivision line is the same as what it was in the application the size and the dimensions of the single family home and dwelling or not dwelling but but property is the same as the original application the only thing that really has changed is some of the layout on the multif family site has been modified to still maintain the minimum the the minimum requirement for off street parking that's 12 spaces so they had that before they have that now uh one of the things that some the board members were concerned this structure is somewhat of a historic structure even though we don't have a historic ordinance uh preservation ordinance in Asbury but some board members wanted to make sure that Portico share and some of the structure was maintained so now we have a one-way layout as opposed to a two-way layout coming off of uh Grand Avenue U and the circulation comes off 8th Avenue through the property and the parking um was changed slightly on the south I'm sorry the west side with that those three angular parking spaces but other than that the use of the property the The Proposal as far as the subdivision that's all the same and we have to approve that according to the Court's order we have nothing else that we can do in terms of of making any additional conditions on this application at this point we're just letting the public know we have an obligation under the Whispering Woods case to have this hearing so it's an a fatea complain you have the right to ask questions but it's got to be limited to the testimony that Mr Hopkin testified to okay I mean my question you know you kind of said was there a study to talk about like can't ask about a study there's no studies no study there's no study doesn't have to be you can't ask about a study it conforms to parking okay cuz cuz right now we have a lot of flooding in our basement and we're we're underneath that impervious surface and I know there's some environmentalists sitting up there and people that care about impervious surface we we do and they are addressing it's compliance they're addressing the water on their property they are addressing it Miss Butch they have to address it yes okay and then in addition you know the noise is incredible you know like okay so that again that's not his testimony you can't ask about noise or make any comments about that right now okay I can't even ask if a study was done for no no stud noise no the studies are all they're all completed okay and right now how many apartments are on the books for 503 okay that wasn't his testimony either that's a fair question we can uh I have 10 Apartments 8 one bedroom two two bedrooms there's 10 apartments right now yes yes okay and you correct you eight one bedrooms and two two bedrooms yes and and that requires 12 parking spaces that's correct currently we have 10 so we're actually improving the situation okay okay and normally are you the the Varian that you're asking for like the are being overturned uh we we we at this point are just giving them an approval on their application so you can't talk about where the curb cut Cuts going to be because I thought that you had to have a front door in order to have Cur cuts are are one on uh eth Avenue with an exit on Grand Avenue all right um you're losing a lot of trees there you're losing like some old growth trees okay you're commenting again miss bush about Landscaping all right that's all I'm going to do for now but I can make comments later yes hi reine flin 5068 Avenue across the stre sorry did you just state your name again sure reine flin fim Ln 5068 Avenue um your comments to each other in your testimony I agree we're hard to understand back here so I heard amendment when you started talking about old growth trees can you repeat what you were saying on the landscape because I couldn't understand what you were saying I think you said there's an possible Amendment if we can save them if we can't save them yeah there was a comment within the planners report that we agreed to accommodate oh there we go there's a comment in the planers report having to do with existing trees the comment and let me read the comments thanks appreciate it it indicates the plans have been revised to indicate the existing trees to be preserved and method of tree protection there are no notations on the subdivision PL as to the requirement for replacement of the existing trees if they cannot be preserved rather than a payment in lot notes should be added to the plant indicating replacement required and we've agreed to do that okay so you would replace them and we've agreed to put on pl we okay so the replacement of what you would replace in kinds wouldn't be like a stick it would be a tree right the city has a new ordinance that specifies the size of trees to be replaced so I I couldn't say off the top of my head what it is but it's compensatory for what's taken out okay it's not a stick got it yeah and by the way the next comment also indicates rev revised plans indicate willow oak at Street trees along E Avenue that are located between the curb and the sidewalk and we compli with the requirements for okay great thank you so much thank you anyone else in the public for Mr Hopkins testimony my name my name is Bill Gray I live at 500 deal Lake Drive um you did mention the driveth through parking with the going on to Grand is that correct it will exit on Grand how does a a property that's not addressed as Grand able to access for you know access there's no issue with that no restriction as the property is Frontage on Grant right yeah they're going to put a curve cut on gr yeah yeah so that goes into our parking situation in the area there's no require again there are complying with the parking on site if you would have a legitimate argument if they had 10 spaces and they needed 12 they are providing the minimum number of parking spaces they're required to do this board has no JW dition when they compant I agree with that okay right but why should they exit on Grand because they don't now and you have the same amount of parking in order to accom in order to accommodate the design of parking um you have to be able to gain Ingress on E and then egress onto Grand and we're only having one direction of cars going in and out of the driveway it's not too well it's not going to be a two-way correct so how many parking spaces are we going to lose on Grant okay so we can't discuss that that's not part of his testimony there's there just so you know Mr Gray is that Gray g a y i there's no change with grand with the exception that it's actually a narrower uh exit than the two-way that was before so it's actually less of in Impact than what the court said we have to approve so that was one of the reasons why we've had these negotiations because we wanted to have some discussions to help the neighborhood out but at the same time they're compliant with parking so we can't we can't say you have to make 13 off street parking or 14 off street parking spaces we we can only require them to fit on their lot what they're required to do and whether that impacts on street or not we really have no jurisdiction to do anything about that okay that corner of eth and Grand I believe is the highest point in the city and you're commenting Mr par me you're commenting you have a question I'm talking about the storm drainage now I understand but had do you have a question about stormm water yes will that parking lot drain on to Grant they they are taking care of all the storm water issues on their property that has been part of the things that they have agreed to do okay because that water runs down that Hill awful fast and whyde when it rains they will be addressing all water all the storm water on their own property okay maybe Mr Hopkin can you can you just explain how the storm water management works right so currently there really is none and and as far as what's there we're reducing the impervious slightly and the so the roof leaders the the roof is going to be directed now it's just going out onto the parking lot or to the front yard now it's going to be collected and put into an underground um piping system that will allow the water to go into the ground in the front yard the yard uh adjacent to gr so you're reducing any potential of run off into the street by storing it on site am I correct yes we're reducing the amount of runoff from what's there today parking lot is going to be sloped to right so I didn't say that there would be no runoff we're reducing the runoff from what exists today good thank you Lu that thank you anyone else in the audience for Mr Hopkin good evening I'm Katherine Murphy 510 deal EG Drive um I had a few questions about the testimony and um some of the subsequent comments so my understanding is the existing building uh which consists of 10 units or 12 units 10 10 Remains The Shed in the back corner is removed the existing house that remains towards the back of that lot remains and is that also a rental unit that does that include the 10 uh metal units it is okay um the trees that exist there on the Grand Avenue uh side which are I would say between 50 and 100 years old I'm not sure how you replace something like that so I don't um you know that's one of my concerns one of my specific concerns is the vegetation that exists there um you know there's a lot of you're commenting do you have a question how can we confirm that those trees are not um they're going to do their best to preserve as much of the the the trees as they can on the Grand Avenue side are not to be removed there's an existing Street Tree on the Grand Avenue side that's being replaced but I think that's the Dead one correct and then the trees on 8th Avenue in front of the house the existing house are also going to be saved they're not supposed to come out they're being retained some of the Landscaping is going to be supplemented but all those trees are going to stay well I'm speaking specifically to the two trees to the left of the new driveway so the trees that are going to be on the new lot there's two there's a couple of there's three Holly trees yes right there's no proposal right now to do anything to those trees what we've asked is when whoever comes for to build a house on that lot to try and do the layout so that those trees are preserved but if they can't because of driveways utility lines whatever they're allowed to do um they have to replace them on site make the process for that act uh my question is the actual plans for that structure we we have not seen those plants that's not they don't exist and be no this is just about a subdivision okay well I guess just in general my question is when those plans come out the process for that if they don't need any variances for setbacks or coverage which we just be administrative through the zoning office regular permit okay it wouldn't even appear before the board okay and just um also as an aside when this was went before the uh planning board two years ago we did all receive in my building certified letters each individual okay you're commenting again well just for the record and that's actually to answer your that's not uncommon I actually often notice all of the condos but the statute doesn't require it so just so you know the statute only requires you to notify the association because the association has control over the property not the individual unit owners understand anyone else in the audience for Mr Hopkin all right so now we'll open it up for public comment you get three minutes anyone in the audience who would like to make a public comment about this particular subdivision is [Applause] welcome I hope I'm not only Carrie Bush 500 de Drive Miss Bush before you make your comments you swear affirm that the testimony you about you're about to provide will be the truth and whole truth truth I do four you get four minutes according to our I think this is a this is a really sad day for Asbury Park because I think we're we're going way too much in we're developing every every single piece of land and that that house is a pretty house it's it's it's almost parklike it's very historic and now instead of looking at a pretty house we're going to be looking at a parking lot we're going to be listening to the sound right when it goes up five stories or it just is so crazy and it gets so loud and right now even though you're providing 12 spaces I can tell you that we know some of the folks that live there one gentleman has two adult children that live with them they have five V Les so that's nice that you're making a parking lot like that but it it really you know it doesn't impact anything it doesn't it doesn't you know it just decreases the value of of your property it's going to create a heat heat island effect it's the sound is going to be horrific I'm concerned about the people who live in the the lower floors like the first second and third floor because the lights will be going in on their right into their bedroom windows when you pull in because that's where the people's bedrooms are throughout the um throughout the condo so I don't know what it's going to be like to be right there to to have you know to have lights come in every single night so you know there was I understand that that the gentleman that was the president of our condo association used to own this property so I don't know if there's if there's a reason why we didn't get notified individually and this was kept quiet so I don't know what happened that we didn't get notified so I have concerns about that and frankly so should you you should you should do a little bit of research on that LLC and see who was Partners in that LLC I think it was sold for $425,000 they're charging people Mr seagull Mr seagull Mr seagull please all right but at at at some point I mean you have 11 they're charging people close to $2,000 a month rent so the taxes that is paid that are paid on that building is nowhere near any thing that would I mean we have to build on every I I just I just I think it's it's a shame that we can't preserve Asberry Park we can't keep it pretty we have to build on every single piece of land so I'm feeling sad today it's a sad day for Asberry Park thank you Miss Butch anyone else to make a comment in regards to This Whispering Woods Katherine Murphy 510 doake drive hold on let him swear you Inn you swear or affirm that the testimony you're about to provide will be the truth the whole truth and nothing but the truth thank you and if you could just spell your last name uh Murphy m r p y thank so I have lived uh in that area for 14 years now and one of my my con you know I have a couple concerns really um as a resident of 510 D drive I the noise level that comes out of that um existing parking lot at the at present is um you know there's three as Carrie mentioned there's three or four motorcycles blah blah blah anyhow it's very noisy um you know we've grown accustomed to that what I don't I really have not grown accustom to and I don't think I will be able to is seeing those large trees come down I understand that you're in a position that you have to uh pass this um but you know it is a it is a Northeast Community and um you know we are very neighborly um you know I've witnessed a lot of things that have gone on in the development of that lot you know the removal of oil tanks in an unauthorized Manner and uh I just think that it's kind of disrespectful you know to sort of put a house that's basically AB budding up to the wall of a driveway and dumpsters um and just for the sake of profit I guess you know I know that I know that that's what you do I guess when you develop but this is a you know it is a historic home and it is a residential area and there are variances that are being um you know permitted that normally wouldn't be permitted I and I you know it makes me sad too because I know that um you know I know that what car's talking about the all the lights the you know there's already so many I've gone to the zoning office many times with about the light ordinances in our section of town um you know that they're not the ordinance that was passed in 2021 and um you know we have a real light pollution issue going on um so um you know I just think that the parking also you know I'm fortunate I have a garage parking space but I know that um you know for example see here now you know when these big festivals and stuff come through town people don't move their cars so the parking is going to be is going to be impacted definitely and um you know it's very difficult to cross 8th Avenue as a pedestrian to go to the beach people come flying off deal Lake Drive that one block between D Lake Drive and 8th Avenue people are doing 40 50 miles an hour so coming out of that oneway uh driveway is going to be a challenge a big challenge um it's already you know it's already a problem speeding off of D Lake Drive um so I just you know I just want to express my my thoughts and my uh concerns about how this development and and really I'd like to understand what the process is once this is approved and the actual structure plans come to place how we how we are advised of it is act letter that's sent to the HOA or is that something that we have to follow up on our own with the zoning board I can't answer that you want me to answer it was answer you can you can answer it again Jeff it was answered so the single family lot that we're talking about the lot that's being created with the subdivision they have to make an application to the zoning officer with the development that they're going to do it's a if it's a fully forming conforming development according into the ordinance of the Zone they can build there's no notice there's no hearing there's no allowed to do that there's no Board review of that that's administratively done at at the uh at the city of Asbury Park and there's no notice to neighbors for that because it's it's fully conforming with the ordinance if they're asking for variances it will come back before this board okay and you'll have to get noticed and the removal of those old trees would be would require a variance or not it would not no okay thank you thank you Miss Murphy anyone else in the audience would like to make a comment in regards to the whispering words Bill Gray 500 wait you swear affirm that the testimony you're about to provide will be the truth the whole truth and nothing but the truth I do okay the access again to uh Grand that's going to be one way out correct and I see that taking up I I don't know what is the width of the 12T I believe that's what it is right you can only comment at this point Mr Gray okay we're not answering questions right so so it's going to be what is plus you're going to have to have some more space for to for people to see around the corner cuz there's trucks that Park there there's cars that park there there's vans that park there SUVs all up and down the street and it's going to be very difficult to exit that property again someone mentioned the speed of the traffic going up uh Grand is is it's bad it's really uh I I think this the street is 25 or 30 milph people come off of a d d Lake Drive at 40 or 50 m hour but uh that's a concern of mine is the amount of space that's going to be required for people to actually visually see coming out of that parking area which it would be very much easier for them to back out and go out the front way where it wouldn't require as much attention to pull out onto the street that's all I have to say Thank you Mr Gray anyone else in the audience for a comment hi do you need my name again yes we do okay reine flin and you swear affirm that the testimony you're about to provide will be the truth the whole truth and nothing but the truth I do thank you um I too am sad that we lose more green space in Asbury Park um it seems that when folks do want to retain Green Space things are rezoned or redistrict and then buildings go up and I've unfortunately fell victim to that myself here in Asbury Park and once again uh a developer like Mr seagull who has a significant income uh is just dying to get another project going and it just doesn't seem to matter in the overall schematic of our city when the when there is such interest to go to the court and to be told it's capricious and arbitrary the decisions that were made here previously um just seems like an out to get it rammed down and I appreciate the uh concessions that were made however I too am saddened that again more green space is lost in the city for development thank you anyone else for comments all right we'll close public comment you have anything else you would like to add Mr Caris no idea all right so I make a motion to approve uh the eth Avenue which one is it 503 8th Avenue application sett or actually settlement settlement I'll second Wendy Glon I will reluctantly approve the settlement um rather than being held in contempt I still resent the characterization of the court that our deliberations were other dir cacious but I will for the sake of good order um appr the settlement Daniel Harris am I allowed to St some before I vot you can make a comment okay first to the people who live in the neighborhood I respect you're standing up for your neighborhood there many times when we uh we make decisions which not only hurt you but hurt us okay and I have watched ASB Park become commercialized and bastardized by developers who would rather look for a dollar bill rather than the ask for of the city so I respect what you said and I actually support you okay so don't think that when you come in front of us you don't have support you do you cry we cry okay so I want you to know that second in reference Mr what is it gray gray yes okay Mr Gray it took me two years to get a speed bump on my street okay and I understand what you're talking about we have a new city manager take the time to talk to her I only got a speed bump when I walk in her office and talk about it they all have to do a study but like I said it took me 2 years to get a speed bump on my street but I now have it okay so don't give up on that okay and they do work um as far as the Green Space is concerned every tree that comes down hurts us all together I would only hope that you would stand out there and stand up for your rights and in reference to keeping Green Space in your neighborhood okay um and that's probably it right now but um I do understand what you're saying okay and you have a right to speak don't stop speaking okay don't stop fighting don't stop arguing so I'm going to vote Yes because I have to vote Yes okay and um but I do support everything you said all right thank you yes okay okay uh Russell Lewis yes Tim slick I just want to say that I agree with my fellow board members I have the same feelings in my heart and I too um unfortunately have to vote Yes Vice chair Scully yes chairman avalani yes thank you very much thank you can I make a motion to adjourn the meeting second second