all right welcome everyone today is Monday March 17th 2025 and this is a regular meeting of the city of Asbury Park Planning Board chairwoman Kurszac can you please call this meeting to order 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 bolding 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 this meeting is being recorded by APV please join me the pledge of allegiance to the flag of the United States of America and to the republic for which it stands one nation under God
indivisible with liberty and justice for all um I will now take roll call um Councilwoman Clayton here james Banano here jim Henry here jeremy Hoffman is
absent this evening mayor Moore here jen Solder is absent this evening daniel Shaneo here bob Zuckerman here kathy Mclen here vice Chair Gunnan here and Chairwoman Kurszac here all right the first item that we have is
the resolution of approval for uh planning board 2024-06 that's first meeting in April we're going to move it to the first meeting in April okay so this is going this is being moved to the first meeting of April yep it is
okay so that's on 47 mhm mhm okay all right uh our first application is 527 Bangs Avenue good evening andrew Harris behalf of the applicant um
I do have to apologize to the board um I thought I had sent the notice to my parallegal to send out apparently I did not that is on me i apologize so we have to reschedu that okay um do we have a um
So the next available options are May 5th 2025 or May 19th may 5th may 5th okay okay can I get a motion to move um I mean to um move this uh application to
May 5th with notice so moved second dan perfect thank you henry perfect james Banano yes councilwoman Clayton yes jim Henry yes mayor Moore yes daniel Shaneo yes bob Zuckermanman yes kathy Mclen yes vice Chair Gunnan yes and
Chairwoman Corzac yes cool next item up is 7-Eleven Bangs Avenue just want to make sure I get this you want me to send you a confirmation email just All right 7-eleven bangs out again Andrew cares on behalf of the
applicant we are ready to proceed tonight if I may this is a continuation of an application that we had presented previously we are making certain revisions plans based on comments from the board just to remind the board what
this application is about propy at issue is 711 Banks Avenue block 256 lot 6 in the CBD redevelopment area is a mixed use district lot size is
3,667 square ft the prior application we submitted uh on this matter had six residential units for the goal with some parking you need we've revised based upon comments of the board to eliminate that parking add commercial
space we have approximately 2,50 square ft of commercial space on the ground floor six residential apartments above have updated plans that we will be presenting from our engineer and also the architect and that will include the
elimination of that parking area the addition of the commercial space addition of the frequent setback in the rear with the door uh to that rear um enlarge garbage areas garbage area within the uh commercial space and also
some revisions to the roof and lighting and sign with that being said what I'll do is first call Daphne uh as my witness she previously was accepted by the board as an expert on this application amen
please raise your right hand we swear you so swear affirm that the testimony you have to give in this matter truth to all truth and nothing but truth i do thank you and again Dr miguel correct yes okay i get my staff swearing he's your right hand he self
test and nothing but the truth good to do please state your names for the record and your affiliation with the board donna Miller board okay thanks sure sure
[Applause] what I'll do is just preliminarily don you've made revisions to the plans on this matter am I correct that's correct and the engineering plan that you made revisions to has a last revised date of
February 7 2025 am I correct that's correct what we're going to do we're going to mark that i believe we're on A6 identification okay we're going to mark that as A6 identification when it comes up on the screen I'll have you identify we'll go
through the reisions [Applause] all right so what we have up on the screen is the last revised plan for this project am I correct that's correct and that's dated as I indicated February 7
2025 correct yes take a look at with the market a source for identification can you please go through revision sure just to be more specific about the sheet that's up on the screen right now sheet number four of nine could you
speak if you like thanks sure uh regarding the plan that's up on the screen right now that's sheet four of nine of the site plans that were submitted uh it's known as the grading drainage and utility plan it is revised through February 7th of 2025 as Andy had indicated um just to get everyone
orientated again uh North is generally up on the sheet bangs Avenue runs along the bottom of the sheet uh Main Street would be over on the left and then Bond is over on the right uh the parcel has a street address of 7-Eleven Bangs Avenue also known as lot block
256 lot 6 it contains approximately 3,667 square feet and is located in the CBD mixed use district of the central business district redevelopment plan area bangs Avenue has a 75 ft rightway
and allows for two-way traffic there's also parking and sidewalk on both sides uh and the surrounding uses are a mix of uh commercial and residential uses uh the site itself uh was previously developed but is now vacant there's some small areas of sidewalk most of the site
is grass and there's also the old driveway still exists out to Bangs Avenue with respect to the plan revisions uh most of the changes since the February hearing are architectural and that'll be presented by uh Dan the
architect the site plan related changes reflect the new internal layout of the ground floor which includes the rear steps that were discussed um at the last hearing those are internal steps to raise the grade uh so that when you walk out the back you're up at the elevation
of the rear yard the rear yard is about 3 ft higher than the ground floor elevation of the building in addition in the front of the building the um ground floor front entrances have been set back a little bit further uh so that the doors when you open the doors they don't
extend into the right of way they don't obstruct the sidewalk the building has also been widened about 2 in so that it extends the entire width of the property um which which is permitted there's no setbacks required for the sideyards um and that's uh to eliminate those 1-in
setbacks that were on the previous plans there was one inch on either side those have been eliminated now the building goes property line to property line the structure still complies with all the bulk standards of the zone in the front of the building there was a street tree previously proposed that street tree is
still proposed and we've also added a bike rack uh to the west of the street tree um as requested in Mr ivakian's letter we will submit to the city shade tree commission uh to obtain approval for the tree that's proposed with respect to storm water management the
project is still classified as a minor development as it proposes an increase in impervious surface of over 1,000 square ft and we're still proposing a green roof system of 1,281 square feet um to control the runoff the green roof
vegetation will be selected to avoid the near need for irrigation access to the green roof for maintenance will be discussed by Dan and as requested by Mr ivakian will provide an operations and maintenance manual for the green roof uh lastly regarding other
utilities uh new services will be provided to the building all of those services will be provided underground and we'll submit copies of our requests for will serve letters uh to the utility companies um we will also contact the city engineer regarding sewer connection
fees for the building so all the questions are I have a question you just testified that the building is now 2 in wider yes than it was originally uh originally when the first application uh was
submitted there was a an encroachment uh on the west side of the property by the uh uh adjacent property owner how has that been handled we've reached out to the adjacent property owner there have been communications going back and forth that's ongoing with that property
owner so it's not resolved yet there has not been a resolution but that's between my client and dealing with their encroachment we're trying to work through a resolution with that okay and um at the north end of the building uh
there is a uh gravel uh area what is the intended use of that gravel area it's really there's no use proposed back there it's really just an area that's it's 5 ft deep it's left over based on the size of the building and the distance of the property line and it would just be fenced in and
graveled so it's not intended for any use there was a pole uh uh in that area what's the disposition of that yeah the pole I believe is in the right in the northeast corner of the property um that'll be coordinated with
the utility company to see if there has to be any modifications to the pole but it's it's offset from the back of the building okay is there going to be any conflict between the wires on that pole and uh the new building that'll be coordinated with the utility company to
their satisfaction thank you anything from our uh any anything else from board members regarding this any other questions any questions from our uh our
professionals are you are we going to go through the the uh report or would you like to go through that later our report or or your report yeah so our report they've touched on pretty much everything in our report like Daffany testified to most of the recommend most
of the revisions that were architectural in nature so everything we've talked about they changed the excuse me to get at grade they have the interior door like that to testify to they the rear they have gravel i'll consider that Fergus i don't think that's going to create any type of
issues back there they do show a detail well obviously if the subgrade is in poor condition it might hold a little bit of water but I don't foresee that just the small nature of the area that's that's pretty much the original made all right so you that's to your satisfaction
yes it is okay all right um any uh questions from the public of this witness okay let's move on thank you [Applause]
[Applause] okay mr zone please raise your right hand silence fair affirm testimony about the given matter the truth whole truth and nothing but the truth i do okay can you state your name for the record spell it and my only question of you is is your
license still in good standing yes it is uh my name Daniel Zenetto z A N E T O thank you dan you testified previously with regard to this project am I correct yes and looking up on the screen there's a set
of plans out there am I correct yes most recent plans as it relates to this correct why don't we get a last revision of those plans and then we go into
[Applause] uh the plans are dated February 7th 2025 that's the last revision date yes all right so what we're going to do is mark what's up on the board as A7 for identification which is the last revised plan by mode
architects i've taken a look at what's been marked as A7 for identification what I want you to do is to go through those plans identifying all the revisions that you've made from the last time we hear about okay so starting with the ground floor
plan um it was touched on by the engineer the at the rear of the space we've added an internal stair and an access door out to the uh the rear yard at the front of the space also on
the west side here um we've added an area and noted for the utility meters going to that front area was that's also set back am I correct the the the storefront is set back and the utility meters are shown within that corridor
and how far is that front the building set back 3 ft okay and that when you open the doors then that removes any encroachment into the rightway correct correct okay and that on the left hand side that's a solid door so you would
not be able to see into uh that area where the utility meters are am I correct correct cool at the rear of the space we added a bike room it's about 91 square ft uh room for six wall-mounted
bicycles we've also enlarged the residential trash room it's now about 7 ft by 15 ft and we've added the total square footage total square footage about 105
square ft we've added a separate commercial trash room for the commercial tenant uh that's about 42 square ft and just some additional changes we've we've indicated where the mailboxes will be uh installed and a
package shelf for deliveries uh also the the the doors into the commercial tenant the retail doors have been aligned with the balcony doors above that was a request
that Liz was talked about last time and the square footage for that commercial space about 250 square ft and that eliminates the park and that bridge that been proposed am I correct correct go on
the upper floors are largely unchanged from what uh was presented last time we do uh add some notes here on this interior bedroom calling out for a ceiling fan and transfer
grills for uh circulation within the unit that's typical for each unit uh on the fourth floor which is the upper residential
floor we have a roof access ladder sorry and that sums up the uh the changes to the residential floors tell Can you tell us more about this roof access ladder tell us what I mean we knew that there was going to be a ladder before mhm what
is Tell me what it is it's a roof hatch so it's accessed from a fixed ladder attached to the wall and it's just for maintenance only it's not for any residents or anyone it'll be locked and it's just for maintenance access to the
roof so the ladder is always there the ladder is there it's fixed to the wall it's a fixed steel ladder attached to the wall okay and then they can go through that okay bringing going back to that first floor um I just want to touch upon the bulkhead there was a bulkhead
that was added to the front facade am I correct correct and what's the height of that bulkhead um we can go to the elevations to check that i believe it's 19 in which is what's required in
the the zoning ordinance all right go ahead uh moving up to the rooftop this is really just clarifications that were added here some dimensions indicating the setback of the
front of the penthouse to the front of the building and what is that setback 20 foot setback and also this is where the roof hatch comes up from the floor below indicated in that square area yeah to the right side to the right of the
elevator overrun okay and green roof areas are indicated here um we added a line of sight study that was a request from the last meeting as well to illustrate what would be visible from the street so uh viewed from the sidewalk across
from the building you can see the line of sight for a typical height looking up at the the corners of the the front of the building uh the area that's shaded here would be not visible from the street so you can see that the the front of the penthouse
would be out of view from that line of sight you also have a calculation at the top of that page in terms of or reflecting the total square footage of that roof area am I correct the
penthouse area right so this indicates a uh total square footage for the roof area of 3,484 square ft um and the allowable penthouse would be 20% which would be
699 ft and the total of our pen passes is 431 square feet so we're within you're within the requirements of the CD redevelopment plan am I correct correct go ahead um this revised elevation just uh
was some notes were clarified for materials there's a question about the color of the metal trim i have a physical sample here what I'll do is I'll start like this and we also have a physical sample of the brick material what I want to do
I just want to indicate accuracy if there's a color there's a lucco bond plus and the color is tricorn black tricorn black and And what what will that be where does that go yeah where's
this going uh that's uh the metal trim which is at the the face of the balcony the the storefront areas here the flat panels um doors and storefront system would be
to match it's not all going to be the same manufacturer that's the metal panel manufacturer but the uh storefront would be to match that color the windows as well windows are black clad windows
so so essentially the intent was for the front doors of retail that center bar to be at the center of the three doors on each floor is that accurate yes that was
a a request that we talked about at the last meeting aligning the storefront doors with the glazing above okay so that will that will be centered it's it's it's roughly there yes i'm
just saying that but visually that could be for anybody to to couple inches here or there but I just want to make sure that we're talking about that that center line is going straight up into the middle of that three those three panes correct not the building but the
balcony correct the balcony balcony okay yes that's absolutely the intent and it's not appearing that way that was No no it's it's it's roughly there yes yes okay uh the brick material I have a physical
sample here uh this is a thin brick product meaning it's real clay brick it's just manufactured in thin pieces it's adhered to the wall as opposed to a full brick and that will be the color that will be the color okay
and it's the A9 is the Hampshire color do they get morted they do get mortar so what do you what color mort uh I think it would likely be a gray mortar and are you going to get to the lights
lights and signage sure um signage areas we've we've indicated the square foot of the proposed signage areas and they all as I understand comply with the square footage requirements in the ordinance and where's the signage going on we have
one sign band above the tenant space and then we have one address sign above the lobby doors for the residents sorry can I back up one moment the uh metal sample that's going around yes so
that's um everything in this elevation that is uh the equivalent that color will represent the Yeah window sashes the balcony
facings uh uh what about the railings railings as well yeah everything everything painted metal so the the railings the windows the uh the cladding on this the uh facade here the
storefront framing the doors okay there were some other samples in that envelope um yeah those were and and will that also be what's used on the back of the building i don't think you
do stuckco right the back and sides are stucco right stuckco but the the materials like the metal trim and railings and the windows those would all match so everything throughout the whole building will be the same like that and you have a gray stucco in the back of it
correct and that's real stucco right not acrylic stuckco uh cement stucco cement stucco right what gray light gray dark gray uh a light gray i think what we would
intend is to match kind of what was uh at the adjacent property to the right uh we also added a glazing calculation um so the total glazed area comes out to about 65% of
the the total facade um I think we're a little bit shy of what's required but that's mainly due to the adding of the the bulkhead at the bottom so 70% is required sla design waiver is thus needed for that 5% am I
correct correct sorry you've added also to the measurements on the building the dimensions for the balconies am I correct uh balcony dimensions and the penthouse dimensions have been added to the plans correct
is the solid door at the west was glazed will that then be closer to the 70% uh there was some discussion about the solid the door on the on the west um the intent is for that really to be egress only emergency egress only and we
didn't want to bring attention to that door and confusion having people trying to get into the building from that door so the the intent is to have that kind of blend in with the facade and not make that a glazed door
and for a building like this that's normal and you find that throughout the downtown am I correct correct um we we've added some notes just to indicate that the lighting um at the balcony here would be full cut off
lighting i do have a a cut sheet that I can show if if that's needed assume they're going to be the same dark metal like you're doing it would also be a black yeah we identify that as A10 and that's
the specs for the lights on the balcony the balcony the balcony or the penthouse the the penthouse yeah I'm sorry penthouse and the temperature of those lights uh we would pick the temperature to comply with the order i believe it's 2700 K
correct so it would not exceed that am I correct no we'd select the correct color temperature okay what other lighting is going to be on the building in addition to that penthouse light um this is the same
accent light that was presented at the last meeting this is at the ground floor we just have these two wall sconces at the uh at the doorways and we're going to make that A1 of those wall sconces on the ground floor
where will those be located when we go to the front side two kind of lantern style lights here and then also here adjacent to each door am I correct correct are there any are there any lights on
that back metal door that has been shown on the back of the building just going to ask that okay the back door i don't know if we show it on the plan it it it will have a uh just an emergency light overhead there but there needs to be a light so we need to have an light added
to that okay uh that that would be we could use the same light as the same yeah the same as the uh penthouse light the balconies have lights built into the ceiling balcony balconies have down lights
um you have that as well and the cut sheet here shows a white fixture but this would be black comes in black as well and that'll be A12 and those are these are just wet location down lights um again we can
pick it's a recess fixture recess fixture inside the bottom of the balcony framing inside the set underneath the balcony and again we can pick the 2700 K uh color temperature now will you see them of course you see
the light on the balcony in the street but is like when you're looking at the balcony is there a lit like is the I you you'd be looking up you you could see the the lens of the fixture but um they're not they're not surface mounted
they are recessed legs okay the mechanicals I think you indicated on the roof those on the location they won't be visible to anybody on the street am I correct correct they're set back uh they're located between the two
pen houses so they will not be visible from the street any other revisions other than what you have already testified to no uh I think we summed up all of the changes and do you have renderings
i do have a rendering to share um what's what's on the green planting green yeah maybe it prefabricated preab fabricated strata so it's it comes in
it's the soils that it's not rich it's plantings how are the balcony lights controlled are they controlled by the by the tenant yeah so each uh unit has kind of the
front unit here would have control of the light correct all right i'm going to mark this as A12 these are renderings of the proposed building am I correct correct a13 oh I'm
sorry a13 I'm A13 are the renderings of the building do we have copies of these or No this is just Okay anything else that inset area will be herring bone
right i can't tell yes that is more accurately illustrated on the uh elevation the herring bone's not be able to show that correctly on that rendering i think by his testimony he pretty much covered everything in the reports also
that was identified can you just um go through just very quickly i know that we had talked about the the the roof deck and that that you have the green roof around it what what prevents people like what's around that so that if the person is on their roof deck what you know what
do they see or don't see like is there is there like a some sort of a fencing some sort of a roof deck right we have a kind of a platform roof deck here this will have a railing around it okay so that the resident's not able to kind of
come out onto that green roof okay discouraged from doing And then the rest of it is inside the the other part of it is inside that's an interior so they have a literally a deck that they could just walk out onto and how high is the the the fencing so that
they can't get onto the uh it's a regular railing height 3'6 from 36 floor of the roof deck okay and okay consistent with what we find on 700 Bangs
316 and that's the same at the rear penthouse that also has a railing all the way around the roof deck okay um I had one other question i know we we had spoken about the uh the windowless bedrooms uh can you talk to
me about because you you'd mentioned that there's uh fans and grills and can you tell me about that right so we would do what's required to to meet the code and we're allowed to use natural
ventilation within the dwelling unit so the windows within the unit are operable and you're allowed to have adjoining rooms that can share the operable natural ventilation if there's a a
transfer grill and openings of a certain size so we would have the door opening plus the transfer grill and uh we're also adding a ceiling fan to help with circulation and that would uh that would meet the code so can you tell me what
this I don't know what a transfer grill is what is a trans opening above the door all right so if Okay so basically So basically it's just without without the glass no oldfashioned yeah it's just it's just
open and that's it so so if you don't have the fan on and if there's no air on in the whole place the whole unit you got nothing it's not mechanical ventilation it's just right it's not mechanical none of this is ventilation there's there's air conditioning but
there's not mechanical fresh air provided but but if you your if the air conditioner is not on there's nothing and if the fan is not on if the part there would be a mini split system within the unit and you would have a mini split right in the bedroom which would provide for a fan so you'd have
circulation so that's the fan not a ceiling fan it's a it's a wall unit is that what we're saying you we're going to have a wall unit in there an air conditioning unit and also a ceiling fan for circulation okay so we need to see that on these drawings usually you have
on mechanical on the construction drawings is where you're going to find your mechanicals right that would be in there um so a split unit in that room is going to provide heating and cooling to that and it has a family separate family
okay all right so when you see those So does it a source hanging wall hanging on the wall yeah it seems like we're we're doing kind of overkill at the moment so we have the grill which is
basically just a ventilation grill right okay and then also a mini split unit in the bedroom the mini split is only providing heating and cooling we're talking ventilation we're talking like fresh air fresh air they also have a fan
say on there right so so it's movement of air the air that's in your space mhm okay and every windowless bedroom gets one of these correct okay you'd have the mini split condenser that
sits on the roof and then you would have the I don't know what you call cassette units that go through the room they do and that and and the rem the controls are fully in that room yeah usually
they're on a remote right on a remote that somebody can just use and and do that okay okay so just to eliminate confusion the heating a cooling unit in the windowless
bedroom plus a ceiling fan in the windowless bedroom correct yes okay and the transfer grill the bedroom and any other place any other rooms okay is that going to be the actual
grill or is it just going to be a void it's an opening so there's nothing in the opening it's got to be Okay uh it's a Yeah it's an opening so you got to be quiet um and and and and on which drawings would
we see how big this opening is uh the construction we haven't detailed that yet is that is that like you know you got to add it by certain size depending on the size of the Right so um the ventilation requirements are based
on the square footage of the area served and there's a percentage uh of percentage of the area served that you have to provide as operable opening so that would be your doors and windows so the opening has to be x size
okay all right does anybody any other planning board member have any questions yeah again I do we have a sample here of the brick that you're going to use on the exterior uh and I'm only looking at the uh stuff
you have provided but does not look like it's the same color as the uh color uh renderings that you have provided it looks to be considerably darker and it looks to be considerably darker than the building uh to the
east am I correct or am I making the wrong assumption i mean I I think we try to do our best to match renderings and and colored elevations to match the actual materials but the material sample that you have in front of you best represents
the color and is how does that compare to the building to the east uh the building to the east i think that it it's complimentary we don't want to try to match it exactly we're not trying to look like a continuation of that
building but we feel it is a complimentary brick color and I see on sheet A200 the uh area around the balcony the brick area around the balcony is considerably darker is that because of
shadows or or is it you are using two different color brick that's Yeah that's a shadow it's it's that's you're seeing the recessed area of the the uh balcony and that's a shadow from the the
actual balcony so it's the same brick same brick and what is the base material that this brick is going to be attached to the base material is a um cement board and then you have an adhered it's
a uh the modified the name is escaping me right now but it it's made just for this type of application of adhered stone and and brick is there a rain screen
no it's not a rain screen any other questions from the planning board members no any other questions from the
uh professionals are you satisfied with the results the answers to your reports yes okay wait uh before we move on let me just ask one more question is that are there any
questions of this witness from the public no questions from the public i do have a question uh just in general it's like can we go over what the um what the waiverss are and the variances or any
whatever what we're what we're looking to approve here sure you know what i don't believe there are any variances are there any waiverss anything there are some design uh exceptions to the design guidelines okay and where would where were we finding
those uh page three on Okay page three okay go ahead um so um we are calling out a relationship to surroundings for building height and that's because there's vast discrepancy
in height on the on that block front remember Windsor building is only two stories and building on to the right is you know much taller but the predominant height uh on on the block is only two stories um sliding glass doors
are not permitted uh because of the change to add bulkheads which is a requirement to the storefront and not creating our glass area on the left side of the storefront they're just below the minimum threshold
for um storefront glass being need to be at least 70% calculated around 65 67 um building colors technically is a deviation from the design
guidelines you know it's old fashioned looks at white trim and it wants that type of color palette so they're still giving us red brick um so kind of meeting in the middle but technically not conforming and then we have um the
parking which Andy I don't know if you want to bring that up again yeah um there's discrepancy about uh they are not providing any on-site parking obviously which um was before they were providing parking but needed a variance
for not providing enough ground for commercial space um they've eliminated the on-site parking in favor of parking space to eliminate that variance um so uh and even in that uh situation they
weren't giving us the total number of required parking spaces so um our copy of the CBD plan has a parking requirement that um seems to be in question
and that's kind of where we left off at the last last time we talked about parking yeah and it's basically it relates if I'm correct to the non-residential non-residential commercial when you look at the parking requirements um the first section in the
CBD mixed use when it talks about non-residential indicates in there none for floor area and existing structures and for floor area structures that existed at the time of the adoption of the CBD redevelopment plan or 10,000 square ft of non-residential
construction there's a second bullet point that says new non-residential foot footprint construction shall require two space per thousand square feet of additional floor space problem that you have is twofold there the amendments
that you had in 2009 to the CBD mix do not include that second bulletprint um your board planner was under the impression as part of the 2018 revisions but that was nevered stopped um those
revisions i couldn't find anything online i don't see anything to indicate i actually think what that second bulletprint provides for is what had originally been the redevelopment plan and then what was eliminated when that first bulletprint was enacted um but I
can't find that language subsequent to 200 uh 2009 when that first bullet point was enacted secondly there is a tax assessment that I saw that has both a building and the land in 2005 so there had been a
building that existed on this site in 2005 that was torn down obviously if you walk the site you can see you know some remnants of the footprint of the building that had been there the redevelopment plan was enacted I believe in 2002
consequently you had a building that had existed there subsequent to 2002 i would assert under that bulletprint irrespective whether or not that second paragraph second uh bullet point was applicable under the first one since there was an existing structure that had
been there subsequent to the enactment of the redevelopment plan that my client is not responsible for providing any commercial parking on this site but we're not talking about the building that was there in 2005 no but when you have to read the language but the first
way you were reading it I thought like the first paragraph was saying if you wanted 10,000 square ft you didn't need you didn't need it says it actually says war it's either war so or 10,000 square ft or there had been existing structure
there so why does that get you is it is it 10,000 ft of the known residential space or the total no non-residential only speaks about non-residential well but then you get out under that don't you but then you have that stuck in bullet point that confuses things to say
the least well to say inconsistent maybe it's if you're over 10,000 ft that's what I I don't know where going back doesn't exist that meant like you don't have parking requirement for that building that existed in 2005 but it still doesn't exist but it seems like
under 10,000 square feet you're reading you don't need it what's been the position of the city so far to date with these projects we for the commercial projects and the CB mixed use we have not had to provide um any parking in in the commercial build we haven't had any
new footprint construction except for 700 buildings across the street we did not have to provide commercial for that was ground up construction okay that was before me
um recently though um it did come up 614 Cook there's an increase of but that's different though that's in your Cookman A retail core that's not agreed agreed i'm just saying as far as the the type
of development we haven't had i mean yeah I think you're right 700 the only that was ground up ground up yeah but since 14 there was existing ground floor area and that's where everybody's you know
that's 27 banks was not considered a new building there was a building there there was a building department said we had to take it down so when we talked about this last month we decided that we were not the right people to decide this and we said we would just wanted a condition
that said contribution for any parking spaces that are required under the CBD redevelopment plan either 9 or 14 but we said it was sub to well that that's I don't feel that that's something that we can decide exactly correct so our condition will be whatever is required it's still a design
exception we just don't know to what extent right right and that's fine and we could put that into the into the requirements and in terms of the design exception for the building height I mean you're all over the place 700 bangs um it's consistent
with the height here you have a building right next door and then it drops down so you're kind of all over the place so it's a matter of interpretation whether or not exceptions require any other uh questions or
actually I already went through the questions does anybody have any comments that they would like any planning board members have any comments that they would like to make i think it looks like a nice building i I have to I have to agree with you Dan i think that it looks like a really nice
building really do i think it'll be a nice addition to that to that street any other comments from our uh professionals no all right motion to open to public comment so move second
anyone i close it second there's no one in the public nope nope we already have a motion to close oh if you could just go to the microphone go to the microphone okay
you said it you got to do now i don't know okay please raise your right hand do you solve swear affirm that the testimony about to give in this matter with the whole truth of nothing but the truth
yes yes okay please state your name for the record and spell it and give us your address please okay um it's Maryanne Bourke b O R K E um my address is 18 Candidate Court in Tinton Falls New Jersey
07753 um I'm just here because it's a part of my assignment for a class I'm taking at Ruckers called Fundamentals of Environmental Planning okay um this isn't a comment about this project um although it's very insightful to learn about what's being developed in Asbury i
come here all the time i was just curious if Asbury offers any like or Ocean Grove offers any types of incentives for buildings if they like repurpose their materials like I know in Austin Texas they'll like do tax cuts um
so you can save money of course um if you like repurpose tires and like turn that into planters or um use solar panels they'll give you tax incentives for doing that so just curious if Asbury does or if there's like a chance Asbury
could down the road if they don't now well actually that unfortunately is not a relevant question to the application because what you're really commenting on is the application however I'm sure if you go to that young lady walking that
way and towards you give her a call she'll be able to give you some information okay all right yeah no we I got I understand what you're doing thank you all right motion to close public comment second all in favor any
oppose eyes haven't okay all right um do you have anything on that on the list besides the There's a lot that's been omitted after tonight okay the usual CBD conditions um
uh subject to any outstanding items in the reports the parking for the commercial space will be as is required by who i'm sorry as is required by who by the plan the planner or the city we
don't know the requirement then you can't you can't really walk out of here without knowing the requirement can we no because the law requires if there's no parking required that's one thing so it's a question of whether or not
we're required to pay into the fund right if there's a dispute I don't think the planning board made sense no no i have to send you over to the zoning board exactly and I don't want to do that i don't want to see I'd prefer not to go there if everybody was to agree that for the commercial then there's no
obligation i don't know the answer to that but wouldn't the city attorney have to be involved in that redevelopment council yeah speak with them maybe you can meet with the city attorney and figure it out all right i'd rather have the city attorney figure it out than planning or zoning yeah or redevelopment
council either one more than I could do you have a specific redevelopment council for CBD then that's who it should be okay because they were they're the ones that would deal with the plan for the most part okay so this resolution is going to get done for 45 days so please meet with
them and let me know and whatever the requirement is going to turn out to be per your discussions with redevelopment council I'll inform the board and we'll go from there in terms of contribution if any fair enough fair enough we'll agree to that okay uh the contribution
for the nine for the residential units is certain correct residential unit we're not providing any parking so it's a financial right okay so let me just make sure it's the commercial i think there's in the report five
commercial 15,000 space there i know I have okay I have that uh we set up a construction schedule meeting with James uh regarding the sidewall closures and all that as per every application that's coming through
uh he needs approval for that submission to the shade tree commission for the street tree planting great okay um now the bike rack on the street I said it was going to be worked out with James but I understand that's not been resolved or it hasn't no that still goes
to James okay so I still have that uh we've covered the window the bath the bedroom uh air and light uh residential trash has been enlarged commercial trash has been taken care of exterior light fixtures on the front of the building
without exceeding 2700 uh penthouse everything is penthouse is downward lighting correct uh balcony lights recess 27 on the right i have that as well
uh the ladder ship's ladder going up to the roof has been addressed uh bike rack inside the interior has been taken care of um rear access door and lighting has been taken care of they have not the
lighting we have the lighting going to have a safety light per code right i have that um the operations uh manual and scheduling with S as per SAM
um and we've already added in the front bulkhead facade the 19inch facade color samples have been taken care of that's what I got i only have a couple left because a lot of stuff's been checked off yep the only thing I
had was resolution of instructions is sheets that's not for us to decide that's that's a that's between the two property owners yeah jack but shouldn't there be a requirement that that be resolved prior to issuing to build nope he has a right to
build if he has a if he has a civil matter he and the next door neighbor will either resolve it or they'll go to court but it doesn't and if they're encroaching on the property I I care yeah but shouldn't that be resolved prior to the No no no that's not relevant to the board's decision that's
between the two property owners if he starts to build and the next door property owner doesn't like it then if they litigate you leave it doesn't alter what we do in any way shape or form we only approve what he could do yes yeah we just look at the property that his client owns to the
project if there's a problem with an encroachment by a nextoor neighbor that's between the parties okay anything else all right can I get a motion to approve with um the stipulations that we just mentioned
so second um James Bonado yes councilwoman Clayton yes jim Henry yes mayor Moore yes daniel Shaneo yes bob Zuckerman yes kathy McGallan yes vice Chair Gunnan yes and
Chairwoman Barbara Kurszac yes thank you very much thank you um motion motion to adjurnn second yeah the only problem is that's right take Okay all in favor
walk in the middle of the night nice thank you