um welcome everyone today is Tuesday April 22nd 2025 and this is a regular meeting of the City of Asbury Park zoning board of adjustment chairman Avalone can 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 law 1975 adequate notice of this meeting has been provided to the coaster in Asbury Park Press by publication of an annual meeting notice and posted on the municipal bulletin board and municipal website all notices
are on file with the board secretary official action may be taken on the following matters before this board and I ask everyone with a cell phone to please mute it for the duration of this meeting and this meeting is being recorded by APV roll call please um
Wendy Glossman is absent this evening daniel Harris here russell Lewis here jill Potter here natalie Pasarini here jj Hall here vice Chair Scully here chairman Avalone here all right we have
two applications tonight the first 807 Somerfield Avenue um Mr carris welcome back mr you're your rep you're the uh applicant as well self-representation correct correct
it happens all right so you got to be smart please raise your right hand you solemnly swear affirm testimony about giving this map the truth to all truth to nothing but the truth i do thank you please state your name for the record andrew Carris okay here on behalf of the
applicant 807 Summerfield Development LLC of which I also am an owner of partner okay i'll swear in my staff as well please raise your right hand you yourself affirm the testimony about the given this matter be the truth the whole truth and nothing but the truth it did please state your names for the record
and your affiliation with the board donna Miller board planner jerry board engineer okay thank you amen what we're here for tonight is very simple it's an interpretation of a portion of the Main Street redevelopment
plan 807 Summerfield Avenue block 251 lots 2 and3 is within the main street redevelopment area in turn the Main Street redevelopment plan governs uh property as it does all the properties
within the main street development area reason I'm here is there is an interpretation by the zoning department that states that one of the sections with regard to implementation of the plan uh requires
that any time that you have a non-residential use that is different than what a proposed non-residential uses you're required to get site plan approval in other words if you have a retail store that is existing or have been in a particular location you want
to bring in a restaurant according to the interpretation by the zoning office you would have to go get site plan approval from the planning board however that is completely contrary to what is stated by the clear and concise language of the
redevelopment plan let me read it before you on page nine I'm sorry page 64 section N of the Main Street redevelopment it reads as follows quote "Prior to the issuance of the building
or zoning permit site plan review and approval shall be required for all new construction development redevelopment or expansion of the following uses all nonresidential uses except except when
the non-residential use is proposed in an existing non-residential space or when the establishment of the non-residential use does not alter any site conditions so there is an exception
there is actually two exceptions under the redevelopment plan for which site plan review is not required number one whether non-residential uses or proposed an existing in an existing nonresidential space commercial going
into a commercial space doesn't say it has to be the same or number two when the establishment of the non-residential use does not alter any site conditions now the position of the zoning office is that you have to satisfy both of those
sections or both of those provisions in other words they're reading the or as an and and as a conjunction however basic statutory interpretation basic statutory interpretation when you have an or in a
statute it is a disjunctive in the writer that was submitted with this application cites the adult division case state versus county voting 469 New Jersey Super 529 division case
2021 states or is a disjunctive article indicating an alternative so it's either or if you find that a non-residential use is going into a non-residential space you do not need site plan approval
it is that correct notably the language that we find here is also found in CBD redevelopment the same language you don't you don't require if a restaurant's going into a retail space if an office is going all permitted us i'm not talking about non-permitted uses
permitted uses if it's a permitted use commercial going into a permitted use or space commercial you simply don't need site plan if you did you're going to create a nightmare before the planning board and that was the reason behind this to allow
for these commercial use to go in without site plan approval the cost the time the effort the labor to simply have a commercial space go into a building that is existing it's that simple the interpretation should be
if you have a non-residential use going into a non-residential space as clearly stated within the statute you do not need site improvement that's it uh I think it best to hear the opposing side donna maybe you can uh summarize
exactly why the zoning officer denied this well and again I want to clarify we're here for an interpretation of the words in the redevelopment plan um I don't know specifically
what was decided by who about what thing that um Mr carris is referring to but in generalization um I I agree with his point um if you have like for like
um a non-residential use uh occupying a space in a building that had a non-residential use in the redevelopment area um the first step is yes that's you know
if it's on the list of permitted uses you don't which I understand it is a permitted use is that correct again I don't know exactly what the use is or what the prior use was but if you're talking about one of the many listed permitted uses and there
are many and there are many um the first step is yes is the use permitted yes um are you changing the building no okay um through those series of steps no you
would not need site plan approval are we ready for my however so one of the other things that the zoning office evaluates when they're considering these who's going to occupy the space is what is the parking requirement for that
use and is it more than what the prior use was or um would there be an increase in the required parking for the building in order to accommodate that new use
and um the plan is uh very limited in the number of uses that it describes for how much parking is assigned to whatever use and it is possible that
um the intended use isn't on that list um I don't know what the again what the original use in the space was i don't know if they're occupying the same amount of space so there's a whole calculation has to go on in the zoning office to determine whether the parking is
compliant and if it's not you need relief and the process in the plan says the board can grant deviations from the plan as part of site plan approval i'm sorry did I say zoning board no you
can say any board oh the planning board yes the board is authorized and empowered to grant relief in the form of a C variance can't do D variances no use no height uh expansion of non-conforming
use that's not allowed um but if it's a C variance it can do it as part of site plan approval and that's also in the land use law that planning boards are empowered to grant certain variances only in conjunction with the
site plan approval otherwise they have to go to zoning board but as far as the plan is concerned the planning board is is empowered to grant varian so are you saying that if the use differs in this particular redevelopment warehouse or
zoned property if the parking is more it's going to trigger a site plan just the use right not the use if the proposed use increases the parking requirement for the site that can't be
accomplished on site you need a variance and the plan says board can grant a variance as long as it's part of site plan approval if it's part of the main street redevelopment right are you
saying that everything is going to require a site plan no not everything we have businesses go in all the time they evaluate whether there's more parking needed for the new use or not and if it doesn't they get their zoning permit CEO mercantile license and they go
in half my life last year zoning permits for swapping one use out for another one you do the parking calculation and if it's fine then it's great if they need us if they want bigger signs then we say no you might need a variance they would have to come in for site plan approval
so they usually change the plan so that they comply because they don't want to do site plan approval so the zoning offic's position is that they did that analysis and a wellness center is going to require more parking from again the background history i don't know all the details but it's my
understanding that the parking calculation is what's triggering the site plan approval not the fact that it's a different use however that's not what the redevelopment plan says redevelopment plan does not say well if
a non-residential use goes into a non-residential use you don't need site plan approval unless you park or there's a more uh intensive requirement for parking that's not what it says no you have to read under statutory interpretation you read the plain
language if it is concise and clear you have to enforce it as written and what it states is any there's an exception when a non-residential use is proposed in an existing nonresidential what is the redevelopment attorney
say hasn't said anything i reached out it's not his jurisdiction it's your jurisdiction this is an interpretation zoning board but it does not say that you need site plan review when the non-residential use is proposed in a non-residential space and it
increases part that's not what it says you have to read the language of what is stated in the use is not the only thing that's regulated by the plan this is basic statutory interpretation what they're doing is they're taking the
second part of this which says well you're altering the site condition because you need more parking but that's not what the statute says or the ordinance says it's an either or very simple if it's non-residential going into a non-residential space you don't
consider parking we're allowing you to do it because that's exactly what it says you can't just pull things out of anywhere and say "Oh no there's parking that may be effective may parking be effective?" Sure it may be but it doesn't matter because this is what the
redevelopment plan provides for us no different than the CBD redevelopment plan no different when you have you had Garnate Equality come in here they didn't have to go for site plan approval it was a bank before that it's a different use you have the bridal shop
on Cookman A that just went in where it used to be a hair salon they didn't have to come in for site plan approval different use different requirement same exact language that you find in the CBD you find here there's no
requirement you read the language as state and that's it you don't make up things you don't bring things into it you don't add things that are not part of the ordinance that's not proper statutory interpretation this is basic statutory interpretation
so because it's nonresidential we just go forward that's what you're saying if it's non-residential going into non-residential that's it you don't need site plan approval it's that simple thank you so Donna can you explain how the parking
calculation kicks in like where the zoning off so when we review when the zoning office reviews a use for a certificate of zoning compliance or zoning permit they don't just look at the use
in a vacuum by itself as the only thing that's being applied for um because the plan regulates more than the use um in fact all uses are required to provide off- streetet parking in the
plan the plan has provisions for how to calculate that do alternative provisions for it because it acknowledges we don't want to have just a lot of off- streetet parking parking lots are not viewed
kindly right we want to have buildings in the redevelopment area those are the things that generate tax ratables bring people into town serve the community um so we have architectural design standards we
have sign regulations there's a whole document full of regulations that go beyond just the use that the zoning officer looks at with every for every application every application
do they have a complying sign are they are they doing building modifications not necessarily the footprint but facade alterations right because there are regulations about that can't close up windows don't want to close up storefront windows so we have
regulations about that the redevelopment plan says anytime you deviate from one of these requirements on page 64 right in the next column about site plan approval it talks about the type of
uh relief that needs that can be granted so like I said can't be a D variance can't be for use can't be for height can't be for expansion not can't be conditional use um so only C
variances and then on page 64 I mean on I'm sorry on page 65 um it says um the planning board when acting upon an application for preliminary Primary or minor
subdivision approval or preliminary site plan approval shall have the power to grant such exceptions from the requirements of subdivision or site plan approval and design standards contained in this
plan so I don't know how you get approval for those deviations if you don't have a site plan because it says it in here it says when you're making says it's a four all right and there when you look at the language again
we're getting beyond I I agree with you that occupy space that if it requires more parking that's not what it says that part doesn't no exactly that's my point it doesn't say that that's a that's something the zoning I'm getting
confused so I hope I can It doesn't say that that's my I don't know what the zoning office denied your application for we're not talking about an appeal here we are talking about the certification language of the interpretation and I agree with you that
paragraph says what you say it says i'm saying that's not an absolute to being when site plan approval is applied to me it's an absolute that's what I'm asking the interpretation irrespective of the use going in if it requires more parking or doesn't require more parking
you interpret the language as stated you talk one second mr cars what's triggering the parking calculation the plan requires all uses to provide parking there are ways of providing that
parking there's ways of calculating the parking part of the or part of the plan to provide this much parking why is this being triggered for this particular application not happens for all applications so you're saying that that the guard state equality I don't know what happened with the guard state
equality but I can talk about lots of other applications in but in both the MSRP and the CBD that I personally reviewed and issued zoning permits for last year applicant comes in mercantile
license I want to operate business in the sink what is it okay how much square footage are you taking the floor areas whole ground floor yes okay what's the use basically a restaurant so are you
saying the use is triggering the parking calculation or not absolutely parking calculation is based on the use and the square footage of that use compared to the previous use we compare that to the pre prior use to determine whether more
parking is required by the new use because not every use has the same parking requirement office is not the same as restaurant yeah but it but if if I I get what you're saying but if if the approved uses are many and and one of them is is
professional services or personal services if if the if the use is approved the statute does not say you have to look at what was there and compare that to what's going in so So as long as it's an approved use that's going in it's a thing that's regulated
but according to the statute that that is what's deal but you're saying the parking is being triggered by the use Donna so if that's the trigger effect then you're saying that the use will trigger the parking but if it's an approved use and you're
saying we have to look at what was there compared to what's going in everything we look at from every application that comes in whether it's for a mercantile license or an actual site plan approval we evaluate the use and all of its requirements does the building fit on
the lot right bulk standards coverage requirements off- streetet parking but we have a number of buildings on Main Street that don't that have a lot of through traffic if you will coming and going and they don't have parking lots
so how do they because generally the square footage doesn't change for the use that went out and is coming in and the uses are similar enough that the parking requirement for those uses is the same retail for retail
yeah but this is non-residential for non-residential it's not so under commercial uses we have convenience stores retail services sound recording studios rehearsal space and light industrial in the parking table those all have the same parking requirement
that's a lot of variation that you can go from one in the same space one use for another use and the parking requirement is not going to go up right if I take out if if I take out a retail store and I put in a light industrial those have the same parking requirement
so it's a one for one swap no site plan approval no parking variance but if I want to change out a um a retail store for what's this higher one for a
restaurant the restaurant requires 15 Austri but the retail only requires two they'd be bounced for for a parking variance are we talking about a restaurant i'm sorry are we talking about an SQL no
okay but this is the interpretation but this is this is what we're talking about we evaluate what the use requires under the under this plan and some of those uses have a higher parking requirement so if we say so if you if you have an
office and they move out and you want to put in a restaurant even though it's the same floor area the parking requirement for the restaurant is higher right so they would need the parking barriers they're not talking about it yesterday if we say we need a site plan this gets kicked to planning board would go to
planning board and if we say it doesn't need a site plan they can proceed and file this has nothing to do we're looking for an internal I know that effect in that effect in effect right like if we say it doesn't need to go to the planning board because it's a
use for use with the application with any tenant we're looking but they've already been told that they have a permitted use is that correct Donna i don't know anything we're looking to put in there is a use they're saying the point of their
application is they want to do then what are we arguing here we don't even know what the use is because it's you still have to talk about generalization we're looking at an iceberg we don't know what is under the water now this is the problem let me explain the issue that we're having and this is all up and down the street it's the same thing
anybody that owns a property if you have to get site plan approval for a tenant you're the owner of a property every time you're looking to bring somebody in that may have a restaurant that was a retail you have to come in for site plan approval you're losing that tenant
you're going to kill the entire down the entire main street if you have to go through site plan the cost of going through site plan approved cost of getting a site plan done getting an architect getting an engineer but this isn't this is not this board no but I'm just saying this is the reason that I'm
looking for the interpretation is that you don't it doesn't say you need to do all that what it says is you don't have to do any of that as long as it's nonresidential doesn't say well non-residential but you look at parking that's not what the ordinance says it
says if it's non-residential going into non-residential all on the main street development you do not need site plan approval irrespective of what the parking is that's what it says in the ordinance it's that simple
they're adding language in here that doesn't exist it is in there don't say it doesn't exist it's on the same page um so I I'm I want to ask you a question so um in section 7 which has the the list of
uses by the different districts um and the bulk requirements and the Austri parking requirements you're saying everything below uses doesn't apply this an existing building it's an existing building and it's a permitted
use going into So none of these other requirements apply which requirements are you talking in this table on 39 and 40 of of the plan proposed land uses and building requirements by character district no as long as you have a non-residential use going into an
existing building that's nonresidential and that's that's in the redevelopment plan language already so um section seven of the redevelopment plan contains
the proposed land uses building requirements and design standards which supersede the regular land development regulations but it says it in there when you're changing site conditions yeah you go in for site plan approval but that's not what we're talking about i agree and it says it in
that altering site conditions how do you comply with these requirements because it says it here all non-residential use except when the non-residential use is proposed an existing non-residential space or or when the establishment of
the non-residential use does not alter any site conditions if you're altering those site conditions then it triggers site plan but if you're not altering the site condition it doesn't you're not changing the parking lot it says it in here you need site plan approval if
you're constructing or altering parking areas or driveways you're not touching any parking area if it's simply a non-residential tenant going into a non-residential space you don't need site plan approval but it seems like it's mutually exclusive and if we say in
the interpretation that hey forget about parking it blows the whole club gates open for everybody to just come in and do what they want that's not the purpose no it doesn't say what they want if you're What what what when you say what you want well you're saying as long as it's a you know use a permitted use only
to as long as it's another permitted use regardless of the use it's okay but as we were talking about a retail store versus a restaurant if that were the case in any case because it's an interpretation that shouldn't be allowed to be the ordinance but that's what it says so no let me clarify that that's
what it says because I agree with Andy if you're not changing the building and it's a permitted use that's not a trigger for site plan approval what I'm saying is a trigger for site plan approval is if you need a deviation from the standards so one of these things in
this table on page 39 and 40 and most of it pertains to yeah are you altering the building setbacks coverage building height if you're not doing any of that that's great but there is the final thing in this
table is off streetet parking so you have to evaluate the use for its parking requirement if it doesn't comply with the parking requirement what happens but that's where I'm saying it's seems like it's more
you're saying so you're saying parking off street parking requirement in the plan doesn't apply to existing buildings in in the area not if you have a non-residential use going into a non-residential space if you're altering the building you're reconstructing the building redeveloping the building yeah
then it would but if you're not redeveloping and when you look at the plan it talks a lot about redeveloping all these properties all right and I agree if you're redeveloping this site yeah you have to come in for site do it all the time all the properties that we've redeveloped in the downtown on
Main Street the waterfront come in all the time cuz you'll redevelop it but not when you simply have a tenant coming in that is a non-residential tenant a permitted use into an existing non-residential space so here's my
concern right being asked to to interpret this plan and and we don't have the plan we don't have the full plan in front of us we weren't there right we don't know the legislative intent whoever drew this up I'm assuming it was the council so we can only go by the facts facts just state that if it's
a permitted use and it says restaurant retail store personal services anything beyond that as far as parking in my opinion is an assumption and and you're assuming that a wellness center is going to require more parking than than what's there wait let me finish but we don't
know that because we don't have any other facts so the only facts that we can go on is a permitted use non-residential to non-residential and my my reading of it is that there is an exception for that and and Hang on wait but but let me just All right let me just hammer my one
point anything beyond that to say well the the the non-residential to non-residential is going to trigger parking as long as it's a permitted use you're you're then assuming that it's
going to do that and we have no facts to to base that assumption on and and therefore we should not be making our opinion in my opinion I agree 100% so I just want to clarify i I understand we're talking you have to take generalities
here we don't have a specific but we're not going to do with the generalities no doubt we're telling you that we cannot cope with that we're not going to make a decision on generalities that's what an interpretation you have to make an interpretation but we have nothing to go on Mr paris he's telling you the
specific language what is the specific language but we were told there's a permitted use correct it doesn't matter we're talking about an example a hypothetical a permitted use occupies a space that was occupied by a per permitted use
yeah really and and I and I agree with him yeah if that's all it is and it's one for one you wouldn't have to go for site plan approval the city does it all the time look all up and down Main Street every time a new business moves in they didn't come didn't come for site plan approval there was a calculation
made to determine that the space complies the new use complies with the space that's there so um but I I realize it's right it's kind of two things i agree with him
you're not changing the building and the use is the same yeah that doesn't mean site plan approval and if the plain language says doesn't matter if it's more more required or less required do you see our confusion Mr caris yeah but I'm trying to leave it that's what I'm saying what I'm saying but you got
everybody from attorneys to all of us being confused it's very if it's a nonpermitted use irrespective of what the non-permitted use is when you read the ordinance going into a space all right for which allows
non-permitted use or was a non I mean sorry permitted use permitted use non non-residential going into a space where it was a permitted use non-residential all right you don't need cycling irrespective of whether it the parking
calculations are more intense or less intense what the ordinance says it doesn't say look at the parking calculations it simply says you don't need site plan irrespective of the parking calculations it's a non a non-residential use going into a
non-residential use that's per it that's it you don't go beyond that that's what it says and I disagree because it does go beyond that on the next page it talks about all of the other reasons you would go for a site plan approval when you have a
deviation from the standards because all uses all uses have to comply with all of the standards in the plan that are applicable to that use so again signs right any building changes if it's no
building changes doesn't apply but you're you can't say you can't say you can't say the site plan the requirement for site plan approval obiates the requirement for off- streetet parking elsewhere in the plan it does because that's what it says
no it doesn't read it jack do you have a thought on this well the let's take the opposite what is the purpose of that language if if it's going to be tied into a partner what's the purpose of the language when would it when would it
when would it come into effect you'd have you'd have to have apple for apple so So if you had a It doesn't say that if you Right so if you if you had a retail store that sold to interpret what's in what's right which would almost again not not
to but we're adding verb right to to what's in the ordinance if you require if you say you got to add it it depends upon parking you're adding verbiage that doesn't exist i agree with that Mr carris right okay so we should just accept simple language being presented
by you that's what you're saying right and um on the other side they're saying we should look deeper into this thing but there's so many variables especially here in Asbury Park as far as parking is concerned you can open it up and
everybody and lose your parking spaces to another business okay and that's what I'm I'm just looking at common sense okay you can lose your parking to another business that has nothing to do with you so by keeping it simple we make
it equal for everyone with nonresidential uses is that what you're saying i agree okay thank you i'm not sure I understood that but um so again using your logic if a use comes in
to occupy an existing space and they don't have a compliant sign what happens they get to put their sign up anyway their sign which says y says what says what prior to the issuance of a building or zoning permit site plan review and
approval required for changes or structural alterations to the facade of a building or structure the following exceptions any change in existing or addition of new signs or exterior lighting it accounts for that there's a specific provision that deals with that
that just says if you're changing it it says it there so it deals with it but we're not talking about that we're not talking about somebody with signage jack how do we move forward i think Wait I have another question unless Unless
there's more evidence that's going to come in cuz they're just going to go back and forth you make a decision you make you take what's done and you make a decision unless there's more evidence that's not in the record that has to be vented that's fine if not
then make your decision mr parasite and your writer I think it's page two uh it would be the second full paragraph the last sentence there it says "The mere occupancy of a new non-residential tenant as permitted use
within the building does not equate to an alteration of the site conditions." Correct so you're you're basically saying that if it's a non-residential to a non-residential regardless of the parking it's approved exactly and and that that language is from the statute
that I just read it's it's the uh page two of your writer second full paragraph last sentence starts with the mere occupancy fourth sentence that's his language third and last paragraph on the the paragraph starts with notably the
second exception right right independ yeah my position independent of the first exemption in the redevelopment would also exempt if there's no alteration of any site conditions that's your language though that's not from the statute well actually what the statute says it provides two exemptions it says
first exemption when non-residential use proposed in existing non-residential space that's one or so it's an either or or when the establishment of non-residential use does not alter any site conditions so under either of those uh circumstances you don't need site
proof okay thank you that seems very straightforward and I agree with it you're not helping us Donna i know my point is my point is that only pertains to use that language is talking about uses it's not talking
about any of the other requirements in the plan there are standards that go beyond just the use then why have that and they have requirements and it says if you deviate from any of the other requirements the planning board can
grant those deviations we treat them as C variances and then it goes on for another five paragraphs about that on page 65 because just like under the mun land use law if you have a single family
dwelling that you want to build on a lot in this town and if you get it to fit in the setbacks and lot coverage building coverage and you provide the required off- streetet parking you can get a permit without having to go to a board
well first and one and two family homes are treated completely different by the municipal landing you can't point that i'm talking about deviations from the requirements of the ordinance what the language says i'm talking about deviations from the requirements of a
regulation the plan requires Austri Parking for all uses if you deviate from that requirement you need relief from the board so in other words hypothetically we say "Sure we agree with the interpretation
he still has to go and deviation is a trigger for parking and he still would have to be fine hypothetically not if you go not if you address it in his favor it wouldn't well see that's my concern is because then everybody thereafter that interpretation
means all all systems go and there's really no no regulations apply to these but if we say hey you know as long as it's permitted sure this interpretation stands but if you trigger something else then we need to account for those changes otherwise we exacerbate the
issue of parking which everybody hates so we could talk about that we didn't know what the council was intending but clearly in my opinion you can make an assumption here that they did this to make sure parking was talked about and was part of the factor here if parking
were irrelevant they wouldn't have Mr caris has no control as long as he sticks to the letter of the law he has no control don't let me talk please don't interrupt me he has no control over the parking of
that entire area okay so we're holding what we're doing we're holding him responsible for something that he has no control over i don't think that was the letter of the law i don't think that was meant they're just making a general a general a general statement which will
apply to all non-residential businesses in that area i think we're making it much more complicated than it has to be i'm sorry Dan can you clarify that i just made it simple i'm not going No you said over the area when I talk about the
downtown area where the business is taking place okay and you can have things taking place five blocks away from them say it's a concert okay or there's a or there's a street fair that's going to affect his business he has no control over that sure and I'm
not going to sit here and penalize him for something that he has no control over because I don't believe that's the letter of the law but that's an extenduating circumstance what we're talking about are basic things that happen in the in the operation of that business in that area and that's what
the law is saying and I'm and and I sit here most of the time and I have nothing to say i get tired of things being made more complicated than they have to be made and this is very simple jack can you let me hold Can you repeat again how how do
I feel like we could go back and forth in their sides here how do we how do we move forward with with with moving this application forward do we need a motion to say that that the board interpretation is whoever wants he does not need to go he does
agrees with the applicant or if it fails to carry a motion to agree with the position of the city on the interpretation one or the other is going to prevail one or the other's gonna get a majority vote right all right i'll make a motions and wait
i was just gonna jump to it anyway um first we we have to see if there's anybody in the audience no this is not an application for development this is a pure interpretation by the board no public notices required there's certainly no public input because it's a
it's your call okay so maybe we should have some deliberation first yes you should before there's a motion that's okay so anybody want to speak on the I will just I will agree with uh the other
member on the board i think the the plain reading of the statute if it's an approved use and it's a non-residential for non-residential I think we're adding any additional I think we're adding assumptions and adding language and interpretation beyond the plain reading
of the statute if we say that he's got to go in front of the planning board I'm sorry I couldn't hear the other i think I think based on the plain reading of the statute if it's an approved use if it's a non-residential for non-residential
any assumptions beyond that we're adding our own interpretation into the statute which I don't think is proper and I don't think he should have to go from the board i'm I'm in agreeance i think it's plain and simple
i I have no problems with it on the other side using the language of my deceased mother let's not make a mountain out of a molehill anybody else for deliberation yeah I mean I respectfully disagree i think that yes on its face it says what
it says and I agree with that but I think that by looking at everything in full that's where we have to even if we're not making assumptions if it's supposed to be a checklist where they go down and if it fits in that list they do it if it doesn't there's a process that
is enumerated so for us to just blanketly say you don't have to cooperate with the rest of that ordinance in my opinion that's incorrect and I understand that although we cannot control street parking there's a process for them to get relief from that as well
within that same ordinance so I'm not trying to make a mountain out of the mole hill i just want to make sure that we are following the letter of the law any other comments being none i I will I too feel like if if you take the statute as it's listed
it's very straightforward i I have trouble adding verbiage to it and and coming up with a new uh statute that's listed other than what's there so I I respectfully don't
agree with the zoning officer that's okay that's an appeal so do we have a motion i will make a motion that the applicant does not have to go in front of the planning board does not have to his interpretation of
the ordinance is correct his interpret I make a motion that the the applicant's interpretation of the uh the statute is correct i second okay that's it's it's an ordinance ordinance okay that's I'll second it okay
um I have Daniel Harris yes russell Lewis yes jill Potter yes natalie Pasarini yes jj Hall no vice Chair Scully yes chairman Avalon
yes okay thank you very much and I make a motion to uh to take a 10-minute recess second oh motion second second all in favor all right um I will now take roll call
um Wendy Glassman absent daniel Harris here russell Lewis here jill Potter here nile Pasarini here john Hall here vice Chair John Scully is recused as well as Wendy Glassman as well as Wendy Glassman
and Chairman Avalone here all right thank you let's get back to it next application 601 Grand Avenue chart the Hope Academy Charter School mr chairman I reviewed the notices there in proper form we have jurisdiction receiving this
matter thank you Jack and am I looking at Mr scaria scary yes thank you do you guys need to plug anything in or are you just screen uh we're use the screen for our engine here we're ready for that
okay please proceed good evening uh my name is Richard i'm a partner at the law firm Halen Wright i represent the applicant here Hope Academy Charter School which is the owner of the property at 601 Grand Avenue which known as block 3204 line 6 uh the property is
in the R2 residential zone small portion of it's in the R3 residential zone but really not impacting anything we're here for today uh the current use of the property is a school which is a pre-existing non-conforming use of subject location i just want to give just a little brief background for the
testimony so the board knows what we're here for today uh the app is proposing to place a modular library next to the school for educational purposes is the modular library is intended to be used as a media center for the students and
the teachers um and we will present details from um where was it originally Mr gary where was what the media center library there is none there currently they don't have this so what what we're
planning to do is add a trailer which is a mobile modular library in the form of a but there was no library prior in the building uh I can have the um uh Miss Pratt testify as to that i think this is an addition i don't think it's moving
well I'm just trying to understand why all of a sudden you need a library if there was already a library well I think I can have my witness testify as to that i think she would just have more knowledge as to the reason so you're saying you don't know whether there was a library there originally there is a
library in the school oh there is there I I believe there's a library in the school and this is pursuant to a federal grant to provide additional space for use uh as a educational center media center which will be an addition so there was a library and now you want a
library outside of the building we would like to add a a a additional modular library outside the building to be also used as a media center and for educational use why can't the current library be used as a media center
i this is pursuant to a federal grant and I um I don't want to present testimony here um but uh this is going to be served as a dedicated live i'm just trying to get through the facts to understand what So is the
federal grant triggering the mobile trailer unit is that part or is that what you guys want to spend the money on is bringing in a trailer for a media there's there's a federal grant that covers a lot of items and but that's not
specific to to make a library though no the federal grant is is is a certain amount that covers many different things and one of the purposes that the school wants to use the grant for is to add a media center and add this so why can't you use the library's media center or
make the media center in the current library enhance or improve or update the media center library that you have again I I believe that the the space is needed here um and the main building has limited space for that and this provides
additional space that's too small that this is an expansion you believe or you know well wait a minute we got you got we got to allow him to put the case in to justify his position you may not agree with them but you'll find out whether you agree that's fair but it was
just getting some pre-clarification on the need again and and as I was going to say I have my witness who is the principal of the school can provide the specifics the library there why need to increase you can ask her any questions
concerning that um I don't want to just I just want to say what we're doing what we're proposing I don't want to provide specific testimony because I I I just want to be fair and she can explain it better better than me but my understanding is that um the main building has library services and very
limited space and that there is an opportunity with the federal grant to increase that space to provide a media center and Miss Pratt who's a principal can testify as to specific reasons why why we can't do it in the school why
this modular library will be beneficial to the school and then if you want to ask her questions I think she'd be very quick to so basically this is to enhance the education improve the quality of education for the students going to that
school Yes okay yes okay so again um just as to the uh variances required in the application uh there are no changes to the existing school building but the this is an expansion of a pre-existing non-performing use so the fact that we
are adding a modular library in the form of a trailer expands that use because we're expanding uh the floor area so we need a D2 use variance for expansion and not performing use uh we would also need a variance here for an accessory use a
not permitted accessory use it's considered uh under the as we park zoning ordinances to be a trailer uh and it's not permitted specific purposes trails are permitted or were to do with warehouses but it's not permitted for this application so we would need a
variance for that excuse me uh we also uh require my site plan approval and there's also bulk variances for the uh main building school that's pre-existing but we're not changing any of those but they're technical variances and we're also going to talk about the design
waiver for the parking spots and basically we're going to testify that the there's two parking lots there's one on So Avenue that's used there's one on Monroe Avenue even though we're getting rid of four parking spaces no one parks there it's a playground area um we're
not changing anything uh uh with the amount of cars that they have to park in a different location uh this is a area used for the playground and that the elimination of the four spaces is not going to affect the parking or the traffic flow on that um and then we
originally submitted the application with the modular library to be on the corner uh on the north on the southwest side uh which was close to Monroe and close to the property but based upon the
recommendations of the planner we amended our application and moved the module library very close to the school this way it's out of away uh from the street from the neighbors it has proper handicap ramping and it's easy access to
the school that go back and forth this modular library is only for use for 15 20 minutes so it doesn't have bathrooms there's not going to be a classroom it's just additional space uh for the media center so with that being said and that's an overview of the application we have three witnesses who's the bishop
Pratt is the principal uh Chris Ner is our engineer uh and Mark Liieber is our planner from East Point and we have some photos and also exhibits we would like to submit uh unless the board has any further questions from your clarifications I can start with the what
please proceed okay do you understand the extent of the application minor site plan with D and B variances and design exceptions fair enough okay thank you uh I have Please
good evening may I please sure did you sit here yes yeah i'm going to get mad please raise your right hand do you solemnly swear or affirm that the testimony about to give this matter the truth truth and nothing but the truth i do please state your name for your
record and spell it disha Pratt d is in David a V as in Victor i S as in Sam h as in Henry A last name P as in Paul r A TT okay and I'll have my staff sworn in as well please right hand solemnly swear
affirm testimony about the given this matter be the truth all truth and nothing but the truth please state your names for the record and your affiliation with the board donna Miller board Jerry Fera board engineer thank you thank you um Mr who is the uh
applicant here or the owner of the property um Hope Academy Charter School okay and are you employee of Hope Academy yes I am and what is your position there i am the chief school administrator/supendant okay and how long have you been uh the superintendent administrator of Hope
Academy um I transitioned to superintendent in July of 2014 but I started at Hope Academy in 2003 and you have the authority from uh Hope Academy board to act on behalf of the applicant for this application correct
okay and can you provide just some history uh for the board ask the Hope Academy uh it's a charter school what it is and and the students sure um so our school was founded in 2001 um founded by teachers from the Asbury Park School
District um we actually recently were just approved for our fifth charter renewal so we were renewed for another 5 years um our school uh was approved to serve a max of 360 students currently we serve 311 um and the space that we
currently occupy was purchased um for the students um but it was not originally um outfitted as a school so we have limited space um so that's the basic um request tonight to be able to provide a modular unit to provide
additional learning space for the students in the form of a library and um you spoke about the limited space and and a question from the chairman u when I started my introduction can you describe specifically the space you have now at the school and why there is a
need to add a modular library to increase the space for library purposes or for for educational purposes um sure we do not have a currently have a library nor do we actually have a gym um so this will provide an opportunity to
bring the students together for research purposes uh reading books um our students do currently you know walk over to the library but to have something on property um would make it very conducive for learning to be able to have another learning space to go to again that space
that we're currently in was not originally outfitted as a school building so just to correct me and maybe I I misdated I apologize to the board so the school right now does not have a library we do not have a library okay do you have any area in the school where
you use as a library space or anything you you use or do you have to go offsite we have to go offsite the classrooms we of course have um small uh portions of uh books to provide the students but there is no official library space okay
and so going to the application so to add the uh modular unit uh on the space what would be its specific function um so specifically again we would be using it for research purposes um
ultimately we would uh create a schedule for use teachers would sign up to be able to go into the library to do various research projects um the grant that was referenced um um will provide an opport $200,000 you guys I think
inquired about the grant $200,000 of the grant um would be utilized to purchase this modular unit um and the students would have the opportunity as I mentioned to go in and um leave their current classrooms to be able to go into a different space um to do research to
uh just diff have different activities happen outside of the learning environment that they currently have and how long do you plan on having this modular building on site what's the duration um it would be indefinitely we
don't have a designated um time frame and just describe uh the grant a little more about the the grant that the schools received and what's being dedicated for the purchase of this building so um this is a uh charter
school grant um we were awarded $1.5 million of which we are allocating $200,000 for this particular modular unit um the grant of course was uh something that we were able to receive because the department of education
approved us to increase um our student numbers so with that um over the last couple of years we used the grant for multiple reasons in support of educational use and this was one of the things that many other charter schools have um been able to use the grant funds
for okay and can you just some um highlights of the operations what would the hours of operation be for use of the uh modular library sure so that would not change from our regular daily school operation so we um run from 8:00 in the
morning to 300 p.m in the afternoon um so we would make sure that the operation for this um library is the same time frame as the school operation nothing would change there and how about the staffing how how would a module library
be staffed um so that would just be the students and our current staff that we have so we're we're not talking about a very large unit um our class sizes are small so we're looking at um a ratio of maybe 1 to 15 16 students max and that
would be the only um individuals going into the library at one time um and so we're looking at you know a time frame of um anywhere between 30 to 35 minutes but again the teachers would sign up so in terms of staffing it would be the teachers that we currently have working
in the building as well as the cleaning staff it would just become another location another room educational use room okay and can you just describe if you have an array of specific services that the library uh will provide um
books media right technology yes so um the grant also has allocated funds to get um laptops devices um as well as a plethora of uh educational books to be able to use as well as um software for
the laptops to be able to access um various research um sites and how about um the requirements such as and I know the engineer will probably talk further about this but ADA compliance ramps um access to the
bathrooms in relation to the school can you just describe that just in general yes so we have been in partnership with um several professionals in terms of making sure that it is going to be ADA compliant and there will not be a bathroom there it will be similar to just the students as they are outside at
recess they go right inside our building to use the bathroom so it would be the same thing because this is right next to the building and um just so what would be like the the the ultimate purpose um I know you explained it for a library but how would this module library
benefit the students as a whole benefit as a school as a whole for for education okay so I've prepared a statement i didn't want to miss anything with that part so let me just share that um the modular trailer library will play a crucial critical role in maintaining literacy support equitable access to
educational resources for all of our scholars it is a cost-effective student centered solution that aligns with district strategic priorities and curriculum and support it will provide digital access and academic readiness across grade levels we provide grade
levels kindergarten through 8ighth grade our operational model will ensure that the library continues to function as a vibrant hub for learning collaboration and exploration regardless of facility changes or enrollment growth we believe that this is an inherently beneficial
use and you understand as part of this application uh required to obtain a use variance for the addition of the modular library because the school is a pre-existing non-conforming use of the zone yes we understand okay and uh you
also need a variance for you understand for the accessory structure the module library itself that accessory structure is not permitted without a variance before right correct and I also want to talk a little about the parking uh so um
you understand as part of this application that um the placement of the module library uh just from its size will eliminate four parking spaces in the line we're aware the um additional spaces that are in that particular lot
are not currently used at all anyway so it won't cause any concern and can you describe to the board you know your parking arrangement you know as far as you know you have the one lot where people park and and this lot what this does lot is used for can you just give a little background so the board
understands uh about about these parking spaces yes so we have ample parking in our back lot for our employees um the lot that will house the modular library um would also it also serves as our play area and that will not change the
students will still be able to play in that area have recess and gym okay uh I'd like to just introduce a few photos if anything happens how many uh there's six and they're actually um uh
page number one okay so let's make it A1 consisting of six pages of photographs and I have four sets hopefully that's enough to pass around um I just want to review the f these photos here just so the board has a
sense uh visually of of where the uh modular library is going to go and uh are you familiar with these photos that is marked as A1 and there's six pages of these photos correct correct and these were taken by um uh the engineer for
this application who will be testifying after correct so just go one at a time and remark clearly photo number one uh just show what that represents and where the modular library will go in relation
to to this photo um in photo one the blue painted area closer to the parking uh where you see cars that would be where the unit would be placed so if you're going where the blue and the school meet um with a little maybe
space between that that's where the um the Montro library would be proposed correct correct and if you look at the second um page uh as just this just showing um continuing blue area the extension of the parking
lot yes correct and it's just going to remain as as a play area for work for the students yes and in this lot um even though um this there was some striping there previously this lot is used for complete play no one parks no one parks
there mhm and if you go to photo number three uh are we basically just going in a circle around the lot this was correct and uh uh do you recall originally proposed or
you proposed about your trailer on on this corner yes originally yes closer to the trees right but um but we decided after the planner's comments to move this closer to the school correct okay and then can you just tell the board
what lot of four is with all the cars there uh photo four is the back parking lot with the parking for the employees okay and this is where everyone parks correct and if you go I guess to the far side of this photo that would be the the lot which were the first three photos
yes right okay and then photo number five um is this just an aerial view of that of that parking lot yes look in the window you can see both parking lots from there mhm and the modular home would be towards that I guess that right
corner bottom right corner of the window correct those benches are correct and photo number six there's two photos here he's describing these two both of those photos again are of the back parking lot we had window work being done that's
what's happening in that picture so that that that was there so uh as you testimony that uh regardless of the elimination of these four spaces that um there's always there's sufficient parking in the main parking lot where everyone parks correct you have any need
for off streetet parking at all no okay and uh um your employees always able to park in the in that parking lot correct okay okay so as far as you know that we'll go more about with the planning testimony
about the curb cuts in the driveways uh even though they're they're undersized or not the right it wouldn't make a difference cuz no no cars go through there no cars park in that area no cars at all um do you have anything else you would like to add to the board any
further any further testing no if they have any questions of me i have no questions okay what grades do you serve what grades do you serve kindergarten through 8ighth grade kindergarten through 8th grade okay how long will it take the young people to walk from the
main building to the to a new library oh less than a minute maybe yeah less than a minute i'd say maybe 30 to 40 seconds it's that close okay and then what about security to that time they go from one building to the other building
um it would remain as it is now we have security staff that survey the area okay and work with us so the cameras that will watch them walking from one building to Oh absolutely we have cameras in the boat lots okay thank you mhm i had some questions about parking you
said that no one parks there now can people park there now they just don't or you are not able to park there now um you we could if we had to open it up but we do not need to use it because we have ample parking in the back lot can the
public use that parking no um and you said that one of the purposes or part of the grant was to potentially increase your student count i'm curious just longer term planning more students more teachers more parking no we are
capping at the 360 okay yes and so your number of parking spots for teachers would service the 360 yes and just to if I could follow up on that as a result of adding the module library uh are you increasing any of the
employees staff and the interest of the school no you're not changing yes is this a prefab trailer unit or are you bringing in a containership and modifying it like I'm just curious what
is it what does it look like so I'm going to leave that to the experts to to to be able to give you the specific details she knew it already right so it is my assumption that there will be parts that will be prefabbed um and it'll have to be put together there but
there are But this is a temporary structure correct well it can be moved it's It can be a structure that can be removed if necessary that was one of the grant requirements yes oh that's a grant requirement that it's movable yes so I guess I'll wait for the architect does
that mean it's on wheels i do have pictures of it so I can show that uh with the engineer and explain exactly what it looks like this is a picture of a foundation it's probably the grant i'm
sorry this a onetime grant yes it is okay so you won't have to reapply but that that modular unit will exist as long as the school exists correct do you have after school programming like will it be part of the after school
programming this will not be a part of the after school programming but we do have after school programming until 4 p.m till 4 thank you any further questions for M one more so you had said that currently the parking spaces that would be occupied by the
unit are used for part of recess and gym but you don't have a gym at the school currently no we do not have a gym currently it's outside yes are you concerned that those spots that are currently being used for gym activities is going to be reduced because of the unit no there's ample space out there
we're not concerned at all currently when the kids are outside they're not using the entire space hi Disha hello um I do see that um the unit is really close to the basketball court i just want to make sure we can still make those three-point um shots
from that top right corner i see that I see that there are stairs going into that three-point spot so I just want to make sure that our basketball players are also well protected in this yes we've discussed that that will be moved over just a bit okay yes and there's still space for
that okay any further questions for Miss Pratt board professionals no thank you anybody in the public for Miss Pratt oh no thank you thank you
next witness is Christopher Lucer hello right here swear affirm testimony about this matter you truth the whole truth and nothing but the truth i do please state your name for the record and start it's Christopher Nuser and is it Nancy User
thank you uh Mr ner who are you employed with so I work for French and Prolo Associates our address is 700 Grand Avenue in Hacketttown New Jersey um I am
a licensed professional engineer in the state of New Jersey that license is in good standing i graduated from Ruckers University in 2006 with a bachelor's of science in civil engineering i have appeared before over 80 boards in the
state of New Jersey um in the capacity of Thank you Mr nussel that's fine we accept your credentials thank you and before I start I know you want to put something on the screen so we're not we're not doing two things at once here um then start
kind of all right and uh can you just describe before we um talk about us what you have there on the screen sure so this would be A2 yes correct yes yes and then I'll we'll email in a copy of it sure
or I can throw you a jump drive because I came prepared with a backup and a backup for my backup so um A2 is titled site plan exhibit uh dated today's date
and prepared by my office it is um the site plan overlaid on an aerial photograph of the site and the surrounding area so that we can have an understanding of kind of what what we
have around us on the property um I will do my best here to go full screen all right and just to clar you were involved in the preparation of that application of that plot plan yes okay and you're familiar with everything and
Okay and just describe um and go through that sure so um I think I have some notes here that I'm going to skip over a little bit we've talked a bit about the uh the site as it is but just quickly to orient everybody north is up on the page
here the uh site is triple frontaged so we have Monroe A on the south Grand on the east and SU on the north the building the five existing five-story school building is in the
southeast corner of the site at the corner of Monroe and Grand the parking lot that's used by the staff is this upper parking lot here and then the proposed building is
located it's this orangey tan colored um square rectangle on the on the plan with uh the access ramp and stairs located in this this lighter peach color in front of it so again located where it
would block these four spaces leaving these five spaces open um and as was noted encroaching slightly into the existing uh basketball uh court area so
the the site um the site is surrounded by a fence which is noted on the plan was a comment in your planner's letter that that fence actually extends beyond the property line and into the uh into the right of
way uh that was a pre-existing fence um that has been there prior to the school operating i think the request would be that we would like to seek just to speak
to the letter in your planner to comment in your planner's letter would be that we'd like to maintain the fence in its current location we understand that would require a license from the from the city council um and absent their approval we would have
to relocate the fence back into the compliant location onto the property but that was pre-existing correct it was pre-existing it's in the right right it's there it's in the right away it's not anything that we're asking to change we're actually making um no changes to
the site right we're not adding any impervious we're not taking away any impervious we're not adding any We don't have the right to grant a variance for that no you don't right it would just be something that you would have to get from the council it would be a condition would be that we would have to go to the council and request the license from
them to allow it to be within what's essentially the city's property right so that would be the request and if they were to say no then we would relocate the fence onto the property into a compliant location
um from a a traffic circulation standpoint again what's used predominantly by the staff uh is this parking lot here there are two entrances or an entrance and exit
onto SU accessing the parking lot which has oneway circulation around it you have these angled parking spaces and some parallel stalls facing Grand Avenue the parking lot playground area in question where the modular building
is proposed we do have those existing nine spaces striped out where we would lose those four they are angled um so if you come in you would use this existing curbcut entrance come through the gate
because it is gated um and park in the spaces if you were to leave or when you were to leave it is not the Hotel California um you'd be able to back up there's plenty of space in there you'd back up and come back out that entrance
but again as it's not a used parking lot it's not you know actively um it's not people coming in and out constantly if it gets used it's infrequent at best um so you don't have conflicts with traffic on the fact that
really you have what would be two-way traffic in there right in that in that driveway but it's only wide enough to really support one-way traffic i would think of it more like a residential driveway where it's very limited in its use and you're not going
to have a series of conflicts where people are coming in and going out all at the same time and even if that were to happen it's constricts at the gate and at the entrance but just inside there's plenty of space for somebody to keep their car
off to the side and let somebody come in while somebody comes out it's it's not a space constriction it's just in that one little space so um you know again an existing condition that um is inherent to the site that we're just looking to
maintain without any negative detrimental impacts to the way that it function excuse me the way that it functions or to you know the safety of either the people parking there the people on you know that would be potentially walking on the street driving on the street um I I don't see
any negatives from that um and just not to stop you there but it it's uh eliminating four auxiliary off parking spaces is that where the location of the modular uh building is yeah so we're what we're
saying is that these last four spaces would no longer be I'm going to zoom in here everybody out um these last four spaces would become unusable i think realistically maybe this this fourth spot here is really
still would be usable um you know if necessary but at the end of the day it's not used at all now um so while functionally those spaces are being lost and again there's a requirement for the ordinance to have 65 parking spaces we
currently have 55 parking spaces with the loss of four we go to 51 so that's the design waiver that was uh referenced earlier in the parking where we would be deficient in parking you heard the testimony from
the applicant that this isn't a parking lot that they use again it's gated so it's it's controlled if they needed to use it they would have to open the gate to it but right now everybody fits um in the upper parking lot with with sufficient space um to to support the
staff that they they have and and would need too this is kind of So is this a trailer or or is this a building or is this a What exactly is this well we can Yeah what I can do is I can present as
another exhibit the actual modular style so we can make the testimony was that it had to be able to be moved what it is is I mean it's it's a modular building but it it comes in it is on wheels right it it would be trailered in
so it is on wheels they install skirting underneath it once it's installed so you're not looking at the wheels right it it has a a more finished look to it than just being uh so it's sort of like a mobile home yeah i mean thank you i mean it doesn't
it in the end it doesn't rest upon the wheels how wide is this mobile home 14 no well I would I mean if you I wouldn't call it a home because nobody's living in it well but you know what I mean Mr ner please it's about 12 ft wide right
so it's 11.75 ft wide and it's going to contain bookshelves and tables and computers and it's only 12 ft wide correct 1175 it
seems awful tight for all that mr mr chairman if I can just introduce maybe these pictures might help you with the questions of the mobile home uh this would be a three and I have four sets here and it's
a total of three pictures excuse me a3 yes this is not an unusual phenomenon various districts do use trailers and mo modular classrooms am I
correct you are it's very common okay you're not inventing the wheel no no actually the manufacturer if you go on their website has a little bar on
top that says modular classrooms so um there's a market for it okay but I mean just looking at it is not like it's something that I haven't seen before i mean I'm a retired teacher and I'm an official you know athletic
official so I mean this is very common place right so you're not just coming in with something that's new basically you're coming in with something that has been proven something that is successful and you're only trying to bring it in to enhance the education of the children in
the district based on the fact that they don't have enough room in the building that they are in right now that's correct okay okay go ahead i'm sorry sorry no you can go no I just wanted to describe i mean if you have a question that's fine i just wanted to go through the pictures
first while I show them if I could before we get to the building I just want to go back to the parking lot please do you guys so um you testified that it's a one-way circulation in the parking lot
back correct yes that's my understanding which gate is used for the in and which gates used for the out or both used whenever i don't know the answer to that so it might be a good idea to put a plan
together a circulation plan of the lot and identify which one's the entrance and which one's the exit for safety it is a school kids could be running around be good to have that done okay we can add some also painted arrows in the
lanes would be good now none of this stuff costs a lot of money but it's good safety feature it's cheap cheap insurance nothing else thank you um the gates on Monroe there's only one gate that goes
into the parking lot no there's two not off Monroe i only see one gate i said I see two concrete aprons but I only see one gate i thought there was a one gate right he
has one gate right is that gate locked that's a I think a question for the applicant but my understanding is we can get back to that if we like i'm only thinking in case of a fire something like that access into the You never want to take a truck too close to a fire but
depending on where it is in a building like this i'm not sure where they'd want to be so I'm just bringing that up food for thought um and you did agree that you would do the circulation and maybe the signage in and out
what was this second point you made circulation and the circulation of the uh of inward traffic and outward traffic and then arrows arrows flow arrows painted on the surface showing the direction of flow
traffic flow thank you thank you chair were we on Oh yeah why don't we um and may we might jump back and forth but while I presented this A3 uh can you just describe the three pictures here
describe each of the pictures and what it represents yeah I don't know what order specifically i guess you hopefully have it in the same order where the first one you're looking at so I understand this is the actual trailer this is not the actual trailer but this is
representative of this is just a representation yes yes it would be the style and the schematic I guess is similar size size scale right the length the width of it um
is consistent with what's proposed and what about the actual uh materials that it's composed of and yes I don't uh I don't know about colors okay yeah I'm not sure about the color
of it specifically but um you know material wise yes this is how it would be constructed and just go through each of the pictures just so we have the they have the same order as their and I'm assuming that what you have there is is the HVAC equipment that's hanging out
the back of it that's correct okay okay and that and that's the proposed way it's going to come in and be on the property or is it going to be separate from the building the HVAC is it comes in attached so it will be attached yes
so the first picture the view is the rear of the of the the building so the HVAC on that would be if you're looking back to A2 would put that on the school facing
side of the of the building right so it would be facing in towards the building the second is looking at the front of the the building you can see the two doors on there consistent with the two doors that
are proposed here on um the site plan right there's no rear doors uh based upon the way that this site lays out and then the final picture is just another picture of the front from a little bit um a little
bit further away it's not the most glamorous picture because again it is sitting it's sitting within the on the manufacturer uh on their on their property in their yard so it's not in a finished state where you have the skirting in there and
you know all the the stairs with the railings and the you know the the ramps are in place but this is what this is what the building would look like from a a a size scale uh visually what is
proposed thank you okay um so I guess if we would continue and I want to review unless you have anything to add the um the board engineers letter to this applica uh application i think we spoke about
paragraph 6 which was about the parking correct of the um letter from uh Lean Abbeakian date April 9th 2025 yeah that's how you want to proceed that's fine we did talk about item number six in there which is
the amount of parking item number seven we discussed as well item number seven in that letter this is again page three of that letter is the curb opening and the circulation through the um the small
auxiliary parking lot um we talked about the traffic flow and um adding arrows um item number eight is exterior about exterior lighting there is not a lighting plan that's proposed there are lights on the site uh there are two
poles within the parking lot that have um a pair of lights each on them there's also a light in kind of this the corner of the basketball court and
then again down um on Monroe facing in to um the playground area and the a light mounted on the building so this it's already it's a lit space there wasn't a need in our opinion to um to
add lighting from what was there now the lighting wouldn't really be necessary if you know this is from 8 to 3 is when the school's operating obviously somebody could still be cleaning it after hours or you know something like that where
the building could need to be accessed and based upon the lighting that already exists on site there would be there would be sufficient lighting um where there wouldn't be you know an issue or a need to add to lighting on the property so I
just want to add something it's not in the uh the letter here the engineer letter but um the trailer will be serviced by electric is that correct that's correct okay and I believe how how would the electric connect um to the
the trailer so there's an existing service pole in the northwest corner here of the of the the basketball court uh so the service will come off of that pole to
the building overhead you're proposing an aerial service it would be an aerial service would you consider underground uh if the building's going to be there for some time might be better long term to put it underground uh I think there would have a concern
we'd be chewing up the parking lot here where you know people are accessing and creating you know creating a a hump and a you know a difference in there i mean it's I don't think it's really a big cost
difference either way it's not a long run it's not a big service um the electric equipment for the trailer is underneath the trailer right um I'm not aware of where the equipment for it is kept if it's internal or
underneath how high is the top of the trailer where the where the aerial line will come from the pole to the top of the trailer where would that be is it the back corner is it Yes is it 10 ft high is it 12 ft high
don't remember offhand exactly how tall the trailer is um but the trailers are generally 9 ft high themselves and then it's um it's about 2 and 1/2 ft off the ground so you're about 11 11 1/2 ft in
the air so you're proposing an aerial run about how far is that pole from the corner of the building from here to here 20 ft 20 ft so it's the board's the board's decision
whether you want them to bring it on the ground or have an aerial line across but the only utility to the trailer is electric right that is correct there's no water there's no sewer there's no gas it's only electric
is the electric line over the basketball court currently but your plan says it's to be relocated yeah the utility is going to relocate that line where um they're going to relocate it closer to
the property line so they're going to So it's coming off a pole on Monroe they're going to the site the utility is going to add a pole along Monroe and then run it to the rear
from there so the original reason why the module library was proposed on that bottom left corner was because it was closest to the electric and that was going to be the access but because that was far away from the school and uh it's
better access to have it close to the school based upon uh you know the recommendations of the board professionals um the only way to get that electric there is to create additional pole that you're running across but the service to the school is
actually on a pole right overhead to that um it's southwest corner of the building this pole here coming into the building yeah that's serves the building yes so why can't we just run along the
building to the back corner and then over to the to the trailer and then across and then we can don't need a new pole and we can get rid of the extra overhead line uh that's running across the basketball
court well this also there's a this pole also has um the I know it has a light on it has a light on it so that's is it fed from that service line or is it Yes that's how it's that is how it's fed in um from
there and then I believe it then feeds this is what happens when you let JCPNL run loose with their wire well is is the service to the light pole in question underground or is it aerial this is aerial
this is an existing aerial service so you you you're going to run aerial to the pole and then aerial from the pole to the back corner of the trailer from the from the existing pole to a new pole back to this pole all aerial and
then aerial to the trailer yeah sounds like a not a very clean operation and that's right that's right over the basketball court as well my priority i mean it's it is now are you running underneath
i'm sorry are you adverse to running it underground well they have the whole thing paved and looks recently at least seal coated um so Oh you're talking a trench that's about 18 ft wide inches inches
inches sorry thank you it it's it's hardly even noticeable uh it gets the wire down under the ground it only has to be two foot I believe cover um it's not a big ask I don't believe for the board to require that i agree with you
because with the basketball court okay that's that's a hazard waiting to happen okay you're not talking about a great deal of asphalt you're not doing the whole parking lot you're only doing it from at point A to point B to get and plus it's more permanent and you can
eliminate the pole you can just run it underground right to the back corner and you're done i agree with you so it go underground like an L basically oh just from the pole with the light on it right that's in that corner right
straight from there underground to the corner right and then how do we just connect to the pole from the Monroe pole to the all from well your service is already aerial to that pole you just run it from that
want that that's the one they want relocated and so it's not crossing the basketball so again I don't didn't want to agree to something on the applicant's behalf but we will find a way to either run it on the building and over or put it
underground so that it's not running aerial over the the court or however that's good thank you i just have a question how how long is the particular Is that if you can zoom
in is that 56 ft this is 56 ft yes and are there smaller trailers available yeah i would presume that they sell it in Me too i would think that they have 40 foots 20 foots 30 foots is that your concern is the basketball
court it is um is is that the exact placement of where you foresee the trailer going yes then how are the children playing basketball not on a regulation court right and running into the side of the trailer or
or you're working on a you know on a half court right you can play half court have so much space could I'm sorry could you move the basketball court being that it
appears you have adequate space to do so you mean kind of rotate it i I believe this choice that the the placement of this trailer was agreed to because of a safety issue is that correct Mr nasser
is there is it because of egress and fire it was to get it closer to the building is that correct closer to the building where where did you originally have the placement of the It was originally proposed going north and south along this
western property line so it would have it would have taken up basically the whole basketball court so it's now this this was the compromise to put it in this location is that correct correct i mean I recommended it to parallel the building well I was just going to say
can we swing it so that the ramp and entrance is facing the building why wouldn't it be closer to the building altogether like do you know what I mean like if you took it and you just rotated it 90 degrees i think the concerns were
closer to the building in general was because there's no bathrooms in there and you want to be able to be closer to the school to use the bathrooms the ADA ramps work better at this configuration to get in and out there's easier ingress and egress and it took out less of the
park i think but what I'm saying is if you just for those exact reasons if you just took the trailer and you rotated it so it's parallel to So it's parallel to the building 90° yep 90° with the Now everybody's coming in and out going this
way versus coming out and then Yeah we there's there's doors along the there's egress doors along the building here that we would be blocking by doing that so we can't do it i think what we can do is we're not blocking it it can if you just go right where the center line is there may be a requirement Joe for some
That's what I'm asking is there an egress requirement you know you're you're kind of you're Yeah you're kind of breaking up the the play space outside i think what we can do and I think the suggestion that I think you were maybe
getting at was we can restripe that basketball court and turn it and it would just be this way in front of this space so we would just run it east west instead of north south we could fit that
full court within there again this parking doesn't get used we have the full basketball court still there we restriped for it you know I think you know concern may have been the the wire running across but the wires
being taken care of anyway so So you change configuration of the basketball court correct okay one we run the wires underground okay which is much better um in reference to a safety factor for the
children and we get what we wanted anyway everybody gets So you're conceding we're conceding we're suggesting because this ain't about us this is about kids okay and being an egg teacher I'm all for the kids i sometimes I think adults
need to stay out of it but um let's do what's right for the kids if they want to fall basketball court let them have it just let's make it easier for them if we want to keep them safe let's put the wires on the ground make it easier for let's go forward with this okay does leave
thank you one one last question and then I'm done with the parking um deliveries you guys must get cleaning products and paper and every other thing how does that come in and out of out of the site delivered at the front door everything's
at the front door yes okay all right so because it is getting late um I have a few more thing well we were in the letter so we'll just quickly go through the letter you quickly finish off paragraph nine and then the storm water number number nine was about um an
electric vehicle make ready space uh we weren't proposing any we weren't proposing any new spaces so that's why we were not proposing to add um an EV space and would ask for that design waiver as it comes to the storm order um
the the site is there's a wall on the western side there's a wall on the northern side again looking at A2 and the building on the east of this area that the building that the modular building is
within that's all lower the this parking lot play area is lower than everything else around it and is walled the water can only go one place and that is to Monroe um this is being put entirely on top of existing imperous surfaces there
are no changes to the storm water runoff patterns to the amount of runoff um none of it it will be identical in how it operates um the water like I said can't run on any neighboring property it
can only come out to Monroe um and then I think just to number 11 there's no gutters proposed on the building um and there would therefore be no roof leaders directing water anywhere
but if they were to decide to add a gutter at some point in the future and they put a roof leader in it wouldn't impact any neighboring property right because it's just going to splash on the on the existing pavement and come to Monroe and then number 12 we talked
about which was um bathrooms and the utilities to the building being simply electric and that's it and I think there was one other item to touch on uh within the planner's letter unless she tells me that there's more than that um and that was regarding
street trees uh you rightly point out in your memo that the power company has um mutilated the trees along Grand Avenue um there are it's a it's a pretty big
line set that runs up and down Grand Avenue um there's a there's a wire that runs pretty low so they come in and they they crop the trees if we put in a street tree underneath there it's only a matter of time before they um do that again and I don't think it's
really safe or appropriate to put the tree knowing that it's going to grow right up into those lines considering what they are there are many tree species that you can plant under wires now that we have many many species that you can plant under wires you could work in conjunction with the shade tree
commission and they could help you out we do this all the time this particular set has a pretty low running wire on it it's there's a lot hanging on these poles and with the separations they have that one wire is
running see the pictures so there is a looks like it's telephone that's a heavy low wire and it's only probably 12 ft off the ground i think that's the minimum yeah it's this is going to be tough but
I mean we could certainly do any of the cherries or you know small ornamentals is it just one planting spot that we're talking about no it's I think two that was a long grand two trees two trees uh do you have anything further to add
to your testimony excuse me sir yeah um my suggestion in reference to the trees if we should pass this is that you work hand in hand with the shade tree
commission um in reference to the placement and type of trees because what we're saying here in Asbury is that it's important that the foliage is somewhat similar and we don't want to change the demographics of the neighborhood okay so
just to frown a little because you don't get the tree you want don't cut off your fingers by you know just work with it yeah no and that's and I think that's fine i think you know just looking at what was the street trees around in the area there were some you know big
sycamores and all quite frankly the trees that were all street trees around there were pretty tall and you know that wire like I said anyway we hardly sycamor anymore very very rarely and only in the right placements
you don't like having the park everywhere what is it what's that yeah no um certainly certainly uh here to do that um I I hope you you can see that that we're you
making efforts okay questions for me any further questions for Mr no sir void professionals oh I have a question do you see the need for any type of roof covering as the kids are walking from
the main building to the modular no situation no what about when it's raining and it's snowing and it's icing and all that fun stuff i you know I think the way you heard that the programming worked within the space it would just be skipped for the
day if there was you know if it's snowing if it's icy if it's not you know not appropriate to go outside um a little bit of rain but you can't guarantee that Mr yes sir
um no I I can't guarantee that but that's you know the school the school the school isn't going to put the kids in a position where it opens the school quite frankly to liability right they're going to do what's safe for the
kids um because it's in the kids' best interest and in their best interest so you know I you know I don't see a need for a covered canopy going across yes that the kids could put their if it's raining the kids can throw their coats on um and and
head over if that's how they decide to to work it but you know I don't I don't think there's a need to put a roofed connection that is a minor expenditure okay for the children and sitting
here you know you might not want to hear it as a minority i hate to hear of let's cut corners when it comes down to giving our students what is best for them and and one of the reasons another reason why we move the modular home closer to
the school is it the distance is only like 20 ft where before they would have to walk all the way across the parking lot to do that so hopefully that alleviates a lot of that so it's a very close canopy is not that expensive oh I I don't I don't know no keep in
mind as the as the board that um it's going to trigger other variances um to put a canopy of any type because now if you're connecting the trailer to the building um you have other issues that have to
that that would change usage of building and I would also point out go back to where we started with this with this being a fairly typical installation at a school when this goes in
in I think every school that I've been associated with where we've done modular buildings like this there's not a cover to get to those spaces that the kids are going outside whether they're classroom buildings or whatever that the the programming of that building is is that
they're they're not covered they're they're walking out to those spaces so um you know end of the day this is a typical method of installation if you will thank you
any further questions for Mr nasser all right let's open it up to the public for Mr nasser please ask questions directly related to his testimony go to the back go to the mic hi identify yourself please and give us your address
good evening my name is Marilyn Bernie B E R N Y i live at 507 Suell Avenue uh full-time uh first I just want to say that we love having the schools in the neighborhood um every morning I hear the drums and the cheers going into your
school it's phenomenal so you're making a comment we need a question my question is there was a lot of talk about the electric into the trailer is there going to be a backup generator and if so what would the hours of that running because
I'm concerned with the noise level from a generator there's no generator proposed as part of the application okay and then my next question in relation to the need for the space of this trailer was um I believe it was testified that
the building can hold up to 360 students and now there's 360 this grant that's being used for this trailer which is phenomenal that you've gotten it is there any way to use that grant to take a portion has there been a study is there any way to take a
portion of the interior of the building to make this media center to be incorporated within the building since you're not servicing yet 360 students and would it be possible to service 360 students if the media center if the
grant was used to have the media center housed within the building alleviating the need for the kids to go outside to another classroom that is a terrific question for the applicant answer that question i am not that's why I said for the applicant
that's really a question for Miss Brett yes wait Miss Brett we have to finish with Mr nuser like I said strictly his testimony does anybody in the public strictly have questions for his testimony
okay thank you thank you all right let's bring up Miss Pratt again and then maybe she can answer you want to recall the state i was sting um Denisha Pratt yeah you're being recalled you're still under oath you're fine to answer
the question okay so just regarding the study no study was done in terms of um trying to outfit our building to have the media center because we know that the space that we currently occupy we need all of those locations for the 360
students that we will be at within the next 2 years so there won't be available space to have an additional um to outfit any media center in the space that we currently have okay thank you next witness Mark Liber uh planner
okay sir please raise your right hand we solemnly swear affirm that the testimony you're about to give this m the truth the whole truth and nothing but the truth yes I do please state your name for the record and spell it hi good evening mark with a C liieber l E B E R n A R C yes
liieber is L E B like Brian e R thank you okay mr lieieber whom are you employed i'm with East Point Engineering in Marboro okay you described your profession uh
sure your profession i uh graduated with a bachelor of science degree in civil engineering from JX University i also completed the part-time MBA program at Ruckers Graduate School and was licensed in 2003 as an engineer 2005 as a planner in 2006 I completed the certified
municipal engineering certificate program and in 2007 I was appointed as a member of How Township's planning board i have worked on both the public and private sides of this business uh testified before numerous boards both planning and zoning and I'm a qualified
expert planner in the state of New Jersey yes and it is current in good standing yes okay uh Mr le you please describe the variances uh starting with the use variances that are needed by the applicant here for the application sure
there's two components here one is a D2 variance which is due to an expansion of non-conforming use you heard earlier that the school is a pre-existing legally existing non-conforming use in the zone but this is considered an expansion of that use um so the just to
back up for a second this type of a use is usually associated with either a higher density or intensification of the site use uh and I'm going to discuss during this presentation why that's not a concern for this type of a request
the other variances question was the extent of the variances what yeah um yeah the second variance is that this type of a structure is not permitted on the property amongst other uh any any other book uh there are a couple of
comments about fencing there was a uh design exceptions yeah and the parking as well that's fine okay excellent uh gentleman on the board's 100% correct in fact this is not uncommon for public school to have a need for a modular
classroom structure in this case it's a um media center um so we're not reinventing the wheel here i'm sure we've all seen or at some point during our school age time had classes in this type of a structure i myself did
um regarding the D2 variance for the expansion non-conforming use um and the floor area comment that appears in the report we're not increasing the activity on this property the school is already existing um this is not a freestanding
separate principal use either uh we're not going to trigger the need for additional parking by adding the structure or the need for additional municipal services so I don't see any detriment in granting that use it's more of a technical item in nature
um and frankly looking at the site itself and speaking of site suitability the use already exists on the property there's a building on the corner you heard earlier five stories it's already operating as a school so there's no doubt that this site can accommodate a
school use um you also heard earlier that this structure is needed to address space constraints in the school uh and again that's not uncommon and um I'll explain why this is a very good thing because my opinion is
educating children is probably the most important thing we could do in a society so um when you look at the purposes of zoning which is codified municipal land use law even goal a encourages municipal action to guide the appropriate use of
land which promotes the public health safety morals and welfare certainly the education of children is important in this respect so if this portable media center helps this school do a better job at what they're doing now then 100% this should be built
um in the municipal land there are protections for this type of use this is known as an inherently beneficial use uh and an inherently beneficial use is simply a use that is generally accepted to promote the general welfare of the public um similar to a hospital a school
certainly promotes general welfare and it brings various benefits to the community um again you heard earlier that this is an enhancement to the program that's being offered the education that's available at the
building uh that's a positive now usually humaneous applications come before the board and there's a lot of focus on well what are the negatives it's extremely difficult to find negatives here um and I'll explain why we're not impeding on air light and open
space um in fact this application doesn't even involve anything that constitutes a nuisance we're not increasing traffic there's no impact on storm water management we're not even cutting down any trees this is going in an existing paved asphalt parking lot there's no environmental permitting
required we're not dealing with wetlands we're not in a flood hazard area we're not dealing with stream carters there's really no detriments other than the fact that we're placing a structure in an existing parking lot i did hear the comments about how they're going to get back and forth to the structure uh from
my experience kids are resilient i mean we don't put domes over playgrounds we don't put domes over recess recess areas there's inclement weather walk outside with an umbrella it's 20 ft away from the building they'll be inside this
classroom and then when the uh class is over they'll go back to the the other building so I really don't think that's a concern i think it happens every day everywhere and uh it's not really a zoning issue um as far as promoting the goals of planning
um we certainly are doing something that uh enhances what's being offered at the school which would also fall under the municipal goal municipalities law goal A which was stated earlier um we're providing the adequate
air light and open space as I stated earlier this type of use is located um on Row Avenue which that parking lot is set lower than the parking lot behind u so it's really only visible from the street in front i don't think that's a
major concern um other than that I just don't see any substantial detriment to the public good i don't have any doubt that the property will have an issue accommodating the use we're not increasing any traffic we're
not creating any new uh nuisances or any of that nature uh this is strictly an enhancement to offer really another uh piece of the education at the school you believe it's a minimal intrusion into the master plan andor the zoning
ordinance very minimal can't cover the negative criteria thank you even though it's an inherently beneficial use correct thank you uh anything further uh you'd like to add to your only if there's questions uh you know with the fence I understand the
issue there with the license possible being you know possibly being needed along the front of the property uh it is an existing condition but I I agree with you 100% about the issue yeah standard condition of any approval either planning or zoning is uh if there's an encroachment you have to go to the mayor
and council permission to continue the encroachment i don't think there was any other item um unless you have a question or two does anyone have any questions for Mr liieber
or professionals no anyone in the public for Mr lever's testimony thank you Mr lever thank you i don't have any further witnesses okay i give one other question i'm sorry i don't mean to belabor this but to Mr
lieber no for probably Miss Pratt for Miss Pratt miss Mer oh Mr to to the part the generator the woman in the back generator about the generator yes i know
it doesn't have one but does it have a HVAC yes and what's the noise decibel of that like will it be more than what the building is or no no it'll be I mean it's like a you know it's a like a window unit almost
yeah okay just a large window again facing it's facing into the building and not towards the neighbors just making sure so yeah I mean obviously it would be required and would meet all the state noise code requirements
it's not a big unit but it's not a big unit i know i'm just Yeah um so any anything further Mr just to briefly um anybody want to ask this gentleman a question about what he just testified to
no okay thank you uh no I just want statement yeah I just briefly uh conclude um again based upon the three witnesses I think again the school was a pre-existing use it's been there for quite some time i think it's clear from
the testimony that one uh you know the school doesn't have the space and they're using the opportunity from the federal grant to enhance a library media center instead of walking down to the library and I I think based upon the testimony this is a very positive use of
the school it's going to enhance the education of the children as Mr lieber testified is inherently beneficial uh and we want to do what's best uh for the children we've done things throughout the application and this has been a while a process to do anything possible
to mitigate the negative criteria by moving it closer to the school we will comply as testified with underground wires we striping the basketball court there's going to be no park in that area anything we can do to mitigate the negative criteria as much as possible
make this a positive use uh enhance the quality of education of the school uh as Mr libra said "I also remember going to when I had speech therapy lesson because I used to stutter i went to a trailer uh and my the school to do that." So I have memories of that too as well so it's
very common uh uh to have this uh so I just think based upon all the testimony I would kindly request that uh the application be granted and and I thank uh the board and professionals for your uh questions and uh interest in the application thank you very much thank
you Mr pia i I think we need to open it up though for a general comment from the from the audience anybody who would like to make either a comment in favor or against this application please go to the mic state your name and address for the record i have to have you sworn in
since you're going to actually testify you get four minutes to make your comment oh I'll be much shorter than that again you saw me swear testimony about given this matter the truth truth and nothing but the truth i do once again please restate your name for the record and your address sure it's Marilyn Bernie
507 Su Avenue thank you thank you um so the two requests I guess that comments that I have that might be made to this application is one that there will be no generator uh as a condition and two that
if and when the school ever closes which I do hope it never closes that this trailer be removed because it's all too common that things go out of business in this town or anywhere and they leave their trash and then things become decrepit and they start rusting and they
just sit there forever and ever so those are my only two comments okay thank you anybody else either in favor or against this application please state your name and address for
the record okay please raise your right hand we solemnly swear affirm that the testimony you're about to give in this matter will be the truth the whole truth and nothing but the truth i do please state your name for the record and spell it and give us your address please my name is
Rosio Riano r O C I O R E A N O and my address is 12 Avenue in Aspbury Park thank you okay um well I'm here to represent the parents of the Hope Academy and I have
four daughters three of them just graduated from that school i have one just currently in there in sixth grade and you know when I hear about this library for me it was you know a big a big and a great idea because you know a
lot of kids they wanted get a book or get something in the computer and it's really hard for many parents to bring the kids to the library in Aspbury Park or in another town so I think it's a great opportunity for them to learn
about the library how they work how they have it in there especially the youngest kids do you know that they are not available to go so if they have it one in the campus they will be wonderful and we you know we just asking for the
opportunity to have it in there and like they say it and this one of the concern of the lady this can be mobile you know when the school closed the house never does they can remove it from there maybe bring it in another place where the
school is going to move i mean they can be go with it and the other thing is the space or the other thing that they concerned about you know to the kids they gonna go on the rain or when this is snowing you know I think they're
going to use the same tactics that they use like the races that they going to do inside like it's raining of course they can go outside to play so it's the same thing if they have like 20 minutes for the library so they can go to the
library so they can do something else inside and it's it's all I want to say it thank you thank you thank you thank you anyone else in the public for comment move to close oh wait wait no i think
Does anybody else want to make a comment is who's going to is one person going to speak or all four um you're going to speak yeah I'm going to speak first and then show okay so why don't you raise your right hand you solemnly swear affirm that the testimony you're about to give in this matter be
the truth the whole truth and nothing but the truth i absolutely do okay uh state your name for the record spell it and give us your address please i am My name is Vononaldo Labour that's V A L D
A N O last name Labour l A B O R D and my address is 23 Atkins Avenue Asbury Park New Jersey thank you go right ahead um I just want to say that having this mobile library will help us literacy wise and research wise
and I know that some pe some students aren't uh they don't have the time or they're not able to walk across the street to go to the other library so I think having a library on campus will help greatly with that and uh also there are some students who don't have a
computer at home so they that can pro that can um the library can help them with that as well they can help them have like a device on campus to help them with anything they need like homework research a project if they need for any
other classes that they have thank you thank you thank you thank you you solemnly swear affirm that the testimony you're about to give in this matter be the truth the whole truth and nothing but the truth i do please state your name for the record spell it and tell us your address please estrea
Sandoval e S T R E L L A last name Sandova s A N D O V A L i live in 1513 Bings Avenue i can You think you can speak up a little bit louder estal E S T R E L L A last name S N S A
N D V O L um I think a li a library on the campus will help even though I'm leaving this year I think the C library will help the younger kids especially um for like research papers and projects since they don't have a lot of books i
think and some kids they don't get to walk all the way to the library so especi with with that thank you thank you i can't tell did people hear it might be easier to
hear them um sure they might they might not get picked up on the mic you saw me swear or affirm that the testimony about to give be the truth the whole truth and nothing but the truth i do please state your name for the record spell it and give us your address zoe Martinez z O E
last name M A T I N E Z um 12 D with Asbury Pike New Jersey thank you um I used to go to school there two years ago i really liked they have like a small library but it's abandoned and when I left I know I left a little side
library as my eighth grade graduation gift um I really like that there but I know when I was little the school gave us books i didn't like the books they gave i knew I would always want to go to the library to get a book I knew I liked
if the school has a library I know I don't have to travel as far cuz for me my mom and dad are working nobody could take me to the library and sometimes they didn't trust for me to walk to the library by myself so I know if the school has a library they're like "Oh I
trust for my kid to go from one floor to another there's trusted adults." So I feel like the school having a library expands their education for the little kids cuz they're reading the stuff they know how to read and the stuff they want to learn about and also them having a library also
provides like the little kids let's say kindergarten first grade second grade more opportunities to like oh I know this stuff i want to learn more they could start learning third grade stuff fourth grade stuff fifth grade stuff you know higher education for them we don't
want to like close the education down thank you thank you thank you second anyone else for comment in the public all righty i make a motion to close public comment
second all in favor i vot so let me ask Jack should we first vote on whether this is considered a beneficial use no no schools are pretty much inherent but
this is a library not a school well it's this is it's part of school it's school use the library is a school use it's on school property it's it's pretty much inherited yeah and I have a number of conditions that I wrote down if the board wants me
to give them well I think first we need the deliberation and then we'll decide on the motion it's up to you it's entirely up to you so let's start with the deliberation anybody for comment on the board
comment start to the students thank you i actually asked Chris asked the students to speak and he said no but you took care of it for me anyway like I said a lot of times we need to as adults we need to shut up and
listen to y'all so you told us what you needed okay to Hope Academy you've been around a long time you've done a great service to the community of Asbury Park and just the fact that we see parents here with their children knowing that
this is the children that we're serving hey you've done a great job and I hope you will continue to do a great job okay and then Miss Pratt my fifth grade teacher's name is Miss Pratt but that was 60 something years ago okay but um from my point of view it
would only enhance the education of the young people okay and I'm for enhanced education especially in these turbulent times that we live in with that idiot in the White House yeah I said it okay um so I hope we can
go forward with this i hope that the board votes then let you have what you have asked for but to your lawyer you know I do want to see that that um electrical line underground and I would also like to see a reconfiguration of
the basketball court whatever conditions you will comply with okay thank you um I am also in uh in favor of this application um I've also had the opportunity to get close to the Hope Academy School and um I've always been
impressed with um their uh curriculum and um the students that they are graduating from that property so anything we can do to continue um higher and better education I'm all for anyone else okay hearing no other deliberation uh do
we have a motion i make a motion that we approve Hope Academy with the following changes which will be explained by our esteemed attorney i'll second uh here's what I have gleaned
from comments uh fence encroachments or any other into the city right away need council approval uh circulation plan for the rear parking lot uh will be prepared and submitted to board engineer for review and approval and it will also depict the flow arrows painted on the
lot surface uh the electrical service to be located uh underground okay uh reconfiguration of the basketball court so as not to uh it conflict with the with the proposed modular unit uh two two street
trees to be uh planted along Grand Avenue uh with based on input uh from the shade tree commission for the type and so on uh representation that there's not going to be any exterior generator on the property uh and the other one
might be it's up to you if the school closes uh that the trailer would be removed or modular unit would be removed mhm at the time of closing yeah when it closes yeah that's that's what I have yep
what's wrong hold on oh okay oh okay okay according to planners report on Sul Avenue one additional tree is required uh Monroe
uh two additional trees are required along that frontage and then grand two so it's two two uh and and one so it's five five trees according to the report that's what the report says it's
up to you if that's what you're going to report mr scar are you in agreement there yes we would agree that okay that's what I have so with those conditions they're accurate we got a motion and a second
daniel Harris yes russell Lewis yes jill Potter yes natalie Pasarini yes jj Hall yes chairman Abalone yes approved congratulations thank you thank you very
much can I make a motion to adjurnn the meeting all in favor most All right all right all right