stand al to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> The 48 hour notice is required under the open public meeting act has been met as notice of this meeting was emailed on
January 31st, 2025 and published in the Asbury Park Press, the co-star and the coaster. A copy has been placed on the bulletin board in the burrow office and a copy has been filed with the burough clerk. Uh chair calling >> here, >> Mr. Mayor >> here, >> Mr. Wishbell >> here,
>> Mr. Hernandez is excused this evening. Mayor Detosi >> here, >> uh, Miss Mahoney >> here, >> Mr. Mayor >> here, >> Councilman Diki >> here, >> Miss Harrison here, Mr. Clark >> here, >> Mr. Morgette >> here, >> Miss Ley here, and Mr. Fer >> here. >> Um,
our attorney, Anthony, is running a little bit late. We're just trying to get through our roll call. Um, Mr. Freda will not be with us this evening and Miss Bill will not be with us this evening. We have Jake Burton from their office who is here to answer any questions.
Um and I don't know if you want to make a motion to forego the opening speech. >> Um well, you read my mind so well. Absolutely. Thank you. since there's
there's no public participation tonight um on these two items. So, I'm not going to I'm going to dispense on reading my flag. Okay. >> But I I do want to clarify the credentials of Mr. Burton before we start. >> Of course. >> Um I just wonder you're wearing two
hats, planner management. >> I am. >> All right. That's all I need. >> That's all you need to know. All right. I do I do a little bit of everything. I'm going to ask you. Um, and if anyone is here on the application uh at uh
Lenin Bricks LLC, block 21, lot 12, 502 Ocean Park Avenue. That is not on for tonight. They will be renoticing to anyone within 200 ft. And that possibly will be heard at our October meeting. So, if anyone's here for that, that will
not be on tonight. Uh what we do have uh to lead off is the uh resolution. >> Do you want to handle the minutes first? >> Oh yes, please. >> Okay. >> Um I just did everybody receive a copy of the minutes from our regular meeting of July 17. I know we missed last month,
so it was a while ago and jogging your memory. Um were there any changes, any suggestions, or do we have a motion to adopt? >> Make a motion to >> approve. My second miss.
>> Yes. >> Miss Mahoney. >> Yes. Sorry. >> Council member the first. >> Yes. >> Mr. Wishbo. >> Yes. >> Mr. Mayor. >> Yes. >> Mr. Warnett. >> Yes. >> Miss Ley. >> Yes. >> Mr. Frederick. >> Yes.
>> Um Mr. Mayor. >> Yes. >> And >> yes. >> Thank you. So the next uh item is resolution number 202.5-11 approval of both variances for the de demolition of an existing two family
dwelling and construction of a new 2 and a half story single family room uh Anthony and Ronaldo DeMarco lot 26 lot one 116 at Cave Avenue. Uh I know that this resolution has uh approval has been
reviewed substantially and I do want to thank the board members that did interact um with Mr. Rudo on on those. So does anyone have any questions? >> Quick question. The resolution includes
bification. >> Yes, it was amended from the first one to include. >> Yes. >> Yes. So, I just also want to note for the record since the um I think there was a unanimous vote on
the project itself um in favor of and then the fence we did have some no votes. So, the only people that I'm calling on because the project is going to move forward as a whole um are those that approved the fence as well because
that's included. So, the only people that I'm calling on for the memorialization are those who also were in favor of the fence. >> That Yeah, it's an unusual situation. >> Yes, it is. >> Okay. Um, so I need one of those members that are listed on the agenda um who
were in favor of the fence to make the motion. >> Make a motion. >> Miss Harris, for my second uh Miss Harris, >> yes. >> Mr. Mayor, >> yes. >> Uh, Councilman Diki, >> yes. >> Uh, Mr. Wat, >> yes. >> And Uh Mr. Mayor.
>> Yes. >> Okay. Thank you. >> So then uh being that uh we'll we'll move on because we have Mr. Burton here and we'll have him give us an overview of of what we're taking on here with the consistency review master plan for
ordinance number 2025-27. Uh so if you'd like to lead us in a little overview, Mr. uh with regards to the fence site. >> Uh yeah, well the fact that it is the letter from Miss Bell does reflect that requirements.
>> Yeah. Um I mean obviously from last meeting a couple months ago um with the application, you know, obviously we bifocated, you know, we we had that vote. Um I talked to Christine. Um she basically was confirming that, you know, everything in this resolution is good to
go with our master plan. So she has no comments or anything about that. She she's okay with it. So our office feels comfortable with the resolution. >> Are there any questions from board members? >> Maybe we don't have to wait for Mazuda.
>> So uh would anyone have a a motion on this? I mean I I feel like uh you know the process we go through here is a fluid process. We learn from each application and so uh we have council members here, we have the mayor here who
also uh do the ordinances for the town and you know we're we're instructed to change the document if need be and I think a lot of people didn't realize that you could build a fence in the front yard. Also the ordinance is deficient in covering what type of
fence. So it's not always a Hollywood white picket fence. It could be a galvanized and it's up there for a long time and uh I don't believe that that enhances the value of the properties or could
negatively impact uh a neighbor our job is to avoid conflict but under principles of zoning 40 55-2 uh under the purposes item I is to promote a desirable visual environment through creative development
techniques and good civic design and arrangement. And I believe that uh this ordinance does cover uh the borrow on that. I think looking out for um the residents and maybe seeing a little farther over the horizon um is is is a good thing.
And we have wonderful vistas east and west and you can picture those broken by a board and bat fence or a black fence or a chamber fence. It it ruins the run. So those are my comments. If anyone else
has anything on it. Um if any board members would like to make a motion. >> I I just want so TJ just so I have this um what we're saying is we're not saying there's we're we're essentially prohibiting any type of front yard
offenses. Is that what we're doing? >> Well, that's what the ordinance is doing. That's not what we're doing. Our charge is just to make sure that the ordinance presented by the council um meets the requirements of the master plan and is consistent. That's our That's not our only thing. That's it. Okay. Thanks.
>> Yeah. So, anyone requiring or requesting a fence in the front yard area would have to come in for a variance. >> Understood. >> Yeah. >> So, >> we're not we're not >> changing language. We're not we're just reviewing consistent with the master plan
>> and the master plan. you know, there's several goals and objectives um with regard to revising ordinances on an asated basis and keeping them up to date. Um and this happened to be one of the items that either has been a topic
of discussion or for whatever reason, but they've decided to introduce it. So now it comes to us. We make sure that it's in line with the master plan and then we return it back to council >> and then the council votes on it. >> Yes. >> Yes. And that's why there's no public hearing tonight because there will be a
public hearing at the October council meeting. Um but also in terms of this process. Um again we're all learning together here is that the councils previously have done a number of things through the process of reviewing um the
land use board and the zoning board meetings. Um and the examples that I want to present are swimming pools. Uh we have a situation where developers build a lot to the maximum impervious coverage, but a pool counts in impervious coverage. So now they have to
come in here and spend3 to $5,000 to get advanced. So the council changed swimming pools to say that if it was 4% of your lot size or less, you did not it did not count in previous coverage. And we've had a number of pools installed
now without them. Uh same with the decks on grade. You're allowed up to 5% of the lot size for a deck on grade does not count. Gives people flexibility in terms of not having to come in here and ask for it. And then also the sheds of up to
100 square feet if they're not on a concrete slab and just get a zoning permit and that's it. You don't have to come see us. Previous people had to come in. Oh, I have a shed. I want, you know, I want to put it. Oh, it counts in a perfect cut. So, um, I think this is
just another example of us doing that. I'll leave it up to my colleagues for a motion. >> We are approving the >> You're finding it consistent. >> Is that what you're saying? >> Yes. You're our planner has already
found it consistent. So, we are sending a resolution to the council that will say that we find it consistent with the master. motion planning consistent management. Miss Mahoney, >> yes. >> Missine,
>> yes. >> Mr. Wishba, >> yes. >> Um, Mr. Mayor, >> yes. >> Yes. >> Miss Ley, >> yes. >> Mr. Warette, >> yes. >> Mr. Park, >> yes. >> Uh, Mr. Mayor, >> yes. >> And Cher, >> yes.
>> Okay, so I will um actually Henry, you had prepared a draft um which is standard um for this sort of thing. We did receive the memo from Christine um finding that it was consistent. So assuming that everyone had found it
consistent um it's just a very basic uh resolution that already drafted. So I'll put our vote into that and I'll get everything transmitted over to Erica so that this way they can put it on till the October 7th I believe. Yes. >> Uh council meeting second reading. >> All right. Second second reading for
members of the public or member of the public is before the council on October 7th. I verified that with the code. >> Fantastic. Yeah, we're skipping over uh the application 25-05.
Um do does uh does anyone have any uh new business or old business? >> Are we going to break the half an hour? Yeah, I was going to say this is one for the books. >> Yeah. >> And obviously Christine is not here. Um,
and I don't know. I haven't heard anything about affordable housing. So, I think we should >> I can speak to that for a quick minute. Okay. >> Oh, the status is >> Yeah. I'm basically going to regurgitate exactly what Christine said a couple months ago. Okay. So, um, basically we
put out our fair share plan, right? Um, and then we got a couple comments back from Fair Share. Now, typically we have what you would call a concept meeting before we get those comments from Fair Share. So, those comments are way less when they come in because we've already talked and we put the plan together,
right? So, then they might have a couple boilerplate things after that. So, this time around, um, basically because of the timeline, we put out this fair share plan and then we did that before we could have this concept meeting with fair share. So, they provided us a couple comments here. Um, half of them
are pretty still boilerplate. Um, but they're a little specific. So, now while we're kind of in a standstill, we're waiting for the courts to set up this concept meeting so we can meet with fair share. We can kind of knock off all the boilerplate ones and then come to an agreement for anything that kind of
jumped out at us. So, that was kind of where Christine left off, you know, a couple months ago. That's where we are still right now. Now, we're still waiting for the courts to contact us. They'll reach out to us and they'll reach out to Fair Share, set up a date. We'll be able to sit down with them, address all these comments, and then
we'll be able to revise the plan and get it out basically. So, we're we're still in that standstill. >> We haven't been privy to the comments. Is there >> Yeah, I was just about to ask. So, my office and Ron Coutier serves as their chair council for the burrow. Okay. I
don't know if he's been privy to those, but if you could share them with me, I'll make sure that he has them, too. He would be attending on behalf of the burough council when the court uh does schedule. Okay. >> Is the court scheduling any of these yet, though?
>> They have not yet. So, I think that's why we're kind of in we're waiting. >> Yeah. Well, this this board wants to go forward with review of the ordinances. >> Sure. during this year and get our
opinions to the council so that they can adopt them January and February. They're due in March, >> right? >> So, not that we're going to jump over anyone else, but we don't want any delay in in what the court >> if the court has, you know, a hundred
municipalities to do, it's going to be up to them when they schedule it and we will attend when they schedule it. Sure. We understand there's a >> Are they? >> No, they should. >> Oh, they're probably they may and yeah, that may be good. >> Um, we are u anticipating that March
30th date. >> Sure. >> Don't want to hold up to council. Uh, so that's why we would like to have our ducks in a row by year end. >> Definitely. >> Hand it off to them January 1st. The council would have three months to get it uh submitted and approved by resolution and then um, you know, we'll
go from there. >> Right. >> Yeah. And some of them are ordinances we'll take which will take first and second meeting of the counc uh I I don't have a crystal ball but I would not anticipate um the courts not reaching out to us at that point. I'm sure we
will hear from them in the next couple months have that meeting and hopefully button this up by year's end. >> Um that would be my ideal timeline. Like I said I don't know if that would come to fruition just because we are waiting on them. The ball is in their court. But
um as soon as it it lands in ours, we're going to set up the meeting and and get the comments. >> But Jake, this board wants to do its work >> prior to October, November or no at the latest November, December >> so that the council's ready to go in January. Of course, we're withholding
just like Christine said based upon what Ronier said as well. We need to step back and not touch the ordinances yet until these comments from the pardon. fair share our resolve. So, so share with me. You have my email. You can talk
to him by email. >> I know anything you need from my office. Obviously, you have >> I don't always see Ron because he's in a different office than me. So, I always see him >> to get the update. So, I want to look at that and I will share that with with the
chair and then with Christie in case we need it for our next meeting. Right. So, >> we have kind of have that on a tenative schedule for October. >> Yeah. No, I think so. >> Yeah, I had it listed here. Um because back in July, we said maybe we'd have an update in September. So, we hadn't
agreed to put it back on September. >> Um but we're still kind of >> Yeah. >> Well, I wouldn't be surprised if the various uh county superior courts uh fall behind that the March 30th date may
be extended, >> which would be fine, but you know, we can't act like that's going to happen. We and we're not going to be late. So, >> no, we we have enough pieces in place. I think once we review this >> Yeah. >> we can get it done. I mean I mean right now uh
>> we don't have a lot in the pipeline. So, this is a great time for us to put the energy into it. We'll >> jump on it with our one meeting a month and really out. So, that's >> Yeah. Yeah. No, understood completely. Um, like I said, as as soon as we hear from the courts to, you know, jump at
this opportunity to meet with Fair Share, um, you know, you you'll hear from us right away. >> Okay. >> Sure. >> And I want to just state for the record that these comments are draft comments within the context of the litigation. They're not open public record yet. So
there, you know, in case someone wants to uh open it right now, they are not able to be given out at this time. I will share it with count the mayor and with the chair and assuming things are worked out for October, we can put it on
our agenda. >> Sure. >> Great. Thank you. Thank you very much. Appreciate it. >> Um that being said, um if we have no other business Oh, Chrissy, could you just give us a rundown on the future schedule? >> Sure.
>> I just received a new application um this week. Um they're represented by Mr. Beman. Um right now I have it tenative to be scheduled for our October meeting, but it's with uh Jake now for completeness review. Um if it's deemed complete
obviously, then we'll we'll get everything together, get the additional sets of plans and I'll get it scheduled for October. Uh this one from this evening kind of on the fence. We don't know if it's going to be ready for October, if it's going to need a meeting in October. We're we're kind of don't know what's going on with that right
now. And and so for the board's edification, and I kind of kept Christy and our chair in the loop for what I was doing, uh I I've been assisting the attorney and he in turn is speaking with his applicant. This is on the matter of
uh flipping breaks, block 21, lot 12, which is not on was on the agenda to be announced that we're not doing it tonight. any members of the public. They got notice, but the notice is defective and the application was semi withdrawn
or rather put on hold for engineering and planning review because they're revising things in their application. They missed some some um significant uh variances. So with their notice that
they sent did not include the appropriate variances. So whatever was in the notice unless they I'm working with them to see what they going to end up with if they >> they may completely
comply with our ordinances and not have to come to the board for variance. that would then be um uh strictly proceeding with a construction permit or they may come to us >> with
not so significant variances as what we have discovered since their filing. So that's all on hold. A lot of that again is is sort of in draft form and not operable in in certain aspects. I've
been in touch with Matt Dardy and of course I have reviewed the um construction official report uh file and the zoning officer file as well to get myself up to speed on where we are with that. And I'm confident that things are
going to be worked out appropriately for both the burrow and this board. >> So we'll and if that may also be on o the to October >> it may be October 16th >> 16th. Can you tell me also the address for the beaten matter to new matter? Do you know it?
>> 615th Avenue. >> Okay, great. Thank you. >> And um there's still one other applicate actually two other applications. Um one they were deemed incomplete back in
March. I I know there were some health issues and and things of that nature. They are per se. So I don't really know that they know what they're doing. Um, I've spoken to him a couple of times, so I don't know what's going on with that. >> Is that skip stream or something?
>> Okay. >> Nope. That one is just, that one is on hold hold until um they reach out to me and I have, you know, uh, email documentation from the the owner or one of the representatives of the skip stream.
>> Y >> um, and then there was on one other one we had heard it once before. It was denied. it's coming back with a revised plan. Um he was also I mean his application has been sitting since 2023.
Um it was incomplete. Um it wasn't the right application. He resubmitted in February of 24 was deemed incomplete in March. received the third submission in June with the third attorney. Um and
that was also deemed incomplete um in August and so I haven't heard from them either. This is a unusual that we have we have three matters that you're saying are kind of >> three that are kind of well technically
four that are kind of floating because we got flipping bricks, we have 423 and a half mammoth, we have 510 park plates, we have um the other one, the the skit stream. >> Yeah. >> Um >> because at a certain point we're holding
their money and we don't have an approved application to go forward. And something's got to be bring them to a head, you know, at some point. I mean, yeah, they could proceed forever. >> And the one for for 423 Mammoth, we reviewed it so many times. I had to ask
him for an escro replenishment. And he cut me a check. >> Yeah. >> And >> and he's like, "Oh, when can we get on the agenda?" I'm like, "When you finish addressing the rest of the stuff that was sent to your attorney." >> Yeah. Okay. >> Um, so but again, he's he changed
attorneys three different times, and I don't know why. So like you know, so by the time the attorney gets up to speed and you know what I mean? >> Yeah. Yeah. >> Um but yeah, so as of right now, >> it'll be our luck that they'll all come on in December, right? >> We don't want to have a long year
period. >> And again, for the record, none of the restaurants have applied for their outdoor seating. >> Yeah. So, >> well, they use the governor's uh the governor's exemption. >> So, so that's that's a you know, we're a
home rule state. It's our home, but you know, the governor overrode us >> and that really is not fair. But >> that's what they did. >> Can I ask a question about going back to the flip? You said it was there was a problem with the notice. >> Yes. >> So when during the review for
completeness, is there a review of the letter that goes out? >> Um, well, I checked the notice. This was an unusual situation this case. Okay. And there are some problems underlying uh with them uh and our the interaction
of the applicant and the applicant's architect with our construction and zoning offices. So there's some issues on all around. I reviewed the notice because we were originally asked to put it on in September and once the notice
was defected there was no way they could go forward to that. In the meantime, Jake of course reviewed for completeness and issued a incomplete because they're missing the plaque. They have no engineering uh certification. They don't
need an engineering certification, but they need a plaque. Architect can sign it. uh we needed uh things that they didn't calculate and include and plus they've not paid the appropriate fees for the the uh zoning variances that
Jake and I both sort of looked at. So it was we we and Christy checks the notice initially for appropriateness. She calls me when there's any issue. This one was something that needed some hands-on because of the the background issues and
uh obviously we are not we are requiring new notice for the October because the other one was defected. So, whatever they do, if they're coming back in October, they're going to have to do 10 days ahead of time and they're going to have to file
appropriately and I will interact with the building department because there is a stop work order on that, a partial stop work order on that. So the building department at some point is going to say you're all done with everything except
what was uh specifically prohibited from going forward and assuming they revise to have zero variances then they won't come to us. They can go back to the building department and I would on behalf of the board communicate
officially to the building department that there are no variances and you know Jake will work with me. There are no variances from our perspective. This matter can be completed in the building department or they may come here and ask you for variances but they have to do
new notes. So it was really incompleteness that kicked them off this agenda but there also was an issue about the notice. If the notice was perfect, I could have said to the public this will
be heard on October. Did they get on the agenda even before they're being completely? >> Not normally. >> Not normally. This was not normal. >> It was un normal related. >> It was hopping and jumping like a bunny
rabbit to us in a unusual manner. >> Yes. I got a phone call from the attorney telling me that he is on my agenda. >> Yes. >> And I've already done the notice. >> Yeah. So, so since the notice went out and people were were delivered the mail,
certified mail, um we didn't want them to come in here. So, that's why it was on the agenda with the red line saying it wasn't going to be heard. >> I was hoping to catch members of that's why the agenda went out late because we really didn't have all that much of an agenda, but I wanted to make sure that I either was going to put that note on
there or was not going to put that note out because I knew that that notice had already gone out. Yeah. >> So, those people were already notified that hey, it's >> Did you get any calls? >> I did not. I don't >> we had two two ladies show up >> just because they're not computer savvy and they didn't check and >> and they were told they'll get a new
notice. >> So, well, I told them I wasn't sure how it was going to work. I didn't want to promise them that it was going to be on the October meeting because they might not need a meeting, >> right? >> So, I gave them my business card, told them to call me and I said, "Get call me like the week before. We'll know what's going on if they're going to be in on October."
>> Okay. Thank you. I know I was late, so I apologize, but that that's good to get the update. No, that that's great because organizationally there's a lot going on at busy does Jake's office does. So there's a lot of moving parts till they get here and you know happy to share how the process
works with everybody and uh know what's ahead of us. Hopefully we get these five applications done by the end of the year. I mean once they're deemed complete we have 120 days to hear the case. So that's get into for us that should not >> Yeah. >> No, right now they're all either in I
have one that's pending completeness. The other ones were deemed incomplete and I'm just waiting on resubmission. Really? >> Yeah. >> But at a certain point they get all dep crusty. >> You know what are new what if there are new ordinances that are that have changed things since they were declared incomplete? Then that creates a whole
legal issue too. >> I thought it was from date of submission. Yes. >> But they're unfairly >> I get it. You know I get it. >> Let's say can we dismiss them for failure to execute? there there is a lack of prosecution provision in the MLU now.
>> So I can take a look at it >> because then we can just refund whatever's remaining in escrow and they'll have to start all over again. But they do lose their application. >> I would need to work with you and look at all four of those matters because I'm sure they all don't they're not all going to be exactly the same. But there
is a lack of >> Oh, there's more that I just I haven't even they were like from five years ago, but I just I they're not even on my list anymore. >> Yeah. Yeah. Yeah. Okay, >> great. Thanks. Thank you so much for the update. Y we have no further business. Any other
>> Well, I just want to say one thing because I was late. I do want to uh tell Jim Wishbo, thank you for assisting in the resolution that we did for um Jeff Beman's uh client. Which one was that? Uh McCabe Avenue. >> Yeah, Marco.
>> So, I appreciate your help. He picked up something that was important that I had not included in the conditions and condition number four and it was important to the burrow that that get right. So he and I had some contact back and forth. Jerry Freda helped on that
one as well. So thank you. We're a good we're a good working team that we have. >> You know I don't always get that with my boards. You know, sometimes I don't get to talk to the board secretary or the board planner and you know, we all come here and we're all in the dark.
>> No, we're working together. >> So, does anyone have a motion to close the meeting? >> Motion to second. >> All in favor? >> Thank you.
>> Pleasure. Thank you all. [Music] California. >> You know, I ran the [Music] >> I ran it with my 8-year-old. We were a little further behind. >> Okay. I I saw it, but I didn't rather be ch I didn't see you though.
>> Yeah, we ran by. >> I'll tell you what's the >> So light out. >> I looked at my old times 2015. >> 22. >> Oh my god, that's good. >> That's how out of shape I've become in my years.
>> Oh my god. So it's crazy. with pressure.