thanks for coming it's always nice here uh the red planning board will come to order this 12th day of February time is 7:03 p.m. notice this meeting is being held in accordance with the public laws of 1975 chapter 231 and adequate notice of this meeting
has been provided by a notice sent to G Park Press and the two of her times posted in the main lobby of this building as well as the municipal website because could we have a roll call please mayor Portman here darl Thomas wsh
pres councilwoman Christina bis hereo here louo here Barbara Boz here Megan Massie Wilson BB here Hernandez
abent Fred Stone here and Brian carigan together yeah we've got a couple of administrative things through the January 8th regular meeting minutes does anyone have any additions or changes or would someone like to make a motion to
approve the January 8 regular meeting minutes so moov we have a second second all in favor I I next up we have resolutions of our professionals our board attorney engineer and our conflict engineer we'll group all of those three
together does anyone have a motion to approve those three resolutions I me make that motion I'll second it all in favor I and then we have the resolution amending the master plan to include the environmental resources
inventory that we talked about at the last meeting I'll move that a second that May Portman he wasn't here um Thomas Welsh
yesr bakus yeso yes D was in here Barbara Bois yes wson B yes and fredstone yes okay we F public hearing tonight it's a non- condemnation
area in need of Redevelopment study that our planner bfj planning has U conducted the governing body of the burrow adopted a resolution authorizing us to undertake a preliminary investigation of these properties welcome back
Susan thank you I just bring it real closely okay great so you all may be wondering why are we're here or didn't we just do this about a year ago but 10 months ago um we are here to look at additional properties that the bur Council has
authorized you to uh determine if they should be added to the existing Redevelopment designation area that this board recommended uh in April of last year so I'm going to take you through it's very short presentation we have essentially done the same study that we did um about a year ago almost a year
ago on these additional properties um the the idea would be that if this board determines that they are eligible for designation uh for redevelopment Council would likely accept that that designation add them to the existing study area and add them to the existing
Redevelopment area that would then be brought into the which is currently being drafted so you're not here to look at any plan it's really just the additional six parcels and Susan Ju Just to be clear so that the public understands this has no bearing on the
study already adopted and any designations that have already taking place so that's not up for redate it's not before the board this evening the only thing that's up to are the are these property than only these properties
okay so just quick way background um um I think this board is very familiar with the planning around the train station area um there's a long history of recommendations from the BAU of planning documents the master plan and others that looks at transit or
development and is really recommending the B facilitate that Transit Orient development in particular the recent 2023 master plan um specifically recommended using the Redevelopment tool as a way to get at some trans Orin development and working with New Jersey
Transit and their designated developer on that process so that process is a direct implementation of the master plan and it was started about a year ago as I mentioned um just as a way of recap the burough Council directed you the planning board in December of last year
sorry December 2023 to conduct the first preliminary investigation on a series of properties around the train station you did that we brought it a study for that you made that recommendation to the burough Council governing body u in April of 2024 that those Parcels did
meet that qualification or the criteria for redevelopment and then subsequently the burrow began the process of a Redevelopment plan as you all know that process has been ongoing since the spring of last year there were two public Workshops the plan is in works and so as part of that development of
the Redevelopment plan it was found that there were six Parcels that really should have been in the original designation study they are all owned by New Jersey Transit they are Parcels that as further riew occurred and further work by the developer they really were
determined that they're needed um to facilitate the development that has already been presented to the public in the workshop most recently in that's November or December um so everything that the public has already seen um is
not changing um adding these Parcels if this board makes that recommendation and the bral council accepts it adding those to the existing designation would not at all change the scale of what's currently envisioned it really would just allow that to happen it's kind of a cleanup more than anything else would have been
better to have caught them early on and have them in from the beginning but it's better to have it now and look at these comprehensively as part of the overall Redevelopment then do a Redevelopment plan have to add them back later so it's a good catch um I'm glad that it happened now and we're looking at it we
are going through all of the requirments that were needed to do this Redevelopment study designation study but it's really as I said more of a clean up on something that should have probably happened earlier on um so I going to go through that we we the next slide um we looked at all the criteria
that are required by the state in order to make a designation for redevelopment the same requirements that we did about a yearo but just for these specific six properties so as a means of overview on this study area um it's about 13 acres of
additional property that is being looked at um if you see on the map everything in blue are the new Parcels everything in red is what has already been designated as your attorney mentioned that is not you reopened it's not subject to change that designation exists uh and the Reel plan is already
underway for those red Parcels blue Parcels are six idual properties and all owned by New Jersey Transit it's essentially the rail right of way three different Lots but it's it's all the rail um and then the rail yard itself so we we kind of captured half the rail
yard but the property line kind of goes down the middle um so it's really the rest of the New Jersey Transit Rail Yard there's actually two tiny tiny triangular properties that are less than a tenth of an acre um that are within that so that's what makes the six um so
the the zoning as with the overall are it's a mix of your two business zones your downtown zones um your heavier industrial Zone that's for the rail yard property and then a portion of the study area is within that train station overlay District so same zoning as the
overall designation area that hasn't changed um just a couple other Quick Maps on land use and and the zoning the L use is exclusively for these six properties exclusively rail related so it's the train station
right away itself the actual platform again the rail yard a little bit of U the commuter parking that wasn't previously captured all again related to the railroad specifically and then just in terms of what the conditions are like you are
supposed to look lot by lot and we did um and they do vary by these six Lots um I would say they're largely similar to the designation area that already exists unlike that designation area there are no buildings really the um the train station building the historic train
station building was previously captured in the existing destination so these are infrastructure properties um the conditions for for the use for the railroad related use the conditions are pretty good um they're not heavily deteriorated they are serving that rail
function um there are some you know some issues with drainage that we are aware of there's a lot of impervious coverage it really does contribute to the overall impervious nature of this area heat island effect that we talked about before there is very limited
Landscaping of green space on these properties it's really 100% impious there's some maintenance needed as there is really with any kind of infrastructure even on the platform itself there's there's evidence of some Rust the um the rail yard property it probably needs the most to work I know
New Jersey Transit actually has some plans to upgrade the portions of that property that will remain as a rail yard so there are some improvements there that property is also characteriz by this retention Basin which half of it is in designation areas that have already
occurred the other half is is on one of these these Parcels that doesn't seem to be serving any purpose this retention Basin it's really an eyesore at this point it's not not doing anything in terms of drainage it's a real impediment for any kind of future use of that property so that's
kind of a very over I'm sorry which which which which one are you speaking of the one closer to Chestnut the retention basin um it's the one if you want to go back to the study area now so I know it's a little hard to see
um it's it's kind of Midway in that map and you can see that the red line goes right down the middle of that retention Basin um the on the left hand side is in a partiel that was already designated and then it's the right hand side the blue that has not been
designated and the developer as was shared at the public Workshop doesn't tend to to fill that basin and actually use a portion of that property for for actual development between Herbert and Leonard on yeah there's two of them there use
your mics okay no there's two there's two there and one of them was always full I don't know what happened to the one I'm referring to is as you go in to your left before you get to the first trailer there I think it's split by the tracks
right okay there there's a second one this is all on the west side of the tracks okay just also that's the big one right Susan it's large right the entr where there's a
gate can enter it's just on that gate I also should have mentioned at the top of presentation that New Jersey Transit has full support giving their full support to this designation and the study of these additional six properties they have issued correspondents to the
buau that they have no issue with these properties being considered in a Redevelopment plan as long as they obviously have their their rights to continue with the transit um use and that would would be the case um really the developers intent would be to as part of a site plan application which
would occur after Redevelopment plan approval as far that site plan they would come in also with subdivision that would basically carve out the non-transit uses pars to allow themselves to to have the development potential and I think it's really a lot
of it these six properties is really just to provide some flexibility and make sure that they're not approaching on New Jersey transit property so again ofenders that any other questions about just the
overall conditions things that are happening on these properties these are just a few pictures um I mean obviously it's a railroad it's going to continue to be a railroad um that is not going to change and the same is the case for the rail yard itself I know that was a question that came up in the first public Workshop there were
some kind of excited by the prospect potentially of there not being a rail yard and what you could do there but we we made very clear from the beginning that this will continue to be a New Jersey Transit Rail Yard it's important for their operations to the region as well so really no
change is projected or anticipated on any of the rail operations and again no change to the overall scope of this this Redevelopment project so I know these are a lot of words that no one can see but if you recall from the previous designation
study there are eight criteria that the municipal landage law lays out when you are looking at redevelop designation and you need to meet um you know a good amount of these in order to to make that case that these properties qualify um so the first one is that the buildings has
buildings that are unsafe substandard dilapidated obsolescent um the second one um criteria B is is really about discontinuance or abandonment of uses or buildings or that they fallen into such disrepair that they're
untable criteria C is publicly owned land or otherwise approved land that's vacant for a period of time it's unlikely to redevelop on its own without use of the Redevelopment tool criteria D is similar to a but it's areas that contain buildings or improvements that
are delapidated obsolete overcrowded or otherwise delious less about the buildings themselves more about the overall properties and sites criteria e is underutilized properties caused by condition of title ownership other conditions that really
are causing them to bow um criteria f is Parcels greater than five acres that have improvements that have been destroyed by natural disaster or fire that's obviously not the case here or other casualty um criteria Key
Properties in an Urban Enterprise Zone designation also not applicable here red bank and then lastly criteria AG that the property is consistent with smart with planning principles so we did go through each of these six Parcels we tested them against these criteria and
um there are other considerations too though uh on the next slide there is this section three of the local housing local we development housing law that does have this stipulation that um some properties may not need to meet all those these eight criteria they don't
need to meet those statutory criteria if they can be shown to be really required for the overall development of property so there may be properties um and sites that are kind of on periphery that don't themselves meet these criteria but really are necessary to be included as
part of a holistic comprehensive Redevelopment and then the last thing to not is that um Criterion H which is a smart growth criteria um that is a a newer addition to the lrhl and best practices know you don't really want to hang your hat completely on that one you
want to make sure that you were meeting some other criteria as well so these are things that kept in mind and we looked at the criteria so actually you want look to the table SE table it's probably easier to see um so none of them meet
ver criteria a which is really dilapidated buildings um there are not really any buildings on these properties I think as I said they are serving their function as a Transit use conditions are are reasonably good for that use um B is the
discontinuance or abandonment notable here these are all being used for Transit they will continue to be used now criteria C we believe all of the plots here meet that criteria that if you recall is the publicly owned land that is not likely to be developed on
its own without redeveloping as a school well clearly these are new New Jersey Transit owned properties um in the absence of any Redevelopment they would continue to be New Jersey Transit owned and operated um nothing would likely be happening under traditional zoning
because these are these are clearly Transit properties so um that really does apply to all the properties and then there's a as I mentioned before there's two very very small triangular properties one is sort of on the rail yard side and the other AB buts an an
existing Comm lot um you would never know from the conditions on the ground that those were separate Lots they're they're tiny tiny triangular Lots they don't have access on their own they would never develop on their own they're notable and they have no again Road access so those two properties for those
reasons also meet the public land criteria criteria c um D is obsolete dilapidated buildings or sites there are three Parcels that we believe meet that um these are all kind of related to the
rail yard so um there are two block 75 blocks 104 and 172 um these contain part of a community lot we established in the first designation study that these parking lots and there's case law that supports
this parking lots of substantial impervious coverage that are just sort of Acres of parking around a train station are are an obsolete land use they're not they're not the best highest and best use around the transit facility so those two Parcels um that are those
parking lots for the same reasons that we've established in a previous study we believe they do meet that criteria deed uh and then there are two additional Parcels block 75 blocks 104 and 104.1 these are the rail some of the rail yard
properties um and I think hopefully we establish in this study as well as the previous one that the rail yard is in active use it's going to continue to be in active use but its Arrangement is pretty faulty um it's inefficient it takes up a huge amount of space a lot of that is for parking inefficient storage
space there's this retention Pond that doesn't seem to be serving any kind of engineering function um so it is an obsolete arrangement of that site even though the use is active and will continue to be active I think that's a clear meeting of Criterion
D Criterion e is underutilized or stagnant property that's it's not being used that's not applicable here this is all being used as we noted f and g as I mentioned are not applicable f is natural disaster damage and G is an
Urban Enterprise Zone Red Bank is not an abz so those are not applicable the only other of the eight criteria that is met by most of the properties is that smart growth smart growth criteria if you recall from the master plan um there was
an area that was designated or shown um as a Transit oriented Development Area it's I remember it was in pink um and that was the area that was really highlighted and recommended that this is where you should be working with New Jersey Transit you should be working through the Redevelopment process um it
included almost all of the study area Parcels it just didn't include a couple of the rail yard properties including the rail yard itself the Rev line um so we don't think you can as clearly made that case that it meets the smart growth criteria everything else was designated in the master plan in that Transit
oriented area so as you see you may not be able to see the X's um you know all of them all these properties have at least two of the eight criteria and then they all also do meet that section three criteria which is the additional
provision in in local housing law that provides for the ability to include properties that maybe don't meet that threshold themselves need to be brought into the overall Redevelopment plan so um we think that it's very clear that there are multiple criteria that are met
by each of these six Parcels so it's our recommendation that this board consider adding them or making a recommendation to B Council that they be added to the existing designation just a quick next steps and then having to answer questions from the
board or the public um in terms of where we go from here we have been actively working on the Redevelopment plan um as Sha knows we've been coordinating with the developer since the um since the public Workshop in the late all um so we are getting close to actually being finished with the Redevelopment plan um
but the next steps for this process itself would be you would make a recommendation if you you agree to the Bal Council that they would designate these areas as meeting the criteria as as being a Redevelopment area we would simply add these partials to the work
that's already being done in the Redevelopment plan um and that plan as I said is is pretty close to completion we expect to be able to submit to the borrow pretty soon um and anticipate with sha on that the public hearings of this body would be probably March likely
and then if you were comfortable with the Redevelopment plan um after those public hearings um it would essentially go to the Bor Council for adoption as a govering body that would complete the Redevelopment process only then could the developer then come in to you with
site plan and subdivision application that would go through its own public process as well so we're getting closer to the end of the Redevelopment process we not at the end of this development process with this developer so it's sort of the middle of the process and certainly much more opportunity for
public anding by the board have any questions for Susan yeah Susan could you just restate that timeline again please and the elements of that so uh if you agree with this designation study tonight you would make
a recommendation to the Bor Council they add these six Parcels to the existing Redevelopment area then we would proceed with the completing Redevelopment plan for both the previous designation and these six Parcels the entire area that plan will be submitted to you and likely
have public hearings on it in March these two and then if you're satisfied with the Redevelopment plan with public common as well basically send that to World Council they would then consider it there public caring for them as well so they would then be the ones to adopt
the Redevelopment plan after the redevelop Redevelopment plan is in place it's really the timeline as on the developer at that point but when they're ready they would come to you they would submit a site plan and subdivision application and then go through that usual process that you would typically
see for S plan application with the plane again public comments on that as well hearing on that side plan got follow yeah when we uh send our Redevelopment plan to the
council for ratification appr um what what are the primary elements of that plan is it density that sort of thing so one of the benefits of Redevelopment plan as opposed to regular zoning is it does does get at all of your usual area
bulk Provisions density setbacks coverage height those basic parameters but it also gets into design and it can get fairly specific and that's really why we had the public workshops and why we brought on an architect firm arur firm to help us with
the overall massing Des even just consideration of the public space as well there's a lot of public amenities proposed as part of this process there's a shared Street there's preservation of the train station building there's a whole public Plaza those kind of things
you really can't get at with regular zoning so a Redevelopment plan is going to be able to look at them holistically make make requirements make guidelines for things like how much public space there is how that public space treated and how accessible it is to public truly
um all of those things that Redevelopment plan so it gets into a lot more specifics than normal even though it also Bas thank you anyone else from the board anyone from the public have a question for Susan regarding her
presentation you're welcome to come up Susan you may have to share your mic though just because One mic now nobody okay does anyone from the board have any there is somebody just you use you can grab that if you
want so funny to talk to her but I have a Mone I'm standing right next to sorry Anthony sataro 135-137 Street um also on historic preservation it's not coming from the this was just
my questions um I guess one of the questions now we're adding properties that are the actual platforms The Crossings all that stuff
is now included um and you mentioned some things about I guess fixing rust and different you know things on the platforms this is really it's a Once in a 130e opportunity to make sure that the
crossings the train bridge things that you never get an opportunity to fix if you're now including them in a Redevelopment study I know it's crazy talk and could delay a project or you know cost a lot of money
but I was curious if you had been in communication with the north Jersey Transportation Planning Authority without any of this these plans Anthony do you mean the bridge on the train to Trestle at West Front
Street new new Trans has made it very clear they want absolutely nothing to do with touching that as much as we' like it so the people yeah yeah like the governor yeah the nor
Transportation I'm withj and talked with them as part of this study because they don't really have jurisdiction over this property it's insur Transit so we could certainly include in the Redevelopment plan that there's a recommendation that Ur the transit itself actually do some
upgrades on on the platform within this area we can't really dictate what they do Elsewhere on their properties Elsewhere for example Brig or other rights of way but we certainly include that in the Redevelopment plan it's kind of going to be on them and not or maybe
they'll get the developer to pay for it um that's kind of between the YY Transit and the developer um but it is an opportunity as you said to improve this infrastructure I don't think and we haven't seen the final setbacks but the proposal by the developer really should not affect the actual platforms at all
it's really just as I understand their shared street that they had shown previously at the public Workshop that encroached just a little bit as you get closer to platforms but not the platforms itself so they really just wanted to make sure that they had the room that they needed to get the access and publics within the platforms
themselves the developers will be and and certainly themselves but yeah we can we can add recognation that guidance that newor and Transit should upgrade as needed that certainly be part of this study
area I was on the zoom call a couple weeks ago um with the north Jersey Transportation Planning Authority had a zoom call about this I was on it did breakout sessions with the directors of it this is absolutely something they
would get involved in I talked in depth about it they said it's bigger than a Red Bank project of course they have to get the county involved but this is exactly who you talk to this is exactly who can help move the needle and force
people that normally say no because they funded their three billion annually that they give that's that's my thank you thank you we'll be in sure to we'll be sure to send it to them and New Jersey
sure then pick it pick it up Mar you pick it you can pick it up or you can sit down M 95 Hudson Avenue um I'm not quite sure why this design a is necessary for the New Jersey transit property because
they've already picked their developer who's already uh presented his plan and also a good part of this property lies within the train overl lay
Zone which already has increased density so let me just let me let me TR in so this board does not have jurisdiction to question the wisdom of whether these properties make sense to be designated that's not the role of this
board but that's what you're that's what you're saying all you you can add what is your question what benefit is this designation okay and and again so so you are asking what is the benefit what is the wisdom and this board does not do that we have no we have no control over
that the council has asked this board to find out whether these properties meet the criteria that's not a question of a positive criteria like this is the greatest thing ever that's not the role the only thing we do is exactly what Susan just went through is whether these
properties meet the criteria that that she went over and this board has to make a decision whether they do or they don't the board could the board could say we think this is the dumbest idea I'm not saying they're saying that because they're probably not but the board could say this the dumbest idea we're completely against this Redevelopment
that's not their role their role is purely to act as a judge to determine whether or not it meets the criteria and that's it nothing else all right so I'm just trying to clarify in my mind this process because it's a long process and
it's quite complicated and um when I listen to Susan speaking about because I'm very much looking forward to seeing what is it bfj I keep getting the letters mixed up um is going to come up
with but when I'm listening to you speak I mean is your role just to basically rubber stamp what's already been presented by the developer no so we or is there the potential that we're going to see
something that's substantially different so so that's not even before the board tonight her only role here tonight is to evaluate these properties which the council asked the planning board to do and the planning board has asked her to prepare this report that's the only thing we're here for tonight so
whatever's whatever's going on with the redevelopers is not before the board the board has no idea what's going on with the redeveloper it's irrelevant to tonight's conversation Mr BB asked a question about the process so I'm just asking a question about the process and
it's I feel like the information that's being presented to the public is quite confusing for a lot of people and I would really like everyone should be well informed as we move forward so I think the only question about the
process was was what happens next so I think as Susan said the next step is the board decides that these properties do meet the Des do meet the criteria they're going to adopt the report they don't have a choice unless they find that it does meet the criteria and then they can say no assuming they say yes
it's going to go to council council's then going to make the final determination as to whether to designate these properties as areas of needed Redevelopment they don't have to the board could say we meets the Criterion the council could still say no so it's up to the council at that point at that point assuming that everything has been
put together and that that that everything is considered areas of need Redevelopment and we already know the vast majority of this of these properties have been these are just adults at some point there's going to be a Redevelopment plan presented yes I'm looking forward and that's when you're
going to get everything you were talking about that is going to come before this board and the board's going to have public hearings on the Redevelopment plan itself and Susan said the possib the probability is that that's going to be in March I don't know if it is or isn't but but if it is that will be an
open meeting public can come in and that's when you're going to see everything the board tonight board has not seen anything which I think is what props Mr BB's question because I'm not putting words in his mouth but I'm assuming that's why you're asking because the board hasn't seen anything and that's when you're going to see it
board's going to see it all in public hearing for the first time that's when be presented that's not even what's going to be built that's just just a Redevelopment plan correct then the developer makes an application does a site plan comes in and does a normal
application like someone wants to build a building we don't know when that's going to be because it's on their time but it's my understanding and and I know you want to just move it on to the to this criteria but it's my understanding
that what will come from the plan is actually the zoning ordinances that are going to set the limits for density or height corre understanding is correct that's correct it's a little bit so once
you approve the plan as long as the developer meets the criteria set in the plan then it's going to be approved so then the question is the plan it's not it's not not that's not entirely true so
I've done this for a long time I I I've seen these go through you are correct that it's said that when the plan adopted which is not before the board tonight so so so we're so we're jumping ahead it's fine so really where the public can really be heard in this the
public gets heard when when the plan comes before the board you're going to have an opportunity to be heard all right and and you're right if if if the plan is approved exactly as it comes before the board or whatever goes before the board it's eventually going to go back to the council and assuming the
council adopts it Redevelopment the Redevelopment plan not the plan for development not the buildings totally separate things but yes I get it I get it but then what she's what what she what she's saying is she's not
completely off base so what would then be adopted by Council would set the zoning okay that would be the plan the plan is adopted so then what the whole idea is typically is the applicant will come in and design a and design a project that's going to meet the
parameters within the plan so that it's variance free which would be nice which would be nice it almost never happens all right invariably the applicants usually come in and they have some even though they were involved presumably in the creation of the plan which Susan has
said and variably once the plan is adopted they still come in and they still ask for changes and just because you meet the all the ordinance criteria has nothing to do with the site plan so I have seen it on many many occasions where the applicant will come in they have basically a 90% variance free
application and the board still says well the site plan doesn't work the way it is going the way you've designed it so you're going to have to change something and again those hearings the site plan application hearings again a second bite at the Apple for the public to come in and comment on it so the
Public's very involved in all those aspects everything's open to the public everything is transparent it's just tonight none of that is before the board tonight and I just don't want to confuse anyone and think that we're talking about those type of things I think there is a lot of Confusion And I would hope
that there would be more clarification coming through because there have been things that have been appearing um that have called this the plan and you know it's I know it's not the plan I know it's the designation for
this area in need of Redevelopment but that designation and this is not the designation of the area need this is this is finding that the study that these properties meet the criteria there will be a public hearing before the council because when they when they when they open this whether to
designate it or not that the council will have a will have a meeting and they'll decide and the public will have an opportunity to stand up at that meeting and say hey I don't think you should do this despite the fact it meets the criteria if that's how you feel or they'll get up and be able to say this is a great idea you should approve it
and we're only here because there were some properties missed right when this was all initially put together and if you look at the blue properties on the TV screen they obviously should have been included originally there are a chunk there there are another it's it's
the actual train tracks all the way on the left not the freight line the passenger train that comes to Maple and Broad and then the whole Center section not that I I think there's going to be any buildings built right there but they
should all be included so that we can look at the whole site Never Say Never so you never know I've been surprised before but thank thank you for your time yes you Dan I have Point I've even seen 100% variance
pre applications get nudged by Boards and the public to to make changes so yeah just like any site plan application there will be opportuni for this board and the public to to have further inut so the transit is saying regarding the one retention Pond which is mostly
dry all the time so this board is not because you're saying they're saying that and this board does tonight doesn't mean that that can't be Revisited if it needed to be depending on what they're going to put there as a right of way for the lateral for the waste from bobman
because that runs through there right we don't own the property we don't own the property but but as far that would all be on a site plan okay I'm asking so just because we're saying that now yes the engineers and the professionals will have that so we're not talking about five years from now having more
water on Herbert street or behind the burrow garage putting holes through the laterals you're 100% right and as Dan just said it's all going to come back here for a prop the same site plan you see on every other application is going to have to come here their their Engineers got to work on it then our Engineers got to review it and we can
take all of those things you just mentioned into account when that's happening that's the time where we want to make sure there won't be flooding on neighboring property 100% in the study or even the Redevelopment plan is going to bind you and the burrow to accepting
an application that doesn't work perspective all of those things will be fully reviewed entering site plan you're always going to have a normal site plan hearing with notice to the public is the same way you do any other application that's ever come before the board I was
only asking because of the the fact that that retention Pond might not be in their plan to the Public's listening to that like I am right that's all the question it's a normal thing but normally it only comes before if there's
a if it requires a waiver or something right a site plan no site plans come even when there's no variances whatsoever no waivers whatsoever you always see site plan applications nothing like nothing this big could get without without coming to a planning board yeah I mean if
someone has a plan and it it satisfies all criteria it it still comes before this board for site plan review any for single family except for single family right obviously that would not come here but but any commercial application it's
it's I think what you probably have seen is that n9ine out of 10 applications have some sort of variance so so if you just assume that but a completely variance free application still has to come here for site plan approval anyone else from the public
have any comments or questions sir Dan we got you out of the house I'm incredibly impressed thank you for coming I do love it when people come you can sit over there and talk to
the mic please no I'm I'm a bit of a broken record but but name and address first even though we know who you are urban place but anytime you try to designate a Redevelopment area I'm going to come and say you should so uh I just want to look
at the criteria keep in mind we're not doing that tonight all we're doing is adding these properties we are not designating we're adding okay we're adding properties to this plan and to correct that Mr chairman you are not adding properties to the plan all you are doing tonight is finding that these
specific properties meet the criteria to be added to the plan the council will be the ones to determine whether to add it to the plan the planning board has no authority to say and I think we went through this the last time the that the C this board has no Authority
to say we don't like the plan so we're going to vote no they don't have that Authority and that's what you're going to ask them to do they they can't listen to they can't they don't have that power I'm gonna go through the criteria and you're gonna say they don't meet the criteria okay that's fair okay so uh
criteria C uh which all of them meet um does not apply to publicly owned properties it applies to properties that are owned by the municipality the county a local housing author Redevelopment agency or Redevelopment entity not to any state
state uh entities not to New Jersey Transit CR criteria C does not apply to New Jersey transits property it's not owned by one of the local or County uh public entities that are in the statute so criteria C doesn't
apply um criteria d uh I I I don't I'll accept that in fact the courts have found that parking lots are obsolete but uh criteria D does not say that something is uh is eligible
because it's obsolete it's eligible if its obsolescence creates a makes it detrimental to the safety Health morals or welfare of the community I don't see how the parking lots at the uh at the
train station are detrimental to safety Health more or welfare of this community they are obsolete but that obsolescence doeses not make them detrimental to those things so it doesn't meet criteria
D um Criterion h i I think it's really well laid out in the report that you can't say it meets criteria AG because no one's ever said what the said what this SP growth planning principles are so it can't apply to them um section three
interestingly uh section three says they're not detrimental to Public Health so all in this report you have three properties that are detrimental to safety Health well moral morals whatever and at the
same time because they qualify for for criteria D at the same time qualify for for section three which says they are not so I think at the very least got to correct the report so that it doesn't contradict itself um
as far as having to include all of these properties um some of the properties need to be included but to me [Music] um they're only they're only fit to be included if
you accept that some of them are that that other properties are uh that that there there needs to be the other the other properties need to be all there so they sort of hang together well if most of them don't meet
the criteria then they don't hang together there's no need to uh to build up so uh in any case section three maybe but section H is ridiculously weak weak D doesn't apply
to any of them um because they are not owned by a municipality or County public entity um and section D doesn't apply because they're not detrimental to the safety Health morals or welfare of Comm so
thank you Susan can you address Mr Ren's comments please yes so the way that we read the housing law is criteria SE applies to publicly own land
um it may be a legal question as to whether it's municipally or Jersey Transit own there were a couple of properties that in addition to being publicly owned we feel meet that criteria because they are not able to ever be developed on their own due to their size their lack of
access the configuration of those properties so I I guess it's um maybe a question from Mr lexin on the read of criteria C our read is that it applies to publicly owned property public publicly public entity owned proper properties that would include New Jersey
Transit so that for now um I think criteria D clearly applies to the three Parcels that we have identified um that have to do with the parking um that was already established in the previous designation study um that there are deleterious impacts to having these vast
parking areas that they do create negative impacts including the heat island impact including storm order issues and drainage issues that we know are established in this area so that is part of of the delary criteria de I mean if you can't say that
this meets Spar worth criteria literally at the train station the train station itself then there is nothing that would ever meet Spar criteria so I think it's very clear that all of these properties I would argue all of them could easily meet it but we are being conservative and only calling out the properties that were pre previously identified in your
master plan within the T area so that's a conservative read but they clearly do meet that smartw criteria and then section three doesn't say that there's no other U criteria that are met and then therefore you throw them in that section three it's that um these are
properties that need to be included because of the holistic Redevelopment possibility and the need to include these properties to effectuate desired Redevelopment so you think that whether a Criterion is met by an individual property or not all of the properties do
fall into that section of the category they they are necessary to include as part of this overall Redevelopment and holistic Redevelopment yeah I mean listen Mr Mr R right yeah I mean you're correctly quoting the statute as far as uh C is concerned the
word State doesn't appear in there but it's always been my understanding that it does apply as Susan's saying to publicly owned land um and obviously with the with New Jersey Transit is in support of this so obviously New Jersey
Transit understands it to be and their attorney understand it to read that way also otherwise New Jersey Transit would be here saying well you can't redevelop our land and I think maybe the reason the statute reads the way it does is because when the state legislature put it and I'm guessing when the state
legislature put it together I don't think they ever conceiv of the idea that uh you'd want to redevelop state-owned property because the municipality how would they do that you know because the state is the state obviously is superior entity but it's always been my
understanding that it covers all of public lands New Jersey Transit obviously has the same understanding otherwise they would not be here in support and and I think Susan what you've done is fine I've been involved in previous Redevelopment designations studies that included do own land newey
Transit on land it's always been understand right and in those cases the didn't step in and say hey you can't do this either so I think it's the universally accepted uh definition and this is an opportunity really to some change in the dnut hole
of our town it's a huge piece of property that's not what we're deciding no it's not but it it adding these properties I think furthers that goal that is my non-legal that's his non-legal opinion but again that is not what the board is T to do this evening
I'm gonna say that 10 million times because that because what that does it it it it furthers the belief that the board has some control over it and the board doesn't it's not our role we're not doing anything here and so in support of that I urge
this board to make any give us your name and address please sorry Chris Havens 11 River Street and I urge the board to advise the council that these parking
lots because they're in surfaces which people don't like anymore and a lot of people I know want her be able to go away so they are detrimental and also it's got to be I don't really feel it's at unsafe but at 3 o'clock in the morning this is the
least safe feeling place in the bur of red and then the most unconscionable thing for all those taxpayers is they provide zero Revenue so there's so many reasons in and out of that work
for this to be done now I urge that many people here support including those properties because those properties are terrible terrible use of land it's like Red Bank thank you anyone else I love it
when the public comes I'll stay all night for you by yourself sh when I said that nothing else from the board or the public sir come on name and address please hello uh Drew Logan 26 Allen
Place uh it seems like me and I'm not a lawyer seems like me it meets the criteria and I hope it ends up with as many apartments as humanly possible being built on this land thanks allow me to say that as many as possible is not going to
happen a reasonable number is going to happen as many as possible affordable units I agree with anyone else does anyone from the board have any interest in making
a motion either way about whether or not we should affirm these properties meet the criteria to be included I would uh make that motion is there a second second I'm sorry who first it
wison I can say may yes sorry yes Thomas yes yes um just real quick I just got to text from a resident that his hand is up
he's on the zoom call we we don't do that no we can't make sure okay D manuso yes lud Demento yes barbis
yes Wilson B yes and breadstone yes to the person with their hand up on the zoom call thank you for attempting to participate but we do not um take questions and comments from Zoom because it's very difficult
to swear people in and have them raise their right hand as necessary to speak at a meeting so I would encourage you um I'll give anyone a ride to a planning board meeting that needs one and I'll give you a ride home too if you can um
but thank you for participating we appreciate you being here and we have what is it it's a resolution to yeah Mr chairman anticipation if the was going to uh recommend the adoption of
the study tonight and S it to council I did prepare a resolution which the board should have in the records so that's that's available to be adopted tonight I'll make the motion to approve the resolution to affirm these properties meet the criteria and send it
to the mayor and councel for their consideration we have a second thank you May Portman yes Thomas LGE yes Christina bonatakis
yeso yes L dento yes Boz yes Wilson B yes and fredstone yes ladies and gentlemen I mean it when I say it every time I say it thank you so much for coming out it makes a big difference in our town motion
toour no move second second all in favor I thank you everyone thanks SU