this. >> One second. One second. That little remote thingy. You pass me the remote thingy. Not that one. That one. Over over one. That's it. Everything's popping up now all at once.
Yep. >> Good evening. The Red Bank board of adjustments come to order this 20th day of November and the time is 6:40. Roll call, please. >> And >> here.
>> Ray Mass >> here. Eileen Hogan >> here. >> Benny Uro >> here. >> Karen Lee >> here. >> Vincent Lake >> here. >> Paul Kiro >> here. >> Anna Cruz >> here. >> Amanda Kyopano absent.
>> Eugene Horowitz >> here. >> And Chris Havens >> here. >> Adequate notice of this meeting has been posted for a hall filed with the burough clerk and mailed to the Asbury Park Press and to River Times. This meeting is being tape recorded and in the event
the applicant uses service of a court reporter to transcribe the tapes, the board requires a copy of the transcript. We will break around 8:00 p.m. for deliberation of testimony heard thus far in the conference room on the first floor. Public is invited to attend.
However, discussion between board members and the public is not permitted at that time. No new cases will be heard after 900 p.m. Red Bank's only board of adjustment has maintained a policy cut off hour of 9:30 p.m. for its hearings. Any applicant not heard this evening
will be carried over to the next scheduled meeting. Um, pledge of allegiance. >> I pledge to the flag of the United States of America and to the republic stands one nation under God, indivisible, liberty and justice for
all. We have some administrative matters to take care of. Meeting minutes, regular meeting minutes and it's October 16, 2025. I'll move that we accept those. >> I'll second. >> All in favor?
>> I. >> Okay. Executive session meeting minutes October 16, 2025. Some may make a motion to approve. >> I will. >> I'll second. >> Second. >> All in favor?
>> I. >> And then we have a resolution of approval for 134 Leighton Avenue. >> Mr. Kennedy. >> Sure. And I apologize for sending that resolution late. That was an approval for construction of a deck and uh
basically installation of a 3-ft wide walkway. And the conditions of note were um that the uh proposal is not going to compromise the functionality of any existing parking spaces at the site. They're going to have the railings. The existing driveway shall remain in its current condition, shape, location. Uh
they're going to maintain the existing buffer at the site with reasonable clearance for the sidewalk. They're not going to remove any landscaping in connection with the proposal, but obviously trimming and pruning is is appropriate and they're going to get all the necessary um uh approvals. And I
technically I forgot to add uh compliance with Shauna's uh memo uh which I think I closed most of the stuff, but we'll just add that. So if the board is acceptable to that, we can adopt that as modified.
>> Okay. Somebody like to make a motion to approve? >> I'll make a motion. >> A second. >> Han. >> Yes. >> Ray Mass. >> Yes. >> Eileen Hogan. >> Yes. >> Benurro. >> Yes. >> Sharon of Stain. You weren't here.
>> I knew I wasn't here. Benson Light. >> Yes. Uh Paul Kagwell, >> yes. >> And Anna Cruz, >> yes. >> Okay. New business, 240 Shbury Avenue is being carried to another meeting. Mr. Kennedy.
>> Sure. Um Mr. Chairman, um I spoke Well, first off, let me uh do this. uh uh at the request of Ed McKenna, the applicant's attorney, they're asking for an adjournment, and this just came up at roughly 4:45 today because of uh some
items on on their end. So, what I would uh like to do is uh first ask if there's any uh comments or concerns with the notice and then we'll accept the notice and then we'll adjourn this to a date certain. Uh Mr. McKenna has uh consented
to extend the time frame within which we have to to act and he also asked that uh under the circumstances we adjourn without the need for any further notice. But before we get to that, is there anyone here who had any questions or comments or concerns regarding the
sufficiency of the legal notice they received? I don't see any. The board secretary and I reviewed the notice and found everything to be in order. So, it would be my humble opinion that we have jurisdiction to proceed. And uh Shauna, when I was speaking with Mr. McKenna at
roughly 4:45 today, um he did say a January meeting date would be fine because he thought the December might be uh tight for scheduling wise, agenda wise. >> So, uh the only date that's scheduled um is the reorg meeting which is January
15th. >> Okay. So, should we tell him January 15th? Yeah. >> All right. So, Mr. Chairman, if it's acceptable to the board, um, we would carry this meeting to January 5th, I'm sorry, carry this application, the
Incredible Oz application to January 15, 2026, 6:30 p.m. Uh, without the need for further public notice, if that is um your the board's um feeling, >> do you think we need to get public
notice? It's two months and into next year. I I would I would defer to the board. >> That kind of thing. >> When was their last notice? This is the I think this is >> Yeah, they did a notice for this meeting. >> Pretty big application. >> Yes, I do notice.
>> What is the regulation? >> One thing, but this is a pretty big application >> and there's plenty of time. So, it's not under a rush. >> What is the regulation from you? How many feet from the back of that lot? Good. >> That lot is on my the block that I own.
>> Oh, it's it's within 200 feet of >> I did not get a notice. I'm definitely within 200 feet of the back of that lot because >> Okay. >> There's once you go back there's one two I think I'm the third house from the lot. >> All right. So, we'll check that out and I would under the circumstances I would
respectfully suggest that you just recuse yourself. >> I would anyway, but Okay. >> would anyway because I'm on the block but but I don't I don't think they notice it properly. >> Okay. Bridge didn't ask me about anything that are closer. So, >> okay. >> I certainly I didn't get a notice. I'm
definitely 200 feet from the back of that lot. >> I'll check the notice and let you know tomorrow. >> We've had issues in the past where we have residents that have not received notice. But I guess from our regulations, all that's required is that
the applicant send out >> the notice >> to the correct address. Yes. So given that you know this given that the next possible meeting is two months away I would recommend >> okay >> be noticing. >> Yes. >> Yes.
>> So then if that's the uh call what we'll do is we'll have a motion to carry the Incredible Odds application to January 15, 2026 6:30 p.m. with new notice uh provided.
I'll make a motion. Second, >> yes. >> Ray Mass, >> yes. >> Yes. >> Benuro, >> yes. >> Sharon Lee, >> yes. >> Vincent Light, >> yes. >> Yes. >> Okay. Do we have any public comments on
non-aggenda items? >> I don't see any. >> Mr. Chairman, can I just say one other real quick thing? I wanted to bring uh something up. Um I'm on some type of New Jersey planning officials website and there's always sending emails back and
forth um to the attorney saying, "Hey, have you ever heard of a situation like this or what would you do here?" I never respond. I still don't respond, but something came up that that caught my eye and it said that um there was a couple of incidents where well we start with the premise that
um the applicant pays escrow to pay the board attorney and board engineer. So when I build the town I build the town but the town pays me with the applicant's money. Uh and that's what the escrow is for. It's different for a burough project or something like that
or litigation, but there's been a lot of incidents where there's been some hacking going on, computer hacking and and as we as society become more and more open with more and more things, personal things on the agendas. Um, so
the hackers are getting a little bit more sophisticated and they're sending letters to the applicant saying, "I know you submitted an application to build an addition at your house at 123 Main Street and you need to submit your application fee and escrow fee and you
need to wire it to the burrow account at this >> wire address, which is address, a third party address." And it's um been happening a lot. And just within like the couple of days that I've seen it, I keep getting more and more emails
saying, "Hey, it happened to me, too. It happened to me, too." And then one of my other Mammoth County uh towns had had a similar issue. So, obviously, anyone it's going to continue to happen until it doesn't work. And most of the time, you don't learn about it until it comes
to light or the person finds out. And human nature being what it is, whoever does get scammed is going to be upset understandably and sometimes look to, you know, hey, is this the bureau's fault or it's the zoning board's fault? And it's not. But I think the next step
is going to be, well, have you done anything or could you have done more? So, what I would suggest and what appears to be this the common suggestion amongst the the people on this on this chain is that we maybe just put together a one-page application addendum that
sort of says, "Hey, be aware of this fraudulent behavior that's out there and just know that we in the Bureau of Red Bank are not going to ask and we will not accept wire transfers. You know, we're going to get good oldfashioned checks being handd delivered or mailed to you. So if you applicant do receive
you know this recognize it's a scam and and you know we'll call the board secretary and so it's just one thing to do to because I'm told that you know in the old days the scams would like they would spell you know red bank as one word or you know and and there would be like some clearly erroneous part about
it and it's becoming more and more sophisticated. So, if you're okay, and again, Shauna can run it up the the burrow flag poll as well, but maybe we just put that onepage announcement out there that at least will put the people
our our residents on notice that, hey, be careful about that and maybe it'll help minimize the possibility. >> Good idea. >> What What does the paperwork for an application look like today, Sean? Um it
has it asks for your tax. Um so a W9 is attached to it, disclosure form. There's um a a form for uh to set up the escrow um from the bank, >> emails, phone numbers,
>> phone numbers, all of that. >> So the paperwork that you give them, >> is it possible just to put in a a paragraph or a few? So, that's what Kevin's saying that we will attach that on to it um for them to to read and it's the instructions on how this whole thing
works so with the boards and submitting notices and everything. >> Great. Sounds good. >> Okay. >> Okay. Good idea. Motion to adjurnn. >> Actually, did you want to Jonah? Did you want to go back in executive session or no? >> Yeah, let's go back to exe because I don't think we finished the conversation. >> Okay.
>> Okay. So, uh, if if if it's the pleasure of the board, we would have, uh, a motion to go into executive session for the purposes of discussing potential litigation matters, including the outfront media litigation case, and in accordance with New Jersey law, minutes
will be kept and made available to the public when the need for confidentiality no longer exists. Okay, >> I'll make a motion that we go into executive session. I'll >> second. And then time is 6:50. On the record, I was incorrect. I'm looking at Google Maps. I don't think I
am 200. >> Oh, okay. >> All in favor? >> I >> I Okay. >> Sea or do we have the >> Wait a few minutes. >> Thank you for coming.
>> Thanks for coming. >> Record. All right, Mr. Chairman, we are back from executive session and uh per New Jersey law, amendments will be kept and made available when to the public when the need for confidentiality no longer exists. Now you're up.
>> Okay. Motion to adjurnn. >> I'll make a motion. >> A second. >> All in favor? Five. Six.