Asbury Park

Adopted as Amended
Jan 11, 2017 7:00 PM

Authorizing the City of Asbury Park to Grant a License to Permit Improvements in an Area of the City Right-Of-Way Adjacent to the Property Located at 901-911 Asbury Avenue, Block 403, Lot 8




WHEREAS, H4 Holdings LLC (the “Property Owner”) is the owner of the property located at 901-911 Asbury Avenue, more commonly known and designated as Block 403, Lot 8, on the Asbury Park City Tax Map (the “Property”), which is located in the B-2 Main Street Retail Sales and Service District; and


WHEREAS, the Asbury Park Zoning Board of Adjustment as part of a Use Variance and Site Plan approval required the Property Owner to construct an in irrigation system, install landscaping, and install two stops signs in areas of the public Right-Of-Way (ROW); and


WHEREAS, the approved landscaping plan, Zoning Board of Adjustment Resolution dated September 27, 2016 and Resolution Compliance Review Report from the Zoning Board of Adjustment Engineer dated November 29, 2016 outlining the requirement is attached; and


WHEREAS, the applicant shall also consult with the Asbury Park Environmental Shade Tree Commission on the proposed tree and plant species; and


WHEREAS, with respect to the within application, the Mayor and Council have determined the following:


(1)              The proposed construction does not appear to involve a detriment to the public good; and


(2)              The proposed improvements will not interfere with use of the sidewalk area by the public as more than five feet of sidewalk shall remain; and


WHEREAS, the City is willing to grant a revocable license to the Property Owner in order to construct the proposed irrigation system, trees and landscaping and stop signs in accordance with the representations set forth in the attached request; and


WHEREAS, the grant of this license shall be for nominal consideration; and


WHEREAS, the Mayor and City Council do not wish for the granting of this license to serve as a precedent for further encroachments into the City’s ROW areas elsewhere in the City but, rather, declare that any and all such requests must be carefully reviewed by the Governing Body and considered strictly on a case-by-case basis, and that any such requests shall be granted only where substantial reasons are shown to justify and warrant the granting of the proposed encroachments.


NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Asbury Park, in the County of Monmouth and State of New Jersey, as follows:


1.              That, subject to the provisions set forth herein, the City hereby grants a license to construct and maintain an irrigation system, landscaping and trees and two stop signs in accordance with the representations set forth in the attached request and upon approval with the Asbury Park Environmental Shade Tree Commission, within an area of the City’s ROW.  The City Council highly recommends additional landscaping be provided, with the approval of the Asbury Park Environmental Shade Tree Commission.


2.              That the approval of this license shall be revocable at the will of the City.


3.              That all other terms and conditions relating to the license herein granted shall be set forth in a License Agreement (the “Agreement”), to be executed by the Property Owner and the City, which Agreement shall be in a form satisfactory to the City Manager and City Attorney.


4.              That the Mayor is hereby authorized to execute, and the City Clerk to attest, the said Agreement for the purposes set forth above.


5.              That a certified copy of this Resolution shall be provided to each of the following:


(a)              H4 Holdings LLC

(b)              Michael Capabianco, City Manager

(c)              Michele Alonso, City Planner

(d)              Barbara Van Wagner, Assistant Planner

(e)               Frederick C. Raffetto, Esq., Municipal Attorney




Meeting History

Dec 28, 2016 7:00 PM  Municipal Council Regular Meeting

City Manager Capabianco provided an explanation to the Council.

RESULT:TABLED [UNANIMOUS]Next: 1/11/2017 7:00 PM
MOVER:Amy Quinn, Deputy Mayor
SECONDER:Jesse Kendle, Councilmember
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor
Jan 11, 2017 7:00 PM  Municipal Council Regular Meeting

Motion made by Mayor Moor and seconded by Council Member Chapman to amend Resolution 2017-52 to insert that approval is required by the Shade Tree Commission and that the City Council highly recommends more landscaping. All were in favor

MOVER:Amy Quinn, Deputy Mayor
SECONDER:John Moor, Mayor
AYES:Eileen Chapman, Yvonne Clayton, Jesse Kendle, Amy Quinn, John Moor