Photo File photo of the council chambers. Below, a rendering of the planned Marine Park changes from a 2019 presentation. (Photo by Brian Donohue. Click to enlarge.)
By BRIAN DONOHUE
Nuisance short term AirBnB style rentals could get their comeuppance in court and a remake of Marine Park may finally get underway after the Borough Council ok’d a long list of big ticket items Thursday night.
The council unanimously approved changes to a controversial 2023 ordinance that banned short-term rentals in all areas except those zoned for mixed uses.
The new version aims for a tricky balance: allowing more residents to rent out space in their own homes while making it impossible for investors and non-residents to do so. It allows rentals for less than 28 days in all zones so long as the owner obtains a license and can prove with a state issued ID that it is their primary residence.
Town officials said the current version was not holding up to court challenges, allowing absentee owners to flout the law. The new one, they say, changes language in the law to give borough prosecutors and code enforcement more leverage when operators contest violations in municipal court.
More than a few neighbors of currently operating short term rentals are desperate for it to work.
The meeting was attended by a half dozen neighbors of an Oakland Street duplex whose non-resident owner they say rents it out on Airbnb to a revolving door of guests, some of whom throw loud backyard hot tub parties.
A neighbor named Emily played for the council a video of a lewd conversation between hot tub revellers outside her 10-year-old daughter’s window Monday night.
“When is this going become enforceable, because I’m tired of listening to it,” she said.
Another neighbor named Linden told the council she was up at 3 a.m. the night before due to loud noise in the rental, with which her family shares a common wall.
“Even when it’s not happening I live in a constant state of anxiety over the next group to check in,” she said.
Borough Attorney Greg Cannon said the current licensing process is “ill defined” and allowed operators to skirt the spirit of the law. He and members of the council assured the Oakland Street residents the new version will have more teeth.
“I hope this truly is helpful to you guys who have been dealing with some unpleasant situations,” Mayor Billy Portman said following the unanimous vote. The ordinance takes effect in 20 days. Wary residents of the Oakland Street address say they are counting the days, hoping the council is right about the new changes.
With the overall number of short term rentals likely to grow with the looser geographic restrictions enforcement will be the key.
“I just hope the enforcement part of this is good,” Council Member Ben Forest said.
Besides the short term rental ordinance, the council introduced a flurry of bonding measures to pay for an array of projects described as either long planned, badly needed or both.
They include:
- $725,000 to replace the 1930’s-built home side bleachers at Count Basie Fields.
- $200,000 in bonds to pay for streetscape improvements along Shrewsbury Avenue.
- $1.4 million in bonds for street repairs to “all or portions of Harrison Avenue, Linden Place, Chestnut Street, Bridge Road, James Parker Boulevard, River Street, Bodman Place, Allen Place, Hubbard Park, Alston Court, and Boat Club Road.
- $4 million in bonds, plus a $200,000 down payment, for the first stage of a long-planned remake of Marine Park.
All of the measures were introduced by a unanimous vote and will be up for public hearing and final approval at the June 11 council meeting.
The Marine Park ordinance would finally fund work on a project that has been mired in delays since Hurricane Sandy flooded the park in 2012, wiping out the clay tennis courts on the southern end of the park. Phase one of the remake includes moving the parking area to the site of the courts and converting the current parking area directly along the shoreline to grassy open space.
The plans were developed through a process that included public input sessions and surveys in 2019, but stalled for several years.
“That feels good,” Deputy Mayor Kate Triggiano said as the unanimous vote was tallied.
“Yes,” Mayor Billy Portman replied. “Finally we will have our funding to start on Marine Park.”
The $200,000 in borrowing for Shrewsbury Avenue would be augmented by $1.7 million grant from the North Jersey Transportation Planning Authority, according to the ordinance.
In November, the council announced a plan to finally spend a four-year old federal grant for the installation of traffic-calming bump-outs and flashing signals to make crossing the notoriously challenging stretch of roadway safer for pedestrians.
The $723,000 for the Count Basie Fields bleachers replacement would be augmented by an anticipated $577,000 in grant money from the state Green Acres program.
In December, when the council approved the Green Acres application, officials put the total cost at $1.1 million, including :$125,000 for removal of the existing structure; $575,000 for new bleachers; $175,000 for a new press box; and $100,000 to “retrofit press box and bleachers to existing structure.” It is unclear if that tally has changed or remains the same under the current plan.
Located between Drs. Parker Boulevard and Newman Springs Road, the 14.5-acre stadium and ballfields are owned by the borough board of education, but the town government has a long term agreement with the schools that permits the town to obtain funding for improvements.
Separately, Red Bank Catholic High School has a longterm lease to use the football field as its home turf.
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