1 1 HUDSON COUNTY PLANNING BOARD JERSEY CITY, NEW JERSEY 2 3 4 IN RE: : TRANSCRIPT OF 5 REGULAR MEETING. : PROCEEDINGS ________________________ 6 Hudson County Annex Building 7 567 Pavonia Avenue 3rd Floor Freeholders Chambers 8 Jersey City, New Jersey 07306 Wednesday, August 16, 2006 9 6:45 p.m. 10 B E F O R E: 11 RENEE BETTINGER, Chairwoman 12 DEMETRIO ARENCIBIA, Commissioner 13 DANIEL CHOFFO, Commissioner 14 DOREEN M. DI DOMENICO, Commissioner 15 JUDE FITZGIBBONS, Commissioner 16 MICHAEL A. HOLLOWAY, Commissioner 17 18 19 Reported by: 20 MARY ANN ADAMS Certified Shorthand Reporter 21 22 23 REPORTING SERVICES ARRANGED THROUGH: VERITEXT/NEW JERSEY REPORTING COMPANY 24 25B Vreeland Road, Suite 301 Florham Park, New Jersey 07932 25 Tel: (973) 410-4040 Fax: (973) 410-1313 VERITEXT/NEW JERSEY REPORTING (973) 410-4040 2 1 ALSO PRESENT: 2 THOMAS P. CALVANICO, ESQ. Board Attorney 3 STEPHEN MARKS, PP, AICP 4 Planning Director 5 EDWIN REIMON Medina Consultants 6 MARIO TRIDENTE 7 HCIA Inspector 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 VERITEXT/NEW JERSEY REPORTING (973) 410-4040 3 1 CHAIRWOMAN BETTINGER: Good evening. 2 I'd like to call to order the meeting of the Hudson 3 County Planning Board for August 16th, 2006. 4 Counselor, has this meeting been 5 properly advertised? 6 MR. CALVANICO: Yes, Madam Chair. 7 The meeting was properly advertised in accordance 8 with the Open Public Records -- the Open Public 9 Meetings Act of New Jersey and posted on the board 10 of the Clerk of the County and on the board of the 11 Clerk of the Board of Chosen Freeholders. 12 CHAIRWOMAN BETTINGER: Mr. Secretary, 13 may I have a roll call, please. 14 MR. MARKS: Commissioner Arencibia? 15 COMMISSIONER ARENCIBIA: Here. 16 MR. MARKS: Commissioner Avagliano? 17 (No response.) 18 Not present. 19 Commissioner Choffo? 20 COMMISSIONER CHOFFO: Here. 21 MR. MARKS: Commissioner DiDomenico? 22 (No response.) 23 Madam Chair, I did see Commissioner 24 DiDomenico enter the chambers. She's not here at 25 this moment. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 4 1 Commissioner Dublin? 2 (No response.) 3 Not present. 4 Commissioner Fitzgibbons? 5 COMMISSIONER FITZGIBBONS: Here. 6 MR. MARKS: Commissioner Holloway? 7 COMMISSIONER HOLLOWAY: Here. 8 MR. MARKS: Commissioner Mehta? 9 (No response.) 10 Not present. 11 Commissioner Ng? 12 (No response.) 13 Not present. 14 CHAIRWOMAN BETTINGER: Chairwoman 15 Bettinger? 16 CHAIRWOMAN BETTINGER: Here. 17 MR. MARKS: Madam Chair, we have a 18 quorum. 19 CHAIRWOMAN BETTINGER: Would everyone 20 please rise to salute the flag. 21 (Pledge of Allegiance.) 22 CHAIRWOMAN BETTINGER: Do I have a 23 motion to adopt the minutes from July 19th, 2006? 24 COMMISSIONER CHOFFO: I'll make a 25 motion. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 5 1 COMMISSIONER FITZGIBBONS: I'll 2 second. 3 MR. MARKS: Madam Chair, on a motion 4 to approve the minutes of July 19th, 2006, made by 5 Commissioner Choffo, seconded by Commissioner 6 Fitzgibbons. 7 Commissioner Arencibia? 8 COMMISSIONER ARENCIBIA: Aye. 9 MR. MARKS: Commissioner Choffo? 10 COMMISSIONER CHOFFO: Aye. 11 MR. MARKS: Commissioner DiDomenico? 12 COMMISSIONER DI DOMENICO: Aye. 13 MR. MARKS: Commissioner 14 Fitzgibbons? 15 COMMISSIONER FITZGIBBONS: Aye. 16 MR. MARKS: Commissioner Holloway. 17 COMMISSIONER HOLLOWAY: I abstain. I 18 was absent. 19 MR. MARKS: Chairwoman Bettinger? 20 CHAIRWOMAN BETTINGER: Aye. 21 MR. MARKS: Madam Chair, the motion 22 passed. 23 CHAIRWOMAN BETTINGER: First item on 24 the agenda is memorialization of resolutions 25 approved at the last meeting. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 6 1 MR. MARKS: Madam Chair, this is to 2 memorialize Application SP-50-06, Journal Square 3 Estates, located at 3075-3091 Kennedy Boulevard in 4 Jersey City, Application SP-60-06, Crown 5 Enterprises, Inc., located at 15 Hackensack Avenue 6 in Kearny, New Jersey, and Application SP-64-06, 7 Roland Cribeiro, Applicant, located at 215-17 8 Manhattan Avenue in Union City. 9 Madam Chair, just on this final 10 application, there was a discussion last month about 11 the subdivision, whether the property had been 12 properly subdivided previously. In your packets 13 this evening is correspondence from the attorney for 14 Mr. Cribeiro putting on the record that it was -- 15 there were lots that were divided or had been 16 subdivided previously. I know that was a question 17 that was on this application. 18 CHAIRWOMAN BETTINGER: Thank you for 19 clarifying that. 20 Okay. Do I have a motion? 21 COMMISSIONER FITZGIBBONS: Make a 22 motion. 23 CHAIRWOMAN BETTINGER: Do I have a 24 second? 25 COMMISSIONER CHOFFO: I'll second it. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 7 1 MR. MARKS: Madam Chair, on a motion 2 to approve the resolutions to be memorialized from 3 last meeting made by Commissioner Fitzgibbons, 4 seconded by Commissioner Choffo. 5 Commissioner Arencibia? 6 COMMISSIONER ARENCIBIA: Aye. 7 MR. MARKS: Commissioner Choffo? 8 COMMISSIONER CHOFFO: Aye. 9 MR. MARKS: Commissioner DiDomenico? 10 COMMISSIONER DI DOMENICO: Aye. 11 MR. MARKS: Commissioner 12 Fitzgibbons? 13 COMMISSIONER FITZGIBBONS: Aye. 14 MR. MARKS: Commissioner Holloway? 15 COMMISSIONER HOLLOWAY: Pass. 16 MR. MARKS: Chairwoman Bettinger? 17 CHAIRWOMAN BETTINGER: Aye. 18 MR. MARKS: Madam Chair, the motion 19 passed. 20 CHAIRWOMAN BETTINGER: Next item this 21 evening are the applications declared to be exempt. 22 MR. MARKS: Madam Chair, first 23 application to be declared exempt is SP-79-06. 24 Omnipoint Communications, Inc., located at 37 25 Monticello Avenue in Jersey City, and the second is VERITEXT/NEW JERSEY REPORTING (973) 410-4040 8 1 SP-80-06, Omnipoint Communications, Inc., located at 2 953-961 Garfield Avenue in Jersey City. 3 CHAIRWOMAN BETTINGER: Do I have a 4 motion? 5 COMMISSIONER FITZGIBBONS: I make a 6 motion. 7 CHAIRWOMAN BETTINGER: Do I have a 8 second? 9 COMMISSIONER HOLLOWAY: I second it. 10 MR. MARKS: Madam Chair, on a motion 11 to declare the applications exempt made by 12 Commissioner Fitzgibbons and seconded by 13 Commissioner Holloway. 14 Commissioner Arencibia? 15 COMMISSIONER ARENCIBIA: Aye. 16 MR. MARKS: Commissioner Choffo? 17 COMMISSIONER CHOFFO: Aye. 18 MR. MARKS: Commissioner DiDomenico? 19 COMMISSIONER DI DOMENICO: Aye. 20 MR. MARKS: Commissioner 21 Fitzgibbons? 22 COMMISSIONER FITZGIBBONS: Aye. 23 MR. MARKS: Commissioner Holloway? 24 COMMISSIONER HOLLOWAY: Aye. 25 MR. MARKS: Chairwoman Bettinger? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 9 1 CHAIRWOMAN BETTINGER: Aye. 2 MR. MARKS: Madam Chair, the motion 3 passed. 4 CHAIRWOMAN BETTINGER: The first 5 application this evening. 6 MR. MARKS: Madam Chair, the first 7 application scheduled for public hearing is 8 SD-58-06, James Adinolfi, located at 1615 Kennedy 9 Boulevard in Jersey City. 10 Madam Chair, in your packets this 11 evening is a letter from Mr. Campisano, who is the 12 counsel, the attorney for the Applicant in this 13 matter. Mr. Campisano requests that the matter be 14 tabled. Their expert witnesses weren't ready. I 15 think they're on vacation this month -- or this 16 week and weren't ready. And he requests that the 17 application be tabled until September. 18 CHAIRWOMAN BETTINGER: Do I have a 19 motion to table SD-58-06? 20 COMMISSIONER DI DOMENICO: I'll make 21 a motion. 22 COMMISSIONER HOLLOWAY: I second it. 23 MR. MARKS: Madam Chair, on a motion 24 to table SD-58-06 made by Commissioner DiDomenico, 25 seconded by Commissioner Holloway. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 10 1 Commissioner Arencibia? 2 COMMISSIONER ARENCIBIA: Aye. 3 MR. MARKS: Commissioner Choffo? 4 COMMISSIONER CHOFFO: Aye. 5 MR. MARKS: Commissioner DiDomenico? 6 COMMISSIONER DI DOMENICO: Aye. 7 MR. MARKS: Commissioner 8 Fitzgibbons? 9 COMMISSIONER FITZGIBBONS: Aye. 10 MR. MARKS: Commissioner Holloway? 11 COMMISSIONER HOLLOWAY: Aye. 12 MR. MARKS: Commissioner -- I mean 13 Chairwoman Bettinger? 14 CHAIRWOMAN BETTINGER: I vote aye. 15 MR. MARKS: Madam Chair, the motion 16 passed. 17 CHAIRWOMAN BETTINGER: Next 18 application. 19 MR. MARKS: Madam Chair, the next 20 application scheduled for public hearing is 21 SP-68-06, Century Land Group, LLC, located at 5711 22 Kennedy Boulevard in North Bergen. 23 MS. BERKENWALD: Elaine Berkenwald 24 from the law firm of Dennis J. Oury on behalf of the 25 Applicant. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 11 1 I have an engineer here at this 2 meeting. He's testified before this Board numerous 3 times. 4 CHAIRWOMAN BETTINGER: Is the 5 microphone on, Mr. Marks? 6 MR. MARKS: It's on. I think the air 7 conditioner may be a little high. 8 CHAIRWOMAN BETTINGER: Can you just 9 speak up a little. 10 MS. BERKENWALD: I'm shorter than the 11 last person. Do you want to swear him in? 12 C A L I S T O B E R T I N, 13 sworn. 14 MR. CALVANICO: Thank you. 15 MR. BERTIN: This site is currently 16 an industrial building located along Kennedy 17 Boulevard, on the west side of Kennedy Boulevard 18 just south of 58th Street. And I have here a copy 19 of the survey which shows Kennedy Boulevard on the 20 right side heading up and down and then 58th Street 21 running along the top of the page, and this 22 shaded-in big area here is the building. It's a 23 four-story industrial building that's really not -- 24 no longer in use. There's some storage out of it. 25 But there are loading docks on 58th Street. There's VERITEXT/NEW JERSEY REPORTING (973) 410-4040 12 1 even loading docks on Kennedy Boulevard. So this 2 building has been an eyesore for a long time, and 3 finally someone's come along to replace it. 4 What I'm showing now is a colored 5 version of the site plan for this project. That 6 four-story building will be demolished, and we are 7 going to construct three buildings actually, they're 8 all joined together, and they're shown in brown 9 here, three buildings. Again, Kennedy Boulevard is 10 still along the right side of the paper. So 11 there'll be actually three residential buildings, 12 four stories in height. 13 And then what you see here is a 14 courtyard between the buildings, but below that 15 courtyard and underneath the buildings are two 16 stories of parking. The first level of parking you 17 would enter from -- well, you enter all the parking 18 from the back of 58th Street. So there's really -- 19 we show a driveway here on Kennedy Boulevard, but 20 all the access is at the end of 58th Street. And 21 just so you -- if you're not familiar, 58th Street 22 dead ends, and then we have Flower Hill Cemetery 23 behind us, so we're not going anywhere. So all the 24 access to the property is from behind the building. 25 We do have a driveway off of Kennedy VERITEXT/NEW JERSEY REPORTING (973) 410-4040 13 1 Boulevard. And before -- when we started this 2 project, we came to one of your work sessions and 3 got input from Demetrio and others about how we were 4 going to construct a driveway off of Kennedy 5 Boulevard. This driveway is a convenience 6 driveway. It's for some visitors, it's for 7 deliveries. I mean -- when I say deliveries, I 8 don't mean trucks. I mean UPS or Federal Express or 9 the dry-cleaner, that kind of delivery. So we 10 wanted to create a driveway off of 58th Street and 11 Kennedy Boulevard. And originally I had the 12 entrance off of 58th and an exit onto Kennedy 13 Boulevard, but after getting input from your staff 14 and the people at the meeting, we decided we're 15 going to have an entrance off of Kennedy Boulevard 16 and we would exit onto 58th Street. So if there was 17 any backup of traffic on 58th Street, they're going 18 to sit in our driveway and not on Kennedy 19 Boulevard. 20 Now, one thing this rendering doesn't 21 show, this is the rendering that we presented to the 22 municipality, and this was approved by the North 23 Bergen Zoning Board, that the driveway be changed 24 from one-way to two-way so that we could -- so the 25 parking shown here is now 90 degrees so that we VERITEXT/NEW JERSEY REPORTING (973) 410-4040 14 1 could drive out. If someone wanted to come out and 2 head south, rather than having to go through the 3 intersection, they could come out of the driveway. 4 This section of Kennedy Boulevard has a divider. 5 It's got a barrier from 58th Street to 57th Street. 6 So you can't make left turns into this driveway. So 7 we're only going to have right turns. 8 There are a total of 128 units in 9 each of these buildings. And as I said, all the 10 parking is located underground. There's a 12-foot 11 grade change between Kennedy Boulevard and the back 12 of the site. So the first parking lot is, again, 13 below Kennedy Boulevard. The second level is at 14 Kennedy Boulevard, but it doesn't have access to 15 Kennedy Boulevard. Again, all the access is from 16 the back. So because of the location, we don't have 17 to tie into the County combined storm system. We 18 don't have to -- we don't have to touch any of the 19 utilities. Everything is going out the side and the 20 back. 21 58th Street is a very narrow road. 22 The pavement width is only 17« feet wide. We're 23 going to widen it to 21 feet. So we're going to 24 widen it all along our frontage. 25 There's a traffic light. This is a VERITEXT/NEW JERSEY REPORTING (973) 410-4040 15 1 signalized intersection, and there's a traffic pole 2 at the corner. And to move the curb back, we will 3 interfere with the electrical junction box, so we're 4 going to have to rewire at least that one pole. 5 Having been involved not only with 6 this project but with the project next door, which 7 should be coming back here soon, it was once 8 approved several years ago, we were aware of 9 accident histories in this area. As a matter of 10 fact, part of our submission with this application 11 was an accident diagram, collision diagram, an 12 accident history for I think it was eighteen months 13 or two years at this area. The reason for the 14 divider is that people come flying down Kennedy 15 Boulevard, and we have a sweeping turn here. And I 16 don't know why people don't see it, but they don't 17 see it. 18 So part of our proposal is to move 19 all -- the fire hydrant and the utility poles, 20 which are just light poles, on this side away. 21 We're going to clean up the site. We're going to 22 also take the poles and relocate them. The report 23 from Medina suggests we move them two feet behind 24 the curb line, but your combined sewer line is 25 there, so we're moving them to the back of the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 16 1 right-of-way, again, just to clean it out and to 2 remove some obstacles. 3 So that in general is the plan. 4 THE COURT REPORTER: Could I please 5 have your name. 6 MR. BERTIN: Calisto Bertin, 7 C-A-L-I-S-T-O, B-E-R-T-I-N, principal of Bertin 8 Engineering. 9 MR. CALVANICO: Mr. Bertin, I'm sorry 10 to interrupt, but could you just identify for the 11 record the -- 12 MR. BERTIN: The rendering? 13 MR. CALVANICO: -- the prints that 14 you referred to. 15 MR. BERTIN: Yes. The first drawing 16 I referred to is part of what was submitted, and 17 that was the survey that's in the package 18 submitted. It's drawing SV-1 prepared by our 19 office. And it's got a date of July 18th, 2005. 20 CHAIRWOMAN BETTINGER: Mr. Marks. 21 MR. MARKS: Madam Chair, just one 22 clarification. Mr. Bertin, your application had 128 23 units total, which was put down in the application. 24 Is it 128 total or is it 128 per building? 25 MR. BERTIN: It's 128 total. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 17 1 MR. MARKS: Okay. 2 MR. BERTIN: And to finish, the 3 second item I was referring to was a landscape 4 rendering exhibit dated April 5th, 2006. 5 MR. CALVANICO: Was that also 6 submitted to this Board? 7 MR. BERTIN: No, this was not 8 submitted to this Board. It was shown at the North 9 Bergen Zoning Board, and it's Exhibit A-1. 10 MR. CALVANICO: Okay. Can you just 11 provide us with a copy of it so that our record is 12 complete. 13 MR. BERTIN: Yes. 14 MR. CALVANICO: Thank you. 15 COMMISSIONER FITZGIBBONS: The 16 barrier, does that go all the way the length of that 17 property? 18 MR. BERTIN: Yes, it does. It goes 19 from -- it begins just below, just south of 58th 20 Street, and continues all the way down to 57th 21 Street. So it is along the entire frontage of the 22 site. 23 COMMISSIONER FITZGIBBONS: On the 24 other side of that road, was that where the Spanish 25 restaurant is? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 18 1 COMMISSIONER ARENCIBIA: 57th. 2 COMMISSIONER FITZGIBBONS: Meson 3 Madrid, something like that. 4 MR. BERTIN: There's a school. 5 COMMISSIONER ARENCIBIA: That's on 6 the next street. 7 COMMISSIONER FITZGIBBONS: Oh, all 8 right. 9 MR. BERTIN: There's a school 10 north -- well, no, there's a school -- 11 MR. TRIDENTE: At the light. 12 MR. BERTIN: At the light? 13 MR. REIMON: He's talking about the 14 restaurant that's further south. 15 MR. BERTIN: Oh, okay. 16 MR. TRIDENTE: It's on the next 17 corner. 18 COMMISSIONER HOLLOWAY: Madam Chair. 19 CHAIRWOMAN BETTINGER: Yes. 20 COMMISSIONER HOLLOWAY: Have you 21 secured the right escrow monies that you were 22 supposed to? 23 MR. BERTIN: No, no. As a matter of 24 fact, that's part of the letter. We submitted 25 escrows and we will supplement the fund. The VERITEXT/NEW JERSEY REPORTING (973) 410-4040 19 1 application fee and the escrow fee I guess I 2 calculated wrong. So I apologize. 3 CHAIRWOMAN BETTINGER: Do we have any 4 comments? From Medina. 5 MR. REIMON: Yes. In reference to 6 the lighting, if you are moving the light poles 7 closer to the property line, make sure that your 8 cobra and your arms are about fifteen feet so you 9 can actually light the street. 10 MR. BERTIN: Correct. And we'll have 11 to coordinate that with Public Service. 12 MR. REIMON: Yes. Absolutely. Also, 13 I don't know if there are any loop detectors on 14 58th. Not really. Right? 15 COMMISSIONER ARENCIBIA: There should 16 be loop detectors, yes. 17 MR. BERTIN: What we propose to do 18 since we're -- well, since we're ripping up the 19 junction box, I was thinking that -- 20 MR. REIMON: So you're going to 21 rewire the whole system? 22 MR. BERTIN: I didn't want to rewire 23 the whole thing. It's just that one pole. We could 24 do one of two things. We could put loop detectors 25 back or put in a video detection for that leg of the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 20 1 intersection. 2 MR. REIMON: That is up to him. 3 COMMISSIONER ARENCIBIA: Video is 4 what we go with now. 5 MR. BERTIN: I knew that. I think 6 it's even in the drawings. But yeah, there's a 7 junction box at the corner. 8 MR. REIMON: Okay. 9 MR. BERTIN: The controller is across 10 the street. So when we rewire, we just have to 11 rewire that corner, the signal. 12 MR. REIMON: Okay. Yeah, I got it. 13 Okay. Thank you. 14 The other thing that I notice in your 15 details is that you should really look into the way 16 you have laid out the expansion joints on the 17 details. I don't know if you might -- 18 MR. BERTIN: I have your letter and 19 we'll comply with that. I don't know why our 20 details should have changed, but we'll look at 21 that. 22 COMMISSIONER FITZGIBBONS: You're not 23 moving the street -- the intersection light. 24 Right? 25 MR. BERTIN: The signal light? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 21 1 COMMISSIONER FITZGIBBONS: You're 2 moving it? 3 MR. BERTIN: Well, we were hoping not 4 to, but that's something I guess that -- 5 MR. REIMON: Yeah, I think he's going 6 to have to move it, because if you have the vehicles 7 making the right turn from 58th into Kennedy 8 Boulevard, it's going to be very hard for a -- 9 let's say if you bring in a truck to move people 10 into the building, those big trucks, it's going to 11 be like a W/40 and you're making a right turn out of 12 58th. I think that's going to be very tight. 13 MR. BERTIN: I don't think that with 14 that barrier, that a right turn -- I don't think 15 anyone's doing it now, but you'd have to head north 16 and then make -- to 60th Street, I think it is, and 17 then come down. No, no one -- as it is now, a 18 tractor/trailer truck cannot make a right turn out 19 of 58th Street. 20 MR. REIMON: Yeah. 21 MR. BERTIN: It's been an industrial 22 building, I guess it hasn't been a problem, but I 23 guess that's just not done. 24 COMMISSIONER ARENCIBIA: Let me just 25 say, you're going to widen the street and you're VERITEXT/NEW JERSEY REPORTING (973) 410-4040 22 1 going to increase the turning radius anyway. You do 2 affect the signal, and you are going to relocate the 3 signal pole because of that, because of the handicap 4 ramp. So that means also you'd have to supply a 5 traffic signal plan for the State for approval. 6 MR. BERTIN: Right now that the 7 State's out of the picture, it's not such an 8 onerous -- 9 MR. ARENCIBIA: They just kind of 10 stepped off of the process. 11 MR. BERTIN: Right. 12 COMMISSIONER ARENCIBIA: I'd also 13 like to add to the condition, you have to -- per 14 the Medina letter, he's encouraging you to construct 15 a bus shelter. However, I would want you to 16 coordinate that with the Township of North Bergen 17 and New Jersey Transit, because they're the ones 18 that have to really sponsor the construction of the 19 bus shelter. The County normally is just a co-party 20 onto just signing off on the agreement. So it's 21 really the Township normally is the sponsor that 22 maintains it. So you'd have to talk to the town 23 about that. 24 MR. BERTIN: Okay. I'm not sure if 25 this is a scheduled stop, but we do know the bus VERITEXT/NEW JERSEY REPORTING (973) 410-4040 23 1 does stop at this intersection, and we will 2 accommodate that. 3 MR. REIMON: And also the bicycle 4 rack. 5 MR. BERTIN: You asked for a bicycle 6 rack in the parking garage. 7 MR. REIMON: In the parking garage. 8 MR. BERTIN: Absolutely. We'll do 9 that, yes. We hope that people will use this, you 10 know, because of its proximity to the light rail. 11 MR. REIMON: Well, those two comments 12 were actually sent to you to encourage for future 13 price also. Anything that is done in Hudson County, 14 we want to have the applicants take advantage of 15 mass transit funds that we have in the County, and 16 also encourage the use of bicycles. We have some 17 bicycle routes already in place throughout the 18 County. 19 CHAIRWOMAN BETTINGER: Do we have any 20 other comments? 21 COMMISSIONER ARENCIBIA: Just a last 22 comment I have is make sure that before you do any 23 work in the County's right-of-way, that the owner or 24 the contractor get a road opening permit from the 25 County Engineer's office. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 24 1 MR. BERTIN: Yes, that's -- of 2 course we'll do that. We'll also put a note on the 3 plan. 4 CHAIRWOMAN BETTINGER: Do I have a 5 motion to approve this application? 6 MR. CALVANICO: Madam Chair, I just 7 have a couple of questions for Mr. Bertin if it's 8 okay. 9 CHAIRWOMAN BETTINGER: Yes. 10 MR. CALVANICO: Did you indicate, 11 Mr. Bertin, that you had changed the driveway to a 12 two-way driveway at the request of North Bergen? 13 MR. BERTIN: Yes. And those were in 14 the plans that were submitted. Yes, as a matter of 15 fact, the word I got from the North Bergen Zoning 16 Board were tell them this is what we want. So the 17 driveway presented to you is a two-way driveway. 18 MR. CALVANICO: The one that's in the 19 plans that was submitted? 20 MR. BERTIN: In the plans that were 21 submitted, it's a two-way driveway, and obviously 22 it's only a right in and a right out. And we 23 designed it so that a vehicle could make that 24 maneuver. 25 MR. CALVANICO: Okay. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 25 1 COMMISSIONER ARENCIBIA: Just to add 2 to that. As we discussed earlier, I'd like to see a 3 revised driveway plan to show that there's not -- 4 to minimize the interference with pedestrians that 5 are walking across the driveway. The way it's shown 6 right now, it looks like it's curved and taken much 7 of the width of the sidewalk. 8 MR. CALVANICO: Mr. Bertin, the 9 parking that's underneath the building, you 10 described it as community parking. Is that what you 11 said? 12 MR. BERTIN: Oh, no. And I'm going 13 to just show you the two parking plans that were 14 submitted with the application. It's parking for 15 this project. It's not for anybody else. The 16 parking in front was for visitors, but as I said, 17 you come in below and there's two levels of parking 18 underneath the building. And this is in the plans 19 that were submitted. And again, the only driveway 20 is at 58th. 21 MR. CALVANICO: Just identify the two 22 drawings you just looked at. 23 MR. BERTIN: Yes. Well, these are 24 drawings R-2 and R-3. They're similar to the plans 25 that were submitted. They're just cleaned up VERITEXT/NEW JERSEY REPORTING (973) 410-4040 26 1 without all the notes. I will supply these drawings 2 to you. But they're actually -- drawing C-2.3 and 3 2.4 in the set that was submitted is basically the 4 same drawing. 5 MR. CALVANICO: Okay. 6 MR. BERTIN: We just took the notes 7 off to make it clean. 8 MR. MARKS: Mr. Bertin, the date on 9 those pages? 10 MR. BERTIN: The drawings that -- 11 the drawings are dated December 28th, 2005, revised 12 5/15/06. 13 MR. CALVANICO: Are the parking 14 spaces assigned to the units or how is that -- 15 MR. BERTIN: That all hasn't been 16 worked out, but most likely one space will be 17 assigned to each unit, and then the other spaces 18 will be free. But the parking here meets the 19 residential site improvement standards, so it's 20 basically two spaces per unit. So -- 21 CHAIRWOMAN BETTINGER: How many 22 parking spaces did you say? 23 MR. BERTIN: We have a total of 243 24 parking spaces. 25 CHAIRWOMAN BETTINGER: So will you VERITEXT/NEW JERSEY REPORTING (973) 410-4040 27 1 have any visitor parking spaces underneath the 2 building as well? 3 MR. BERTIN: Yes. In the plans there 4 are some visitor spaces identified in the back of 5 the building, it's one level, but in the back near 6 the Flower Hill Cemetery, and then the parking near 7 Kennedy Boulevard is all visitor parking. 8 CHAIRWOMAN BETTINGER: There's enough 9 room for visitor parking and, what is it, two lanes 10 to drive in the front of the building? 11 MR. BERTIN: Yes. The plans that 12 were submitted to you, it's a 24-foot wide 13 driveway. And the perpendicular parking, yes, there 14 is sufficient room. And we even have a little room 15 for a drop-off zone like for the, you know, small 16 Federal Express truck or something like that to pull 17 off without having to take up a parking space. Or 18 actually the town was concerned about an ambulance. 19 They want to make sure an ambulance can move there, 20 and that's why we changed the driveway 21 configuration. 22 COMMISSIONER FITZGIBBONS: How about 23 a fire zone, is there a fire zone there? Is there a 24 fire zone? 25 MR. BERTIN: No, not in the front. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 28 1 Except for where we have the drop-off space, yes, 2 the rest is a fire zone in the front. And all of 3 58th Street is, in essence, a fire zone, because 4 there is no parking there. And this plan was 5 reviewed by the North Hudson Regional Fire 6 Commission. 7 COMMISSIONER FITZGIBBONS: Is there 8 going to be a commuter bus that goes there? 9 MR. BERTIN: No plan for that. 10 COMMISSIONER FITZGIBBONS: Are they 11 going to be condos? 12 MR. BERTIN: Yes. 13 MR. REIMON: That's why we requested 14 a list, bus shelter. We tried to have -- remember 15 the last application that we had from Hudson 16 County -- I mean from Jersey City on Kennedy 17 Boulevard near 139 that we wanted to have the bus 18 shelter to Journal Square. In this situation here, 19 we are very close to the new light rail station at 20 49th Street and Kennedy, between Kennedy and 21 Bergenline Avenue. I can say that is within walking 22 distance. But it could be -- also in wintertime it 23 could be tough. 24 MR. BERTIN: Just speaking from 25 experience, when I advertised work in New York City VERITEXT/NEW JERSEY REPORTING (973) 410-4040 29 1 and I lived in Tarrytown, it was almost a half a 2 mile walk to the train station. I'd rather walk a 3 half a mile than have to drive the car and have to 4 worry about parking someplace. So this is 5 definitely within walking distance to the light rail 6 station. 7 MR. REIMON: Yeah, but it doesn't 8 hurt to have also a bus shuttle. 9 MR. BERTIN: Yeah. No, we'll comply 10 with that. 11 MR. REIMON: Oh, can you do that, 12 too? 13 MR. BERTIN: What's that? 14 MR. REIMON: Can you also provide a 15 bus shuttle from here to the Bergenline Avenue light 16 rail station for the light rail? Because that is 17 going to be awesome if you can do that. Don't 18 forget, that train station is going to link Union 19 City all the way down to the waterfront in Jersey 20 City and in Bayonne also in less than two years from 21 now. 22 MR. BERTIN: I think that's something 23 that would be done by the condo association once 24 they form it. They could do that. I mean, that's 25 something that's done in Fort Lee now. I'm not in a VERITEXT/NEW JERSEY REPORTING (973) 410-4040 30 1 position to say that it's going to be done with this 2 number of units, a hundred -- what did I say, 128 3 units. I could see them doing some kind of charter 4 service. But it's not something I could commit to 5 at this point. It makes sense. 6 MR. REIMON: Yeah. 7 CHAIRWOMAN BETTINGER: Do we have any 8 other comments? 9 MR. CALVANICO: One thing, Madam 10 Chair. I don't mean to belabor this. But the 11 letter that was sent to you from Medina, are you 12 agreeing to comply with all those conditions that 13 are in the letter? 14 MR. BERTIN: Yes. They've all been 15 discussed, and yes, we're going to comply with them. 16 MR. CALVANICO: I just wanted to make 17 sure, because when I draft the resolution, I want 18 to -- I'll be referencing that. I just wanted to 19 make sure that we were on the same page. 20 Thank you, Madam Chair. 21 CHAIRWOMAN BETTINGER: Do I have a 22 motion to accept this application? 23 COMMISSIONER FITZGIBBONS: I make a 24 motion to accept it on the recommendations of the 25 Medina letter. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 31 1 COMMISSIONER CHOFFO: I'll second it. 2 MR. MARKS: Madam Chair, on the 3 motion to approve application Sp-68-06 made by 4 Commissioner Fitzgibbons and seconded by 5 Commissioner Choffo. 6 Commissioner Arencibia? 7 COMMISSIONER ARENCIBIA: Aye. 8 MR. MARKS: Commissioner Choffo? 9 COMMISSIONER CHOFFO: Aye. 10 MR. MARKS: Commissioner DiDomenico? 11 COMMISSIONER DI DOMENICO: Aye. 12 MR. MARKS: Commissioner 13 Fitzgibbons? 14 COMMISSIONER FITZGIBBONS: Aye. 15 MR. MARKS: Commissioner Holloway? 16 COMMISSIONER HOLLOWAY: Aye. 17 MR. MARKS: Chairwoman Bettinger. 18 CHAIRWOMAN BETTINGER: I vote aye. 19 MR. MARKS: Madam Chair, the motion 20 passes. 21 MR. BERTIN: Thank you very much. 22 CHAIRWOMAN BETTINGER: Thank you. 23 Good luck. 24 MS. BERKENWALD: Thank you. 25 MR. MARKS: I'll get the Bayonne VERITEXT/NEW JERSEY REPORTING (973) 410-4040 32 1 people. 2 Madam Chair, the next application 3 scheduled for public hearing is SD-76-06, Bayonne 4 Local Redevelopment Authority for Block 404, Lots 5 2.01 through 2.11 in Bayonne. 6 MR. JESSUP: Good evening, Chairwoman 7 and members of the County Planning Board. My name 8 is Matt Jessup. I'm from the law firm of McManimon 9 & Scotland on behalf of Nancy Kist, the Executive 10 Director, and the Chairman and members of the 11 Bayonne Local Redevelopment Authority. I'm here to 12 present the application for subdivision. 13 Before I go any further, I know that 14 on the agenda, we are listed as two separate items. 15 The two subdivisions are fairly integral. If it 16 pleases the Board, we can do a presentation that 17 discusses both subdivisions fairly clearly, and then 18 if the Board needs to take separate actions based on 19 the agenda, I think that, with your approval, is 20 probably the best way to go. 21 MR. CALVANICO: That's fine. 22 CHAIRWOMAN BETTINGER: That's fine. 23 Thank you. 24 MR. JESSUP: Great. The BLRA is the 25 owner of the former Military Ocean Terminal, now VERITEXT/NEW JERSEY REPORTING (973) 410-4040 33 1 known as the Peninsula at Bayonne Harbor. When 2 conveyed to the LRA, the entire Peninsula was 3 effectively one block. There have been two 4 subdivisions. A first subdivision splitting the 5 block from one into twelve developable blocks. The 6 purpose was to define certain redevelopment areas, 7 planned redevelopment areas, define the riparian 8 areas, the Coast Guard lot, which we'll talk about 9 later, and the lot to be dedicated to the city. The 10 second subdivision was a second step in preparing 11 the Peninsula for redevelopment by private 12 developers and split the Peninsula from twelve lots 13 into forty-six developable blocks and also dedicated 14 public rights-of-way. 15 If the Chairwoman permits, I'd like 16 to present two experts this evening. The first 17 would be Jesse Ransom. 18 CHAIRWOMAN BETTINGER: Okay. 19 MR. JESSUP: Chairwoman, I'd like to 20 qualify Jesse as an expert if that's okay. 21 CHAIRWOMAN BETTINGER: Thank you. 22 MR. JESSUP: Jesse, can you please 23 state your name and position and title with the -- 24 or excuse me, your name and employer and title with 25 your employer. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 34 1 MS. RANSOM: My name is Jesse Ann 2 Ransom. I'm employed by the Bayonne Local 3 Redevelopment Authority. My title is planning 4 Project Manager. 5 THE COURT REPORTER: Could you spell 6 your name, please. 7 MS. RANSOM: J-E-S-S-E, A-N-N, 8 R-A-N-S-O-M. 9 MR. JESSUP: And how long have you 10 been with the BLRA? 11 MS. RANSOM: I've been employed in 12 this capacity for three-and-a-half years. 13 MR. JESSUP: And do you have a 14 professional license of any sort? 15 MS. RANSOM: I'm licensed as a 16 professional planner by the State of New Jersey. 17 MR. JESSUP: And have you previously 18 appeared before Planning Boards, such as the County 19 Planning Board here? 20 MR. BERTIN: Yes. 21 MR. JESSUP: Chairwoman, unless you 22 have any other questions, I'd like to move 23 Ms. Ransom as an expert. 24 CHAIRWOMAN BETTINGER: I don't have 25 any other questions. Any of the Commissioners have VERITEXT/NEW JERSEY REPORTING (973) 410-4040 35 1 any questions? 2 MR. CALVANICO: Before you begin, 3 Counselor. 4 J E S S E A N N R A N S O M, 5 sworn. 6 MR. CALVANICO: Thank you. 7 MR. JESSUP: Thank you. 8 Ms. Ransom, are you familiar with the 9 redevelopment plan that governs the redevelopment of 10 the Peninsula at Bayonne Harbor that has been 11 previously approved and adopted by the City of 12 Bayonne? 13 MS. RANSOM: Yes. 14 MR. JESSUP: And were you involved in 15 creating that redevelopment plan? 16 MS. RANSOM: Yes. I was on the 17 steering committee as part of the transportation and 18 land use study. This was a $3 million federal, 19 state and NJTPA funded study to develop the 20 redevelopment plan, and I was a member of that 21 steering committee. 22 MR. JESSUP: And can you describe 23 briefly the redevelopment plan and how it relates to 24 the Peninsula. 25 MS. RANSOM: The redevelopment plan VERITEXT/NEW JERSEY REPORTING (973) 410-4040 36 1 calls for six districts within the site. Since this 2 is a large site, over 430 acres of a plan property, 3 in addition to riparian land as well, the purpose 4 was to divide this into districts to create 5 neighborhoods within the site. Those districts, the 6 redevelopment plan calls for a variety of permitted 7 land uses, bulk, mass, development controls on a 8 block-by-block basis within the districts. Of those 9 six districts, five are mixed use districts which 10 call for a variety of residential, commercial, open 11 space, retail uses. The sixth district is a 12 maritime district to take advantage of the deep 13 water channel on the north side. 14 While the sixth -- while the 15 redevelopment plan calls out six districts and they 16 may differ in character by their land use and their 17 bulk and their mass, they are not segregated from 18 each other. They are integrated by a road network, 19 street network, utilities. They're integrated into 20 the property as a whole. 21 MR. JESSUP: And are you familiar 22 with the two subdivisions that are presently before 23 the Board? 24 MS. RANSOM: Yes, I am. 25 MR. JESSUP: And can you briefly VERITEXT/NEW JERSEY REPORTING (973) 410-4040 37 1 describe how each of the subdivisions relate to the 2 redevelopment plan. 3 MS. RANSOM: The purpose of the first 4 subdivision is to actually parcelize the property 5 based on the districts, to make taxable lots and 6 divide it into those actual districts that I 7 mentioned. The purpose of the second subdivision is 8 to further the implementation of this redevelopment 9 plan by carving out public roads, right of ways, and 10 to enable the construction of infrastructure and 11 utilities and also to actually make developable 12 parcels. 13 MR. JESSUP: And in your opinion, 14 does the -- do the proposed subdivisions, are they 15 consistent with the redevelopment plan? 16 MS. RANSOM: Yes, they are. 17 MR. JESSUP: Chairwoman and members 18 of the board, if you have any other questions for 19 Ms. Ransom, I'll take them now. 20 CHAIRWOMAN BETTINGER: Commissioner 21 Arencibia, do you have any comment? 22 COMMISSIONER ARENCIBIA: Well, this 23 is just for the subdivision that you're up for 24 today. Right? 25 MS. RANSOM: Yes. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 38 1 COMMISSIONER ARENCIBIA: And as far 2 as -- what stage are you at with the plans, for 3 development of the plans. 4 MR. BERTIN: Well, the redevelopment 5 plan has been adopted with amendments of February 6 14th, as well as -- of 2006 and July 19th of 2006. 7 As we mentioned, the subdivision will allow us 8 to -- further enable us to have separate 9 developable parcels that we can then lease or sell 10 to separate entities. 11 COMMISSIONER ARENCIBIA: Okay. 12 MS. RANSOM: We have a designated 13 developer within one of the districts that I 14 mentioned, a second district, we actually entered 15 into an RFP process, and a designated developer for 16 a portion of that district. 17 COMMISSIONER ARENCIBIA: I just 18 wanted to see if there's been any progress in any of 19 the subdivisions in the design, the design phase. 20 MS. RANSOM: The purpose of this 21 subdivision is, as I mentioned, in order to carve 22 out the right-of-ways and enable us to do 23 infrastructure and utilities. It still creates 24 large -- larger parcels on the site as a whole as 25 we come in, and actual individual developers will VERITEXT/NEW JERSEY REPORTING (973) 410-4040 39 1 appear before the Planning Board with individual 2 site plans and further subdivisions within those 3 development blocks when they submit to the Planning 4 Board. 5 COMMISSIONER ARENCIBIA: What about 6 studies for traffic and impacts, that kind of 7 environmental impacts, do you have those completed 8 as well? 9 MS. RANSOM: That was part of the 10 transportation and land use study that I mentioned. 11 In addition to the creation of the redevelopment 12 plan, it was an interim process where both land uses 13 and transportation were studied and the street 14 network was created based on this interim process of 15 modeling and testing the capacity. 16 COMMISSIONER CHOFFO: Did Bayonne 17 already grant the subdivision, the City of Bayonne? 18 MS. RANSOM: This has been approved 19 by the City of Bayonne Planning Board. 20 COMMISSIONER CHOFFO: And that 21 exhibit, would you mind marking that, this exhibit 22 that we're looking at, because I have a question 23 about that also. 24 MR. JESSUP: Oh, sure. We'd move 25 that this be marked into the record. And just for VERITEXT/NEW JERSEY REPORTING (973) 410-4040 40 1 the Board's clarification, we will have a second 2 expert if the Chairwoman permits who is also fairly 3 familiar with the -- intimately familiar with the 4 exhibit here as well. 5 COMMISSIONER CHOFFO: Should I wait 6 for my question for the next expert? 7 MR. JESSUP: No, go ahead. 8 COMMISSIONER CHOFFO: All right. Are 9 both subdivisions located on this exhibit that we're 10 looking at now, that we're discussing, or no. 11 MS. RANSOM: This exhibit is actually 12 the first subdivision that we presented to the local 13 Planning Board. And then this is the one that 14 divides up the districts. The second subdivision we 15 have exhibits, proposals. 16 CHAIRWOMAN BETTINGER: Did we mark 17 this rendering yet? 18 MR. CALVANICO: Was this drawing 19 submitted to this Board? 20 MR. JESSUP: Yes, I believe this was 21 part of the application that was submitted to the 22 Board. 23 MR. CALVANICO: Then all you need to 24 do is identify it by document number or whatever. 25 MR. JESSUP: This is -- VERITEXT/NEW JERSEY REPORTING (973) 410-4040 41 1 MS. RANSOM: Actually, I don't 2 believe that this exact -- this one was. The other 3 exhibits were. 4 MR. MARKS: Madam Chair, we did 5 receive a survey for the proposed subdivision. It 6 was basically a regular blueprint. It will be 7 helpful for the record if Bayonne was able to 8 provide a color copy similar to this for our 9 reference for the record. 10 MR. JESSUP: We certainly would be 11 happy to do that, absolutely. 12 CHAIRWOMAN BETTINGER: Do you have a 13 question? 14 COMMISSIONER FITZGIBBONS: Yeah. So 15 that subdivision plan has been approved by Bayonne. 16 Right? 17 MR. JESSUP: That's correct. 18 COMMISSIONER FITZGIBBONS: And 19 there's a second one on the drawing board. Is that 20 approved? 21 MS. RANSOM: That has been approved 22 as well. 23 COMMISSIONER CHOFFO: Well, the 24 reason I'm asking is, if we're going to look at both 25 of these combined, I just would like to know the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 42 1 difference between the two applications. 2 MR. JESSUP: Now, that they're -- do 3 you want to answer that? 4 MS. RANSOM: No. 5 MR. JESSUP: Now that they're both 6 up, and again, our second expert can probably better 7 talk about this, but this exhibit does accurately 8 show the division from one lot into twelve lots, 9 what we'll call the first subdivision, if you will. 10 And the exhibit that's being set up now shows the 11 second subdivision which took the twelve parcels and 12 further subdivided them into the forty-six blocks. 13 CHAIRWOMAN BETTINGER: Can you bring 14 that a little closer, please. 15 MR. RIOUX: Sure. 16 CHAIRWOMAN BETTINGER: Thank you. 17 COMMISSIONER ARENCIBIA: Altogether 18 how many lots are we talking about that you're 19 subdividing them into? 20 MR. JESSUP: Well, the first 21 subdivision would split it from -- split the 22 Peninsula from one lot into twelve. The second 23 would further subdivide the Peninsula into forty-six 24 lots. 25 COMMISSIONER ARENCIBIA: One to VERITEXT/NEW JERSEY REPORTING (973) 410-4040 43 1 forty-six? 2 MR. JESSUP: I guess twelve to 3 forty-six if you would. These twelve, we got to 4 this point, sort of step A, and then further 5 subdivided to step B. 6 MR. REIMON: How many access points 7 do you have at that subdivision? The forty-six 8 blocks or lots -- 9 MR. JESSUP: Correct. 10 MR. REIMON: -- how many access 11 points you have to 169? 12 MR. JESSUP: If you don't mind, I'd 13 like to bring up Ms. Ransom to answer that 14 question. 15 MS. RANSOM: Currently there's one 16 access point to Route 440, which is formerly known 17 as Route 169. There are also two vehicular bridges 18 that cross over Route 440 for access to Avenue E in 19 Bayonne. Those bridges have gates where they are 20 closed for security purposes during the construction 21 period, but in the redevelopment plan and upon 22 development, those bridges will be open to vehicular 23 access routes as well. 24 MR. REIMON: Yeah, but in reference 25 to those two bridges, are those bridges supposed to VERITEXT/NEW JERSEY REPORTING (973) 410-4040 44 1 be retrofit to take the traffic loads that is 2 anticipated coming out of that development? 3 MS. RANSOM: There was a 4 transportation study that was done as part of the 5 transportation and land use study that did the 6 modeling and the splits of the traffic for both 7 northbound and southbound Route 440 as well as the 8 local roadways. 9 MR. REIMON: All right. So there is 10 sort of a study in the case that there is a need to 11 retrofit the bridges or the bridges are adequate for 12 the future traffic? 13 MS. RANSOM: In the transportation 14 studies, there are recommended roadway improvements 15 upon full build-out of the Peninsula. However, this 16 will happen in stages. Different milestones along 17 the way will trigger the various roadway 18 improvements, at different milestones depending upon 19 the extent of the development. But that has all 20 been spelled out in the transportation study. 21 MR. REIMON: I got you. It's still 22 in planning. Is that correct? 23 MS. RANSOM: Yes, that the 24 recommended improvements are in the study for 25 future -- VERITEXT/NEW JERSEY REPORTING (973) 410-4040 45 1 MR. REIMON: So there is a 2 feasibility study that has been -- is in the 3 process of being completed? 4 MS. RANSOM: Correct. 5 COMMISSIONER CHOFFO: I have two more 6 questions, I'm sorry. This may be the dumbest 7 question ever, but I have to ask it. I just don't 8 understand why you go from one lot to twelve and 9 then twelve to forty-six. Wouldn't it have been 10 easier just to go from one to forty-six? 11 MS. RANSOM: We -- the initial 12 subdivision was to divide out the actual -- the 13 districts and the riparian land, which our engineer 14 will elaborate on. When we went to the -- when we 15 presented this to the City Planning Board, one of 16 the conditions was that we come back to them 17 within -- within a certain amount of time to 18 further the subdivision, to actually map the 19 roadways that are included in there as well. 20 COMMISSIONER CHOFFO: All right. And 21 this is the same Peninsula where the cruise ships 22 dock? 23 MS. RANSOM: Yes. 24 COMMISSIONER CHOFFO: No more 25 questions. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 46 1 CHAIRWOMAN BETTINGER: Anyone else? 2 MR. MARKS: Madam Chair, I have a 3 question for the record. According to the 4 applications, this application SD-76-06, it states 5 that there is a total of 32,308 linear feet of new 6 roadway. That's included in the subdivision 7 application? According to the -- I don't mean to 8 stump you. I don't want to do that. But in the 9 application, I'm just having you for the record 10 state that that will be Bayonne city streets or 11 that's -- 12 MS. RANSOM: Okay. 13 MR. MARKS: -- Title 39? 14 MS. RANSOM: Right. Those will 15 be -- we're reserving those areas to dedicate as 16 public right-of-ways. 17 MR. MARKS: Okay. And they will be 18 Bayonne municipal streets? 19 MS. RANSOM: Yes. 20 MR. MARKS: Okay. 21 MR. REIMON: All right. So let me 22 see if I fully understand what we're doing here. So 23 you have a feasibility study right now that has been 24 completed that includes any -- the study for the 25 retrofitting of the bridges, that includes the new VERITEXT/NEW JERSEY REPORTING (973) 410-4040 47 1 roads that have to be built based on the new lots 2 that you have, and you also have in that feasibility 3 study the capacity that you need for the 4 development? 5 MS. RANSOM: That's correct. 6 MR. REIMON: Are you looking into 7 that, too, into coordinating this subdivision with 8 anticipated build-out to 2025, let's say, are you 9 coordinating that with all the utility companies 10 already in your feasibility study? 11 MS. RANSOM: Well, it's a regional 12 study -- it's a study that illustrates the effect 13 of the property on roadways outside of the property 14 as well. 15 MR. REIMON: Because my concern, 16 Matt, is that you really have to know if you have 17 capacity in the area for the needs of these new 18 development. You have two miles of road -- of 19 development actually. I don't know how wide it is, 20 but it goes like two miles into the Hudson River 21 almost. Right? 22 MS. RANSOM: And that's the purpose 23 of the subdivision as well of having the roadways 24 for those utilities. For instance, the BLRA has 25 been in cooperation with the Municipal Utilities VERITEXT/NEW JERSEY REPORTING (973) 410-4040 48 1 Authority in having the -- doing a sewer 2 integration system and extending the sewer capacity 3 out of site. That's already been constructed and 4 it's been constructed with the capacity for full 5 build-out. 6 MR. REIMON: PSE&G and United Water? 7 MS. RANSOM: And the BLRA has been in 8 cooperation with PSE&G and the other utilities 9 looking at the site as a whole, but also on an 10 individual -- on a project-by-project basis. 11 MR. REIMON: It also says that there 12 are two new roads, two proposed roads which are new, 13 Center Street and 41st Street, that are going to be 14 controlled by traffic lights. 15 MS. RANSOM: That's not part of the 16 subdivision proposal. 17 MR. REIMON: But that is part of the 18 infrastructure of the whole project. Right? 19 COMMISSIONER ARENCIBIA: If I may, if 20 I could interrupt, maybe you could explain the 21 process here a little bit as to -- you know, right 22 now you're just looking for the subdivision to 23 subdivide the lots and to sell them to developers, 24 and then at some point I guess you'll be coming back 25 with the developers' plans as to what you propose on VERITEXT/NEW JERSEY REPORTING (973) 410-4040 49 1 doing. Right? As long as it's consistent with your 2 plan? 3 MS. RANSOM: Yeah. For the 4 subdivision, consistent with the redevelopment plan 5 that has already been adopted. 6 MR. ARENCIBIA: So once you subdivide 7 and sell it to developers, each one is going to come 8 in individually, or is the redevelopment agency 9 going to be coming back here for each developer? 10 How is that going to work? 11 MS. RANSOM: Yeah. It's anticipated 12 that there will be future subdivision. These are 13 larger parcels within there, and depending on the 14 location and the project, that it may be a 15 particular developer with one of these parcels of 16 land coming in for a further subdivision or 17 depending on the project and the location. 18 COMMISSIONER ARENCIBIA: So really, 19 as long as the developer complies with the 20 redevelopment plan, Bayonne is basically going to 21 approve those developments. Is that correct? 22 MS. RANSOM: Yeah. The redevelopment 23 plan as adopted and amended is the -- governs the 24 development of the site. And as you know with 25 redevelopment plans, there are no -- you can't VERITEXT/NEW JERSEY REPORTING (973) 410-4040 50 1 grant a variance, that the redevelopment -- the 2 site plans, the proposals as well, have to be in 3 conformance with the redevelopment plan that was 4 developed as part of this study that included 5 transportation, modeling, and the study that was 6 developed and tested and adopted as well will need 7 to show conformance with that. 8 COMMISSIONER ARENCIBIA: Do you have 9 a time frame as to this whole process? Because it's 10 a big project. Do you have any projections of 11 buildings, of phases of these projects? 12 MR. JESSUP: I mean, the Peninsula 13 is contemplated to be built out on a 14 district-by-district basis as Ms. Ransom mentioned 15 earlier. 16 CHAIRWOMAN BETTINGER: I'm sorry, can 17 you speak up a little, please. 18 MR. JESSUP: I'm sorry. The 19 Peninsula is planned to be built out on a 20 district-by-district basis. As Ms. Ransom pointed 21 out earlier, there are defined neighborhood 22 districts, and the plan is to literally build 23 district-by-district as we move our way out towards 24 the Peninsula. One of the districts is -- we 25 already have a developer for, as you heard from VERITEXT/NEW JERSEY REPORTING (973) 410-4040 51 1 Ms. Ransom earlier. We had an RFP process and a 2 second designation for a second district. So two of 3 the districts are already in -- are already up and 4 moving towards development at a pretty aggressive 5 schedule. The remaining pieces will sort of come 6 into play as those two developments are finished and 7 keep moving on. 8 MS. RANSOM: And the redevelopment 9 plan as adopted has an expiration date. I'll have 10 to check on the number of years. I believe twenty 11 or thirty years. 12 COMMISSIONER ARENCIBIA: Twenty 13 years? 14 MS. RANSOM: Yeah. 15 CHAIRWOMAN BETTINGER: Long process. 16 MR. JESSUP: Yeah. I mean, they're 17 basically building another city, so it's -- 18 MS. RANSOM: And that's why the 19 subdivision is really a first step in actually 20 taking this planning document, the redevelopment 21 plan, which is the vision and the guidelines to 22 frame the future, and the subdivision is the 23 planning exercise to actually have the parcels to 24 enable us to implement that plan. 25 CHAIRWOMAN BETTINGER: I think it's a VERITEXT/NEW JERSEY REPORTING (973) 410-4040 52 1 little clearer now for the Board. Maybe we can hear 2 from the next expert. 3 MS. RANSOM: Thank you, Chairman. 4 MR. JESSUP: Certainly. And also, if 5 there are any additional questions or concerns 6 regarding the traffic study, etcetera, we do also 7 have an expert that could testify to answer any 8 questions on that. 9 MR. REIMON: That's fine. 10 MR. JESSUP: As my next expert, I'd 11 like to call Timothy Rioux, who is an engineer with 12 LGA Engineering. 13 And Chairwoman, I'd like to qualify 14 Mr. Rizzo as an expert. 15 Can you please state your name, 16 position and company. 17 MR. RIOUX: Yes. My name is Timothy 18 Rioux. I am with LGA Engineering, Incorporated, and 19 I'm an associate. 20 THE COURT REPORTER: Could you spell 21 your last name, please. 22 MR. RIOUX: R-I-O-U-X. 23 MR. JESSUP: And how long have you 24 been with LGA Engineering? 25 MR. RIOUX: A little over five years. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 53 1 MR. JESSUP: And do you hold a 2 professional license in the State of New Jersey? 3 MR. RIOUX: That is correct. 4 MR. JESSUP: What license is that? 5 MR. RIOUX: I hold a professional 6 engineers license in the State of New Jersey. 7 MR. JESSUP: And have you previously 8 appeared before Planning Boards, such as the County 9 Planning Board? 10 MS. RANSOM: Yes. 11 MR. JESSUP: Chairwoman, I'd like to 12 move Mr. Rioux as an expert. 13 CHAIRWOMAN BETTINGER: Yes. Thank 14 you. 15 Counsel, would you like to swear him 16 in, please. 17 MR. CALVANICO: Sure. 18 T I M O T H Y R I O U X, 19 sworn. 20 MR. CALVANICO: Thank you. 21 MR. JESSUP: Mr. Rioux, are you 22 familiar with the redevelopment plan that governs 23 the redevelopment of the Peninsula at Bayonne 24 Harbor? 25 MR. RIOUX: Yes. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 54 1 MR. JESSUP: And are you familiar 2 with the proposed subdivisions, both first and 3 second subdivisions, that are before this Board 4 today? 5 MR. RIOUX: Yes, I am. 6 MR. JESSUP: And what role did you 7 have in preparing those subdivisions? 8 MR. RIOUX: I worked with the 9 committees that prepared the redevelopment plan and 10 the subdivisions primarily looking at the utilities 11 and right-of-ways within the facilities. 12 MR. JESSUP: And can you, on a 13 subdivision-by-subdivision basis, go through and 14 describe for the Board the two subdivisions, details 15 of the two subdivisions. 16 MR. RIOUX: Yes. The first -- if 17 everybody can hear me, the first subdivision divided 18 the land into twelve building districts, three of 19 which are riparian, along the south shoreline, the 20 east end, and the first portion of the north 21 shoreline. And lot number one, that is owned 22 presently by the Coast Guard. The remaining 23 districts, with the exception of Lot 2, which is an 24 out-parcel, are all building districts that are 25 based upon the redevelopment plan. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 55 1 The subsequent second subdivision, 2 subsequent to being accepted by the City of Bayonne, 3 the second subdivision divided these twelve lots 4 into forty-six lots, primarily to establish key 5 right-of-ways so that the Redevelopment Authority 6 can start the process of establishing key utilities 7 within the facility and enable them to further 8 negotiations and prepare for build-out of the 9 facility. 10 MR. JESSUP: Chairwoman and members 11 of the Planning Board, do you have any questions for 12 Mr. Rioux? 13 CHAIRWOMAN BETTINGER: Commissioner 14 Arencibia, do you have any questions or comments? 15 COMMISSIONER ARENCIBIA: Not really. 16 It was pretty clear. The second subdivision, it's 17 really for the city's purposes to designate the 18 streets and right-of-ways for the utilities. Has 19 there been any plans developed yet for those 20 utilities? 21 MR. RIOUX: We've been working in 22 cooperation with all of the local utilities 23 companies, specifically the MUA, Bayonne MUA, PSE&G, 24 Verizon, Cablevision. There has been a lot of 25 conversations and plans that are in the process, but VERITEXT/NEW JERSEY REPORTING (973) 410-4040 56 1 all are based upon phasing of the development of the 2 structure, of the facility. 3 COMMISSIONER ARENCIBIA: Right. And 4 as far as selling these lots out to developers. Is 5 that correct? And the utilities, they really are 6 stuck with what is already proposed by the 7 redevelopment agency. Is that right? Or they can 8 expand on that? 9 MR. RIOUX: Well, the redevelopment 10 plan has specifics as far as what utilities will be 11 in place and things, but at present, we're in the 12 process of, as I said, preparing plans to bring in 13 utilities. The existing infrastructure within isn't 14 sufficient for the build-out, so studies have been 15 done to ensure that there will be adequate utilities 16 within the facility, and for example, that PSE&G can 17 serve the first district, Lot 4, up against Route 18 440 initially without having to bring a full power 19 system out to Lot 10. They've assured us that when 20 the capacity is required, that they will be able to 21 meet that capacity. 22 MR. JESSUP: Right. I think, if I 23 may, it's important to note that the coordination 24 with the utilities is both to meet the specific 25 requirements of the redevelopment plan or the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 57 1 build-out of the Peninsula as specified in the 2 redevelopment plan, and also to the extent we can do 3 so, again, specifically knowing what we know so far 4 about the first two districts that are being 5 planned, to provide those services in cooperation 6 with the anticipated development, the specific plans 7 and details that the known developers have, which of 8 course are in conformance with the redevelopment 9 plan. So there's sort of a common theme of 10 coordination amongst all the parties to not only 11 provide the service that's needed now, but also be 12 building it on a level that will continue to provide 13 the service throughout the rest of the Peninsula. 14 We're not just planning to get electric to the one 15 district and not worry about how we're going to get 16 it the rest of the way out for now. The whole thing 17 is being looked at sort of on a macro level and also 18 on a project-by-project level and being built to 19 anticipate the macro level. 20 COMMISSIONER ARENCIBIA: Right. 21 MR. REIMON: So the question is who 22 is going to build the infrastructure for the whole 23 development? It's going to be the City of Bayonne 24 or it's going to be the developer that buys those 25 lots? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 58 1 MR. RIOUX: The Redevelopment 2 Authority is going to be constructing the primary 3 infrastructure. As the smaller developable lots are 4 built out, the developer will be responsible to 5 take -- 6 MR. REIMON: The right-of-way 7 into -- 8 MR. RIOUX: -- and carry it the rest 9 of the way through that parcel of land. 10 MR. JESSUP: It's a curb-in, 11 curb-out. 12 MR. REIMON: That's right. 13 CHAIRWOMAN BETTINGER: So each 14 developer will appear before us as they proceed with 15 the project? 16 MR. JESSUP: To the extent -- to the 17 extent necessary, absolutely. The idea here is for 18 the BLRA to effectively prep the Peninsula for 19 redevelopment by the developers. To the extent, 20 obviously, that the developer needs to come before 21 the Board based on their own subdivision plans, 22 absolutely, yes, you'll see -- you'll see the 23 detailed plans of development from the developer. 24 Our goal at the LRA was to basically prep the 25 Peninsula for that process so that we could then VERITEXT/NEW JERSEY REPORTING (973) 410-4040 59 1 start conveying pieces of land that are ready for 2 development effectively, and then let the developer 3 from there again do the curb-in work, including 4 appearing before the Board. 5 CHAIRWOMAN BETTINGER: I think it's a 6 little clearer now since when you first started. 7 COMMISSIONER HOLLOWAY: Madam Chair, 8 I have a question. 9 CHAIRWOMAN BETTINGER: Yes. 10 COMMISSIONER HOLLOWAY: What part of 11 the project do you anticipate being built first, 12 what part of the project? 13 MR. RIOUX: I think at present, 14 there's -- 15 COMMISSIONER HOLLOWAY: So you're 16 actually going to go from west to east, not east to 17 west? 18 MR. RIOUX: We're working from west 19 to east. There is a parcel here that's being worked 20 on right now as far as planning the subdivision. 21 And the Redevelopment Authority, as Ms. Ransom said, 22 has gone under contract for this parcel here. We 23 are looking at present and plans are being developed 24 to carry a new water main actually that will come in 25 and through this area to upgrade the capacity. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 60 1 Initially the water main was going to enter back in 2 this area. But we'll have capacity of water and 3 things to meet the demands that are necessary. And 4 obviously, as I said, PSE&G and the other utilities 5 are working with us and have ensured capacity for 6 not only these phases of construction, but for all 7 future phases. 8 COMMISSIONER HOLLOWAY: Thank you. 9 COMMISSIONER DI DOMENICO: Madam 10 Chair, with the new road construction plans, will 11 there be an access road constructed for cruise line 12 passengers or will they share the same roads with 13 the other districts? 14 MR. RIOUX: There will be common 15 roads that will be shared. At present they use the 16 southern shoreline. Everyone uses the southern 17 shore and access to 440, but when access roads open, 18 they'll share. 19 MR. JESSUP: Memorial Boulevard will 20 provide additional access for the cruise 21 passengers. 22 CHAIRWOMAN BETTINGER: Do we have any 23 other comments? 24 MR. CALVANICO: Madam chairwoman, I'd 25 just like to try to clarify a couple of things so VERITEXT/NEW JERSEY REPORTING (973) 410-4040 61 1 that the record is clear. 2 You were just referring to the 3 colored drawing. And I couldn't see 'cause of the 4 way you were standing in the room. 5 MR. RIOUX: I'm sorry. 6 MR. CALVANICO: No, it's not a 7 problem. Did you indicate that Lot 3, the purple on 8 the east -- west end of the project, is the lot 9 that is currently being developed? 10 MR. JESSUP: A portion of Lot 3, 11 that's correct. 12 MR. RIOUX: A portion. 13 MR. CALVANICO: Is that the one that 14 has the designated developer for the whole site or 15 just for part of it? 16 MR. JESSUP: For Lot 3. 17 MR. CALVANICO: For Lot 3. 18 MR. JESSUP: Yes. 19 MR. CALVANICO: Okay. 'Cause someone 20 indicated earlier that there was a designated 21 developer for one phase and a designated developer 22 for part of a second phase. 23 MR. JESSUP: Yeah. I believe that's 24 the reference to a portion of Lot 5. 25 MR. RIOUX: That's correct. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 62 1 MR. CALVANICO: Okay. I just want 2 to -- I'm trying to clear that up. Those 3 particular lots, are they involved with this 4 subdivision tonight? 5 MR. RIOUX: Yes. Yes, they are. 6 MR. CALVANICO: I'm just trying 7 to -- 'cause looking at the applications that the 8 Board has in front of it, application 76-06 9 indicates that the number of existing lots is 10 thirteen and the number of proposed lots is 11 thirty-two. Is that accurate? So can you show us 12 where those thirteen lots are, or do you have a plan 13 indicating the thirty-two that they're going to 14 become? 15 MR. JESSUP: Yeah. The first 16 subdivision is actually into the twelve lots that 17 you actually see in this display. 18 MR. CALVANICO: All right. So just 19 so the record is clear, application 77-06 indicates 20 one lot into twelve. One lot was originally the 21 entire parcel? 22 MR. JESSUP: That's correct. 23 MR. CALVANICO: And the twelve lots 24 that you're seeking it to be subdivided into would 25 be twelve lots as indicated on that drawing? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 63 1 MR. JESSUP: That's correct. Which, 2 as per your request, we'll submit a color version of 3 this for the Board. 4 MR. CALVANICO: Okay. And the second 5 application which the Board has, which is 76-06, 6 indicates a subdivision from thirteen lots into 7 thirty-two lots? 8 MR. JESSUP: Right. It's the twelve 9 lots into the forty-six lots that you see in the 10 second exhibit, which was broken out into several, 11 what I believe has been submitted as part of the 12 application 11-by-17 maps of the proposed second 13 subdivision, which we have extra copies of if you 14 need that, but it's effectively from the twelve to 15 the forty-six. Again, I know this was submitted as 16 part of the application over several pages. 17 MR. CALVANICO: All right. 18 MR. JESSUP: And all of these lots. 19 MR. CALVANICO: Can you just identify 20 the drawing for me, because I can't see the -- what 21 sheet it is. 22 MR. JESSUP: These are actually 23 broken out page-by-page as the actual exhibits. 24 MR. CALVANICO: Those are the 25 forty-six? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 64 1 MR. JESSUP: Yes. 2 MR. RIOUX: I don't think there's 3 enough room to lay them all out. 4 MR. CALVANICO: No, that's okay. 5 MR. JESSUP: They were actually 6 submitted as part of the application, each 7 individual piece here, which in total comes up to 8 the forty-six lots. 9 MR. CALVANICO: Okay. And the 10 forty-six lots are the separate lots that are 11 indicated on this drawing? 12 MR. JESSUP: Yes. 13 MR. CALVANICO: And this drawing is 14 the master site plan? 15 MR. JESSUP: Fact sheets 1, 2, 3. 16 MR. CALVANICO: Sheet 2 of 35, what's 17 the date on it? 18 MR. JESSUP: 8/31/04. 19 MR. CALVANICO: 8/31/04. Okay. 20 Oh, one other thing, Madam Chairlady. 21 CHAIRWOMAN BETTINGER: Yes. 22 MR. CALVANICO: Most of these 23 projects will probably not come back before this 24 County Board unless there are subdivisions involved, 25 because it's not fronting on any County road and VERITEXT/NEW JERSEY REPORTING (973) 410-4040 65 1 doesn't affect our trading system. So for the most 2 part, it will be handled in Bayonne. 3 COMMISSIONER CHOFFO: I did have a 4 question in regard to that, Mr. Calvanico. I do 5 expect -- and the only reason I'm asking this is 6 because if there is going to be additional 7 subdivisions, major, they'll be coming in front of 8 us. Do you expect any of these developers to come 9 in and do additional subdivisions of these lots 10 we're voting on now? 11 MR. JESSUP: Yes, we do anticipate 12 additional subdivision on a developer-by-developer 13 basis. 14 COMMISSIONER CHOFFO: Major 15 subdivisions? 16 MR. JESSUP: Yes. 17 COMMISSIONER CHOFFO: We would just 18 like to know what we're talking about for the future 19 when they then come in front of us. 20 MR. JESSUP: Right. Absolutely. 21 CHAIRWOMAN BETTINGER: Mr. Marks? 22 MR. MARKS: Madam Chair, I was just 23 going to reiterate a comment that Tom Calvanico, the 24 attorney, had made. This application by the BLRA is 25 here this evening in accordance with New Jersey VERITEXT/NEW JERSEY REPORTING (973) 410-4040 66 1 Statute 40:27-6.3 for -- as a subdivision. It 2 currently does not impact any County roads or 3 bridges or any County drainage facilities. And 4 according to the testimony of Ms. Ransom, all city 5 streets or all dedicated right-of-ways will become 6 Bayonne municipal streets, not County 7 right-of-ways. Therefore, future subdivisions would 8 come back before this Board, but the actual site 9 plans for those subdivisions would not. 10 CHAIRWOMAN BETTINGER: Okay. Any 11 other comment? 12 (No response.) 13 Do I have a motion to approve this 14 application? 15 COMMISSIONER DI DOMENICO: I'll move. 16 COMMISSIONER HOLLOWAY: I'll second 17 it. 18 MR. MARKS: Madam Chair, this is for 19 the first application, which is SD-76-06, made by 20 Commissioner DiDomenico and seconded by Commissioner 21 Holloway. 22 Commissioner Arencibia? 23 COMMISSIONER ARENCIBIA: Aye. 24 MR. MARKS: Commissioner Choffo? 25 COMMISSIONER CHOFFO: I think it's an VERITEXT/NEW JERSEY REPORTING (973) 410-4040 67 1 excellent position for Bayonne to be in, and I look 2 forward to the future of Bayonne coming in front of 3 us, and I vote aye. 4 MR. MARKS: Commissioner DiDomenico? 5 COMMISSIONER DI DOMENICO: I'd like 6 to thank the team for the excellent presentation and 7 wish them the best in this very exciting project. I 8 vote aye. 9 MR. MARKS: Commissioner 10 Fitzgibbons? 11 COMMISSIONER FITZGIBBONS: It's a 12 good project. I hope I'll be around to see the end 13 of it. I vote aye. 14 MR. MARKS: Commissioner Holloway? 15 COMMISSIONER HOLLOWAY: Aye. 16 MR. MARKS: Madam Chair? 17 CHAIRWOMAN BETTINGER: It's a 18 wonderful project for the City of Bayonne and Hudson 19 County, and I hope when you have ground-breaking, 20 you'll include this Planning Board so that we can 21 visually see for ourselves what is going to happen, 22 and I vote aye. 23 MR. MARKS: Madam Chair the motion 24 passed for the first application. 25 May I read the second application? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 68 1 CHAIRWOMAN BETTINGER: Please. 2 MR. MARKS: For application SD-77-06, 3 Bayonne LRA, Block 404, Lot 1. It was actually in 4 reverse order. The 77 should have come before the 5 76. That was the way it was logged in. 6 COMMISSIONER DI DOMENICO: I'll move. 7 CHAIRWOMAN BETTINGER: Do I have a 8 second? 9 COMMISSIONER HOLLOWAY: Second. 10 MR. MARKS: Madam Chair, on a motion 11 to approve SD-77-06 made by Commissioner DiDomenico, 12 seconded by Commissioner Holloway. 13 Commissioner Arencibia? 14 COMMISSIONER ARENCIBIA: Aye. 15 MR. MARKS: Commissioner Choffo? 16 COMMISSIONER CHOFFO: Aye. 17 MR. MARKS: Commissioner DiDomenico? 18 COMMISSIONER DI DOMENICO: Aye. 19 MR. MARKS: Commissioner Holloway? 20 COMMISSIONER HOLLOWAY: Aye. 21 MR. MARKS: Commissioner 22 Fitzgibbons? 23 COMMISSIONER FITZGIBBONS: Aye. 24 MR. MARKS: Chairwoman Bettinger? 25 CHAIRWOMAN BETTINGER: Aye. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 69 1 Good luck. 2 MR. JESSUP: Thank you. 3 MR. RIOUX: Thank you. 4 MR. MARKS: Madam Chair, the next 5 application scheduled for public hearing is 6 SP-81-06, K. Hovnanian at Port Imperial, Block 7 168.01, Lot 7.11, in West New York. 8 Madam Chair, I did speak with the 9 attorney, Joe Daly from Weiner Lesniak, on this 10 application. Their expert witnesses were on 11 vacation and were not available. I don't have a 12 letter from him in the packages, but he requested 13 that this matter be tabled until next month. 14 CHAIRWOMAN BETTINGER: Do I have a 15 motion to table this application? 16 COMMISSIONER HOLLOWAY: Motion. 17 COMMISSIONER FITZGIBBONS: Second. 18 MR. MARKS: Madam Chair, on a motion 19 to table SP-81-06 made by Commissioner Holloway, 20 seconded by Commissioner Fitzgibbons. 21 Commissioner Arencibia? 22 COMMISSIONER ARENCIBIA: Aye. 23 MR. MARKS: Commissioner Choffo? 24 COMMISSIONER CHOFFO: Aye. 25 MR. MARKS: Commissioner DiDomenico? VERITEXT/NEW JERSEY REPORTING (973) 410-4040 70 1 COMMISSIONER DI DOMENICO: Aye. 2 MR. MARKS: Commissioner 3 Fitzgibbons? 4 COMMISSIONER FITZGIBBONS: Aye. 5 MR. MARKS: Commissioner Holloway? 6 COMMISSIONER HOLLOWAY: Aye. 7 MR. MARKS: And Madam Chair? 8 CHAIRWOMAN BETTINGER: Aye. 9 MR. MARKS: The motion passed, Madam 10 Chair. 11 The next application scheduled for 12 public hearing is SD-82-06, Cathartes Holdings, LLC, 13 located at Block 1772, Lots S3 and 88 in Jersey 14 City. 15 CHAIRWOMAN BETTINGER: Good evening. 16 MR. HARRINGTON: Good evening, Madam 17 Chairwoman, Commissioners. Charles Harrington of 18 Connell Foley on behalf of the Applicant. 19 This is a major subdivision because 20 we are creating more than three lots. And we are 21 creating streets as well as part of this. So that's 22 why the County Planning Board has jurisdiction over 23 this. I submit, though, it does not affect any 24 County drainage and it does not front any County 25 roads. But with that said, I'll give a summary of VERITEXT/NEW JERSEY REPORTING (973) 410-4040 71 1 what we're proposing here as part of the subdivision 2 and the overall development. 3 It's a major subdivision that took 4 two existing lots, and we're proposing to create ten 5 lots. Of those ten lots, four are to be dedicated 6 to public rights-of-way, which will eventually be 7 dedicated to the City of Jersey City as public 8 streets. 9 The purpose of the subdivision is to 10 facilitate a new development in what's called the 11 Water Street Redevelopment Area in Jersey City. It 12 will -- it is proposing 112 units, which will 13 include 88 units in loft-style buildings and an 14 additional 24 units in town-house-style units. 15 If you're familiar -- I'm sure 16 you're familiar with the area, but this is located 17 on Claremont Avenue and Mallory Avenue. There's an 18 existing construction going on right now that has a 19 town-house-style and loft-style buildings that's 20 being built by my client, Anderson Tech Homes. The 21 proposed development will mimic those. This is 22 located between Claremont Avenue and Yale Avenue 23 pretty close to 440, and then a portion of it will 24 jut out to Yale -- to Clark Avenue, I'm sorry. 25 Just to give you an overview, for the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 72 1 record, I'm referring to Sheet SD-1 as part of your 2 packages. This was the overall entire lot here. 3 There was just a small lot, S1, which is the second 4 lot as part of the application. So it's really, you 5 know, the larger lot that we're concerned with. The 6 gray area, they're all going to be dedicated 7 roadways. It will be a continuation of Yale Avenue 8 down here, and it will turn down onto Claremont 9 Avenue. That's part of the overall plan from the 10 Jersey City Planning Department to create some 11 streets that cut through so we don't have those long 12 expansive streets down along 440. If you go in that 13 area, I believe actually Clark Avenue is a good 14 example of that, as it starts from Mallory and it 15 goes all the way down to 440. 16 These two lots, track three, those 17 will be a five-story loft-style apartment building. 18 It will have 44 units, residential units within that 19 building and 40 parking spaces. A similar type 20 building will be proposed on track two with 44 21 residential units and 40 parking spaces inside the 22 building. Over here on what's identified as track 23 six will be town homes. They will be fronting along 24 the extension of Yale Avenue. And then there will 25 also be a few town homes that will front along Clark VERITEXT/NEW JERSEY REPORTING (973) 410-4040 73 1 Avenue, and they will have parking in the back. So 2 it will have, you know, the street frontage that 3 hopefully will be similar to the existing 4 development in the area. 5 We did receive local approvals from 6 the Jersey City Planning Board for both the 7 subdivision and the site plan in May of this year. 8 Again, we're coming before you to seek approval of 9 the major subdivision. And, you know, if you have 10 any questions, I can address those. 11 CHAIRWOMAN BETTINGER: Do you have 12 any comments, Commissioner Arencibia? 13 COMMISSIONER ARENCIBIA: This part of 14 the Jersey City Master Plan is consistent with the 15 master plan? 16 MR. HARRINGTON: It's part of what's 17 called the Water Street Redevelopment Area, so it 18 conforms with all the zoning requirements. 19 CHAIRWOMAN BETTINGER: Any other 20 questions? 21 (No response.) 22 No? Okay. Do I have a motion to 23 approve this application? 24 COMMISSIONER CHOFFO: I'll make a 25 motion. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 74 1 CHAIRWOMAN BETTINGER: Do I have a 2 second? 3 COMMISSIONER HOLLOWAY: Second. 4 MR. MARKS: Madam Chair, on a motion 5 to approve application SD-82-06 made by Commissioner 6 Choffo, seconded by Commissioner Holloway. 7 Commissioner Arencibia? 8 COMMISSIONER ARENCIBIA: Aye. 9 MR. MARKS: Commissioner Choffo? 10 COMMISSIONER CHOFFO: Aye. 11 MR. MARKS: Commissioner DiDomenico? 12 COMMISSIONER DI DOMENICO: Aye. 13 MR. MARKS: Commissioner 14 Fitzgibbons? 15 COMMISSIONER FITZGIBBONS: Aye. 16 MR. MARKS: Commissioner Holloway? 17 COMMISSIONER HOLLOWAY: Aye. 18 MR. MARKS: And Chairwoman 19 Bettinger? 20 CHAIRWOMAN BETTINGER: Aye. Good 21 luck. 22 MR. HARRINGTON: Thank you. My plan 23 held up. 24 CHAIRWOMAN BETTINGER: The next item 25 on tonight's agenda will be some old business. Do VERITEXT/NEW JERSEY REPORTING (973) 410-4040 75 1 we have any old business? 2 MR. MARKS: No old business here, 3 Madam Chair. Oh, actually, I do have a follow-up. 4 Just ten seconds or less. 5 The revised Planning Board 6 application fee schedule and escrow deposit schedule 7 was forwarded after the last meeting to the 8 Freeholder Board for their consideration, and I am 9 happy to report, I don't want to steal the 10 Freeholders' thunder, but I'm happy to report that 11 the recommendations of this Board were heeded and 12 approved by the Freeholder Board. So we have a new 13 application schedule. If you see, I give you copies 14 of all the correspondence that goes out, and a good 15 deal of the correspondence includes requests that 16 applicants submit the proper and correct escrow fees 17 and application fees. They usually -- many 18 applicants make errors and they're not often in our 19 favor. I don't think they're ever in our favor. 20 And I'm usually -- I don't like to be a collection 21 agency, but usually we have to chase down applicants 22 to submit the proper escrow fee. Mr. Bertin, who 23 was here before, is a knowledgeable and educated 24 person, and even being so, he was -- he made an 25 error on that one application, which tells you it VERITEXT/NEW JERSEY REPORTING (973) 410-4040 76 1 wasn't the easiest fee schedule to follow. 2 So I think the new revised fee 3 schedule will make things a lot easier. 4 COMMISSIONER DI DOMENICO: Madam 5 Chair, the Freeholders passed it unanimously and 6 were very impressed and reacted favorably for the 7 incentives for green buildings. There was some 8 commentary on that. 9 CHAIRWOMAN BETTINGER: Thank you. 10 MR. CALVANICO: Madam Chairlady, if I 11 might, just a brief update on one of the projects 12 that's kind of been hanging around, the FDP project 13 on Secaucus Road in Jersey City. 14 We've had some concerns about them 15 beginning operations before we've resolved the issue 16 of their payment for the pump station, which is 17 still an open issue. We're continuing to pursue 18 that. 19 In the meantime, the Engineer's 20 Office, Mr. Arencibia, discovered some construction 21 work going on adjacent to the creek in the last 22 couple of weeks. So we've been in contact with the 23 Meadowlands Commission, who has the zoning authority 24 over this property, and they've indicated that 25 they've already filed complaints. They're on appeal VERITEXT/NEW JERSEY REPORTING (973) 410-4040 77 1 waiting for a date at the Administrative Office of 2 the Courts. So that's going on. 3 In the meantime, we're pursuing other 4 avenues, the soil conservation district and EPA and 5 other areas, because this property owner is just 6 proceeding without, you know, responding to any of 7 us, and he doesn't -- he hasn't complied with the 8 conditions of our resolution, he hasn't complied 9 with the zoning conditions from the Meadowlands 10 Commission, and he just continues to operate. So 11 we're going to see what we can do in terms of 12 enforcement. 13 CHAIRWOMAN BETTINGER: What recourse 14 do we have? 15 MR. CALVANICO: Well, that's what 16 we're looking at now. We're trying to find some way 17 that we can get the -- because they're operating on 18 what was a temporary driveway. Mr. Arencibia 19 will -- 20 COMMISSIONER ARENCIBIA: Yeah. I was 21 just going to ask you. When we approve the 22 projects, is there a way to rescind an approval 23 through the Planning Board. Like if they don't 24 comply with the requirements of the approval, should 25 we take a vote and rescind the approval? Is that VERITEXT/NEW JERSEY REPORTING (973) 410-4040 78 1 possible? 2 MR. CALVANICO: I don't know. I 3 mean, I'll take a look at that question. There's 4 got to be -- I'm sure there's some way. 5 COMMISSIONER ARENCIBIA: At some 6 point. 7 COMMISSIONER HOLLOWAY: I think there 8 should be some kind of recourse when we put an 9 approval on a project that they should follow 10 through with it. 11 CHAIRWOMAN BETTINGER: Absolutely. 12 COMMISSIONER HOLLOWAY: There should 13 be some kind of recourse. 14 COMMISSIONER ARENCIBIA: I sent a 15 photo -- I took a photo of what they were doing 16 along Penhorn Creek, and it's really in my opinion 17 reckless, 'cause they totally disturbed the bank 18 along the creek, at least along their property, and 19 it's all loosened soil that will wash away in the 20 storm. So it's really -- 21 CHAIRWOMAN BETTINGER: Can we have 22 the Sheriff's Department stop the project? 23 MR. CALVANICO: Well, that's what the 24 Meadowlands Commission did. They issued a stop work 25 order and they immediately filed an appeal in the VERITEXT/NEW JERSEY REPORTING (973) 410-4040 79 1 courts, and we got a stay in the courts pending the 2 hearing. So we don't have that authority under the 3 statute to do that with the Sheriff. But that's why 4 we're looking at what other agencies might have some 5 enforcement authority and see if we can have the 6 project stopped and in that way achieve the same 7 purpose. 8 MR. TRIDENTE: Tom, what about the 9 local municipal construction official, doesn't he 10 have jurisdiction? 11 MR. CALVANICO: No. 12 COMMISSIONER ARENCIBIA: We 13 complained to the right authority, it was the 14 Meadowlands Commission, because they oversee the 15 drainage of the district, so -- and they're really 16 disturbing the creek. And they're really the ones 17 that have the authority. 18 MR. CALVANICO: I don't know if they 19 had to get building permits from the City of Jersey 20 City. I don't think so. I think the Meadowlands 21 handles that. 22 COMMISSIONER FITZGIBBONS: Can the 23 County sue them? 24 MR. CALVANICO: Well, that's a whole 25 different issue. VERITEXT/NEW JERSEY REPORTING (973) 410-4040 80 1 COMMISSIONER FITZGIBBONS: Because 2 they went against the approval from this Board and 3 they're doing what they want to do. Actually they 4 falsified their approval. Actually it's false 5 statements. 6 CHAIRWOMAN BETTINGER: If we have no 7 recourse, why are we sitting here. 8 COMMISSIONER HOLLOWAY: I was getting 9 ready to say that. 10 MR. REIMON: Don't they have a permit 11 from the DEP also? 12 MR