1 1 HUDSON COUNTY PLANNING BOARD 2 IN RE: ) ) TRANSCRIPT OF 3 MONTHLY MEETING ) PROCEEDINGS: ) 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) Administration Annex 5 567 Pavonia Avenue Freeholders Chambers 6 Jersey City, New Jersey Wednesday, March 16, 2005 7 7:00 p.m. 8 B E F O R E: 9 MICHAEL HOLLOWAY, CHAIRMAN 10 RENEE BETTINGER, COMMISSIONER 11 MARY AVAGLIANO, COMMISSIONER 12 RUSHABH MEHTA, COMMISSIONER 13 DANIEL CHOFFO, COMMISSIONER 14 BORIVOJ JASEK, COMMISSIONER 15 A L S O P R E S E N T: 16 ARTHUR GLATMAN, ESQ., Board Attorney 17 STEPHEN MARKS, Board Secretary 18 19 Reported By: 20 MICHELLE GRUENDEL, C.S.R. 21 22 REPORTING SERVICES ARRANGED THROUGH VERITEXT/NEW JERSEY REPORTING COMPANY, L.L.C. 23 Kabot Battaglia & Hammer Suburban Shorthand Waga and Spinelli Arthur J. Frannicola CSR 24 25B Vreeland Road Florham Park, New Jersey 07932 25 Tel: 973-410-4040 Fax: 973-410-1313 2 1 CHAIRMAN HOLLOWAY: Meeting called to 2 order. 3 Arthur, does this meeting comply with the 4 Open -- 5 MR. GLATMAN: The Board Secretary has 6 complied with the Sunshine Law and there's been 7 proper publication as required by law. 8 CHAIRMAN HOLLOWAY: Can we please rise 9 and Salute the Flag? 10 (Flag Salute takes place.) 11 CHAIRMAN HOLLOWAY: Review and 12 adoption of the minutes from February 16th, 2004. 13 COMMISSIONER JASEK: I make a motion 14 to adopt the minutes. 15 COMMISSIONER MEHTA: I will second. 16 MR. MARKS: Mr. Chairman, on a motion 17 made by Commissioner Jasek and seconded by 18 Commissioner Mehta: 19 Commissioner Avagliano? 20 COMMISSIONER AVAGLIANO: I vote aye. 21 MR. MARKS: Commissioner Bettinger? 22 COMMISSIONER BETTINGER: Aye. 23 MR. MARKS: Commissioner Choffo? 24 COMMISSIONER CHOFFO: Abstain. 25 MR. MARKS: And Chairman Holloway? 3 MONTHLY MEETING 1 CHAIRMAN HOLLOWAY: Aye. 2 MR. MARKS: Mr. Chairman, the motion 3 passed. 4 We skipped ahead in the Agenda for a second. 5 The roll call, if I could just get -- 6 CHAIRMAN HOLLOWAY: Yes. I'm sorry. 7 MR. MARKS: -- the official roll call. 8 CHAIRMAN HOLLOWAY: Sorry. 9 MR. MARKS: Commissioner Avagliano? 10 COMMISSIONER AVAGLIANO: Here. 11 MR. MARKS: Commissioner Bettinger? 12 COMMISSIONER BETTINGER: Here. 13 MR. MARKS: Commissioner Choffo? 14 COMMISSIONER CHOFFO: Here. 15 MR. MARKS: Commissioner Jasek? 16 Commissioner Dublin is not here. 17 Commissioner Fitzgibbons is not present. 18 Commissioner Jasek? 19 COMMISSIONER JASEK: Here. 20 MR. MARKS: Commissioner Liggio is not 21 present. 22 Commissioner Mehta? 23 COMMISSIONER MEHTA: Here. 24 MR. MARKS: And Chairman Holloway? 25 CHAIRMAN HOLLOWAY: Here. 4 MONTHLY MEETING 1 MR. MARKS: Mr. Chairman, we have a 2 quorum. 3 CHAIRMAN HOLLOWAY: Thank you. 4 At this time is there any public comment on 5 the Agenda items? 6 Okay, no. 7 Steve, if you may. 8 MR. MARKS: Mr. Chairman, on the 9 memorialization of resolutions approved at last 10 meeting: SP-112-04, Laundry Fresh of North Bergen, 11 LLC, 6113-6115 Kennedy Boulevard, North Bergen; 12 SP/SD-05-05, KN Assets, LLC, 1192-1198 Kennedy 13 Boulevard, Bayonne; SP-06-05, Peter Slifirski at 119 14 Garden Street in Hoboken; and SP-12-05, Silver Star 15 Development, Inc., 725 Kennedy Boulevard, North 16 Bergen. 17 CHAIRMAN HOLLOWAY: Can I get a 18 motion? 19 COMMISSIONER MEHTA: I will make a 20 motion. 21 COMMISSIONER BETTINGER: I'll second 22 the motion. 23 MR. MARKS: Mr. Chairman, on a motion 24 made by Commissioner Mehta and seconded by 25 Commissioner Bettinger: 5 MONTHLY MEETING 1 Commissioner Avagliano? 2 COMMISSIONER AVAGLIANO: Aye. 3 MR. MARKS: Commissioner Choffo? 4 COMMISSIONER CHOFFO: Abstain. 5 MR. MARKS: Commissioner Jasek? 6 COMMISSIONER JASEK: Aye. 7 MR. MARKS: Commissioner -- and 8 Chairman Holloway? 9 CHAIRMAN HOLLOWAY: Aye. 10 MR. MARKS: Mr. Chairman, the motion 11 passes. 12 CHAIRMAN HOLLOWAY: Thank you. 13 MR. MARKS: Mr. Chairman, on number 6B 14 on the Agenda, applications declared to be exempt, we 15 have SP-16-05, Isabel Terrace Condominium at 124 68th 16 Street in Guttenberg; SP-18-05, New Cingular Wireless 17 PCS, LLC at 101 Linden Avenue East in Jersey City; 18 SP-19-05, New Cingular Wireless PCS, LLC at 19 Bergenline and 12th Street in Union City; and 20 SP-20-05, New Cingular Wireless PCS, LLC at 336 4th 21 Street in Jersey City. 22 COMMISSIONER CHOFFO: I'll make a 23 motion to declare these applications exempt. 24 COMMISSIONER AVAGLIANO: I'll second 25 it. 6 MONTHLY MEETING 1 MR. MARKS: Mr. Chairman, on a motion 2 made by Commissioner Choffo and seconded by 3 Commissioner Avagliano: 4 Commissioner Bettinger? 5 COMMISSIONER BETTINGER: Aye. 6 MR. MARKS: Commissioner Jasek? 7 COMMISSIONER JASEK: Aye. 8 MR. MARKS: Commissioner Mehta? 9 COMMISSIONER MEHTA: Aye. 10 MR. MARKS: And Chairman Holloway? 11 CHAIRMAN HOLLOWAY: Aye. 12 MR. MARKS: Mr. Chairman, the motion 13 passed. 14 CHAIRMAN HOLLOWAY: Thank you. 15 MR. MARKS: Mr. Chairman, on section 16 6C of the Agenda, Site Plans and Subdivisions 17 scheduled for Public Hearing, we have SP-09-05, Alex 18 Tullo, applicant, at 1506 Paterson Plank Road, North 19 Bergen. 20 MR. PALUS: Good evening. My name is 21 John Palus with Dynamic Engineering. I represent the 22 applicant, Alex Tullo, of Keel Avenue Associates. 23 JOHN A. PALUS, PE, PP, having been first duly sworn 24 according to law, testified as follows: 25 MR. GLATMAN: What's your position 7 MONTHLY MEETING 1 with the applicant? 2 MR. PALUS: I am the engineer. I 3 prepared the plot plan. It's -- 4 MR. GLATMAN: Could you give us your 5 background so we can qualify you as an expert? 6 MR. PALUS: Certainly. 7 I have a Bachelors in Civil Engineering from 8 Rutgers University. I have a Masters in Civil 9 Engineering from Rutgers University. I have been 10 employed in Civil Engineering for the past 11 years. 11 I'm a principal of Dynamic Engineering. I've 12 testified before over 75 various planning boards and 13 zoning boards throughout the State of New Jersey 14 primarily for commercial and residential 15 developments. 16 MR. GLATMAN: Is the Board satisfied? 17 COMMISSIONER AVAGLIANO: It's okay. 18 Satisfied. 19 CHAIRMAN HOLLOWAY: Yes. 20 MR. PALUS: Briefly, we have an 21 existing service station. It's a Getty Service 22 Station, four bay, two pump islands located out in 23 the front. This is off Paterson Plank Road in North 24 Bergen. 25 The applicant is simply looking to construct 8 MONTHLY MEETING 1 a 24 foot by 24 foot area canopy over dispensers. By 2 constructing it in the location over the dispensers, 3 it will have an approximately seven-and-a-half foot 4 setback from the Paterson Plank Road right-of-way, so 5 the structure will be up in the air. It will be 6 seven-and-a-half feet back, approximately, from the 7 right-of-way, so there will be no encroachment within 8 the county right-of-way. It will have no impact in 9 the traffic circulation. There will be four 320 watt 10 fixtures affixed to the bottom of the canopy, similar 11 to what you'd see elsewhere, but other than that, 12 there's -- the applicant's not proposing anything 13 else. 14 I have photos of the site. I have the 15 exhibit. I don't know if you want me to go through 16 all of that. 17 CHAIRMAN HOLLOWAY: Could you show -- 18 COMMISSIONER AVAGLIANO: I'd like to 19 see it. 20 MR. PALUS: Sure. 21 CHAIRMAN HOLLOWAY: Could you show 22 it? 23 MR. PALUS: If you need to mark these, 24 those are just six photos of the site. 25 MR. GLATMAN: I'll mark these, three 9 MONTHLY MEETING 1 pages of six photos, I'll mark them A-1 through A-3. 2 MR. PALUS: This location of the 3 property north would be to the right of the page. 4 Paterson Plank Road is located, the east side of the 5 property. This is the existing 2,700 square foot, 6 four bay Getty Station. The grade increases as you 7 go to the west, which also, I believe there's a 8 shopping center up the hill. This is all commercial 9 and office down Paterson Plank Road. The two 10 existing pump islands are located on the east side of 11 the property. The canopy will go over there and has 12 approximately a seven-and-a-half foot setback. 13 Parking is located at the northwest corner of the 14 site. There's no changes to traffic circulation. 15 CHAIRMAN HOLLOWAY: Can I ask you a 16 question? 17 The drainage, is that a flat roof? 18 MR. PALUS: The canopy, yes, it is. 19 CHAIRMAN HOLLOWAY: Flat roof. 20 The drainage coming off, the water coming 21 down, do you have a main -- 22 MR. PALUS: Typically, it shoots right 23 down through the canopy and then shoots -- flows off 24 the sides, but there's no increase in impervious 25 coverage. 10 MONTHLY MEETING 1 CHAIRMAN HOLLOWAY: Any more 2 questions? 3 Jasek. 4 COMMISSIONER JASEK: Mr. Chairman, I 5 don't have a question. 6 This project, I understand, was involved in 7 the Plan Review Committee. The only concern was the 8 canopy does not encroach to the county right-of-way. 9 The applicant stated the canopy will be 10 seven-and-a-half feet away from the county 11 right-of-way, which satisfy the requirements. 12 COMMISSIONER AVAGLIANO: Was there 13 ever a canopy there before? Any part? No? 14 MR. PALUS: Not to my knowledge. 15 COMMISSIONER AVAGLIANO: That's really 16 necessary? 17 MR. PALUS: This day and age, from 18 protection of the elements, and also the lighting. 19 It certainly is an added attraction. Personally, I 20 tend to stay away from service stations that don't 21 have a canopy because they seem to be outdated. 22 Plus, you know, if it's at night, you have concerns 23 regarding security, and then if it's raining or 24 snowing, it's -- there's no reason to have your 25 windows open and getting wet. 11 MONTHLY MEETING 1 CHAIRMAN HOLLOWAY: If there's no more 2 questions, can we get a motion? 3 COMMISSIONER BETTINGER: I'll make a 4 motion to approve this application. 5 CHAIRMAN HOLLOWAY: I second it. 6 MR. MARKS: Mr. Chairman, on a motion 7 made by Commissioner Bettinger and seconded by 8 Chairman Holloway: 9 Commissioner Avagliano? 10 COMMISSIONER AVAGLIANO: I vote aye. 11 It's an improvement and adds class to the gas 12 station. 13 MR. MARKS: Commissioner Choffo? 14 COMMISSIONER CHOFFO: I vote aye. 15 MR. MARKS: Commissioner Jasek? 16 COMMISSIONER JASEK: Aye. 17 MR. MARKS: Commissioner Mehta? 18 COMMISSIONER MEHTA: Aye. 19 MR. MARKS: And Chairman Holloway? 20 CHAIRMAN HOLLOWAY: Aye. 21 MR. MARKS: You second? 22 CHAIRMAN HOLLOWAY: Yeah. 23 MR. MARKS: Mr. Chairman, the motion 24 passes. 25 CHAIRMAN HOLLOWAY: Thank you. 12 MONTHLY MEETING 1 MR. PALUS: Thank you, very much. 2 MR. GLATMAN: Why don't you keep 3 possession of the photographs that you have. 4 MR. PALUS: I have an extra set, so 5 whichever. You want me to take them? 6 MR. MARKS: No. I'll -- 7 MR. GLATMAN: We'll keep them. 8 MR. PALUS: Okay. 9 MR. MARKS: Mr. Chairman, next on the 10 Agenda is SD-14-05, Perimeter Properties, LLC at 11 600-604 Newark Street in Hoboken. 12 MR. MATULE: Good evening, ladies and 13 gentlemen. Robert Matule, M-A-T-U-L-E, appearing on 14 behalf of the applicant, Perimeter Properties. 15 We have the architect for the applicant with 16 us tonight, Bruce Stieve, from Dean Marchetto 17 Architects. Mr. Stieve has previously appeared 18 before this Board and has been qualified as an expert 19 witness in the field of architecture. We can run 20 through his qualifications again, if you'd like, or 21 if you would want to waive qualifications -- 22 CHAIRMAN HOLLOWAY: We still have to 23 swear him. 24 MR. GLATMAN: We can waive the 25 qualifications. 13 MONTHLY MEETING 1 BRUCE STIEVE, AIA, having been first duly sworn 2 according to law, testified as follows: 3 MR. MATULE: Mr. Stieve, could you be 4 good enough to describe for the Board Members the 5 proposed building that the applicant wishes to 6 construct at 600-604 Newark Street in Hoboken? 7 MR. STIEVE: Yes, I would. 8 The project is a seven-story building. It's 9 located on Block 7, and that is on, it's located on 10 Newark Street at the intersection of Newark and 11 Monroe. It's also sandwiched between Newark and 12 Observer. To the west of the site is an 11-story 13 building known as The Hoboken Grounds, and to the 14 east of the site is a 13-story building known as -- 15 we have some photographs -- The Skyline Building. 16 This is The Hoboken Grand, this is The Skyline 17 Building, and this is the proposed site located in, 18 its kind of located right between the two buildings. 19 The site is zoned for industrial use, and we 20 went before the Hoboken Zoning Board and received 21 variances to convert the site to residential use. 22 We're proposing 100 percent lot coverage on 23 the first floor where we will have 15 parking spaces 24 and a lobby, and then we're proposing six floors 25 above that with two residential units on each floor. 14 MONTHLY MEETING 1 I'll show you. This is the first floor plan where 2 you can see the 15 parking spaces and the residential 3 lobby, and there's also some mechanical use on that 4 floor as well, and then a typical floor plan above 5 would have two residential units per floor. The 6 residential floor plan covers approximately a little 7 more than 75 percent of the site. 8 MR. MATULE: Have you had an 9 opportunity to review Mr. Marks' letter of March 10th 10 wherein he raised certain issues with respect to the 11 plan review? 12 MR. STIEVE: I have. 13 These were raised, and those issues were, one 14 was to obtain an encroachment agreement for the 15 concrete planters. There actually are landscaped 16 planters along Newark Street and also along Monroe 17 Street that encroach into the sidewalk. However, 18 they're not concrete. They have a concrete curb and 19 decorative wrought iron fence and then planting 20 behind that, and I believe that we would comply with 21 obtaining those encroachment agreements. 22 In addition, he asked us to use a jade type 23 curb piece and 10 inches of hot asphalt mix, and, 24 again, we would comply with that request. 25 He also asked that we provide drainage 15 MONTHLY MEETING 1 calculations for the site. The site is going to be 2 100 percent coverage. All of the drainage will 3 happen inside the building, and we will comply with 4 whatever requirements the North Hudson Sewerage 5 Authority are for on site storm water retention and 6 things of that nature, so as the project progresses 7 and we get more in-depth in the construction aspects 8 of the building and how we're going to achieve those 9 storm water retentions, we would be happy to provide 10 those calculations. 11 MR. MATULE: Is the applicant, to your 12 knowledge, going to be replacing the sidewalks around 13 the perimeter of the building? 14 MR. STIEVE: Yes. 15 All of the sidewalks adjacent to our property 16 and curbing adjacent to the property will be replaced 17 with the new. 18 I'd also like to quickly show you -- this is 19 a rendering of the actual building that we prepared. 20 Again, this building is The Hoboken Grand, this 21 building is The Skyline Building, and this building 22 that you see here is the seven-story residential 23 building that we're proposing, so we believe that 24 this is going to be a really nice enhancement to this 25 neighborhood. It sort of fills in a gap between 16 MONTHLY MEETING 1 these two buildings, and that's -- 2 COMMISSIONER AVAGLIANO: Excuse me. 3 Has this been approved by the Hoboken Planning 4 Board? 5 MR. STIEVE: Yes. 6 MR. MATULE: Hoboken Zoning Board of 7 Adjustment has approved it. We've gotten preliminary 8 site plan approval and zoning variances because it's 9 in the I-1 Zone. We had to get a use variance to 10 have residential in the I-1 Zone. 11 MR. STIEVE: And a few bulk variances. 12 MR. MATULE: And just for the record, 13 I could be in touch with Mr. Jasek with respect to 14 the metes and bounds perimeters for the planter 15 easement. I can have the architect prepare them and 16 forward them on to you. 17 COMMISSIONER JASEK: That's correct, 18 Mr. Chairman, because of the planters which are on 19 the Avenue, which is county road, they're encroaching 20 into the county right-of-way, so we need to deal with 21 that the same way like we did with the previous 22 project. The applicant has to submit to our office 23 the plan and the survey of the property. I will 24 present that to the Freeholders and they will 25 consider it, consider approving that easement. 17 MONTHLY MEETING 1 MR. MATULE: I have nothing further, 2 unless any of the Board Members or the attorney or 3 engineer have any specific questions. 4 CHAIRMAN HOLLOWAY: Any questions? 5 MR. MARKS: Mr. Chairman, on the 6 application it said that there were 15 parking 7 spaces, but at the Site Plan Committee we counted up, 8 I believe 12 or 13. 9 COMMISSIONER AVAGLIANO: 12 units? 12 10 units? 11 MR. STIEVE: There are 13 spaces. 12 CHAIRMAN HOLLOWAY: I didn't hear what 13 you said. 14 They what? 15 MR. STIEVE: There are 13 spaces 16 shown, but two spaces are going to be tandem spaces, 17 so we'll be able to park 15 cars in the building. 18 MR. GLATMAN: Just for the record, 19 he's referring to a page within the plans, and that's 20 marked as A-2 by their own markings. 21 MR. STIEVE: Yes, and these are the 22 drawings that you received. 23 COMMISSIONER BETTINGER: Are any of 24 the spaces handicapped? 25 MR. STIEVE: Yes. There is a 18 MONTHLY MEETING 1 handicapped accessible space. It's actually van 2 accessible, which is ADA requirement. 3 COMMISSIONER CHOFFO: The only 4 driveway to the building is on Monroe Street? 5 MR. STIEVE: That's correct. 6 COMMISSIONER AVAGLIANO: That's good, 7 very good application. 8 COMMISSIONER BETTINGER: I'll make a 9 motion to approve this plan. 10 COMMISSIONER CHOFFO: I'll second it. 11 MR. MARKS: Mr. Chairman, on a motion 12 made by Commissioner Bettinger and seconded by 13 Commissioner Choffo: 14 Commission Avagliano? 15 COMMISSIONER AVAGLIANO: I vote aye. 16 It's an excellent plan, but then again, leave it to 17 Dean Marchetto, he does an excellent job with 18 placing -- does this have a cover roof? I've seen 19 some of his buildings, and he was well-deserving of 20 the one in Atlantic City this past November. 21 MR. STIEVE: Thank you, very much. We 22 really appreciate that. 23 COMMISSIONER AVAGLIANO: I vote aye. 24 MR. STIEVE: Thank you. 25 MR. MARKS: Commissioner Jasek? 19 MONTHLY MEETING 1 COMMISSIONER JASEK: Aye. 2 MR. MARKS: Commissioner Mehta? 3 COMMISSIONER MEHTA: Aye. 4 MR. MARKS: Chairman Holloway? 5 CHAIRMAN HOLLOWAY: Let me just say 6 that any time you can improve an area, even if it has 7 an old building or open lot, it's excellent for the 8 community. I think it's a beautiful building. 9 I vote aye. 10 MR. STIEVE: Thank you. 11 MR. MARKS: Mr. Chairman, the motion 12 passes. 13 MR. MATULE: Thank you, very much, for 14 your attention. Have a good evening. 15 MR. MARKS: Mr. Chairman, the next 16 item for Public Hearing is SP-15-05, Roland Cribeiro 17 and James Perez, applicants, at 211-213 Manhattan 18 Avenue in Union City. 19 MR. ALONSO: Good evening, Mr. 20 Chairman, Members of the Board. For the record, my 21 name is J. Alvaro Alonso on behalf of the applicant. 22 This application was previously approved by 23 the -- 24 COMMISSIONER BETTINGER: Excuse me. 25 Is that microphone on? It's very difficult -- 20 MONTHLY MEETING 1 COMMISSIONER AVAGLIANO: No. It's not 2 on. It's not on. We have the engineer, he'll 3 straighten it out. 4 MR. ALONSO: Can you hear me? Can you 5 hear me now? 6 COMMISSIONER AVAGLIANO: No. 7 MR. ALONSO: No. 8 COMMISSIONER BETTINGER: Speak up. 9 MR. ALONSO: I'll try to speak up. 10 Actually, I'll move up. There's nobody else here, so 11 I'll move up. 12 COMMISSIONER AVAGLIANO: Yeah. Come 13 up to closer. That's good. 14 MR. ALONSO: This application was 15 previously approved by the Union City Board of 16 Adjustment back in November of 2003. I was not the 17 attorney for the applicant at that time, and for some 18 reason, that application didn't come before this 19 Board. I was retained to represent the applicant in 20 an amended site plan approval which was heard and 21 approved in January of this year, and that resolution 22 was approved in February of 2005. I guess that 23 application triggered the county application this 24 round. 25 Basically, the application -- the project is 21 MONTHLY MEETING 1 essentially complete. It's been under construction 2 for over a year. It is six residential units with, I 3 believe 12 parking spaces. 4 I have reviewed Mr. Marks' letter of March 5 10th with my client with the conditions set forth and 6 my client has agreed to each one of those conditions. 7 The architect of record was unable to be here 8 tonight. However, we have Mr. Arencibia, an 9 architect who is here should the Board have any 10 specific questions regarding the application. 11 COMMISSIONER CHOFFO: I'm sorry. Did 12 you say he's not the architect? 13 MR. ALONSO: He's not the architect of 14 record. However, he is an architect that this 15 applicant has worked with in the past and continues 16 to work with to date, and he was able to come in his 17 place. 18 CHAIRMAN HOLLOWAY: Commissioner 19 Jasek, do you have any questions or any comments? 20 COMMISSIONER JASEK: Mr. Chairman, I 21 don't because I was not at the Plan Review Committee 22 meeting. 23 Here are some questions. I would like my 24 colleague, Commissioner Choffo, to present these 25 questions. He was there. 22 MONTHLY MEETING 1 COMMISSIONER CHOFFO: At the site plan 2 meeting we discussed a few things. One item was the 3 retaining wall. Actually, we were asking if the 4 applicant could install wheel stops or concrete 5 barriers in the parking area directing cars -- 6 MR. ALONSO: That's correct. 7 COMMISSIONER CHOFFO: -- from hitting 8 the viaduct, the retaining wall. 9 MR. ALONSO: That's correct. That's 10 one of the conditions I alluded to in Mr. Marks' 11 letter of March 10, and I reviewed that with my 12 client and my client would be amenable to that 13 condition. 14 COMMISSIONER CHOFFO: Also, the 15 drainage calculations, because we were concerned with 16 the grading regarding that parking area. 17 MR. ALONSO: That's correct. There's 18 actually two parking areas. One is immediately 19 underneath the building, which is enclosed, and the 20 second parking area is actually across the street. 21 It's a small -- it's a sliver of land across the 22 street. My client's indicated that he would be able 23 to prepare some calculations. Unfortunately, we just 24 received this letter within the last couple of days, 25 but my client will be willing to prepare whatever 23 MONTHLY MEETING 1 calculations the Board requires. 2 COMMISSIONER CHOFFO: They're the main 3 concerns as of our meeting. 4 CHAIRMAN HOLLOWAY: I have a question. 5 What type of stoppage are you going to put 6 there for cars not to hit the retaining wall? 7 MR. MATULE: I guess the architect -- 8 the type of stoppage. 9 MR. ARENCIBIA: Just concrete or -- 10 MR. GLATMAN: Sir, would you just give 11 your name and spell it, for the reporter? 12 MR. ARENCIBIA: Albert Arencibia, 13 A-R-E-N-C-I-B-I-A. 14 ALBERT ARENCIBIA, having been first duly sworn 15 according to law, testified as follows: 16 MR. GLATMAN: Counsel, will you 17 qualify -- 18 MR. ALONSO: Yes. 19 Mr. Arencibia, can you review with the Board 20 your qualifications with respect to architecture? 21 MR. ARENCIBIA: I'm a Registered 22 Architect in the State of New York and New Jersey, 23 registered for over 15, 18 years, roughly, and I have 24 been practicing in New York and New Jersey for many 25 years. 24 MONTHLY MEETING 1 MR. ALONSO: Have you presented 2 applications in this county before? 3 MR. ARENCIBIA: Yes, I have. 4 MR. ALONSO: Both the County Planning 5 Board -- 6 MR. ARENCIBIA: Yes, I have. 7 MR. ALONSO: -- and also Union City, 8 West New York? 9 MR. ARENCIBIA: Yes. Many boards 10 throughout Bergen, Hudson, Essex. Many different 11 counties. 12 MR. GLATMAN: Is the Board satisfied? 13 CHAIRMAN HOLLOWAY: Yes. 14 MR. ARENCIBIA: There's many 15 different -- two types of wheel stops, so -- 16 CHAIRMAN HOLLOWAY: That's what I 17 wanted to know, what type. 18 MR. ARENCIBIA: We probably -- one of 19 the new wheel stops, you know, the rubber type of 20 wheel stops is probably what we'll be putting in in 21 the space. 22 COMMISSIONER AVAGLIANO: The parking 23 spot? 24 CHAIRMAN HOLLOWAY: No. This is so it 25 won't hit the retaining wall, the cars. The 25 MONTHLY MEETING 1 retaining wall, they don't want to damage the 2 retaining wall. God forbid they hit the gas the 3 wrong way. I want to know what would stop it. 4 MR. ARENCIBIA: Right. 5 No. This building, as a matter of fact, is 6 already pretty much built, you know. It's there 7 already. 8 COMMISSIONER AVAGLIANO: Mr. Chairman, 9 how about pour concrete? Isn't that better than the 10 portable ones? 11 MR. ARENCIBIA: Well, everything is 12 going to be -- there's anchors into the -- 13 COMMISSIONER AVAGLIANO: Ground? 14 MR. ARENCIBIA: Yeah. It goes into 15 the ground and cemented in. 16 COMMISSIONER AVAGLIANO: They usually 17 pour concrete so they don't move. 18 MR. ARENCIBIA: But they come in 19 pieces, anyway, so you still have to anchor those, 20 also, into the concrete, so -- it comes pre-made, so 21 just a matter of concrete, a little heavier to 22 install. Rubber is a little bit easier. You drill 23 it, put it in place, and basically it does the same 24 thing. 25 CHAIRMAN HOLLOWAY: You have the steel 26 MONTHLY MEETING 1 bars that actually lock? 2 MR. ARENCIBIA: Absolutely. Yes. 3 COMMISSIONER AVAGLIANO: Okay. That's 4 good. 5 COMMISSIONER CHOFFO: How soon do you 6 think you could have the drainage calculations? 7 MR. ARENCIBIA: I would think probably 8 within a week. I don't think there's anything magic 9 about that. It's pretty straightforward, as far as I 10 can see, on this project. 11 Would the calculations go to Mr. Marks? Who 12 should we send the calculations to? 13 CHAIRMAN HOLLOWAY: Right to the 14 director. 15 MR. ARENCIBIA: Board of Review, huh. 16 CHAIRMAN HOLLOWAY: We have any more 17 questions? 18 We have a motion? 19 COMMISSIONER MEHTA: I will make a 20 motion to approve. 21 COMMISSIONER BETTINGER: I'll second 22 the motion. 23 MR. MARKS: Mr. Chairman, on a motion 24 made by Commissioner Mehta and seconded by 25 Commissioner Bettinger: 27 MONTHLY MEETING 1 Commissioner Avagliano? 2 COMMISSIONER AVAGLIANO: I vote aye. 3 Just bolt them with the real bolts. 4 Thank you. 5 MR. MARKS: Commissioner Choffo? 6 COMMISSIONER CHOFFO: I vote aye, 7 contingent upon the conditions being met that we 8 discussed. 9 MR. MARKS: Commissioner Jasek? 10 COMMISSIONER JASEK: Aye. 11 MR. MARKS: And Chairman Holloway? 12 CHAIRMAN HOLLOWAY: Aye. 13 MR. MARKS: Mr. Chairman, the motion 14 passes. 15 CHAIRMAN HOLLOWAY: Thank you. 16 MR. ALONSO: Thank you. Good night. 17 MR. ARENCIBIA: Thank you, very much. 18 MR. MARKS: Mr. Chairman, under old 19 business, we have the recommendation of the Open 20 Space and Recreation Plan to the Freeholder Board. 21 Mr. Chairman, this plan was introduced at the 22 December Board Meeting of the Planning Board, as you 23 may recall. The Division of Planning sent out, as 24 per statute, copies of the plan to all the 25 municipalities, the mayors, the planning board 28 MONTHLY MEETING 1 secretaries and the municipal clerks. The Open Space 2 Advisory Committee, which was created by the 3 Freeholder Board in the fall, conducted a Public 4 Hearing on February 23rd, 2005 at which time they 5 recommended the plan to the Freeholder Board. Since 6 the Open Space Advisory Committee was created for 7 this whole purpose, to adopt the plan and administer 8 the open space trust funds, it was understood that 9 their recommendation was the only recommendation 10 needed. When the plan was forwarded to the Law 11 Department for the Freeholders' approval and 12 acceptance, it was determined by our Law Department 13 that the plan also needed Planning Board approval, 14 since it is an addendum to the County Master Plan. 15 The Open Space Plan, if approved and recommended by 16 the Board tonight, will have -- will reflect on the 17 acknowledgment, page by page, by the Planning Board 18 Commissioners for their affirmative vote. 19 CHAIRMAN HOLLOWAY: Any questions, 20 Commissioners? 21 COMMISSIONER MEHTA: No. 22 CHAIRMAN HOLLOWAY: Anybody make a 23 motion? 24 COMMISSIONER BETTINGER: I'll make a 25 motion. 29 MONTHLY MEETING 1 COMMISSIONER CHOFFO: I'll second. 2 MR. MARKS: Mr. Chairman, on a motion 3 made by Commissioner Bettinger and seconded by 4 Commissioner Choffo: 5 Commissioner Avagliano? 6 COMMISSIONER AVAGLIANO: I vote aye. 7 MR. MARKS: Commissioner Jasek? 8 COMMISSIONER JASEK: Aye. 9 MR. MARKS: Commissioner Mehta? 10 COMMISSIONER MEHTA: Aye. 11 MR. MARKS: Chairman Holloway? 12 CHAIRMAN HOLLOWAY: Aye. 13 MR. MARKS: Mr. Chairman, the motion 14 passes. 15 Mr. Chairman, the final action item on 16 today's Agenda, under new business is the 17 recommendation to continue Professional Services 18 Contract for Board Attorney. 19 COMMISSIONER AVAGLIANO: Mr. Chairman, 20 I would like to see that we table this resolution and 21 take care of it at the next meeting so the proper 22 documentation can be made on it. I'd like to table 23 it to the next meeting. This is the contract for our 24 wonderful attorney, Mr. Arthur Glatman. All the 25 papers will be in order for the next meeting, 30 MONTHLY MEETING 1 guaranteed, so I'd like to make a motion, we table 2 it. 3 COMMISSIONER CHOFFO: I'll second it. 4 MR. MARKS: Mr. Chairman, on a motion 5 to table the recommendation made by Commissioner 6 Avagliano and seconded by Commissioner Choffo: 7 Commissioner Bettinger? 8 COMMISSIONER BETTINGER: Aye. 9 MR. MARKS: Commissioner Jasek? 10 COMMISSIONER JASEK: May I ask, what 11 kind of paperwork is missing? 12 MR. GLATMAN: I have to get some 13 additional papers to the county. 14 COMMISSIONER JASEK: I see. 15 COMMISSIONER AVAGLIANO: Some 16 documentation. 17 COMMISSIONER JASEK: Yes. I went 18 through that last year. Now I remember. 19 I vote aye. 20 MR. MARKS: Commissioner Mehta? 21 COMMISSIONER MEHTA: Aye. 22 MR. MARKS: And Chairman Holloway? 23 CHAIRMAN HOLLOWAY: Aye. 24 MR. MARKS: Mr. Chairman, the motion 25 passes. 31 MONTHLY MEETING 1 CHAIRMAN HOLLOWAY: Thank you. 2 MR. MARKS: Mr. Chairman, that 3 concludes today's business. 4 CHAIRMAN HOLLOWAY: Okay. 5 COMMISSIONER MEHTA: Steve, one quick 6 question regarding our engineering consulting 7 company, T&M Associates. 8 Do we have a contract or do we have to renew 9 that, also? 10 MR. MARKS: That is a question which I 11 am investigating right now. 12 I was speaking with the Director of Public 13 Resources. I understood that, it was my 14 understanding that all contracts were left to the 15 Freeholder Board. I just learned that the Planning 16 Board may issue our request for proposals or request 17 for qualifications and actually get contracts -- I 18 did not know that the Planning Board had contract 19 authority. I was told, and I understand now, that 20 the Planning Board may issue contracts for consulting 21 services which actually get paid for out of the 22 escrow accounts which the applicants make, so there's 23 a distinction between funding which comes from the 24 county which goes through the Freeholder Board and 25 funding which comes from applicants through their 32 MONTHLY MEETING 1 ap -- through their escrow submittal accounts, so, 2 one, I have to get, basically a legal opinion as to 3 that from our Law Department, and the second would be 4 to prepare, as per public statute, local public 5 contracts, either a request for a proposal or a 6 request for qualifications. 7 CHAIRMAN HOLLOWAY: Will we have that 8 for the next meeting? 9 MR. MARKS: Depending upon the, the 10 opinion of the Law Department, we can have -- I'll 11 try to have a draft RFP for the Planning Board's 12 perusal and information and -- God bless you -- and 13 if the Board is satisfied at that time, then we can 14 issue and receive -- let the contractor or -- I'm 15 sorry -- let the RFP and receive the proposals for 16 the qualifications from qualified consulting firms. 17 It would be assumed at that time that we would -- I 18 would assume that we would need a Committee to 19 examine the qualifications or the proposals, a 20 Committee of the Board. 21 CHAIRMAN HOLLOWAY: Okay. Anything 22 else? 23 COMMISSIONER AVAGLIANO: Well, T&M has 24 done a wonderful job investigating the different 25 proposals. They're very good. 33 MONTHLY MEETING 1 COMMISSIONER BETTINGER: I'll make a 2 motion to adjourn the meeting. 3 COMMISSIONER AVAGLIANO: That's all? 4 We have nothing else? 5 COMMISSIONER JASEK: Aye. 6 CHAIRMAN HOLLOWAY: Thank you. 7 COMMISSIONER MEHTA: Everybody say 8 aye. 9 CHAIRMAN HOLLOWAY: We're adjourned. 10 COMMISSIONER MEHTA: Everybody say -- 11 COMMISSIONER AVAGLIANO: Aye. 12 We could send a get well card to Jude 13 Fitzgibbons from all the members. 14 MR. MARKS: I'll take care of it. 15 COMMISSIONER AVAGLIANO: That would be 16 nice. 17 (At 7:50 p.m., proceedings were concluded.) 18 19 20 21 22 23 24 25 34 1 2 C E R T I F I C A T E 3 I, MICHELLE GRUENDEL, a Notary Public and 4 Certified Shorthand Reporter of the State of New 5 Jersey do hereby CERTIFY that the foregoing is a true 6 and accurate transcript of the testimony as taken 7 stenographically by and before me at the time, place 8 and on the date hereinbefore set forth, to the best 9 of my ability. 10 I DO FURTHER TESTIFY that I am neither 11 a relative, nor employee, nor attorney, nor counsel 12 of any parties to this action, and that I am neither 13 a relative nor employee of such attorney or counsel, 14 and that I am not financially interested in the 15 action. 16 17 18 MICHELLE GRUENDEL, C.S.R. License No. XI01905 19 20 21 22 23 24 25