1 1 HUDSON COUNTY PLANNING BOARD 2 RE: ) TRANSCRIPT OF 3 MONTHLY MEETING ) PROCEEDINGS: ) 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _) Hudson County Administration 5 Building, Freeholders Chambers 567 Pavonia Avenue, Third Floor 6 Jersey City, New Jersey Wednesday, March 15, 2006 7 6:35 p.m. 8 BEFORE: 9 RENEE BETTINGER, Chairwoman 10 MARY AVAGLIANO, Commissioner 11 RUSHABH MEHTA, Commissioner 12 DOREEN DiDOMENICO, Commissioner 13 MICHAEL HOLLOWAY, Commissioner 14 JUDE FITZGIBBONS, Commissioner 15 DANIEL CHOFFO, Commissioner 16 DEMETRIO ARENCIBIA, Commissioner 17 ALSO PRESENT: 18 THOMAS CALVANICO, ESQ., Board Attorney 19 STEPHEN MARKS, Board Secretary 20 Reported By: 21 Michelle Gruendel, C.S.R. 22 REPORTING SERVICES ARRANGED THROUGH: 23 VERITEXT/NEW JERSEY REPORTING COMPANY, LLC Kabot Battaglia & Hammer, Suburban Shorthand 24 Waga and Spinelli, Arthur J. Frannicola, CSR 25B Vreeland Road 25 Florham Park, New Jersey 07932 2 1 CHAIRWOMAN BETTINGER: I'd like to 2 call to order the meeting of the Hudson County 3 Planning Board of Wednesday, March 15th, 2006. 4 Counsellor, has this meeting been 5 properly advertised? 6 MR. CALVANICO: Yes, it has, Madam 7 Chair. 8 Notice of the meeting was sent to 9 the Jersey Journal, which is the official 10 newspaper, and notice was also sent and posted on 11 the bulletin board of the Clerk of the County and 12 the Clerk of the Board of Chosen Freeholders. 13 CHAIRWOMAN BETTINGER: Mr. 14 Secretary, may I have a roll call? 15 MR. MARKS: Commissioner 16 Arencibia? 17 COMMISSIONER ARENCIBIA: Aye. 18 MR. MARKS: Commissioner 19 Avagliano? 20 COMMISSIONER AVAGLIANO: Here. 21 MR. MARKS: Commissioner Choffo? 22 COMMISSIONER CHOFFO: Here. 23 MR. MARKS: Commissioner 24 DiDomenico? 25 COMMISSIONER DiDOMENICO: Here. 3 1 MR. MARKS: Commissioner 2 Fitzgibbons? 3 COMMISSIONER FITZGIBBONS: Here. 4 MR. MARKS: Commissioner Holloway? 5 COMMISSIONER HOLLOWAY: Here. 6 MR. MARKS: Commissioner Liggio is 7 not present. 8 Commissioner Mehta? 9 COMMISSIONER FITZGIBBONS: He's 10 here. 11 MR. MARKS: Chairwoman Bettinger? 12 CHAIRWOMAN BETTINGER: Here. 13 MR. MARKS: Madam Chair, we have a 14 quorum. 15 CHAIRWOMAN BETTINGER: Will 16 everyone please rise to Salute the Flag? 17 (Flag Salute takes place.) 18 CHAIRWOMAN BETTINGER: Did all the 19 Commissioners receive the minutes of the last 20 meeting? 21 COMMISSIONER CHOFFO: Yes. 22 COMMISSIONER FITZGIBBONS: Yes. 23 COMMISSIONER HOLLOWAY: Yes. 24 COMMISSIONER AVAGLIANO: Motion to 25 accept. 4 1 COMMISSIONER MEHTA: I will second. 2 MR. MARKS: Madam Chair, on a 3 motion to accept the minutes of February 15th made 4 by Commissioner Avagliano and seconded by 5 Commissioner Mehta: 6 Commissioner Arencibia? 7 COMMISSIONER ARENCIBIA: Aye. 8 MR. MARKS: Commissioner 9 Avagliano? 10 COMMISSIONER AVAGLIANO: Aye. 11 MR. MARKS: Commissioner Choffo? 12 COMMISSIONER CHOFFO: Aye. 13 MR. MARKS: Commissioner 14 DiDomenico? 15 COMMISSIONER DiDOMENICO: I 16 abstain. 17 MR. MARKS: Commissioner 18 Fitzgibbons? 19 COMMISSIONER FITZGIBBONS: Aye. 20 MR. MARKS: Commissioner Holloway? 21 COMMISSIONER HOLLOWAY: Aye. 22 MR. MARKS: Commissioner Mehta? 23 COMMISSIONER MEHTA: Aye. 24 MR. MARKS: Chairwoman Bettinger? 25 CHAIRWOMAN BETTINGER: Aye. 5 1 MR. MARKS: Madam Chair, the motion 2 passed. 3 CHAIRWOMAN BETTINGER: Okay. Next 4 item is the memorialization of the resolutions 5 approved at the last meeting. 6 MR. MARKS: Madam Chair, for the 7 applications approved at last meeting, beginning 8 with application SP-83-05, Michael P. Gorman, 9 applicant, located at 451-457 14th Street in 10 Hoboken; SP-102-05, Rockefeller Foreign Trade 11 Zone, located on County Road in Jersey City; 12 application SP-110-05, Marshall Terrace, located 13 at 100-132 Marshall Street in Hoboken; application 14 SP-118-05, JLB 329 Corp., located at 329 Willow 15 Avenue in Hoboken; application SP-05-06, CCMMI, 16 LLC, located at 6040 Boulevard East in West New 17 York; application SP-08-06, ETS Realty Management, 18 LLC, located at 3115-23 Paterson Plank Road in 19 North Bergen; application SP-09-05, Pump House 20 128, LLC, located at 128-132 Harrison Street in 21 Hoboken; application SP-10-06, Tire Factory, LLC, 22 located at 662-666 First Street in Hoboken; 23 application SP-13-06, Arthur Certisimo, located at 24 78-80 Jackson Street in Hoboken; application 25 SD-15-06, K. Hovnanian North Jersey Acquisitions, 6 1 LLC, located at Port Imperial Boulevard in West 2 New York; and application SP-16-06, Sprint 3 Spectrum, LP, located at Secaucus Road on the 4 PSE&G Steel Tower in Jersey City. 5 COMMISSIONER CHOFFO: I'll make a 6 motion to memorialize the -- 7 COMMISSIONER HOLLOWAY: I second. 8 COMMISSIONER ARENCIBIA: Madam, 9 Chairwoman Bettinger, I would like to recommend 10 that SP-102-05, The Rockefeller Foreign Trade 11 Group, I suggest pulling that out, because I 12 reviewed it and I want to insert certain language 13 in that resolution that includes the conditions of 14 providing for the improvements of the pump 15 station. I just wanted to make certain that's 16 clear and that the applicant agreed to that based 17 on the meeting from last month. 18 CHAIRWOMAN BETTINGER: Okay, so do 19 I have a motion to approve? 20 COMMISSIONER FITZGIBBONS: I have a 21 motion. On the motion, can I make a motion to 22 accept all but that -- 23 CHAIRWOMAN BETTINGER: SP-102-05. 24 MR. CALVANICO: Let's step back. 25 I'm not sure exactly -- what was your motion, 7 1 Commissioner? 2 COMMISSIONER ARENCIBIA: I wanted 3 to remove SP-102-05 from the memorialization of 4 resolutions until we provide language in that 5 resolution that -- I want to make clear what the 6 applicant has to provide, and that's, namely, the 7 funding, provided funding for the improvements to 8 the Penhorn Creek Pump Station. 9 MR. CALVANICO: The resolution, as 10 I wrote it, has a paragraph that makes this 11 approval contingent upon a successful agreement 12 being reached between the applicant and the 13 County. 14 Did you see that part? 15 COMMISSIONER ARENCIBIA: No. Do 16 you have a copy of that? I read the e-mail. 17 Okay. It does say towards the cost 18 of the rebuilding of the pump station agreed with 19 the applicant. 20 Okay. That's fine. Sorry. 21 CHAIRWOMAN BETTINGER: So Tom, what 22 do -- are we actually doing now? 23 COMMISSIONER FITZGIBBONS: The 24 motion still stands. 25 The motion still stands, right? 8 1 MR. MARKS: Madam Chair, there is a 2 motion on the floor made by Commissioner Choffo 3 and seconded by Commissioner Holloway to approve 4 the memorializations. 5 MR. CALVANICO: All of, all the 6 resolutions; is that correct, Commissioners? 7 COMMISSIONER ARENCIBIA: Right. 8 COMMISSIONER FITZGIBBONS: Right. 9 MR. MARKS: Madam Chair, may I read 10 the roll? 11 CHAIRWOMAN BETTINGER: Yes. 12 MR. MARKS: Commissioner 13 Arencibia? 14 COMMISSIONER ARENCIBIA: Aye. 15 MR. MARKS: Commissioner 16 Avagliano? 17 COMMISSIONER AVAGLIANO: Aye. 18 MR. MARKS: Commissioner Choffo? 19 COMMISSIONER CHOFFO: Aye. 20 MR. MARKS: Commissioner 21 DiDomenico? 22 COMMISSIONER DiDOMENICO: Aye. 23 MR. MARKS: Commissioner 24 Fitzgibbons? 25 COMMISSIONER FITZGIBBONS: Aye. 9 1 MR. MARKS: Commissioner Holloway? 2 COMMISSIONER HOLLOWAY: Aye. 3 MR. MARKS: Commissioner Mehta? 4 COMMISSIONER MEHTA: Aye. 5 MR. MARKS: Chairwoman Bettinger? 6 CHAIRWOMAN BETTINGER: Aye. 7 MR. MARKS: Madam Chair, the motion 8 passed. 9 CHAIRWOMAN BETTINGER: Okay. The 10 next item is the applications declared to be 11 exempt. 12 MR. MARKS: Madam Chair, 13 applications declared to be exempt for this 14 meeting, beginning with application SP-18-05, New 15 Cingular Wireless PCS, LLC, located at 346 16 Claremont, that should be Claremont, with an L, in 17 Jersey City; SP-19-06, Omnipoint Communications, 18 Inc., 68 Magnolia Avenue, Jersey City; application 19 SP-21-06, Omnipoint Communications, Inc., located 20 at 97-99 Bleecker Street in Jersey City; 21 application SP-23-06, Omnipoint Communications, 22 Inc., located at 13-15 Hopkins Avenue in Jersey 23 City; application SD-25-06, Jersey City TSC 24 Associates, LLC, located at 15-19 Westervelt Place 25 in Jersey City; application SP-32-06, Sprint 10 1 Spectrum, LP, located at 422-32 62nd Street in 2 West New York; application SP-26-06, Fifth Street 3 Condos, LLC, located at 636-5th Street, also known 4 as 501-507 Jackson Street in Hoboken; application 5 SP-28-06, The Home Depot, located at 180-12th 6 Street in Jersey City; and application 7 SD/SP-33-06, Fowler Avenue Healthcare Center, 8 located at 196 Stevens Avenue in Jersey City. 9 CHAIRWOMAN BETTINGER: Do I have a 10 motion to accept the applications declared to be 11 exempt? 12 COMMISSIONER AVAGLIANO: Motion to 13 accept. 14 COMMISSIONER MEHTA: Second. 15 MR. MARKS: Madam Chair, on a 16 motion to accept made by Commissioner Avagliano 17 and seconded by Commissioner Mehta: 18 Commissioner Arencibia? 19 COMMISSIONER ARENCIBIA: Aye. 20 MR. MARKS: Commissioner 21 Avagliano? 22 COMMISSIONER AVAGLIANO: Aye. 23 MR. MARKS: Commissioner Choffo? 24 COMMISSIONER CHOFFO: Aye. 25 MR. MARKS: Commissioner 11 1 DiDomenico? 2 COMMISSIONER DiDOMENICO: Aye. 3 MR. MARKS: Commissioner 4 Fitzgibbons? 5 COMMISSIONER FITZGIBBONS: Aye. 6 MR. MARKS: Commissioner Holloway? 7 COMMISSIONER HOLLOWAY: Aye. 8 MR. MARKS: Commissioner Mehta? 9 COMMISSIONER MEHTA: Aye. 10 MR. MARKS: Chairwoman Bettinger? 11 CHAIRWOMAN BETTINGER: I vote aye. 12 MR. MARKS: Madam Chair, the motion 13 passed. 14 MR. CALVANICO: Madam Chair, if I 15 might, I think when Mr. Marks read the list, I 16 think he indicated 18-05. It's actually 18-06. I 17 just wanted the record to be clear, that it's 18 18-06. 19 MR. MARKS: My apologies. 20 CHAIRWOMAN BETTINGER: Well-noted. 21 The first application tonight on 22 the Agenda -- 23 MR. MARKS: Madam Chair, the first 24 application scheduled for Public Hearing this 25 evening is SP-17-06, NYSMSA, d/b/a Verizon 12 1 Wireless, located at 680 Kennedy Boulevard in 2 Bayonne. 3 MR. SCHNEIDER: Good evening, Madam 4 Chairperson, fellow Members of the Board. Richard 5 Schneider of the Law Firm of Vogel, Chait, Collins 6 and Schneider on behalf of the applicant, New York 7 SMSA Limited Partnership, doing business as 8 Verizon Wireless. Thank you for placing us on 9 tonight's Agenda. 10 This is an application, like many 11 of the ones that are listed on your Agenda, for 12 approval of a wireless communication facility. In 13 this particular case, it is in the Municipality of 14 Bayonne at the property that's referred to, 680 15 Kennedy Boulevard, Block 177, Lots 55, 55.1 and 16 55.46. This application essentially involves the 17 installation of rooftop antennas as well as an 18 equipment shelter on the roof. 19 Seated, or standing, I should say, 20 behind me to the right is Mr. Louis Moglino. He's 21 the applicant's architect. I can certainly have 22 him review, respectfully, for you the major -- the 23 specifics of this application, if that meets with 24 the Board's pleasure. 25 CHAIRWOMAN BETTINGER: Counsel, 13 1 would you like to swear him in? 2 MR. CALVANICO: Please state your 3 name and your affiliation, for the record. 4 MR. MOGLINO: Lou Moglino, 5 M-O-G-L-I-N-O, Licensed Architect, and I've been 6 accepted by this Board previously. I've provided 7 testimony several times already. If you want, I 8 can -- 9 MR. CALVANICO: Are you with a 10 firm? 11 MR. MOGLINO: Yes. I'm with the 12 MTM Design Group. 13 LOUIS MOGLINO, P.A., having been first duly sworn 14 according to law, testified as follows: 15 MR. CALVANICO: Thank you. 16 MR. SCHNEIDER: Madam Chairperson, 17 does the Board accept Mr. Moglino's qualifications 18 or would you like me to go through that? 19 CHAIRWOMAN BETTINGER: Is it okay 20 with the rest of the Commissioners? 21 COMMISSIONER HOLLOWAY: Yes. 22 COMMISSIONER CHOFFO: Yes. 23 MR. MOGLINO: Thank you. 24 MR. SCHNEIDER: Mr. Moglino, you're 25 the architect for this project; is that correct? 14 1 MR. MOGLINO: Correct. 2 MR. SCHNEIDER: And your firm and 3 you, specifically, are the preparer of the site 4 plan that has been submitted both to this County 5 Planning Board as well as to the City of Bayonne 6 Board of Adjustment; am I correct about that? 7 MR. MOGLINO: Correct. 8 MR. SCHNEIDER: Okay. For the 9 interest of time, would you be kind enough, 10 respectfully, to review for the Board the nature 11 of that which is proposed by the applicant, 12 Verizon Wireless, on this particular facility? 13 MR. MOGLINO: Sure. 14 I've mounted the drawings that have 15 been submitted to the Board, Z-1, two and three 16 are mounted on the board. They consist of, Z-1 is 17 the site plan. The site -- the building is a 18 five-story brick building located on the northeast 19 corner of JFK Boulevard and 26th. It's a corner 20 lot and it's the construction of 12 antennas and 21 an equipment shelter on an existing roof. There's 22 three different sections of antennas and Verizon 23 is installing their equipment shelter on the back 24 corner of the property in which is the corner lot. 25 Any questions? 15 1 MR. SCHNEIDER: And the 2 equipment -- and the Board has heard many of 3 these, obviously, before, Mr. Moglino, but the 4 equipment shelter, in terms of maintenance and the 5 non uses, no water or sewer service required and 6 maintenance is approximately once every four to 7 six weeks. 8 Am I correct about that? 9 MR. MOGLINO: Correct. 10 This is an unmanned facility. It 11 only requires electric and telephone. Doesn't 12 generate any noise, any glare, any, any obnoxious 13 odors or whatnot, and it is visited about once 14 every month by an operations person from Verizon. 15 CHAIRWOMAN BETTINGER: What type of 16 a building is it? 17 MR. MOGLINO: What type of a 18 building? 19 CHAIRWOMAN BETTINGER: Yeah. 20 MR. MOGLINO: It's a standard brick 21 facade shelter which will house all the radio 22 equipment inside it. 23 CHAIRWOMAN BETTINGER: Is it a 24 residential building? 25 MR. SCHNEIDER: In terms of the 16 1 existing building? 2 CHAIRWOMAN BETTINGER: The 3 existing, yes. 4 MR. MOGLINO: It's a condo. 5 CHAIRWOMAN BETTINGER: A condo? 6 MR. MOGLINO: Yes. 7 MR. SCHNEIDER: We have the consent 8 of the condo association. 9 CHAIRWOMAN BETTINGER: That's what 10 I was going to -- 11 MR. SCHNEIDER: Yes. That was 12 considered. We reviewed the Master Deed and 13 confirmed that the condo association does have the 14 authority to make available the roof or the lease 15 rights. 16 COMMISSIONER FITZGIBBONS: Was this 17 approved by the Township? 18 MR. SCHNEIDER: The application is 19 pending before the City of Bayonne Board of 20 Adjustment. We have not gotten a hearing date 21 yet. The application is pending. We're about 45 22 days into the application process. 23 CHAIRWOMAN BETTINGER: Any other 24 questions? 25 COMMISSIONER HOLLOWAY: Madam 17 1 Chair, I have a question. 2 These antennas, are these adjacent 3 to the building or on top of the building, these 4 antennas? 5 MR. MOGLINO: There's four antennas 6 being proposed to be mounted on the shelter 7 equipment itself up on the roof. Four are 8 flush-mounted to the facade and the other four are 9 going to be roof-mounted adjacent to the Sprint 10 antennas, so they're already there. 11 COMMISSIONER HOLLOWAY: The ones 12 that are bolted to the facade, is it anywhere near 13 windows? 14 MR. MOGLINO: No, there isn't. 15 On Z-3, the bottom drawing, there's 16 an elevation just -- do you have this? The 17 proposed Verizon antennas are mounted on the 18 facade of the building and they're located below 19 this existing Sprint one, antennas, and as you can 20 see, the windows are a good eight, 10 feet away. 21 COMMISSIONER HOLLOWAY: The 22 equipment that you are going to be putting on top 23 of the building, is it able to hold the weight of 24 it? 25 MR. MOGLINO: Yes. 18 1 MR. SCHNEIDER: Just to follow-up 2 on that, you structurally reviewed that and there 3 are specific applicable code revisions, I think, 4 that notes using the light weight shelter? 5 COMMISSIONER HOLLOWAY: Madam 6 Chair, if I could show you something. 7 CHAIRWOMAN BETTINGER: Yes. That's 8 what we were wondering about. 9 MR. CALVANICO: Just, Madam Chair, 10 if I might, the pictures I found in my file. This 11 was originally scheduled to be heard last month, 12 so that's why -- I just happened to have my packet 13 from last month with me, so that's why I showed it 14 to Commissioner Holloway. 15 CHAIRWOMAN BETTINGER: Thank you. 16 COMMISSIONER FITZGIBBONS: How 17 many, how many antennas are there on the roof 18 now? 19 MR. MOGLINO: Existing, I believe 20 Sprint has a total of six antennas. 21 COMMISSIONER FITZGIBBONS: And 22 you're going to add how many? 23 MR. MOGLINO: 12. 24 COMMISSIONER CHOFFO: Sprint's the 25 only other company that has them? 19 1 MR. MOGLINO: On that existing 2 site, yes. 3 COMMISSIONER ARENCIBIA: Just 4 following up on Commissioner Holloway's 5 comments -- actually, he had an investigator go 6 check the building. 7 Is there any work being done to 8 that building right now below the roof? 9 MR. MOGLINO: On the roof itself? 10 COMMISSIONER ARENCIBIA: Yeah. 11 MR. MOGLINO: Not to my knowledge. 12 COMMISSIONER ARENCIBIA: It's just 13 that he took some pictures of beneath the roof, 14 the area, and it looks like there is some shoring 15 with some two-by-fours, it looks like, of the 16 beams supporting the roof. 17 Let me show you the picture here, 18 and I don't know if you went to look underneath 19 that, but maybe you could -- if you're aware of 20 something that's going on there, you could tell us 21 about it. 22 MR. MOGLINO: I'm not exactly sure 23 what's, what's going on there, but the equipment 24 shelter itself will not rest on the roof or the 25 wood framing that those pictures are showing. The 20 1 steel beams are going to be resting on the brick 2 perimeter walls, the low bearing walls that, that 3 the weight of the shelter and the steel will be 4 carried along the outer -- 5 COMMISSIONER ARENCIBIA: How did 6 you analyze the structural integrity of the 7 building to support the antennas? 8 MR. MOGLINO: Along with myself, 9 I'm a Licensed Architect, and someone from my firm 10 who's a Licensed Structural Engineer, we both were 11 out there several times and we each ran the 12 calculations and, you know, we've measured the 13 thickness of the walls, we calculate what the 14 proposed weight of the equipment is going to be, 15 you know, fully loaded, with all the radio 16 cabinets, and if the site, you know, passes 17 structurally, then we move on and move on with the 18 application to sign the lease, or Verizon signs 19 the lease with the landlord. 20 COMMISSIONER FITZGIBBONS: Did you 21 get permits from the Building Department? 22 MR. MOGLINO: I'm sorry. 23 COMMISSIONER FITZGIBBONS: Did you 24 obtain permits from the Building Department? 25 MR. MOGLINO: No. We haven't 21 1 gotten that far yet. 2 COMMISSIONER HOLLOWAY: Madam 3 Chair, Commissioner, could you pass that around to 4 the rest of the Commissioners? They may remember 5 the photo from last month. 6 COMMISSIONER CHOFFO: I have a 7 question, Madam Chair. 8 Do you have to go in front of the 9 Bayonne Planning Board or is it the Zoning Board 10 of Adjustment? 11 MR. SCHNEIDER: It's the Zoning 12 Board. 13 COMMISSIONER CHOFFO: Zoning Board 14 of Adjustment? 15 COMMISSIONER FITZGIBBONS: I'm 16 sure, I don't know, I'm sure if the Construction 17 Official, if you get permits for this type of a 18 job, the Construction Official is going to come to 19 that work site, and if this, this work is being 20 done without permits, then he's going to stop work 21 on everything. 22 MR. SCHNEIDER: Just so we're 23 clear, that work is not being done by us. 24 COMMISSIONER FITZGIBBONS: No. I 25 understand that, but what happens is, before you 22 1 even mount an antenna off a facility up there on 2 that roof, if there's no permits for that type of 3 work there, you ain't mounting nothing, because 4 that Construction Official is going to tell you, 5 you got to wait until these guys get done with 6 whatever they're doing. 7 MR. SCHNEIDER: We understand. 8 COMMISSIONER FITZGIBBONS: To me it 9 looks like, I don't know, it looks like a 10 shoemaker went in there and did the work there. 11 MR. SCHNEIDER: Obviously, that's 12 the -- 13 COMMISSIONER HOLLOWAY: It looks 14 like they're doing work and not finished with it. 15 They're supporting it for a limited time and maybe 16 putting new beams in there, because before you 17 could put your equipment on that thing, I think 18 you should see if that's safe enough to support 19 it. 20 MR. MOGLINO: Like I said, the 21 equipment shelter cannot rest on those, the floor 22 beams or the roof beams that are shown. 23 COMMISSIONER AVAGLIANO: It could 24 be completed by now. It's two weeks. Maybe it's 25 completed. 23 1 COMMISSIONER HOLLOWAY: No. 2 COMMISSIONER AVAGLIANO: The 3 picture was taken this morning, we'd have no 4 problem, but this would have no bearing on the 5 building, on the outside of the building. This is 6 on the roof. I don't see any problem with it. 7 COMMISSIONER FITZGIBBONS: Do you 8 have pictures of that? 9 MR. MOGLINO: Of that particular 10 area? 11 COMMISSIONER FITZGIBBONS: Yeah. 12 MR. MOGLINO: I don't recall, but 13 there is -- that's a space between the upper floor 14 ceiling and below the roof framing. 15 COMMISSIONER FITZGIBBONS: Yeah, 16 it's the cop off. 17 MR. MOGLINO: Correct, and that 18 doesn't give us any support for the proposed 19 equipment. 20 COMMISSIONER FITZGIBBONS: Yeah, 21 but the idea is, it doesn't give you support. The 22 idea is, you're going to have people going up 23 there to service that thing -- 24 MR. MOGLINO: Correct. 25 COMMISSIONER FITZGIBBONS: -- and 24 1 they're going to go on that roof. 2 Now, how do you know if that roof 3 is stable enough to hold anybody when they're 4 doing work there, stable enough to -- 5 MR. MOGLINO: It's a standard roof 6 framing which will be able to support an average 7 person. That was -- there wasn't anything in 8 addition up to the roof that I recall. 9 COMMISSIONER CHOFFO: Do you know 10 when you're scheduled to go in front of the Zoning 11 Board? 12 MR. SCHNEIDER: Sir, we actually 13 have -- we have not been scheduled yet. We don't 14 have a hearing date. Bayonne generally has a very 15 comprehensive completeness process under their 16 wireless ordinance. There's numerous, a number of 17 submission items, photo simulation, radio 18 frequency report, so we have not been given a 19 Public Hearing date. I couldn't even venture to 20 say -- based on my past experience, from having 21 done a lot of work in Bayonne, I would still think 22 we're a couple of months out, to be honest. 23 COMMISSIONER CHOFFO: All right. 24 CHAIRWOMAN BETTINGER: Commissioner 25 Arencibia? 25 1 COMMISSIONER ARENCIBIA: Yeah. 2 Maybe the Planning Board Attorney may help us out 3 in this question, too, because I'm not sure it's 4 for this planning board's jurisdiction. 5 Is it something that this Board 6 should be concerned about or have jurisdiction 7 over the building itself? 8 MR. CALVANICO: Well, no. We're 9 not -- I mean, our jurisdiction is pretty much 10 limited to traffic and drainage issues -- 11 COMMISSIONER ARENCIBIA: Right. 12 MR. CALVANICO: -- and so forth. I 13 mean, we can certainly express our concerns to the 14 applicant and let him know that there are issues 15 there, but it wouldn't be a reasonable reason for 16 us to deny their application at this point, 17 because that's not within our examination, it's 18 not within our purview. 19 MR. SCHNEIDER: And if I may, just 20 to give, frankly, this Board the necessary 21 comfort, you know, there's a twofold concern here. 22 We understand you, and we 23 appreciate you bringing this to our attention. 24 We're going to be as concerned as anybody else of 25 making sure, both for our personnel, frankly, who 26 1 visit it, and more importantly, our liability 2 reasons about that shelter, and that's really what 3 we're referring to. The antennas are not -- but 4 that shelter is going to be designed structurally. 5 I'm sure I can assure you from past 6 experience in Bayonne, A, it will come up during 7 the zoning process, and B, it will come up during 8 the construction, if we're fortunate enough to 9 receive approval from the building permit process, 10 so there's a number of what we would respectfully 11 suggest are safeguards that would be in place. 12 When all is said and done and the approval process 13 is finished, this building or this installation 14 will be comprehensive and structurally reviewed. 15 COMMISSIONER HOLLOWAY: So we could 16 be clear, I just want to make sure it was put on 17 record, my concern was the safety. 18 MR. SCHNEIDER: Understood. 19 COMMISSIONER HOLLOWAY: If it's 20 not, if it can't support it and then we have an 21 incident, you did come in front of this Board, so 22 I just want to put it on the record. 23 MR. SCHNEIDER: Thank you. 24 COMMISSIONER ARENCIBIA: I have one 25 other question. 27 1 Will there be any work on Kennedy 2 Boulevard, where you need to do any road openings 3 or any work at all? 4 MR. MOGLINO: No, sir. No. 5 Everything will be coming in from the existing 6 building, electric, power, grounds. 7 CHAIRWOMAN BETTINGER: Mr. Marks? 8 MR. MARKS: Madam Chair, if it 9 pleases the Board, I could, first thing tomorrow, 10 notify the Bayonne Construction Code Official and 11 alert them to the situation and ask them to see 12 whether there is a health and safety issue. 13 CHAIRWOMAN BETTINGER: Okay. Do I 14 have a motion to accept this application? 15 COMMISSIONER FITZGIBBONS: On the 16 motion, I'll make the motion on the approval, that 17 the Zoning Board approves it in Bayonne. If not, 18 then this is, then it's null and void. 19 MR. SCHNEIDER: Understood and 20 agreed. 21 COMMISSIONER HOLLOWAY: I second. 22 MR. MARKS: Madam Chair, on a 23 motion to approve application SP-17-06 made by 24 Commissioner Fitzgibbons and seconded by 25 Commissioner Holloway: 28 1 Commissioner Arencibia? 2 COMMISSIONER ARENCIBIA: Aye. 3 MR. MARKS: Commissioner 4 Avagliano? 5 COMMISSIONER AVAGLIANO: Aye. 6 MR. MARKS: Commissioner Choffo? 7 COMMISSIONER CHOFFO: Aye. 8 MR. MARKS: Commissioner 9 DiDomenico? 10 COMMISSIONER DiDOMENICO: Aye. 11 MR. MARKS: Commissioner 12 Fitzgibbons? 13 COMMISSIONER FITZGIBBONS: Aye. 14 MR. MARKS: Commissioner Holloway? 15 COMMISSIONER HOLLOWAY: Aye. 16 MR. MARKS: Commissioner Mehta? 17 COMMISSIONER MEHTA: Aye. 18 MR. MARKS: Chairwoman Bettinger? 19 CHAIRWOMAN BETTINGER: I vote aye, 20 pending approval of the Bayonne Zoning Board. 21 MR. SCHNEIDER: Thank you all, very 22 much. 23 MR. MOGLINO: Thank you. 24 CHAIRWOMAN BETTINGER: Next 25 application, please. 29 1 MR. MARKS: Madam Chair, the next 2 application scheduled for Public Hearing is 3 SP-92-05, K. Hovnanian at Port Imperial, located 4 on Port Imperial Boulevard in West New York. 5 MR. DALY: Evening, Madam Chair, 6 Members of the Board. Joseph T. Daly, appearing 7 on behalf of the applicant. 8 We're here tonight for approval of 9 an amended site plan for a building on Lot 7.07, 10 West New York. We have obtained approval of the 11 amended site plan from the Town of West New York. 12 I have my engineer with me and my 13 traffic expert with me, so without further ado, 14 I'll bring them up and get them sworn. 15 First witness will be Joseph 16 Fleming. 17 If you will state your name and 18 address for the record. 19 MR. FLEMING: Joseph Fleming, 20 F-L-E-M-I-N-G, 67A Mountain Boulevard, Warren, New 21 Jersey. 22 MR. DALY: Let you be sworn now. 23 MR. CALVANICO: That's the firm of 24 Paulus, Sokolowski and Sartor? 25 MR. FLEMING: Yes. 30 1 JOSEPH J. FLEMING, P.E., P.P., having been first 2 duly sworn according to law, testified as 3 follows: 4 MR. DALY: Mr. Fleming, are you a 5 Licensed Professional Engineer in the State of New 6 Jersey? 7 MR. FLEMING: Yes. 8 MR. DALY: And is your license 9 valid as of today? 10 MR. FLEMING: Yes, I am, and it is 11 valid. 12 MR. DALY: And we have some 13 exhibits here. First one we're going to put up 14 we've marked A-1. For the record, I'll call it 15 the big picture and let Joe describe it for you. 16 MR. FLEMING: A-1 is a 17 representation of the overall Master Plan at Port 18 Imperial, and for tonight's application, we're 19 focused on the central neighborhood, Building C. 20 Just for your orientation, the blue is obviously 21 the Hudson River, Palisades are on the top of the 22 drawing, north is pointing towards me, actually. 23 This is the corporate limit line between the 24 Township of Weehawken and the Town of West New 25 York. This is the border between West New York 31 1 and Guttenberg. Again, we're talking about the 2 central neighborhood, Building C, and what I'm 3 pointing to right now is Building C. 4 MR. DALY: Chair, we have a second 5 exhibit which we've marked A-2. 6 If you can put that up and describe 7 it for the Board. 8 MR. FLEMING: This is a closer look 9 at Building C. On the top of the drawing we have 10 Port Imperial Boulevard. This is the avenue at 11 Port Imperial just below Building C. Building C 12 itself is a 10-story building. 13 Want me to describe it? 14 MR. DALY: Yes. 15 Now that you've located it, we've 16 received final site plan approval from the Town of 17 West New York for this building? 18 MR. FLEMING: Yes, we have. 19 MR. DALY: And these site plans 20 were prepared under your direction? 21 MR. FLEMING: Yes, they have. 22 MR. DALY: Okay, so now it's time 23 to describe for the Board the change in the 24 building. 25 MR. FLEMING: Actually, the 32 1 development of the building has been previously 2 approved, and now that K. Hovnanian has taken this 3 over, we've actually consolidated the building a 4 little bit. We have fewer dwelling units. It was 5 previously approved at 287, and it's now dropped 6 to 266. There is a retail component at the ground 7 floor, right here and here, and the retail space 8 has also been modestly reduced, from 49,566 square 9 feet down to 42,836 square feet. That's a 10 reduction of 6,728 square feet, and at the same 11 time, we've also augmented the parking. There's 12 additional parking spaces within the structure, 13 and when we talk about the central neighborhood, 14 it's good to talk about the neighborhood in total, 15 because what -- before, when we went before the 16 Town of West New York, we not only looked at the 17 individual buildings, we, we also looked at the 18 neighborhood as a whole, and so in the central 19 neighborhood we -- I have to go to my cheat 20 sheet -- we have roughly 200 additional parking 21 spaces from the original approval to where we are 22 tonight within the central neighborhood. 23 MR. DALY: Can you describe for the 24 Board how you're going to handle the stormwater 25 from this site? 33 1 MR. FLEMING: Again, this is a 2 comprehensive plan unit development. The 3 stormwater has already been -- the stormwater 4 conveyance systems were developed in accordance 5 with the NJDEP Waterfront Development 6 Requirements. We have a number of infiltration 7 basins that take care of the urbanized run-off 8 from these areas, and we do have direct discharge 9 after we have these filter units intercepting 10 these, the floatable contaminants before it 11 discharges directly into the Hudson River. All of 12 these points of discharge and the elements of the 13 stormwater conveyance systems have been approved 14 by the DEP and the Town of West New York. 15 MR. DALY: No further questions of 16 this witness. 17 CHAIRWOMAN BETTINGER: Any 18 comments? 19 COMMISSIONER FITZGIBBONS: We 20 approved that? Did we approve this already under 21 a different -- 22 MR. MARKS: Application? 23 COMMISSIONER FITZGIBBONS: Yeah. 24 MR. DALY: No. We were never 25 here. We initially got preliminary approval 34 1 before the Town of West New York, then we went in 2 for final and we just got that, and we're coming 3 here, then we amended the plan, so I don't think 4 we came before -- 5 COMMISSIONER FITZGIBBONS: Oh, you 6 amended the plan? 7 MR. DALY: Right. 8 COMMISSIONER ARENCIBIA: Madam 9 Chairwoman, we had a consultant, planning board 10 consultant that reviewed the project, and maybe we 11 should have him say a few words, for his comments. 12 MR. RAMON: Hi. My name is Edwin 13 Ramon from Rue Consultants. 14 We reviewed the traffic report that 15 was submitted to us a month ago. We also got a 16 new very comprehensive traffic study that included 17 the entire area, from Baldwin Avenue all the way 18 to the north end of the development. 19 We have some comments in reference 20 to that report, and the comments are, that we 21 would like to see the mitigations for the 22 intersections that fail. There are, I believe two 23 intersections that the traffic level of service is 24 F, and the mitigation shows level of service D, so 25 we believe that we need to see those mitigations, 35 1 like timing at the traffic signal, and also, if 2 they can send to us the actual plans that show 3 those changes to the traffic signals. 4 I believe your traffic engineer is 5 here, so we can talk about that. 6 MR. FLEMING: Yes. Yes. 7 MR. DALY: Okay. Are you 8 finished? 9 MR. RAMON: Yes. For now, yeah. 10 MR. DALY: Okay. Good reservation. 11 Rather than have me answer those 12 questions, I have Scott Parker of Edwards and 13 Kelcey who prepared the report here. 14 Unless you have any questions of 15 Mr. Fleming, I'll have him sit down. 16 COMMISSIONER MEHTA: Madam Chair, 17 in the application here it says, to Municipal 18 Planning Board, they're expanding, and number of 19 dwelling, they are saying 268. I think you just 20 mentioned 266. 21 MR. FLEMING: No. 268 dwelling 22 units in this application. 23 MR. DALY: Yes. 24 MR. FLEMING: The previous approval 25 for West New York was 287. We've reduced the 36 1 application from the -- it was, 2004 was the first 2 approval from West New York. 3 COMMISSIONER MEHTA: And you 4 already have approval for 268 units? 5 MR. DALY: Yes. 6 MR. FLEMING: Yes. 7 MR. DALY: We filed that resolution 8 with the Board. 9 COMMISSIONER MEHTA: All right. I 10 think here it says pending. 11 COMMISSIONER HOLLOWAY: Madam 12 Chair, I have one question. 13 Do you happen to know what type of 14 commercial store or business is going to be on the 15 ground floor, retail? 16 MR. FLEMING: I don't know the 17 specific businesses. 18 MR. DALY: Particular uses haven't 19 been decided. They're probably going to be some 20 neighborhood retail. Probably, you know, dry 21 cleaners, small markets, boutiques, but they 22 haven't formulated their tenants yet. 23 COMMISSIONER HOLLOWAY: Not like a 24 supermarket or anything like that? 25 MR. DALY: No. 37 1 Part of the development is known as 2 the Riverwalk, and in Building A across the street 3 there will be a supermarket and that will service 4 the whole Port Imperial North Development. 5 COMMISSIONER HOLLOWAY: Thank you. 6 MR. DALY: Mr. Scott Parker, 7 please. 8 CHAIRWOMAN BETTINGER: Any other 9 questions? 10 MR. DALY: Sorry. 11 For the record, your name and 12 address? 13 MR. PARKER: Scott Parker, 299 14 Madison Avenue, Morristown, New Jersey. 15 SCOTT PARKER, having been first duly sworn 16 according to law, testified as follows: 17 MR. CALVANICO: Thank you. 18 MR. DALY: Mr. Parker, have you 19 ever testified before any land use boards in the 20 State of New Jersey and been qualified in the area 21 of traffic analysis? 22 MR. PARKER: Numerous times, and 23 yes. 24 MR. DALY: And name a few, please. 25 MR. PARKER: Hoboken, Jersey City, 38 1 Weehawken, West New York, Tenafly, Englewood, 2 numerous ones throughout Essex County, Hunterdon 3 County, several boards that I represent. 4 MR. DALY: I think that's enough. 5 I'll ask the Board if they'll accept them and 6 qualify him as the expert in the field of traffic 7 analysis. 8 CHAIRWOMAN BETTINGER: Yes. 9 COMMISSIONER FITZGIBBONS: I do. 10 CHAIRWOMAN BETTINGER: We do. 11 MR. PARKER: One thing that I'll 12 fill in for you. 13 Yes, I am a Licensed Engineer in 14 the State of New Jersey since 1992. My license is 15 currently valid. 16 MR. DALY: He hates me to ask him 17 questions. 18 Have you prepared a recent traffic 19 impact study for the Port Imperial North 20 Development that was testified to by the Board's 21 consultant? 22 MR. PARKER: There was a study 23 prepared dated January 27th, 2006 that I believe 24 has been submitted to the Board. This study was 25 titled The Traffic Monitoring Program for Port 39 1 Imperial North. This was done as a requirement of 2 the West New York Planning Board, wherein as we 3 advance through this long-range Master Plan 4 Development, we are to routinely go back out, 5 monitor traffic flows, vehicle trip generation 6 rates, and verify that assumptions that were made 7 before anything was built still rank true and 8 still held valid and make any adjustments that 9 were necessary in the analysis, traffic 10 operational control and so on as we move through. 11 One clarification I would like the 12 Board to understand, this analysis was looking at 13 the next major element of development, not just 14 the particular building that is before you this 15 evening. This analysis was looking at the 16 effects, effects of the next range of development 17 of about 1,600 additional residential units as 18 opposed to, I believe this building was the 19 number, correct me if I'm wrong, 268. 20 MR. DALY: Briefly, and I emphasize 21 briefly, can you give the Board an overview of the 22 methodology you used to prepare this report? 23 MR. PARKER: Certainly. 24 In April of 2005 we had gone out 25 and conducted additional traffic counts along 40 1 various sections of Port Imperial Boulevard. We 2 supplemented that with additional counts in the 3 fall that were conducted along Port Imperial 4 Boulevard and River Road within West New York. 5 That basically formed our existing conditions. We 6 analyzed the existing intersection up and down the 7 corridor for operations and level of service, 8 projected traffic volumes several years into the 9 future. We added traffic we expect to be 10 generated by a number of other, more major 11 developments up and down the Waterfront, some in 12 Hoboken, some in West New York, some in 13 Edgewater. That formed our basic no-build 14 condition. In other words, what would happen if 15 this phase of development were to never have 16 existed. Then, based upon the counts we conducted 17 at the driveways, comparing that to the number of 18 occupied units and development that's currently 19 there, we can now calculate a rate number of 20 vehicle trips per residential unit that is 21 generated by development in this area. We applied 22 that rate to the anticipated 1,600, plus 23 additional residential development units to be 24 constructed in the coming years, added that 25 traffic to the roadway network, re-analyzed all 41 1 the same locations, compared the operations, and 2 based on that comparison, we could identify 3 locations that we expect to have our induced 4 traffic to have a significant impact or an adverse 5 affect on. Those locations were addressed with 6 some signal coordination, signal modifications to 7 basically bring those levels of service back to 8 what they would have been under the no-build 9 conditions. 10 MR. DALY: Now, in your 11 professional opinion, sir, will the building that 12 we're seeking approval for tonight with the number 13 of units we're proposing have any significance, 14 adverse impact on the traffic in Port Imperial 15 North? 16 MR. PARKER: The specific building 17 that we're speaking of tonight is a very, very 18 small piece of what this analysis entailed, and I 19 do not believe that these 268 units itself would 20 create any significant changes in the traffic 21 flows in the area. 22 MR. DALY: Let's give the Board a 23 little overview of your expertise here. 24 Have you also been retained to do 25 the traffic analysis for Port Imperial South and 42 1 in the adjoining Town of Weehawken? 2 MR. PARKER: Yes, I have. 3 MR. DALY: And have you done all of 4 the study for that development? 5 MR. PARKER: Since 1999, yes. 6 MR. DALY: Okay. Give us an update 7 on what's going down in Weehawken and what 8 improvements to the traffic that will result 9 from -- 10 MR. PARKER: Okay. 11 MR. DALY: -- things happening 12 there. 13 MR. PARKER: Okay. This one might 14 not be as brief. 15 MR. DALY: That's okay. 16 MR. PARKER: My apologies in 17 advance. 18 As you're all aware from driving up 19 and down there, this is basically one contiguous 20 large development area spanning two 21 municipalities, so you may not be very up to speed 22 and fully aware of what's going on in your 23 neighbors to the south. 24 Within Port Imperial South we're 25 currently in the, in the process of developing 43 1 interim traffic control plans with the pending 2 opening of the Weehawken Ferry Terminal, the newly 3 constructed terminal that is set to commence 4 operation sometime the end of April, perhaps 5 middle of April if all goes well. When that 6 happens, you're going to see a number of, of 7 changes that are really not reflected in these 8 overall future Master Plan level reports. 9 Currently, there is only one southbound thru lane 10 going through the Weehawken sections of Port 11 Imperial Boulevard. That obviously has a residual 12 affect on traffic operations within West New 13 York. Upon the opening of the ferry terminal and 14 the linkage to the LRT Station, which has 15 commenced sporadic operation of weekend 16 operations, we do anticipate that there will be a 17 new traffic signal installed at the intersection 18 of Road I, which is basically the second 19 intersection south of the border of West New York 20 and Weehawken. 21 CHAIRWOMAN BETTINGER: Is there any 22 way that you could show us on the map? 23 MR. PARKER: Absolutely. 24 Absolutely. Fine idea. 25 MR. DALY: And you're referring to 44 1 Exhibit A-1, for the record? 2 MR. PARKER: I'm referring to 3 Exhibit A-1, the overall orientation plan. 4 This line here represents the 5 municipal boundary within Port Imperial South. 6 There's already a signal at this main hub 7 intersection. As you travel south, the lane is 8 currently -- the curb lane in the southbound is 9 currently barreled off. That was barreled off for 10 a couple of reasons, construction of the LRT 11 Station, work within the Weehawken tunnel and work 12 within this driveway for the buses, New Jersey 13 Transit buses, particularly, the 159 and 158 14 routes, to drop passengers off at the LRT 15 Station. With that basically being completed, 16 those barrels are to be removed. There will be, 17 effectively, a doubling of the southbound capacity 18 at that location which is going to open up these 19 several blocks immediately south of the West New 20 York, the border into Weehawken, which will have a 21 positive residual affect within West New York 22 itself. In addition, when the ferry commences 23 operation, all of the parking fields that 24 currently exist in this southern area, south of 25 the existing terminal, the traffic -- 45 1 CHAIRWOMAN BETTINGER: That is the 2 existing terminal? 3 MR. PARKER: The existing ferry 4 operations are down here. 5 CHAIRWOMAN BETTINGER: Okay. 6 MR. PARKER: This is the relocated 7 ferry terminal, the new ferry terminal. 8 Currently, these areas that are shown as future 9 building pads are the surface parking that 10 everybody, I'm sure, is very familiar with. 11 Obviously, when the ferry operation is moved to 12 the north, commuters are going to want to park 13 closer to the north. Currently, what's referred 14 to in West New York as Lots 1.3, 4.5 and 2, those 15 are undeveloped spaces at the moment. Those will 16 be utilized for about 40 percent of the ferry 17 parking. As part of that, an interim traffic 18 signal has been planned and preliminary designs 19 are in to install at this location, the 20 intersection, that's what I referred to as Road I 21 and Port Imperial Boulevard. A majority of the 22 traffic that currently enters the parking fields 23 comes from points north. That traffic will now 24 have two left turn lanes in which to make their 25 left turns into the parking facilities as opposed 46 1 to the single lane adjacent to only one southbound 2 thru lane that you have there today. If you go 3 out there tomorrow, you'll see exactly what I'm 4 talking about. You go out there in about a month, 5 plus or minus a week or two, you'll see what I'm 6 describing here. There is an exclusive southbound 7 left turn lane there that will allow the vehicles 8 to enter these parking fields around the ferry 9 immediately to the west and to the north of the 10 ferry, and the northern portion of the existing 11 surface parking lots will remain active and will 12 remain there for commuter parking. 13 Now, as we move down the line of 14 time here, these two development pads here, the 15 larger pads, Lots 1.3 and 4.5 are the sites for 16 the structured parking garages for commuters. As 17 part of the development approvals with the Town of 18 Weehawken, the parking there is to be limited to 19 1,500 spaces maximum per commuter parking, as 20 opposed to the 2,400 spaces that are there today. 21 Now, the reason for that reduction is a reliance, 22 and basically, a forest is too strong of a word, 23 but a strongly encouraged reliance on transit 24 opportunities and the linkage that the Light Rail 25 service will provide to the ferry operations, so, 47 1 in effect, we're carving about a third of the 2 commuter traffic out of the traffic stream 3 because, simply, there will not be a place for 4 them to park. They will be using the North Bergen 5 lot, and at points, when the LRT's northern 6 terminus is finally established and constructed, 7 they will be using those facilities as well and 8 coming from their origin points, their residential 9 origins to the north via the LRT. The cost of the 10 LRT itself is cheaper than the cost of the 11 parking. It's cheaper, it's quicker than -- 12 there's absolutely no reason to expect people to 13 avail themselves to that. The affect there is 14 going to be felt very significantly within West 15 New York itself. Since, based on our surveys, 16 about 68 percent of the commuters come from the 17 north and come down River Road to Port Imperial 18 Boulevard, that's going to be the area of prime, 19 primary benefit with the LRT linkages in the 20 future. That traffic is going to be significantly 21 reduced. That reduction in traffic is not 22 reflected in the operation of the analysis that we 23 had conducted. It is, however, reflected in, in 24 what Mr. Ramon had referred to as this overall 25 much larger development report that we had 48 1 prepared, pardon me, for the Town of Weehawken 2 about a year ago. I can't recall off the top of 3 my head the exact date. Within the past year. 4 That looks at full development when all of Port 5 Imperial North and Port Imperial South is 6 completed, what type of traffic flow is, assuming 7 that these LRT ferry terminal linkages are in 8 place and all those links come together, what's 9 the traffic environment going to look like. 10 Now, this is truly a, sort of a 11 living, breathing development. There will be 12 changes, there will be refinements, there will be 13 revisions as we move forward. This is not all 14 going to happen tomorrow. This is a multi year 15 process, and we're going to get to know each other 16 very, very well over the course of that process, 17 because I'm sure you're going to see me quite 18 often, and as we're moving through this, these 19 refinements will start to take place, and as one 20 element comes in, we'll go back out, monitor, 21 determine how accurate our predictions are and 22 adjust what we're doing accordingly. 23 MR. DALY: Now, Scott, you were 24 here during Mr. Ramon's testimony this evening? 25 MR. PARKER: I was, yes. 49 1 MR. DALY: Do you have any problem 2 providing him with the information that he's 3 requested? 4 MR. PARKER: Not at all. Not at 5 all. 6 In fact, if I can confirm, we did 7 send out packages. I believe they went out under 8 cover letter dated March 3rd. 9 MR. RAMON: I have that. 10 MR. PARKER: Obviously you haven't 11 had ample time to go through everything. 12 MR. RAMON: I went through 13 everything, and I received your timing changes, 14 but it's just a letter stating how many seconds 15 you provide in timing changes. 16 MR. PARKER: There should have 17 been -- 18 MR. RAMON: Three letters -- two 19 letters, plus a package. 20 MR. PARKER: There should have also 21 been a stack of the highway capacity analysis 22 finding. 23 MR. DALY: Without getting into 24 particulars -- 25 MR. PARKER: I'll work that out. 50 1 Whatever you don't have, you will have. 2 MR. DALY: The applicant will 3 represent, we'll provide your expert with any 4 additional information he requests. 5 MR. RAMON: Let me say something. 6 Are you finished? 7 MR. PARKER: Sure. 8 MR. DALY: He's not done yet. He's 9 going to get questioned. 10 MR. RAMON: The first thing I want 11 to say is, I, I, I am with you, I concur with your 12 statement about trying to minimize the number of 13 parking spaces in the Parking Right facility. By 14 doing so, many traffic engineers and civil 15 engineers believe that that is going to encourage 16 the use of mass transit in the area, and that is 17 something that you have the courage to say and not 18 many people have the courage to say, because there 19 are laws now that say that we have to provide two 20 parking spaces per unit, or so many parking spaces 21 for Parking Right. I believe that we should all 22 look into that direction, right, to discourage 23 people driving. We try to encourage people to use 24 mass transit and the Light Rail that, that the 25 State has spent so much money to build. Should be 51 1 used by, by all of us, actually. 2 The second thing that I want to say 3 is that, I made reference to the letters that you 4 sent to me. I have the letters that state how 5 many seconds you're going to change the timing of 6 the traffic signals, but also, we need to see the 7 actual sheets that, that give me an idea of how 8 you're going to make these changes. We need, 9 also, a traffic signal plan. You can probably go 10 to the County and get the traffic signal plans or 11 go to the Municipality, you know, if the traffic 12 signals are all just municipality controlled 13 traffic signals, they don't go to the State. 14 Still, they should have record of those traffic 15 signals. 16 MR. PARKER: They just need an LTS 17 approval, correct? 18 MR. RAMON: So we need to see that, 19 too. It's very important to have those traffic 20 signal timing and traffic signal plans, because as 21 you know, there are some right-of-way easements. 22 It's good that you didn't take into account the 23 Light Rail, but as you know, there are some 24 right-of-way easements as far as the width of the 25 road in some areas along Port Imperial Boulevard. 52 1 MR. PARKER: Yes. 2 MR. RAMON: So having the plans for 3 the traffic signal is going to tell us if we need 4 to do any kind of relocation after the widening of 5 that road. 6 Is that right? 7 MR. PARKER: At this point we were 8 not anticipating any more significant widening. 9 Most of Port Imperial Boulevard itself is four 10 lanes with auxiliary turn lanes -- I'm sorry, 11 River Road and Port Imperial within West New 12 York. There is still going to be some refinements 13 and modification of the intersection on the very 14 northern end of Weehawken. There are left turn 15 lanes striped. The physical roadway, the car way 16 width itself is basically constructed and 17 installed, but there will be re-striping, there 18 will be modifications there, there will be 19 refinements of those intersections as individual 20 development, buildings come on-line and require 21 the use of specific auxiliary lanes and turn 22 lanes. 23 MR. RAMON: Well, specifically, I 24 know that we, maybe we don't have jurisdiction on 25 that, but it's just a general comment, the 53 1 intersection of Roadway F and Port Jersey or, 2 or -- 3 MR. PARKER: Port Imperial 4 Boulevard. 5 MR. RAMON: -- Port Imperial 6 Boulevard, that intersection, as you notice on the 7 traffic level of service analysis that you did, 8 right turn, right turn vehicles, on the left turn 9 vehicles, specifically in the a.m. peak hour, you 10 may require two lanes on the turns -- 11 MR. PARKER: Okay. If, if -- 12 MR. RAMON: -- even though you are 13 going to provide two new accesses to that parking 14 area, so that is, that is not really clear in the 15 report that you sent to us, because there's still 16 your delay based on the vehicles' capacity. The 17 DC ratios and the delays that you have are, still 18 tells me that you may need two left turn lanes 19 coming southbound into, into Roadway F. 20 MR. PARKER: If I may just address 21 that one specific issue. 22 There will be, almost as a de 23 facto, a second left turn lane for the commuter 24 traffic at Road I, so there won't be a double left 25 turn lane at one location, but there will be two 54 1 separate intersections where vehicles will be 2 turning left, southbound left to get into the 3 commuter parking. In addition to a reduction from 4 2,400 to 1,500 parking spaces, effectively, a 5 one-third reduction in the number of vehicles 6 itself, so a quasi doubling of the capacity, a 7 one-third reduction in the demand, that is viewed 8 as basically providing room for a lot of the 9 additional land use development that we expect to 10 occur. 11 MR. DALY: Madam Chairman, if I 12 might interject, we have two additional 13 applications we filed with the Board which will be 14 upcoming in April, May, maybe June. At that time 15 we can probably embellish upon the traffic reports 16 submitted, and I'm sure there will be further 17 consultation between your expert and ours and 18 maybe we can get into a little more detail at that 19 point. It would probably make more sense. 20 COMMISSIONER FITZGIBBONS: Can I 21 say something? 22 MR. DALY: Sure. 23 COMMISSIONER FITZGIBBONS: I feel 24 at this time the two parties should get together 25 here and go over this and discuss it, you know. 55 1 MR. DALY: Well, there was a 2 Subcommittee Meeting, as far as I understand. 3 CHAIRWOMAN BETTINGER: That's what 4 I was going to say. We did have this discussion. 5 MR. DALY: There was an extensive 6 discussion, review of documentation, as far as I 7 understand. 8 MR. RAMON: Let me just say 9 something. Well, this is a general comment about 10 the, that specific intersection, and that, as I 11 went to the site and I took some photos of the 12 site, there is sufficient area available for any 13 widening that needs to be done at that specific 14 intersection. I don't believe that is going to be 15 an issue as far as capacity of intersection or 16 level of service of intersection upon completion 17 of a project, so again, the easement that we have, 18 or I present to the Board is to, again, get the 19 traffic signal and the mitigations after they are 20 designed and completed by the constructions to 21 Hovnanian. 22 MR. DALY: Again, the applicant 23 agrees to provide all of that. We're just here 24 for this amended site plan for the Building C 25 tonight, and as Scott indicated to you, you're 56 1 going to see a lot of us in the future, and 2 hopefully by the next application he'll have all 3 that detail worked out and presented to your 4 expert, because that's when it will start to 5 connect in, when more units come on. 6 CHAIRWOMAN BETTINGER: Any other 7 comments? 8 COMMISSIONER ARENCIBIA: If I could 9 just add, the County roadways and intersections 10 affected are River Road, Hillside Road and 11 Boulevard East. The intersections that the 12 County's concerned with are River Road and 13 Hillside, River Road at Ferry Road, River Road -- 14 I'm sorry, Boulevard East and Hillside Road with 15 60th Street. 16 MR. PARKER: Yes. 17 COMMISSIONER ARENCIBIA: I also 18 want to add, Pershing Road and Boulevard East as 19 an intersection we're concerned with, and also, 20 Baldwin Avenue and Boulevard East, even though 21 that the Township of Weehawken is pretty much 22 handling that intersection with their own project, 23 and in your analysis monitoring program, you'll be 24 monitoring these locations, and you suggested that 25 we re-time the signals to provide the 57 1 improvements, but in addition to that, since this 2 is going to be ongoing, if the applicant agrees, 3 that if there is -- if the timing is not 4 sufficient to provide the improvements, there may 5 be other traffic signal related improvements that 6 the applicant should agree to perform, such as 7 adding detectors or whatever other upgrades may be 8 required, so that is something that I think that 9 we can't really predict at this point. 10 MR. DALY: Right. 11 COMMISSIONER ARENCIBIA: It's going 12 to be ongoing, this monitoring, unless we have a 13 system in place and coordinate with the Town 14 Engineer's Office and we have updates of how 15 things are going and we're in agreement that the 16 applicant provides these improvements as they may 17 be needed. 18 MR. DALY: On the issues you've 19 raised, that the Township of Weehawken Planning 20 Board, and we're expanding the reports that we've 21 submitted there to address all of those issues, so 22 it's not only West New York, it's Weehawken, and 23 that will be formulated and presented to you 24 probably before the next time we're here, so we 25 can start to address the individual intersection 58 1 you've raised. 2 COMMISSIONER ARENCIBIA: Right. 3 MR. DALY: It's a global report, 4 basically. 5 COMMISSIONER ARENCIBIA: Okay, 6 good. 7 CHAIRWOMAN BETTINGER: Are there 8 any other comments? 9 COMMISSIONER CHOFFO: Yes, Madam 10 Chair. 11 COMMISSIONER MEHTA: Excuse me. 12 Can you be able to locate monorail 13 stations? 14 MR. PARKER: The LRT Station is 15 actually right here, and by August -- one thing 16 that I didn't mention, currently, there's an 17 exclusive pedestrian phase just for pedestrian 18 crossing between the LRT and the ferry parking. 19 That eats up a very significant amount of the 20 capacity at that intersection. Supposedly by 21 August, September, there will be a pedestrian 22 overpass and some form of gating to discourage 23 pedestrians from actually crossing at grade across 24 Port Imperial Boulevard, which will allow us to 25 give them safe grade, separated access between the 59 1 ferry, the LRT and the parking, which will 2 basically give us 29 seconds out of 110 second 3 cycle link back per vehicle flow. That, when that 4 happens, I think you'll see a very marked 5 improvement at that location, because right now 6 pedestrian safety really has to take precedent 7 over, over vehicle flow. I don't think I'm going 8 to really get too much argument on that, and 9 that's why you're also seeing a lot of this spill 10 back affect, this residual affect that just tends 11 to run itself all the way up Port Imperial to 12 River Road. 13 CHAIRWOMAN BETTINGER: Will you 14 also be providing any type of jitney service? 15 MR. DALY: Yes. There's one in 16 place now. Right now New York Waterways runs it. 17 For the foreseeable future, they'll continue to 18 run it. I know in our prior analysis in West New 19 York we found substantial use of it, and that will 20 continue, to the best of our knowledge at this 21 point. 22 MR. PARKER: Yes. From what I 23 understand in discussions with folks at New York 24 Waterway, New Jersey Transit is soon to take over 25 some of the New York Waterway, the Boulevard East 60 1 routes, so it will actually be a NJ Transit 2 operation as opposed to the New York Waterways' 3 jitneys. New York Waterway will still be running 4 their Port Imperial Port Jitney Service from West 5 New York down to the ferry. They're still going 6 to run their waterfront service up into Edgewater 7 and Guttenberg and so on, and they will also have 8 their parking shuttle, which is just an internal 9 circulation thing, so yes, there is going to be 10 substantial, very localized jitney service as well 11 as regional and multi town bus access. 12 COMMISSIONER CHOFFO: I have two 13 questions, Madam Chair. 14 Mr. Parker, in the traffic study 15 when you spoke about the 1,600 residents or 16 additional units, did that encompass West New York 17 and Weehawken? 18 MR. PARKER: No. 19 COMMISSIONER CHOFFO: Just West New 20 York? 21 MR. PARKER: That's just West New 22 York. That was the number that I was given. That 23 is a -- I mean, that number obviously may change a 24 little bit, but that's a completion of all the 25 previously planned residential buildings 61 1 throughout Port Imperial North. 2 COMMISSIONER CHOFFO: You should 3 pull up your other sketch. I have one more 4 question for you. 5 MR. DALY: For the record, A-2. 6 MR. PARKER: This one? 7 COMMISSIONER CHOFFO: Was the 8 commercial space or the retail factored in that 9 study? 10 MR. PARKER: In this study it was 11 not, because at the time we were doing this the 12 retail was basically viewed as ancillary 13 supporting retail. What we are not going to see 14 here, obviously I can't tell you what exact stores 15 you'll see, you're not going to see a 40,000 16 square foot regional drawing, like a large Gap or 17 an Old Navy or those types of stores. It's 18 neighborhood supporting, perhaps a couple of 19 restaurants, boutique type things to serve the 20 community that's actually living here and already 21 driving into and out of this area. 22 CHAIRWOMAN BETTINGER: Any other 23 comments? 24 Do I have a motion to approve this 25 application? 62 1 COMMISSIONER CHOFFO: I'll make a 2 motion. 3 COMMISSIONER HOLLOWAY: I'll second 4 it. 5 COMMISSIONER FITZGIBBONS: On the 6 motion, I think we should put in a clause that 7 upon the completion of a complete traffic study, 8 okay, that we should approve it upon the motion of 9 a complete traffic study. 10 MR. DALY: I'd like your 11 clarification, exactly what you're seeking out of 12 this, because we do have a study presented and it 13 will be an ongoing -- 14 COMMISSIONER FITZGIBBONS: Well, we 15 have some, some questions on the application as 16 far as the, as far as the intersections are 17 concerned, about giving him the proper information 18 that he's asking for. 19 MR. DALY: That's fine, and if you 20 want to put that in the res -- I have no problem 21 with that, if that's what you're -- 22 COMMISSIONER ARENCIBIA: I think 23 he's saying that your traffic monitoring program 24 will be ongoing through its completion -- 25 MR. DALY: Fine. 63 1 COMMISSIONER ARENCIBIA: -- and any 2 necessary improvements to the traffic is provided. 3 MR. DALY: No problem. 4 COMMISSIONER AVAGLIANO: That's 5 good. 6 MR. MARKS: Madam Chair, on a 7 motion to approve application SP-92-05 made by 8 Commissioner Choffo and seconded by Commissioner 9 Holloway: 10 Commissioner Arencibia? 11 COMMISSIONER ARENCIBIA: Aye. 12 MR. MARKS: Commissioner 13 Avagliano? 14 COMMISSIONER AVAGLIANO: I vote 15 aye. 16 MR. MARKS: Commissioner Choffo? 17 COMMISSIONER CHOFFO: Aye. 18 MR. MARKS: Commissioner 19 DiDomenico? 20 COMMISSIONER DiDOMENICO: Aye. 21 MR. MARKS: Commissioner 22 Fitzgibbons? 23 COMMISSIONER FITZGIBBONS: Aye. 24 MR. MARKS: Commissioner 25 Holloway? 64 1 COMMISSIONER HOLLOWAY: Aye. 2 MR. MARKS: Commissioner Mehta? 3 COMMISSIONER MEHTA: Aye. 4 MR. MARKS: Chairwoman Bettinger? 5 CHAIRWOMAN BETTINGER: I vote aye. 6 Good luck with the project. 7 MR. DALY: Thank you, very much. 8 MR. PARKER: Thank you for your 9 time this evening. 10 CHAIRWOMAN BETTINGER: Next item. 11 MR. MARKS: Madam Chair, the next 12 application scheduled for Public Hearing is 13 SP-20-06, Omnipoint Communications, Inc., located 14 at 1584 Kennedy Boulevard in Jersey City. 15 MR. JENKINS: Good evening, Madam 16 Chair, Members of the Board. Reginald Jenkins of 17 Price, Meese, Shulman & D'Arminio on behalf of the 18 applicant, Omnipoint Communications, Inc. 19 The application that's before the 20 Board this evening is actually very similar to the 21 application the Board reviewed and approved 22 previously this evening. Omnipoint proposes to 23 construct and locate on top of the building, the 24 existing building at 1584 Kennedy Boulevard, six 25 panel antennas and in the related infrastructure 65 1 and mechanical sheds that support those antennas. 2 As was set forth in the application that we 3 submitted to the Board, this facility, and as will 4 be testified to, as well, the facility will be 5 unmanned, it will not require any sewers, any 6 water services. We respectfully submit that it 7 will not impact in any negative fashion upon the 8 County right-of-way. 9 Without anything further, we have 10 one witness to testify in support of this 11 application, Lou Moglino, who the Board also 12 previously heard from this evening. 13 MR. CALVANICO: Mr. Moglino's been 14 previously sworn, so that's fine. 15 MR. MOGLINO: Thank you. 16 LOUIS MOGLINO, P.A., having been previously sworn, 17 testified as follows: 18 MR. JENKINS: Okay. I'm assuming 19 that his testimony is acceptable to the Board, or 20 his qualifications acceptable to the Board. 21 CHAIRWOMAN BETTINGER: Right. 22 MR. JENKINS: Thank you. 23 Without any other delay, why don't 24 you, for the Board, describe the proposed project. 25 MR. MOGLINO: Okay. This 66 1 particular project is on, again, on the northeast 2 corner of the intersection of JFK Boulevard and 3 Seaview. It's an existing two-story building. Up 4 on a roof will be proposed three radio equipment 5 cabinets sitting on a steel frame, along with six 6 panel antennas, four of which will be facade 7 mounted and the other two will be on the back side 8 of the building, not exceeding the height of the 9 Sterrit (phonetic) Penthouse. Again, it's an 10 unmanned facility. It only requires electric and 11 telephone. Doesn't need any water, sewer 12 connections and so forth. 13 MR. JENKINS: And in your expert 14 opinion, do you see any impact upon the County's 15 roadway or the County's right-of-way? 16 MR. MOGLINO: No. No, sir. 17 CHAIRWOMAN BETTINGER: What type of 18 a building is this? 19 MR. MOGLINO: It's a commercial 20 building, and I believe it's also adjacent to 21 the -- there's a car dealership to the north of it 22 on the same block. 23 CHAIRWOMAN BETTINGER: Commissioner 24 Arencibia? 25 COMMISSIONER ARENCIBIA: I don't 67 1 really have any comments. 2 CHAIRWOMAN BETTINGER: Do we have 3 any other comments? 4 COMMISSIONER FITZGIBBONS: We don't 5 have any jurisdiction over this, anyway. 6 COMMISSIONER CHOFFO: I do have a 7 question, Madam Chair. 8 Is there any existing antennas on 9 there? 10 MR. MOGLINO: No. This one was 11 empty. There were no other previous carriers on 12 this roof. 13 CHAIRWOMAN BETTINGER: Can I have a 14 motion? 15 COMMISSIONER FITZGIBBONS: I make a 16 motion to accept. 17 COMMISSIONER MEHTA: I second. 18 MR. MARKS: Madam Chair, on a 19 motion to approve application SP-20-06 made by 20 Commissioner Fitzgibbons, seconded by Commissioner 21 Mehta: 22 Commissioner Arencibia? 23 COMMISSIONER ARENCIBIA: Aye. 24 MR. MARKS: Commissioner 25 Avagliano? 68 1 COMMISSIONER AVAGLIANO: Aye. 2 MR. MARKS: Commissioner Choffo? 3 COMMISSIONER CHOFFO: Aye. 4 MR. MARKS: Commissioner 5 DiDomenico? 6 COMMISSIONER DiDOMENICO: Aye. 7 MR. MARKS: Commissioner 8 Fitzgibbons? 9 COMMISSIONER FITZGIBBONS: Aye. 10 MR. MARKS: Commissioner Holloway? 11 COMMISSIONER HOLLOWAY: Aye. 12 MR. MARKS: Commissioner Mehta? 13 COMMISSIONER MEHTA: Aye. 14 MR. MARKS: Chairwoman Bettinger? 15 CHAIRWOMAN BETTINGER: I just had 16 one thought. 17 MR. MOGLINO: Sure. 18 CHAIRWOMAN BETTINGER: Was this 19 approved by the Jersey City Planning Board? 20 MR. MOGLINO: I don't believe we've 21 been in front of Jersey City yet. 22 MR. JENKINS: No. That application 23 is still pending. 24 CHAIRWOMAN BETTINGER: So we'll 25 vote pending approval. 69 1 COMMISSIONER CHOFFO: Yeah. 2 MR. CALVANICO: Subject to approval 3 by Jersey City. 4 CHAIRWOMAN BETTINGER: Subject to 5 approval, okay, then I vote aye. 6 MR. MOGLINO: Thanks. 7 MR. JENKINS: Thank you, very much. 8 MR. MARKS: Madam Chair, the next 9 application scheduled for Public Hearing is 10 SP-27-06, New Cingular Wireless PCS, LLC, located 11 at One Journal Square Plaza, Jersey City. 12 MS. ALLYN: Good evening. My name 13 is Gail Allyn, A-L-L-Y-N, from the Law Firm of 14 Pitney, Hardin representing the applicant, New 15 Cingular Wireless PCS. 16 Very similar to the application you 17 just had before this one, this is an application 18 on behalf of New Cingular Wireless to install 12 19 telecommunication antennas, one federally mandated 20 E-911 antenna and related equipment on the roof, 21 or the engineer will explain, the equipment is 22 actually above the roof on a steel structure, but 23 on the rooftop of a building. It's an existing 24 building at One Journal Square Plaza in Jersey 25 City. That's Block 586.5, Plot B. It's adjacent 70 1 to County Road, CR-501, and as you heard in the 2 last application, the way that this installation 3 will be operated, it's unmanned, it's only visited 4 approximately once a month by a maintenance 5 person, and very passive installation, no impact 6 on city utilities, sewage, water, anything of that 7 nature. 8 I have our engineer here with me 9 tonight, Terry Lulay, who will explain a little 10 bit more in detail what it looks like and answer 11 any questions that you have. 12 CHAIRWOMAN BETTINGER: Counsel, 13 would you like to swear him in, please? 14 MR. CALVANICO: Yes. 15 Please state your name and your 16 affiliation for the record. 17 MR. LULAY: Terrence, 18 T-E-R-R-E-N-C-E, middle initial R., last name 19 Lulay, L-U-L-A-Y. I'm President of Lulay & 20 Illescas Associates, Professional Engineers in the 21 State of New Jersey. 22 TERRENCE R. LULAY, P.E., having been first duly 23 sworn according to law, testified as follows: 24 MR. CALVANICO: Thank you. 25 MS. ALLYN: Mr. Lulay, just for the 71 1 Board's benefit, because we're offering your 2 testimony as an expert with respect to this 3 application, have you testified before similar 4 boards on this type of wireless telecommunication 5 installation applications and has your testimony 6 been accepted as an expert witness? 7 MR. LULAY: Yes. In many 8 jurisdictions in the States of New York, New 9 Jersey and Pennsylvania. 10 MS. ALLYN: We offer his testimony 11 tonight as an expert witness with respect to the 12 engineering aspects of the installation. 13 CHAIRWOMAN BETTINGER: Please 14 proceed. 15 MS. ALLYN: Mr. Lulay, why don't 16 you just briefly describe for the Board the 17 installation that we're proposing for New Cingular 18 Wireless so that they can understand how it would 19 be located on the building at One Journal Square 20 Plaza. 21 MR. LULAY: Certainly. 22 This is just a set of drawings 23 mounted on a hard board here, and I'll flip to the 24 main sheet which shows the overall building. 25 Plan is to -- 72 1 CHAIRWOMAN BETTINGER: Can we just 2 identify that? 3 MR. LULAY: Yes. This is sheet 4 ZO-1 on the set of drawings prepared for the 5 project. 6 Off to the left-hand side of the 7 sheet, as you view it, there are four columns, 8 building columns in this area. We are going to 9 stub up off the top of those building columns, 10 build a steel platform and mount the radio 11 cabinets above the roof in that area, so the 12 columns are checked all the way down to the 13 foundation, so it's got the structural capacity to 14 carry the equipment. The panel antennas will be 15 flush-mounted to the face of the building and 16 painted to match the background so that they're 17 not very visible to the public. The power will 18 come up through a building chase over to the 19 platform, the power of the radio and connect back 20 with a telephone network, and then the cable trans 21 will run across the roof to the various panel 22 antennas on the three sectors of the building. 23 CHAIRWOMAN BETTINGER: Which 24 building is One Journal Square Plaza? Is that 25 the -- 73 1 MR. LULAY: One Journal Square 2 Plaza is at the intersection of Kennedy Boulevard 3 and Cottage Street. It's on the western side. 4 COMMISSIONER ARENCIBIA: An office 5 building? 6 MR. LULAY: Yes. 7 MR. CALVANICO: This is the red 8 brick building about four stories tall on the 9 corner there? 10 MS. ALLYN: Yes. 11 MR. LULAY: Yes, and there's a much 12 taller building next to it. One of the sectors 13 was rearranged so that we could get around, or 14 shoot passed the taller building that's adjacent 15 to the site. 16 That's pretty much, it's a 17 straightforward application. I don't know if you 18 have any questions. 19 CHAIRWOMAN BETTINGER: Do we have 20 any questions? 21 COMMISSIONER ARENCIBIA: Will you 22 need to go into the street for any road openings 23 or any kind of work? 24 MR. LULAY: No. There will be very 25 little traffic. As in most of the Telecom sites, 74 1 it will be visited once every four to six weeks, 2 once the construction is complete, and as far as 3 this particular construction, we'll be doing, 4 lifting the different radio and the steel and that 5 sort of thing from the parking lot of the 6 building, so it won't involve shutting down the 7 street. 8 CHAIRWOMAN BETTINGER: Has this 9 been approved by the Jersey City Planning Board? 10 MS. ALLYN: No. Our application is 11 pending, and I don't think we have a hearing date 12 yet on it because it has been -- 13 COMMISSIONER ARENCIBIA: You've 14 done structural evaluation of the antennas with 15 the building? 16 MR. LULAY: Yes. 17 COMMISSIONER ARENCIBIA: Okay. 18 MR. LULAY: We'll be mounting the 19 equipment over the existing building columns, and 20 they have sufficient capacity to carry the loads 21 down to the foundation. 22 CHAIRWOMAN BETTINGER: Any other 23 questions? 24 Do we have a motion? 25 COMMISSIONER FITZGIBBONS: I make a 75 1 motion. 2 COMMISSIONER CHOFFO: I'll second 3 it. 4 MR. MARKS: Madam Chair, on a 5 motion to approve application SP-27-06 made by 6 Commissioner Fitzgibbons and seconded by 7 Commissioner Choffo: 8 Commissioner Arencibia? 9 COMMISSIONER ARENCIBIA: Aye. 10 MR. MARKS: Commissioner 11 Avagliano? 12 COMMISSIONER AVAGLIANO: Aye. 13 MR. MARKS: Commissioner Choffo? 14 COMMISSIONER CHOFFO: Aye. 15 MR. MARKS: Commissioner 16 DiDomenico? 17 COMMISSIONER DiDOMENICO: Aye. 18 MR. MARKS: Commissioner 19 Fitzgibbons? 20 COMMISSIONER FITZGIBBONS: Aye. 21 MR. MARKS: Commissioner Holloway? 22 COMMISSIONER HOLLOWAY: Aye. 23 MR. MARKS: Commissioner Mehta? 24 COMMISSIONER MEHTA: Aye. 25 MR. MARKS: Chairwoman Bettinger? 76 1 CHAIRWOMAN BETTINGER: I vote aye, 2 pending approval of the Jersey City Planning 3 Board. 4 The next application. 5 MR. MARKS: Madam Chair, the next 6 application scheduled for Public Hearing is 7 SD-31-06, St. Peter's Athletic Foundation, Inc., 8 located at Marin Boulevard and Grand Street in 9 Jersey City. 10 MR. HARRINGTON: Good evening, 11 Madam Chairwoman, Commissioners. Charles 12 Harrington of Connell Foley on behalf of the 13 applicant tonight, the St. Peter's Athletic 14 Foundation. 15 I'm here tonight for approval of 16 the major subdivision. This is before this Board 17 because, locally, before the Jersey City Planning 18 Board, the number of lots that were part of the 19 subdivision falls within the definition of a major 20 subdivision. It does not front on a County road. 21 It does not -- I don't believe that it affects any 22 County drainage. It's located down along Grand 23 Street, VanNostrin Street and Marin Boulevard. 24 I'm sure most of you are aware, if you followed it 25 within the last four to five months, the Golden 77 1 Secada Restaurant that was in the news. The prep 2 athletic facility is right behind that, and that's 3 what is the subject of this subdivision. The 4 reason for the subdivision was part of a land swap 5 between St. Peter's Prep and some adjacent 6 property owners, so that, that would facilitate 7 the creation of the athletic field. It also 8 created some, or squared off some boundary lines 9 down there to create some, some more regular lots 10 that could be developed in the future, as well. 11 It has been approved by the Jersey 12 City Planning Board, and again, it's really as a 13 matter of procedure that we come before you, 14 because it's a major subdivision under the 15 definition of the Jersey City Land Development 16 Ordinance. 17 I do have maps here if you'd like 18 me to take you through it or if you have any 19 questions. 20 COMMISSIONER FITZGIBBONS: I 21 don't -- it's just a formality, right? 22 COMMISSIONER ARENCIBIA: Right. 23 The County doesn't have any -- 24 COMMISSIONER FITZGIBBONS: 25 Jurisdiction? 78 1 COMMISSIONER ARENCIBIA: -- County 2 roadways or any property near this area. 3 CHAIRWOMAN BETTINGER: I'm just 4 curious, as a parent of a student at St. Peter's 5 Prep, what are you actually -- where is the -- 6 MR. HARRINGTON: This, this is 7 actually the field that's down there now. It's 8 all striped. 9 CHAIRWOMAN BETTINGER: It's 10 beautiful, yes. 11 MR. HARRINGTON: That was -- this 12 precipitated that before the local Board. 13 COMMISSIONER AVAGLIANO: Is this 14 the corner where that restaurant was that they're 15 gonna' sell out and give you the continuation for 16 their field? 17 CHAIRWOMAN BETTINGER: No, they're 18 not. That's what I'm questioning. 19 MR. HARRINGTON: No. This 20 subdivision has nothing to do with that corner 21 restaurant. 22 CHAIRWOMAN BETTINGER: Can we see 23 the plans a moment? Can we see your plans? 24 MR. HARRINGTON: Yeah. I mean, 25 this, this last sheet, the consolidation sheet 79 1 probably gives you the best idea of what has 2 happened here, because we subdivided all the 3 parcels, then we consolidated, and the St. Peter's 4 athletic field is located right here, along the 5 left side of the plan. This is Marin Boulevard 6 here, to the, to the west. Grand Street, here. 7 The facility comes down and then it skits here, 8 along VanNostrin, so that St. Peter's has an 9 access way along -- this block here, those were 10 consolidated as well. Those were owned by a 11 private property owner and some development 12 approvals have been approved by the Jersey City 13 Planning Board for that lot, as well. This lot 14 right here, on, I guess the northwest corner on 15 Grand Street, that is where the Golden Secada is. 16 That was the subject of all the national news, and 17 they wanted to, what they wanted to do is to grab, 18 not grab, I don't want to say that, is to obtain 19 an additional, I don't know, 15 feet. 20 CHAIRWOMAN BETTINGER: I know, it's 21 short. 22 MR. HARRINGTON: So that, so that 23 they can extend the field so they can have a 24 regulation football field. 25 CHAIRWOMAN BETTINGER: So they're 80 1 not, still not going to have a regulation football 2 field? 3 MR. HARRINGTON: No, unless they -- 4 I heard it's for sale now. 5 COMMISSIONER AVAGLIANO: He does 6 have it for sale. I think he wants the, the 7 building, I think not to give it back to the 8 school. 9 MR. HARRINGTON: Right. It's zoned 10 for open space right there. This is all part of 11 what's called the Tied Water Basin Redevelopment 12 Plan Area. 13 CHAIRWOMAN BETTINGER: Any other 14 questions? 15 COMMISSIONER FITZGIBBONS: I'll 16 make -- 17 MR. CALVANICO: Madam Chair, if I 18 might. I noticed that the Jersey City approval 19 was done back in 2003. Why was it done -- why the 20 delay? 21 MR. HARRINGTON: It, it simply was 22 a matter of, it fell through the cracks, you 23 know. We got -- they got the approvals and then 24 the major subdivision plot wasn't signed for a 25 while. It finally got signed and then, you know, 81 1 kind of hit the radar screen, well, we got to file 2 with the County and then now we're here. 3 MR. CALVANICO: What is the actual 4 subdivision that you're doing? What are the plot 5 changes? 6 MR. HARRINGTON: That's really kind 7 of convoluted. They had, they had really 8 irregular shaped lots here that kind of, this 9 almost looked like a knife coming through it. 10 That was one lot. Then you had jagged lots 11 through here, so they, they took them over. It 12 was a comprehensive land slot between St. Peter's 13 and the owner of Rackerstein-01 Associates, 14 commonly -- I think you know it as Heart Chemical 15 Building down there, if you are familiar with the 16 area. That's who the land swap is with, and then 17 they, you know, they created more rectangular and 18 square lots. 19 CHAIRWOMAN BETTINGER: Can we just 20 mark the exhibit that we're referring to this 21 evening? 22 MR. CALVANICO: Were those 23 submitted to us? 24 MR. MARKS: Those were submitted. 25 MR. CALVANICO: I believe so, 82 1 right. 2 Just identify them by whatever 3 markings you have on the bottom. 4 MR. HARRINGTON: Okay. I was 5 referring to SB-4, and previously I was referring 6 to LC-3. 7 MR. CALVANICO: Thank you. 8 CHAIRWOMAN BETTINGER: Okay. Do I 9 have a motion? 10 COMMISSIONER FITZGIBBONS: I make a 11 motion. 12 MR. CALVANICO: Before we take a 13 vote, just to let the record be clear and 14 everything is out in the open, I know your son 15 attends St. Peter's Prep. 16 CHAIRWOMAN BETTINGER: Yes. 17 MR. CALVANICO: I'm a graduate of 18 St. Peter's Prep, just so that everything is on 19 the record. 20 MR. HARRINGTON; I'm a graduate, as 21 well, and my nephew is attending, as well. 22 COMMISSIONER MEHTA: You should 23 excuse yourself. 24 COMMISSIONER FITZGIBBONS: Are they 25 going to name the field after Coach Hanson? 83 1 That's his field. 2 MR. HARRINGTON: I don't know. 3 COMMISSIONER FITZGIBBONS: We had 4 Coach Stinson in Hoboken. 5 MR. HARRINGTON: If he wins a few 6 more championships. 7 COMMISSIONER HOLLOWAY: I second 8 it. 9 MR. MARKS: Madam Chair, on a 10 motion to approve application SD-31-06 made by 11 Commissioner Fitzgibbons, seconded by Commissioner 12 Holloway: 13 Commissioner Arencibia? 14 COMMISSIONER ARENCIBIA: Aye. 15 MR. MARKS: Commissioner 16 Avagliano? 17 COMMISSIONER AVAGLIANO: I vote 18 aye. 19 MR. MARKS: Commissioner Choffo? 20 COMMISSIONER CHOFFO: Aye. 21 MR. MARKS: Commissioner 22 DiDomenico? 23 COMMISSIONER DiDOMENICO: Aye. 24 MR. MARKS: Commissioner 25 Fitzgibbons? 84 1 COMMISSIONER FITZGIBBONS: Aye. 2 MR. MARKS: Commissioner 3 Holloway? 4 COMMISSIONER HOLLOWAY: Aye. 5 MR. MARKS: Commissioner Mehta? 6 COMMISSIONER MEHTA: Aye. 7 MR. MARKS: Chairwoman Bettinger? 8 CHAIRWOMAN BETTINGER: I vote aye. 9 Good luck. 10 COMMISSIONER FITZGIBBONS: Good 11 luck. 12 MR. HARRINGTON: Thank you. 13