1 1 HUDSON COUNTY PLANNING BOARD 2 RE: ) TRANSCRIPT OF 3 MONTHLY MEETING ) PROCEEDING ) 4 ) ) 5 - - - - - - - - - - - - - Hudson County 6 Administration Building, Freeholders Chambers 7 567 Pavonia Avenue Third Floor 8 Jersey City, New Jersey Wednesday, May 17, 2006 9 6:30 p.m. 10 BEFORE: 11 RENEE BETTINGER, Chairwoman KENNEDY NG, Commissioner 12 MARY AVAGLIANO, Commissioner 13 DANIEL CHOFFO, Vice-Chair 14 BOB JASEK, Commissioner 15 16 ALSO PRESENT: 17 THOMAS CALVANICO, ESQ., Board Attorney 18 STEPHEN MARKS, Board Secretary 19 Reported By: 20 21 Mike Herman 22 23 24 2 1 2 3 4 CHAIRWOMAN BETTINGER: I would 5 like to call to order the meeting of the 6 Hudson County Planning Board. 7 Counsel, has this meeting been 8 properly advertised? 9 MR. CALVANICO: Yes, Madam 10 Chairlady. The meeting has been properly 11 advertised in accordance with the Open 12 Public Meetings Act. It's been published in 13 the Jersey Journal and has been posted on 14 the boards of the Freeholders and the 15 (indiscernible). 16 CHAIRWOMAN BETTINGER: Mr. 17 Secretary, may I have a roll call? 18 MR. MARKS: Commissioner Jasek? 19 COMMISSIONER JASEK: Present. 20 MR. MARKS: Commissioner 21 Avagliano? 22 COMMISSIONER AVAGLIANO: Here. 23 MR. MARKS: Commissioner Choffo? 24 COMMISSIONER CHOFFO: Here. 3 1 MR. MARKS: Commissioner 2 DiDomenico? Not present. 3 Commissioner Dublin? Not 4 present. 5 Commissioner Fitzgibbons? Not 6 present. 7 Commissioner Holloway? Not 8 present. 9 Commissioner Mehta? Not 10 present. 11 Commissioner NG? 12 COMMISSIONER NG: Present. 13 MR. MARKS: Chairwoman 14 Bettinger? 15 CHAIRWOMAN BETTINGER: Here. 16 MR. MARKS: Madam Chair, we do 17 have a quorum. 18 CHAIRWOMAN BETTINGER: Please 19 rise for the Salute to the Flag. 20 (Flag salute takes place.) 21 CHAIRWOMAN BETTINGER: 22 Commissioner Choffo, are these the minutes 23 of the last meeting? 24 COMMISSIONER CHOFFO: I'll 4 1 check. 2 CHAIRWOMAN BETTINGER: Do I have 3 a motion to accept? 4 COMMISSIONER CHOFFO: Motion. 5 CHAIRWOMAN BETTINGER: Do I have 6 a second? 7 COMMISSIONER NG: Second. 8 MR. MARKS: Madam Chair, on the 9 motions to approve the minutes from April 10 19th, 2006 made by Commissioner Choffo and 11 seconded by Commissioner NG: 12 Commissioner Jasek? 13 COMMISSIONER JASEK: Madam 14 Chairman, I was not here last month but I 15 read the minutes of the (indiscernible) and 16 I agree with everything. I vote yes. 17 MR. MARKS: Commissioner 18 Avagliano? 19 COMMISSIONER AVAGLIANO: 20 (Indiscernible) 21 MR. MARKS: Commissioner Choffo? 22 COMMISSIONER CHOFFO: Aye. 23 MR. MARKS: Commissioner NG? 24 COMMISSIONER NG: Abstain. 5 1 MR. MARKS: And Chairwoman 2 Bettinger? 3 CHAIRWOMAN BETTINGER: I vote 4 aye. 5 MR. MARKS: Madam Chair, the 6 motion is passed. 7 CHAIRWOMAN BETTINGER: Yes. 8 THE REPORTER: I'm afraid 9 without amplification I'm not going to be 10 able to hear what you're saying. 11 CHAIRWOMAN BETTINGER: Is that 12 better? 13 THE REPORTER: Yes. If everyone 14 could please direct your microphone. 15 MR. MARKS: Just for the record, 16 we have a new court reporting system. It's 17 not a stenographer (indiscernible). It's 18 mostly done electronically. So that's why 19 it's there. I do like the microphone. 20 CHAIRWOMAN BETTTINGER: The next 21 item on the Agenda is the status of 22 applications. Secretary would you like to 23 memorialize the resolutions recorded at the 24 meeting. 6 1 MR. MARKS: Madam Chair, a 2 memorialization of resolutions approved at 3 the last meeting, beginning with Application 4 SP-111-05, Anthony Torres as applicant. It 5 is located at 919 Patterson Plank Road in 6 North Bergen; Application SP-115-05, Port 7 Imperial South, LLC, located at Port 8 Imperial Boulevard in Weehawken; and 9 SD-41-06, located at 600 Frank E. Rodgers 10 Blvd, LLC, located at 600-602 Frank Rodgers 11 Boulevard in Harrison. 12 COMMISSIONER CHOFFO: I'll make 13 a motion. 14 COMMISSIONER AVAGLIANO: Second. 15 MR. MARKS: Madame Chair. I'm 16 sorry. Who made the second? 17 COMMISSIONER AVAGLIANO: I made 18 the second. 19 MR. MARKS: Oh, okay. I was 20 looking down. I apologize. 21 COMMISSIONER AVAGLIANO: I hope 22 it's working. I have it on. 23 MR. MARKS: Madam Chair, on the 24 motion to accept the memorialized 7 1 resolutions made by Commissioner Avagliano, 2 seconded by -- made by Commissioner Choffo, 3 seconded by Commissioner Avagliano: 4 Commissioner Jasek? 5 COMMISSIONER JASEK: Aye. 6 MR. MARKS: Commissioner 7 Avagliano? 8 COMMISSIONER AVAGLIANO: Aye. 9 MR. MARKS: Commissioner Choffo? 10 COMMISSIONER CHOFFO: Aye. 11 MR. MARKS: Commissioner NG? 12 COMMISSIONER NG: Aye. 13 MR. MARKS: Chairwoman 14 Bettinger? 15 CHAIRWOMAN BETTINGER: Aye. 16 MR. MARKS: Madam Chair, the 17 motion passed. 18 CHAIRWOMAN BETTINGER: 19 Applications declared to be exempt. 20 MR. MARKS: Madam Chair, the 21 first application is SP-45-06, Centex Homes 22 is the applicant, located at Custer Avenue 23 in Jersey City; the second application is 24 SP-49-06, Harrison Heights Development, 8 1 located at Second Street and Bergen Street 2 in Harrison; and the third application being 3 declared exempt is SP-51-06, Baker 4 Residential LP, located at 797-811 Avenue E 5 in Bayonne. 6 CHAIRWOMAN BETTINGER: Do I have 7 a motion? 8 COMMISSIONER AVAGLIANO: Motion 9 to accept. 10 CHAIRWOMAN BETTINGER: Do I have 11 a second? 12 COMMISSIONER CHOFFO: I'll 13 second. 14 MR. MARKS: Madam Chair, on a 15 motion made by Commissioner Avagliano and 16 seconded by Commissioner Choffo: 17 Commissioner Jasek? 18 COMMISSIONER JASEK: Aye. 19 MR. MARKS: Commissioner 20 Avagliano? 21 COMMISSIONER AVAGLIANO: Aye. 22 MR. MARKS: Commissioner Choffo? 23 COMMISSIONER CHOFFO: Aye. 24 MR. MARKS: Commissioner NG? 9 1 COMMISSIONER NG: Aye. 2 MR. MARKS: Chairwoman 3 Bettinger? 4 CHAIRWOMAN BETTINGER: Aye. 5 MR. MARKS: Madam Chair, the 6 motion passed. 7 CHAIRWOMAN BETTINGER: The first 8 application for this evening? 9 MR. MARKS: Madam Chair, the 10 first application scheduled for Public 11 Hearing this evening is SP-109-05, Cinelli 12 Iron & Metal Co. Inc., located at 310 Old 13 Secaucus Road in Secaucus. 14 MR. ATKINS: Good evening. Good 15 evening. Can you hear that? My name is Jay 16 Atkins of the law firm of Sunshine, Atkins, 17 Minassian & Tafuri and I represent Cinelli 18 Iron & Metal. And we're ready to proceed 19 with our application. 20 We appeared before this Board in 21 a work session approximately a month ago. 22 And we went over our plans and proposals 23 with the Board in work session with its 24 professionals; and a result of that input 10 1 and that action, we made substantial changes 2 to meet requests such as increased pipe 3 diameters, providing turning radiuses, truck 4 diagrams, how trucks would move in and out, 5 et cetera. And we provided all of the 6 information that we were requested by in 7 that work session to the Board either in 8 revisional plans or in supplemental data. 9 So, with the Board's permission, 10 I would offer our engineer, Mr. Polyniak, if 11 you want to swear him, and he can present 12 our overall plan and site plan and then I'll 13 open him up for questioning by the Board 14 and/or its professionals, if that's 15 acceptable. 16 CHAIRWOMAN BETTINGER: Yes, it 17 is. 18 MR. ATKINS: Okay. Does 19 somebody want to swear him? 20 MR. CALVANICO: Please state 21 your name and your affiliation for the 22 record. 23 MR. POLYNIAK: Yes. Gregory 24 Polyniak, P-O-L-Y-N-I-A-K, Neglia 11 1 Engineering Associates. 2 G R E G O R Y P O L Y N I A K, having been 3 first duly sworn according to law, testified 4 as follows: 5 MR. ATKINS: Mr. Polyniak, you 6 are a licensed professional engineer in the 7 State of New Jersey? 8 MR. POLYNIAK: Yes, I am. 9 MR. ATKINS: And you prepared 10 all of the engineering plans and site plans 11 for this application? 12 MR. POLYNIAK: Yes. 13 MR. ATKINS: Now, I realize you 14 want this on a mike but the exhibit is up 15 there. How would you like us to do this so 16 -- 17 THE REPORTER: There is a 18 microphone on this table. 19 MR. ATKINS: Is it? I'm sorry. 20 21 THE REPORTER: (indiscernible) 22 MR. POLYNIAK: Yes, I do. 23 MR. ATKINS: Mr. Polyniak, 24 you've prepared all of the site plan and 12 1 engineering detail for this site, have you 2 not? 3 MR. POLYNIAK: Yes, I have. 4 ATKINS: And you've submitted, 5 for example, all of your calculations, pipe 6 details, et cetera, to the County Planning 7 Board's engineers and professionals for 8 their review? 9 MR. POLYNIAK: Yes, I have. 10 MR. ATKINS: And you've changed 11 some of the design, in fact, at their 12 request, have you not? 13 MR. POLYNIAK: Exactly, we have. 14 MR. ATKINS: Could you give a 15 general overboard to the members of the 16 playing board concerning what Cinelli is 17 proposing to do and how you've designed this 18 facility to act? 19 MR. POLYNIAK: Sure. Cinelli 20 Iron & Metal is proposing a metal recycling 21 facility at 310 Secaucus Road in the town of 22 Secaucus. It's located on block 62, lot 13 23 and it's approximately 3.62 acres, just to 24 cite size. It's bound by industrial 13 1 properties on either side, Penhorn Creek and 2 Secaucus Road. The site is under MJMC 3 jurisdiction and we submitted plans and 4 provided plans for the MJMC which meet those 5 early requirements for the area. 6 The proposed development has one 7 main access drive off of Secaucus Road. 8 Vehicles including employees and trucks 9 visiting the site which are carrying 10 material would enter the site off of 11 Secaucus Road and loop around the site 12 toward a series of five loading or storage 13 areas. They're denoted as circles on Sheet 14 3 of 12, which is the site plan, which is 15 what I'm discussing at this point in time. 16 In those areas, there's equipment or cranes 17 located there to sort the material and move 18 it to this correct pile so that when 19 vehicles enter the site and would like to 20 move it to another location, say, a steel 21 truck or a copper truck, the material is 22 sorted properly. 23 For the development, what we 24 have designed is a small building located in 14 1 the front of the site which would store the 2 offices. It would also contain an office to 3 monitor the amount of material coming to the 4 site and also tear out the truck as they 5 leave the site with or without materials. 6 MR. ATKINS: Mr. Polyniak, 7 you've gone over with the County 8 professionals, have you not, how trucks 9 would arrive and leave? 10 MR. POLYNIAK: Yes, we have. 11 MR. ATKINS: And generally, the 12 truck traffic that would arrive would be our 13 trucks, would it not? 14 MR. POLYNIAK: Exactly. It 15 would be our trucks. We would schedule them 16 so not to impede, one, our access on site. 17 If we were to have too many trucks coming to 18 our site, we wouldn't be able to function 19 and move the material just due to the truck 20 turning templates on site and we would fault 21 and freeze our own operation, so, as a sense 22 of security, we like to present to the 23 County that -- 24 MR. ATKINS: So we function kind 15 1 of like an air traffic controller in that we 2 control the flights in and out of our fleet? 3 MR. POLYNIAK: Exactly. And we 4 have to to function correctly. 5 As part of the project, we've 6 also designed an underground storm water 7 management system with water quality and 8 water quantity reductions. A permit has 9 been issued by the DEP and they satisfy the 10 state storm water management requirements. 11 Your professionals have reviewed the report, 12 made some comments concerning the outlet, 13 site the outlet, site the embattered 14 revision on this subsequent -- 15 MR. ATKINS: Additionally, we're 16 not going to be taking in any 17 environmentally contaminated material, are 18 we? 19 MR. POLYNIAK: Not whatsoever. 20 Relative to what we have done for the most 21 recent submittal to address the 22 professionals' comments, again, we provided 23 plans that illustrate the truck turning 24 movement on site, for both a singles unit 16 1 truck and a large WV62 truck for deliveries 2 to the office itself and enlarge the outlet 3 pipe as part of the project. Other than 4 that -- 5 MR. ATKINS: Prior to tonight, 6 we received a letter from Mr. Marks as a 7 result of our meeting in the work session 8 requesting that we responded to the comment 9 letter by Medina Associates of January 26, 10 2006. In fact, have you provided all of 11 those responses and provided all of the 12 details that that letter requested? 13 MR. POLYNIAK: Yes, we have. 14 Other than one agreement, we came -- 15 discussed with the Board's engineer which 16 was -- 17 MR. ATKINS: And that was a 18 slight adjustment in the fencing? 19 MR. POLYNIAK: Exactly. 20 MR. ATKINS: Could you address 21 that and we'll amend the plan to reflect 22 that? 23 MR. POLYNIAK: Exactly we will. 24 It's a slight L-shape which we'll provide 17 1 along the frontage at the access drive to 2 permit a truck, say, during closing 3 operations so that it could enter our 4 driveway and back out onto Secaucus Road and 5 make a U-turn -- 6 MR. ATKINS: Even after we're 7 closed? 8 MR. POLYNIAK: After we're 9 closed, correct. 10 MR. ATKINS: So we would just 11 change the design of the fence to allow 12 access into our driveway and fence the 13 driveway a setback from the road, as opposed 14 to close to the road, is that correct? 15 MR. POLYNIAK: Correct. 16 MR. (?): Excuse me, Madam 17 Chairlady, if I may. Could you just have 18 Mr. Polyniak identify the drawing that he's 19 been referring to -- 20 MR. ATKINS: Do you want me to 21 have him mark it? What drawing? That's one 22 of the site plans that the Board has, right? 23 What sheet is it? 24 MR. POLYNIAK: It's the site 18 1 plan that the Board has. It's Sheet 3 of 12 2 within your drawing package. 3 MR. ATKINS: And just to review 4 them so that the Board makes sure they have 5 a complete package. You have the rest of 6 the package mounted on oak tag, right? 7 MR. POLYNIAK: Yeah. I have the 8 rest of the package mounted on boards. 9 MR. ATKINS: And just identify 10 the sheets so the Board -- like you talked 11 about the truck turning and -- 12 MR. POLYNIAK: I have a grading 13 and drainage plan, which is Sheet 4 of 12, 14 which was the underground storm water 15 management system that shows the discharge 16 to Penhorn Creek and provides for a storm 17 filter type product to meet the water 18 quality requirement of the (indiscernible 19 (uh cape)). 20 I have a utility plan, which is 21 Sheet 5 of 12, which shows our sanitary 22 sewer connections to a distant sanitary 23 sewer within Secaucus Road. 24 I have a landscaping plan, which 19 1 is Sheet 6 of 12, which shows a series of 2 street trees along the front of the property 3 to beautify the property. We've also 4 provided a landscape buffer along the sides 5 of the property, again, to shade the 6 adjacent properties in View 5 site. 7 MR. Marks: Can you just 8 identify the documents by date also, please? 9 What's the date of them? 10 MR. POLYNIAK: Sure. The 11 drawing I'm referring to has been last 12 revised February 24th, 2006. 13 MR. ATKINS: But that's not, as 14 it relates to each and every one of the 15 sheets. Some of them were revised later, is 16 that correct? 17 MR. POLYNIAK: Exactly. 18 Correct. 19 MR. ATKINS: Do you want me to 20 have him indicate that for the record? 21 MR.: The ones -- my records 22 indicate we talked about Sheets 3, 4, 5 and 23 6. Just give us the dates for each of those 24 so that the record is complete. 20 1 MR. POLYNIAK: Sure. February 2 24th, 2006 is the site plan. 3 MR. MARKS: That's Sheet 3? 4 MR. POLYNIAK: That's Sheet 3. 5 MR. ATKINS: And we will be 6 making one adjustment to that, that being 7 indenting the fence. 8 MR. POLYNIAK: The drainage plan 9 is March 16th, 2006. 10 MR. MARKS: Which number is that 11 for? 12 MR. POLYNIAK: That is Sheet 4 13 -- no, sorry. I was looking at the utility 14 plan. It's April 10, 2006. 15 MR. ATKINS: And that reflects 16 the bigger pipe? 17 MR. POLYNIAK: Exactly. The 18 Utility -- sorry. 19 MR.: Sheet 4 of 12 is the April 20 date? 21 MR. POLYNIAK: Yes. The utility 22 plan is Sheet 3 -- is Sheet 5 of 12. It's 23 March 16th, 2006. 24 MR.: Sheet 5 is -- 21 1 MR. ATKINS: March 16th, 2006. 2 MR. POLYNIAK: The landscaping 3 plan, which is Sheet 6 of 12, was last 4 revised February 24th, 2006. 5 The lighting plan, which I'm 6 presenting, illustrates the lighting that we 7 have across the site. It shows very, very 8 minimal spillage on the adjacent properties 9 and provides cuddle-ups -- light sheers or 10 cuddle-ups to block light in from shining 11 over to adjacent properties. That is 12 illustrated on Sheet 7 of 12, last revised 13 March 16, 2006. 14 And in the final plan, plans 15 that I had, are Exhibit A and Exhibit B, 16 which are truck turning template moving 17 plans. The first one, Exhibit A, was last 18 revised April 10th, 2006. What it 19 illustrates is the WB62, which is a tractor 20 trailer visiting the site. It would enter 21 off of Secaucus Road. It possibly would 22 utilize the scale, if need be, would 23 traverse the site back into the loading area 24 to access the office to unload supplies to 22 1 the office, if need be. 2 MR. ATKINS: Just so the Board 3 understands, the scale -- we know what our 4 trucks weigh. The materials loaded onto the 5 trucks, the truck, which is a predetermined 6 weight, enters on the scale. The difference 7 between the weight of the truck and the 8 actual reading on the scale determines how 9 much metal has been delivered and the prices 10 are adjusted accordingly and then it enters 11 the site after it's weighed. 12 MR. POLYNIAK: And then Exhibit 13 B was created April 10, 2006. There's no 14 revision date. It illustrates the single 15 unit truck which would enter the site and 16 tear out at the scale -- in and out at the 17 scale -- and it shows a typical delivery 18 pattern in each of the individual trained 19 locations for material to be offloaded and 20 onloaded onto the trucks and then exit the 21 site onto Secaucus Road. 22 MR. ATKINS: And, Mr. Polyniak, 23 the applicant would accept this as condition 24 of approval that all necessary state and 23 1 municipal permits and approvals that are 2 required would have to be obtained as a 3 condition of final approval here, is that 4 not correct? 5 MR. POLYNIAK: Yes, yes it is. 6 MR. ATKINS: And once approval 7 is granted, we would also have to obtain 8 county road opening permits from the 9 appropriate accounting authorities, is that 10 correct? 11 MR. POLYNIAK: We definitely 12 would. 13 MR. ATKINS: And that's an 14 acceptable condition, is it not? 15 MR. POLYNIAK: Yes, it is. 16 MR. ATKINS: And, I believe, 17 we've also -- we received a request to pay 18 an additional 2,000 dollars in escrow 19 deposits. I think that money and check has, 20 in fact, been delivered? So I'm reading 21 through your letter, Mr. Marks, so that we 22 don't miss anything. We already addressed 23 the Medina Associates letter. We were asked 24 if we would make a pro rata contribution to 24 1 the Penhorn Creek pumping station and we 2 indicated we would, except that a lawful pro 3 rata contribution. The answer is that's a 4 condition that's acceptable to this 5 applicant. And the second condition we were 6 asked if we would make a contribution to the 7 potential installation of a traffic signal 8 at Secaucus Road and Old Secaucus Road if, 9 in fact, same is installed by the county. 10 And the answer is yes, we would accept as a 11 condition of approval an appropriate lawful 12 pro rata contribution if, in fact, that 13 improvement is ever made. 14 So, is there any other area that 15 either the Board or its professionals wish 16 us to address through our engineering 17 witness? 18 CHAIRWOMAN BETTINGER: Do our 19 engineers have any comment? 20 MR. DEROSIER: Good evening, 21 Board members. The applicants engineer has 22 addressed all of our comments through our 23 letters and our work session to our 24 satisfaction. As indicated earlier, we did 25 1 have an agreement to move the fence line 2 back an additional 35 feet from the edge of 3 curb on the roadway for a total length of 65 4 feet, and they have agreed to do that. So, 5 we are okay. 6 The Reporter: If they can 7 identify themselves? 8 MR. DEROSIER: My name is Jeff 9 Derosier. I am from Medina Consultants. 10 MR. ATKINS: And you're the 11 county engineer, right? 12 (?): No. 13 MR. ATKINS: Or, the county 14 consultant? Yes. Also, in the audience, 15 and I guess I'll let them speak for 16 themselves, is Mr. Leanda, the attorney for 17 Secaucus and the captain of the Secaucus 18 police department, and they indicated to me 19 that they're concern was that if there was 20 an installation of a light in an area -- 21 what's the name of the road? 22 Mr. (?): Secaucus Road. 23 MR. ATKINS: Secaucus Road -- in 24 the event a motel is built and the county 26 1 approves it, would we contribute to that? 2 And we indicated to them, and I've so put on 3 the record, that, in fact, we would. And 4 that was my understanding that was the 5 nature of their concern. So, we've 6 addressed that also. 7 CHAIRWOMAN BETTINGER: 8 Commissioner Jasek, do you have any 9 comments? 10 COMMISSIONER JASEK: Madam 11 Chair, I have been sitting at the Board of 12 preorders for past sessions and they were 13 dealing -- they are dealing with extension 14 of the facility in North Bergen. It's a 15 facility which deals with the construction 16 debris. And there was hours and hours of 17 the public comment for this. I wonder if 18 this application needs to be approved by 19 Hudson County Improvement Authority. 20 MR. ATKINS: No, it's -- I 21 believe, it's under the exclusive 22 jurisdiction of the Metal Lands Commission. 23 And we have -- our final approval is 24 pending. We've received some preliminary 27 1 approvals. And, of course, the County. 2 CHAIRWOMAN BETTINGER: So it 3 hasn't been approved? 4 MR. ATKINS: Greg, you can 5 respond to that. 6 MR. POLYNIAK: It's been 7 approved for a soil moving permit at this 8 stage in the game. What we're moving 9 forward with is the building permit, which 10 is to construct the building. They've 11 permitted us to, at this stage, move soil, 12 construct piping, construct retaining walls. 13 They're looking for the building plan 14 itself, which is located at the frontage and 15 also a small lavatory toward the rear. 16 They're reviewing the building. 17 MR. ATKINS: And we anticipate 18 that approval shortly. But, obviously, your 19 approval will be conditioned upon us 20 obtaining all the approvals necessary. 21 That's an acceptable condition. Obviously, 22 we couldn't go ahead without their approval 23 but we can't go ahead without yours. So, 24 we're linking the two. 28 1 CHAIRWOMAN BETTINGER: Do any of 2 the commissioners have any comments? 3 COMMISSIONER AVAGLIANO: I have 4 one comment. I know it's going around the 5 circle in against the sign "Cinelli." Scrap 6 metal going underneath the skyway. Is that 7 going to be an entrance over there? 8 MR. ATKINS: No, that's nothing 9 to do with our business. That's another 10 brother in a separate business. 11 COMMISSIONER AVAGLIANO: Oh, 12 it's still Cinelli. 13 MR. ATKINS: Well, they happen 14 to be born with the same name. 15 COMMISSIONER AVAGLIANO: Okay. 16 No problem. 17 MR. ATKINS: But Cinelli Scrap 18 Metal is different than Cinelli Iron & 19 Metal. 20 COMMISSIONER AVAGLIANO: Is it? 21 Oh, okay. No problem. Next question. When 22 your trucks leave your plant or come back, 23 will they be covered with the scrap? 24 Normally, they put a mesh over the truck so 29 1 it doesn't fall over to the roadway. Will 2 these trucks be covered with -- 3 MR. ATKINS: We have our 4 director of operations here. If you want, 5 why don't we wait for that question. I'll 6 have him address it when I produce him. 7 Let's finish with the engineer, 'cause -- 8 COMMISSIONER AVAGLIANO: Okay. 9 MR. ATKINS: Is that fair 10 enough? 11 COMMISSIONER AVAGLIANO: Fair 12 enough for me. 13 MR. MARKS: Madam Chairlady, if 14 I might add a couple questions about the 15 permitting. We know that your applications 16 to DEP, Soil District, Army Core and that 17 were submitted some time ago. Are those 18 still all pending or -- 19 MR. POLYNIAK: Soil Erosion has 20 been received. DEP has been received. Army 21 Core has been received. Do you want the 22 other ones? 23 MR MARKS: Those were the three. 24 MR. POLYNIAK: Yeah. Those we 30 1 had received. 2 MR. ATKINS: And, Greg, didn't 3 we provide copies of them to the 4 professionals? 5 MR. POLYNIAK: I believe we 6 have. If we haven't, we can fax or mail a 7 copy of those -- 8 MR. ATKINS: We have all of 9 those. 10 Q: Madam Chair, we did receive 11 a zoning certificate from the Metal Lands 12 Commission but I would ask that the 13 applicant submit the additional information 14 to us. 15 MR. ATKINS: The ones that we 16 just mentioned? 17 Q: Yeah. 18 MR. ATKINS: We'll have it 19 delivered tomorrow. 20 MR. MARKS: With respect to the 21 DEP permits, where your solid waste permit 22 takes place, what's the status of that 23 application? This is considered a recycling 24 facility, is it not? You have DEP permits? 31 1 MR. ATKINS: We have it. We 2 don't have a copy of it here but we have it. 3 4 MR. MARKS: Yeah. No, I'm 5 talking about recycling of solid waste 6 obtaining permits. Do you have a tonnage 7 limit? 8 MR. ATKINS: We don't need a 9 solid waste permit that I'm aware of. We've 10 submitted all of our operations to DEP. 11 They've issued us a zoning approval letter 12 that we're a lawful use for it. 13 MR. MARKS: So you don't need a 14 Class A, B, C recycling permit? You got a 15 tonnage limit on the facility? 16 MR. ATKINS: No. 17 COMMISSIONER CHOFFO: I have a 18 question, Madam Chair. Excuse me. The 19 weigh station, where is the location for 20 that? 21 MR. POLYNIAK: It's really an 22 access drive. It's set back approximately 23 65 -- I'd say, close to 85 feet from the 24 right of way of Secaucus Road. It's located 32 1 -- the ramp is in this area and then you 2 have a flat area of scale and then the ramp 3 down from the scale itself. 4 COMMISSIONER CHOFFO: Any trucks 5 entering them would be right turn in, right 6 turn out only? 7 MR. POLYNIAK: The trucks 8 entering would be right turn in -- 9 MR. ATKINS: I think it's left 10 turn out because right turns a dead-end. 11 MR. POLYNIAK: Left turn out 12 there's a dead-end after BPW and Secaucus. 13 COMMISSIONER CHOFFO: And do you 14 know the number of trucks per day that would 15 be coming in? 16 MR. POLYNIAK: We don't 17 anticipate more than, I would say, close to 18 -- I would say, five trucks in, five trucks 19 out. That's not to say that's what it's 20 going to be but that would be an average day 21 just into the size and the site and what we 22 do. That's not a set in stone amount of 23 trucks but that's what we anticipate per day 24 based on the tonnage that would come in -- 33 1 COMMISSIONER CHOFFO: Five per 2 day or five per hour? 3 MR. POLYNIAK: I believe it 4 would be about five per day. 5 MR. ATKINS: No, I figure that's 6 -- Mr. Campbel, I think that's at any one 7 time. 8 MR. POLYNIAK: Yeah. 9 MR. ATKINS: We can accommodate 10 three at the piles, two stacking. That's 11 it. 12 CHAIRWOMAN BETTINGER: How will 13 you handle if someone shows up without an 14 appointment? 15 MR. ATKINS: We're in radio 16 communication with our trucks. It's all by 17 appointment. Because it has to be weighed 18 and unloaded. We have people there -- I'll 19 let Mr. Campbell address that but you just 20 can't show up and get the truck weighed and 21 unloaded. It's not possible. So you have 22 to -- if some consumer -- some seller wants 23 to show up at our site and have us buy their 24 metal, they have to call and schedule an 34 1 appointment. 2 CHAIRWOMAN BETTINGER: But if 3 they show up -- 4 MR. ATKINS: We send them away. 5 6 CHAIRWOMAN BETTINGER: Send them 7 away. 8 MR. ATKINS: But nobody does 9 that. It's a very expensive process to load 10 a truck, get a truck, bring it there, get it 11 weighed, get it unloaded and have it leave. 12 You know, this isn't a nickel and dime 13 operation. This is a very substantial 14 operation. 15 CHAIRWOMAN BETTINGER: Any other 16 questions? I believe Commissioner Avagliano 17 had a question for (indiscernible, overtalk) 18 MR. ATKINS: My next witness -- 19 if you have no more questions for our 20 engineer -- Mr. Campbell, you have to be 21 sworn. 22 MR. MARKS: State your name and 23 your affiliation for the record, please. 24 MR. CAMPBELL: My name is 35 1 William Campbell. I'm the director of 2 operations and general manager for Cinelli 3 Iron & Metal Company in Hackensack. 4 W I L L I A M C A M P B E L L, having been 5 first duly sworn according to law, testified 6 as follows: 7 MR. ATKINS: And, Mr. Campbell, 8 you have to pick a microphone. If you want 9 to go there, that's fine, or you can come 10 here. 11 MR. CAMPBELL: I'll stay here. 12 Thank you. 13 MR. ATKINS: Mr. Campbell, you 14 are the general manager of operations of 15 Cinelli, is that correct? 16 MR. CAMPBELL: That is correct. 17 MR. ATKINS: One of the 18 commissioners asked whether or not trucks 19 would be covered or if their metal they 20 would be bringing would be dropping all over 21 the roadway. Could you address that? 22 MR. CAMPBELL: Yes, I can. For 23 the most part, the materials that are being 24 delivered out of the yard are not going to 36 1 be required to be covered. If there is any 2 material, such as what we consider light 3 iron or lighter gauge material, yes, that 4 would, in fact, be covered with wood tarps. 5 Most of the material that's being added here 6 is very heavy gauge, plate and structural 7 type material, where it's not going to fly. 8 MR. ATKINS: Give the 9 commissioner an example of the type of 10 material Cinelli takes in. 11 MR. CAMPBELL: Okay. Most of 12 our business is predicated on industrial 13 grades materials, which means that mostly 85 14 to 90 percent of materials that we buy are 15 bought from manufacturers of steel. Of 16 whatever. Might be car manufacturers, might 17 be bushling accounts where people are making 18 punchings, and so on and so forth. And, 19 most of this material is very dense, it's 20 very solid. It's not very light-gauged type 21 material. So, it's not about to fly or 22 bounce of any kind. So, the materials that 23 we're buying are manufactured materials. 24 It's not things that are being pulled out of 37 1 the ground or out of auto records. We do 2 not handle automobiles. We do not handle 3 anything that's got grease or oil or 4 anything. 5 MR. ATKINS: How about if a 6 building was torn down? Would you buy, for 7 example, the metal supports? 8 MR. ATKINS: Absolutely. 9 MR. ATKINS: And then you'd 10 recall -- 11 MR. CAMPBELL: Structural steel, 12 that would be delivered to our facility 13 which we would then prepare it and then make 14 ready for steel -- 15 MR. ATKINS: In fact, Cinelli 16 assisted with the disposition on the World 17 Trade Center, did it not? 18 MR. CAMPBELL: That is correct, 19 yes. And we have other large demolition 20 companies that we've contracted with that we 21 are dealing with. 22 MR. ATKINS: And do you also do 23 all of this -- a lot of the steel moving for 24 public service? 38 1 MR. CAMPBELL: Absolutely. We 2 are the sole scrap dealer for the entire 3 state of New Jersey for PSE&G, including 4 their nuclear plants up in Albany and Salem. 5 MR. ATKINS: But we're not 6 bringing in any nuclear materials here, are 7 we? 8 MR. CAMPBELL: No, no. 9 Absolutely not. 10 MR. ATKINS: Let's make sure of 11 that. I don't want a glowing report. 12 (Laughing) But the material is heavy and 13 it's substantial? 14 MR. CAMPBELL: Absolutely. 15 MR. ATKINS: Explain about the 16 weighing and the trucks so the commissioners 17 have an idea -- 18 MR. CAMPBELL: Sure. 19 MR. ATKINS: -- of how we work 20 and make our living. 21 MR. CAMPBELL: Okay. When the 22 materials are picked up at a customer or if 23 a customer shall bring material in, 24 obviously, we weigh it up to keep records, 39 1 obviously, for payment to those particular 2 companies that we're buying material from. 3 That material is then placed in whatever 4 particular commodity pile that is there. If 5 it's already prepared, meaning that the 6 mills or the end user has certain specs that 7 it wants that material to be, whether it be 8 three foot in length and eighteen inches 9 wide, so on and so forth. 10 MR. ATKINS: If not, do you do 11 that on site? 12 MR. CAMPBELL: Yes we do and we 13 have a few methods in which we do that. One 14 is we have a large shear on site that we 15 feed and we prepare the material to whatever 16 spec that particular mill wants that 17 particular commodity to be. We also have 18 what they call a bounty shear, which is a 19 shear that sits on the end of a crane, and 20 it shears, again, the material to whatever 21 particular size that might be. 22 MR. ATKINS: Just to interject 23 then, so we're taking material that's been 24 used once or excess and then, in essence, 40 1 recycling it into the stream of commerce to 2 be used again. 3 MR. CAMPBELL: Absolutely. 4 Right. It goes back to the end user, which 5 would be a mill or some sort of facility 6 that would then remelt it and then, 7 obviously, the material would be used again 8 for whatever the purpose is that they wish 9 to use it for. 10 MR. ATKINS: And they won't take 11 contaminated material? 12 MR. CAMPBELL: No, absolutely 13 not. Okay? For obvious environmental 14 reasons. And if anybody has got any idea 15 when you put material into a steel furnace 16 if it's got any kind of oil residue or any 17 kind of galvanize on the outside, of course, 18 there's smoke and infectious type material 19 that comes from that. And that's the reason 20 that we can't handle any of that. And mills 21 won't accept it. Yes, Ma'am? 22 COMMISSIONER AVAGLIANO: So, in 23 other words, your material would not be 24 maybe less than three feet of six feet? 41 1 There would be no turnings, any kind of 2 sheet tuff turnings and short shoving 3 turnings where they will have to be covered? 4 MR. CAMPBELL: Very good. We do 5 have one or two accounts that do handle 6 turnings. But we do not bring them into the 7 yard. They're delivered directly to the 8 mills. Actually, City Steel in Maryland is 9 one of the places that we take it. 10 COMMISSIONER AVAGLIANO: Well, 11 when turnings are shipped from one port or 12 one office to another, they should be 13 covered with -- I've seen it where it goes 14 off the trail as they're driving the highway 15 and it's not pleasant to go over it with 16 your tires. 17 MR. CAMPBELL: No, absolutely 18 not. 19 MR. ATKINS: We get paid on the 20 pound so we want to -- we want to -- but we 21 get paid by the pound so we want it on our 22 truck. 23 COMMISSIONER AVAGLIANO: Oh, I 24 know. 42 1 MR. CAMPBELL: That might be one 2 of the exceptions to the rule where that 3 particular box or container would be covered 4 prior to it leaving original facility. 5 COMMISSIONER AVAGLIANO: It will 6 be covered? 7 MR. CAMPBELL: Yes, ma'am. 8 COMMISSIONER AVAGLIANO: I have 9 no problem with that. 10 MR. ATKINS: And can you also 11 address how trucks are scheduled and people 12 don't just show up without an appointment so 13 that they have an understanding. 14 MR. CAMPBELL: Well, out of all 15 of our fleet of trucks, each one of them has 16 a schedule that they actually are presented 17 with each morning, so we know exactly what 18 time, through our dispatching department, 19 what time they're going to be arriving at 20 our facility, those that do come back to us. 21 Some of them don't come back to us. 22 They're delivered directly either to some of 23 the other steel recycling companies in the 24 area, such as U Go New or Metals Management 43 1 or mills themselves, Rareton River or New 2 Jersey Steel such as those. 3 Those that do come back to our 4 facility to be prepared or whatever the case 5 may be, everything is scheduled in. I mean, 6 we have communication between all the 7 drivers with short wave radios and we all 8 have Nextel Communications with everyone. 9 So, there's constant communication, we know 10 exactly what time they're coming in. We 11 need to know that because if there's trucks 12 that are in front of them, we need to have 13 them out before the next guy comes in. 14 MR. ATKINS: And also, I mean, 15 we understand that in all human events you 16 can have things like traffic accidents or 17 traffic jams that affect your ability to 18 schedule, is that not so? 19 MR. CAMPBELL: Absolutely. I 20 mean, everybody here is aware of the area 21 and the highways and the unfortunate 22 situations that happen. 23 MR. ATKINS: And would you also 24 be using, as a general rule, a particular 44 1 exit of a turnpike for a particular reason 2 to get in and out of the site? 3 MR. CAMPBELL: We're primarily 4 planning on using 15X, which is the new exit 5 and entrance off of the turnpike, which is 6 very large and accommodating to trucks which 7 would then bring them down County Road and 8 then make the right-hand turn onto Secaucus 9 Road. 10 MR. ATKINS: And there would be 11 no reason to enter any residential areas? 12 MR. CAMPBELL: No. That's not 13 to say that occasionally there wouldn't be a 14 truck coming in from the other direction. 15 But, primarily, our trucks will be entering 16 and exiting off of 15X. And there's also an 17 entrance to the turnpike right there by the 18 inspection station. So, we would probably 19 utilize that short period part of County 20 Avenue. 21 MR. ATKINS: And how many 22 employees does Cinelli envision at this 23 site? 24 MR. CAMPBELL: At this site, 45 1 only about 11 to 12 employees tops. 2 Mr. (?): Is there any 3 residential property owners within, say, 500 4 feet of this operation? 5 MR. CAMPBELL: No, it's all 6 industrial areas right in within there. 7 COMMISSIONER CHOFFO: She's 8 worried about the noise factor with shearing 9 of metal. 10 MR. CAMPBELL: It's an 11 industrial zone. There's a transfer station 12 which is about two doors down. There's a 13 trucking station a door down from us. 14 There's a truck repair business right next 15 to us. And then there's warehousing that's 16 on the north side of us. And then the town 17 of Secaucus has their DPW yard just north of 18 that. 19 MR. ATKINS: This would make a 20 terrible application for housing. 21 COMMISSIONER JASEK: Isn't there 22 a house on the intersection of Secaucus Road 23 and Old Secaucus Road? Right at the "T"? 24 MR. CAMPBELL: Right at the "T"? 46 1 It's on the -- it's part of the truck 2 repair business that's right next door to us 3 on our south border. 4 COMMISSIONER JASEK: I remember 5 that there is a residential building -- 6 MR. ATKINS: Yeah, but we think 7 it's used in conjunction with the truck 8 repair business. 9 COMMISSIONER JASEK: Well, 10 people live there because -- 11 MR. ATKINS: Well, they live in 12 an industrial zone that's part of a truck 13 repair business. 14 COMMISSIONER JASEK: But those 15 people will complain if there is a truck 16 load of the scrap metal and will dump it or 17 unload with the grappel. 18 MR. ATKINS: I don't know how to 19 say this nicely, so let me say it and be 20 upfront. If people live in an industrial 21 zone, it's hard to complain about industrial 22 activity. If people live in a residential 23 zone and there's industrial activity, then 24 they have every right to complain. But what 47 1 should we do? This is the zone -- we're 2 seeking to use this for what it's zoned for. 3 COMMISSIONER JASEK: I 4 understand that. Except that people who 5 live at the end of the runway, they complain 6 and they usually get their way, too. 7 MR. ATKINS: Well, it's 8 interesting. I would agree with you but if 9 they live at the end of the runway because 10 the airport was built there after they 11 bought it when it was zoned, that may be one 12 thing. But if they bought at the end of the 13 runway knowing that there was a runway 14 knowing that there was a runway, their 15 complaints are far different, aren't they? 16 COMMISSIONER JASEK: Yes, I 17 know. But my point is the house is there 18 now. 19 MR. ATKINS: There's one and 20 it's our belief -- I mean, we have a 21 Secaucus police officer here -- but it's 22 part of the truck repair business. And 23 maybe the owner of the truck repair 24 business. 48 1 COMMISSIONER JASEK: I doubt 2 with those people when we did -- 3 MR. ATKINS: There's certainly 4 some noise associated with the operations. 5 There's no question about it. There's also 6 a great benefit to our community as a result 7 of recycling operations. There's no 8 question about it. And it has to go 9 somewhere. And if it can't go in an 10 industrial zone, where would you suggest it 11 go? 12 COMMISSIONER JASEK: Well, if 13 the town of Secaucus is okay with that and 14 HMBC -- 15 MR. ATKINS: They're okay with 16 it, too. 17 COMMISSIONER JASEK: All right 18 then. They will have to deal with those 19 people anyway. 20 MR. ATKINS: I mean, we'll be as 21 good as neighbors as we can be and not go 22 out of business. 23 COMMISSIONER JASEK: Oh, I'm 24 sure you will be. And you will tell your 49 1 drivers not to speed down Secaucus Road. 2 MR. ATKINS: Right. I promise. 3 COMMISSIONER JASEK: What about 4 you mentioned that you will take some iron 5 or steel from demolition? If the beam is 6 embedded in the concrete there is some 7 residue of the concrete? 8 MR. ATKINS: I'll let Mr. 9 Campbell address it. We don't take the 10 concrete. 11 MR. CAMPBELL: Yes. 12 COMMISSIONER JASEK: Yeah, I 13 know. The residue of the construction, 14 concrete or cement or mortar, under beams. 15 You have to remove it before you can sell it 16 because you mentioned that nobody will take 17 any contaminated steel? 18 MR. ATKINS: Right. The 19 material has to be cleaned prior to it 20 coming to our yard. Now, that's not to say 21 if there's not a little piece on there, 22 during preparation it's going to be removed. 23 What I'm saying is by the time it goes 24 through the shear and is prepped, that would 50 1 be -- that would have fallen off at that 2 particular point in time. 3 COMMISSIONER JASEK: So, how are 4 you going to deal with the disposal of that 5 stock debris? I would bet at the end of the 6 -- 7 MR. ATKINS: Well, I don't know 8 about a pile of it. There may be little 9 pieces. But we'll have a system set up in 10 place which we've already have given the 11 HMDC -- pardon me, the Metal Lands 12 Commission with a clean-up procedure that 13 we're going to have there in order to keep 14 the property as pristine as possible. 15 COMMISSIONER JASEK: I see. 16 Well, it's -- eventually up to the have 17 Metal Lands Commission inspectors to enforce 18 this. I'm just mentioning that for the 19 record because I know that this will come up 20 later. 21 MR. CAMPBELL: Yes, sir. 22 MR. ATKINS: As you can imagine, 23 we're heavily regulated in inspected use. 24 COMMISSIONER JASEK: Yes, I can 51 1 imagine. Yes. 2 MR. ATKINS: You can imagine. 3 COMMISSIONER JASEK: I do. I 4 do. That's all I have Madam Chairman. 5 CHAIRWOMAN BETTINGER: Any other 6 comments? Commissioner? 7 COMMISSIONER AVAGLIANO: 8 Normally scrap yards can be eye sores. If 9 they'd throw all the scraps in one pile and 10 call it miscellaneous, whereby separating 11 the commodities, number 1 steel, number 2 12 steel, then you have a good yard. And it's 13 better for the community if you have a good 14 scrap yard. There are many in Jersey City 15 and it's amazing how you go by and see these 16 in Jersey City. I know quite a few. But, 17 anyway, if you keep your commodities 18 separated, it's an asset to the community. 19 MR. ATKINS: Thank you. And we 20 shall do that. I mean, it's only to our 21 benefit that we do. 22 MR. MARKS: Madam Chair, for the 23 record, would Mr. Campbell describe the 24 hours of operation and also describe whether 52 1 there's a local municipal ordinance 2 establishing a sound or decibel limit or 3 Metal Lands ordinance? 4 MR. CAMPBELL: The answer to 5 that question, yes, we do. First of all, 6 we've agreed that on Saturdays we would work 7 -- not start until 8:00. Okay? For those. 8 We would probably -- our hours are basically 9 going to be from 8 to 2 on Saturdays and 10 during the week we're basically going to 11 work from 7 to 5. That's not to say that at 12 times we won't be open a little bit later 13 just to facilitate a late truck, one of our 14 trucks coming in. But, definitely, not 15 before -- 16 MR. MARKS: And is there a local 17 limit on sound, a decibel limit? 18 CHAIRWOMAN BETTINGER: Mr. 19 Marks, can you please speak into the 20 microphone? 21 MR. MARKS: I'm sorry. Is there 22 a decibel limit, a limit on sound 23 established? 24 MR. ATKINS: You mean, in the 53 1 municipality? 2 MR. MARKS: By the town or by 3 the county commission? 4 MR. ATKINS: I have no idea. 5 MR. CAMPBELL: But I can assure 6 you that whatever noise we're going to make 7 is going to be far below whatever the state 8 requires. 9 CHAIRWOMAN BETTINGER: It's 10 previously mentioned we have representatives 11 from the town of Secaucus. Would you like 12 to address the Board? 13 MR. LEANZA: If the Board so 14 pleases if Mr. Atkins is done with his 15 application. 16 MR. ATKINS: Yes. I reserve the 17 right to respond, of course. 18 MR. LEANZA: My name is Frank 19 Leanza and I'm town attorney for the town of 20 Secaucus and we're here this evening because 21 even though this site is located within the 22 boundaries of the town of Secaucus, because 23 of the regionalization of the Metal Lands, 24 we do not have jurisdiction over it for 54 1 zoning purposes. 2 We had, initially, many concerns 3 about the project. However, thanks to your 4 engineer and the Board, I think all of our 5 onsite concerns have been addressed. 6 Particularly, with the turning radius and 7 moving back the fence. It is a dead-end 8 street there so a truck wouldn't get stuck 9 there by wandering there after hours. 10 The only other concern that we 11 had was addressed by Mr. Atkins, and 12 hopefully, you'll incorporate it in the 13 resolution, is with respect to a traffic 14 control device at the intersection of 15 approximately of Old County Road and County 16 Road. Why we are particularly concerned 17 about it is that there was going to be an 18 application for a new motel at that site and 19 the means of egress and ingress of that 20 hotel could possibly interfere with trucks 21 pulling in and out. It hasn't reached the 22 Board yet. 23 We're very pleased to hear that 24 the applicant is going along with all the 55 1 suggestions of your engineer, particularly 2 agreed to pay his pro rata share of that 3 light, which Mr. Jasek, I understand -- that 4 will be a county light because it's a county 5 road. 6 And I have Captain Tikki here 7 who's our OEM manager besides being the 8 police captain. And I was going to have him 9 testify as to the need for such a traffic 10 control device, but it's not needed since 11 the applicant has agreed to it and we just 12 hope that in the future, if this motel does 13 come before you that we will recognize a 14 need for some traffic control at that 15 intersection because of the nature, busy 16 nature, of Secaucus Road and this is really 17 like a "T" stub off of Secaucus Road. 18 Otherwise again, I thank your 19 consultant. He brought up the same points 20 that concerned our town engineer and the 21 town people. Okay? Mr. Jasek, I didn't 22 know what we're going to do with the noise. 23 The town does have a noise control ordinance 24 but it's only effective after hours. So, 56 1 hopefully, we won't have to address that. 2 But if need be -- we've exchanged cards and 3 hopefully, we can work together and be good 4 neighbors to the benefit of everyone. 5 MR. ATKINS: I would hope so. 6 MR. LEANZA: Okay. Thank you. 7 Reporter: If you could spell 8 your last name? 9 MR. LEANZA: Okay. It's 10 L-E-A-N-Z-A. Leanza. 11 Reporter: Thank you. 12 MR. LEANZA: Thank you. 13 MR. ATKINS: And, as I 14 indicated, we have no objection to making a 15 contribution if a light is in fact installed 16 and if the motel is approved. Obviously, if 17 it wasn't, you wouldn't need the control. 18 MR. LEONZA: Precisely. 19 MR. ATKINS: Okay. 20 MR. LEONZA: Thank you. 21 COMMISSIONER JASEK: Madam 22 Chairman, I would like to make a motion to 23 approve the application 109-05 with the 24 conditions: 1) the applicant will 57 1 contribute to the construction of the pump 2 station on Penhorn Creek. The amount will 3 be determined later when we have a better 4 idea of the cost of the pump station; 2) the 5 applicant contribute, together with the 6 future motel, for the installation of the 7 traffic light at Secaucus Road and Old 8 Secaucus Road and the profit shares will be 9 calculated later if the traffic light will 10 be constructed. 11 CHAIRWOMAN BETTINGER: Do I have 12 a second? 13 COMMISSIONER CHOFFO: I'll second 14 it. 15 Reporter: Who was that second? 16 CHAIRWOMAN BETTINGER: The 17 second, Commissioner Choffo. 18 MR. CALVANICO: Madam Chairlady 19 -- 20 CHAIRWOMAN BETTINGER: Counsel? 21 MR. CALVANICO: -- before we 22 vote, I didn't know if there were any other 23 speakers here present to speak on this 24 matter. I don't believe so. 58 1 CHAIRWOMAN BETTINGER: Are there 2 any other speakers from the town of 3 Secaucus? 4 MR. ATKINS: Or any citizens? 5 MR. MARKS: Madam Chairman, on a 6 motion to approve SP-109-05, Cinelli Iron & 7 Metal Co., Inc., made by Commissioner Jasek 8 and seconded by Commissioner Choffo: 9 Commissioner Jasek? 10 COMMISSIONER JASEK: Aye. 11 MR. MARKS: Commissioner 12 Avagliano? 13 COMMISSIONER AVAGLIANO: I vote 14 aye. 15 MR. MARKS: Commissioner Choffo? 16 COMMISSIONER CHOFFO: Aye. 17 MR. MARKS: Commissioner NG? 18 COMMISSIONER NG: Aye. 19 MR. MARKS: Chairwoman 20 Bettinger? 21 CHAIRWOMAN BETTINGER: I vote 22 aye. Good luck with the project. 23 MR. ATKINS: Thank you. And we 24 will submit an amended sheet showing the new 59 1 indentation of the fence to complete the 2 plans. We'll have that delivered within a 3 week. Fair enough? Thank you all. And, 4 Mr. Polyniak, you could mail me a copy of 5 the resolutions? 6 CHAIRWOMAN BETTINGER: Next 7 application, SP-24-06? 8 MR. MARKS: Madam Chair, SDS 9 Developers, LLC, located at 1718-1722 10 Kennedy Boulevard in Jersey City. 11 MR. CAMPBELL: Good evening, 12 Madam Chairwoman, members of the Board. My 13 name is John Campbell. I'm the attorney 14 representing the applicant in the case. I 15 did have one question as to the docket 16 number. I received different communications 17 from the Board with two different numbers on 18 it so I just wanted to verify which -- 19 MR. CALVANICO: I believe it is 20 SP-24-06. 21 MR. CAMPBELL: Okay. I think it 22 was on one of the engineer's reports that 23 had a different number on it but we are all 24 on the same page. 60 1 We have received reports, as I 2 said, and our architect, Mr. Levine, will be 3 happy to describe briefly the application 4 and respond specifically to the comments in 5 the engineer's report. 6 CHAIRWOMAN BETTINGER: Mr. 7 Calvanico, would you swear him in? 8 MR. CALVANICO: Please state 9 your name with your affiliation for the 10 record. 11 MR. LEVINE: Lee Levine, 12 L-E-V-I-N-E. 13 CHAIRWOMAN BETTINGER: Please 14 speak into the microphone, thank you. 15 MR. LEVINE: Lee Levine, 16 L-E-V-I-N-E. Lee Levine Architects, P.C., 17 1101 Grant Street, Hoboken. 18 L E E L E V I N E, having been first duly 19 sworn according to law, testified as 20 follows: 21 MR. CAMPBELL: Mr. Levine, for 22 the purposes of qualifying you as an expert, 23 could you tell us your credentials, please? 24 MR. LEVINE: Yes. I'm a 61 1 graduate of Pratt School of Architectural 2 Professional Degree, licensed in New Jersey, 3 New York, Connecticut, since '83-'85. My 4 firm based in Hoboken was started in 1988 5 and we do both new construction, residential 6 construction, retail and restaurant work 7 throughout the metropolitan area. 8 MR. CAMPBELL: Madam Chairwoman, 9 I'll offer Mr. Levine as an expert. 10 CHAIRWOMAN BETTINGER: We 11 accept. 12 MR. CAMPBELL: Thank you. Would 13 you very briefly describe the project and 14 then specifically address comments in the 15 engineer's report? 16 MR. LEVINE: Sure and maybe we 17 could just distribute this to the Board 18 members. 19 This is an image that was 20 prepared a year ago a Three-Dimensional 21 Rendering that just gives a sense of what 22 the project looks like. This is an almost 23 18,000 square foot site on the corner of 24 Kennedy and Danforth. It is currently a 62 1 site that was recently occupied by a used 2 car lot, has a trailer on it. It's all 3 covered with asphalt and it is on a section 4 of Kennedy Boulevard that actually is zoned 5 for one and two-family houses. 6 We sat very early on over a year 7 ago with Jersey City planning staff and 8 agreed that it didn't make sense to have 9 curb cuts and single family houses on that 10 stretch of Kennedy. And so the project was 11 designed in conformance with what they 12 usually call the NC Neighborhood Commercial 13 District. This is a 24-unit project. 14 Ground floor has retail space on the corner, 15 on the street, along Kennedy, and it also 16 has basement parking, as well. 17 The project has been approved by 18 Jersey City. It was originally presented 19 almost a year ago. The project sat sometime 20 after that. Our clients were uncertain as 21 to how they were going to proceed with this. 22 We then went back to the Board and 23 submitted drawings to this Board. 24 And let me walk through the 63 1 actual parking and site and related issues 2 and address the comments that we received. 3 MR. CAMPBELL: The drawings here 4 that we're going to refer to, I don't know 5 if I need to give them an exhibit number or 6 anything, but the drawings are the same 7 drawings that have already been submitted to 8 this agency here. 9 Mr. Marks: Just as you refer to 10 them, Mr. Levine, if you could just identify 11 the sheet number and the date of that 12 particular sheet. 13 MR. LEVINE: Absolutely. 14 CHAIRWOMAN BETTINGER: Counsel 15 Campbell, if you need to mark these exhibits 16 that are distributed to the Board now -- 17 MR. CAMPBELL: Yeah, we'll mark 18 those. 19 MR. LEVINE: I'm going to start 20 with, let me turn this (adjusting exhibit) 21 I'll start with Drawing A-one and it does 22 have a revision date of April 12, '06. 23 There were three drawings that were 24 resubmitted after the initial filing in 64 1 response to engineering comments. What that 2 drawing shows is the ground floor retail 3 space and entrance and an exit on Danforth 4 Avenue. To the parking lot, there is a 5 one-way drive on the ground floor level and 6 only the cars that park on the ground floor 7 level exit through the proposed and existing 8 curb cut on Kennedy Boulevard. There is a 9 curb cut on Kennedy here. We have proposed 10 shifting that curb cut about six feet to 11 work with the architecture of the building. 12 But it is an existing curb cut. It is for 13 one-way only for those cars on the main 14 level. Otherwise, there's a ramp to a 15 basement level and all cars going up and 16 down to the basement level exit onto 17 Danforth. 18 Having said that, why don't I go 19 right into the engineering comments and 20 we'll do it that way. There is a letter, 21 May 8th, that we received. (Reads from 22 letter) "The applicant shall obtain all 23 necessary state and municipal permits and 24 approvals." We have stipulated to that and 65 1 on the drawings it states that. "The 2 applicant shall obtain County Road opening 3 permits." Obviously, we have to stipulate 4 that we will do that. 5 The existing fence, there is a 6 fence currently that makes the property look 7 like it extends very close to the curb. 8 That fence was installed who knows how many 9 years or decades ago. It is not on the 10 property line. It is well in front of the 11 property line. The plans that are submitted 12 call for all new sidewalks, all new curbing 13 and removal of that fence. And, in fact, we 14 have a three foot and up to nine foot in 15 places so that we can align with an adjacent 16 building on Danforth set back of the 17 building with landscaping beds and all new 18 sidewalks. That is not a concern. 19 And then as for the comments 20 from the letter of the March 29th, let me 21 try to run through those as quickly as I 22 can. Item 1.1 did not need a response. We 23 have shown on the revised drawings that 24 there will be stop signs and stop line 66 1 pavement markings at both driveways and we 2 have stipulated that there will be signage 3 at the exit onto Kennedy Boulevard that it 4 is no left turn. It is a right turn only. 5 The question was asked, "Are we 6 certain that we have enough distance from 7 this intersection for cars exiting?" 8 There's a two-part answer to that. We are 9 in excess of 70 feet from the corner. We 10 are just about as far from that corner as 11 you could be, not only on this property but 12 in fact on the entire block. And of all the 13 parking that's here, we have 37 parking 14 spaces in this garage, but of those 37 15 parking spaces, only 17 are actually on the 16 upper level. And only those 17 cars can 17 exit here. The rest are all in the basement 18 parking and they come back out onto Danforth 19 Avenue. So we're very confident that that 20 five-car, four and a half-car stack from the 21 corner will be sufficient for the ground 22 floor uses. 23 A question was asked about site 24 lines and we believe and we are confident 67 1 that the three foot set back that we have 2 provided all the way around the building 3 only enhances the site lines around the 4 intersection and that there will be no issue 5 with cars coming out onto Kennedy or exiting 6 onto Danforth. 7 The engineer noted that the 37 8 parking spaces do not satisfy other 9 requirements for parking. In fact, we are 10 well in excess of what Jersey City zoning 11 ordinance requires. We're required to 12 provide 24 cars and we've provided 37 13 parking spaces here. And I strongly 14 recommend for this Board that they consider 15 that this is appropriate since we are in 16 excess of what Jersey City has determined is 17 necessary. 18 We're very fortunate that this 19 is a corner site. Because this is a corner 20 site, we have a 180, 185 some odd linear 21 feet of frontage. Vehicles picking up trash 22 will pick up trash adjacent to the Danforth 23 Avenue curb cut. Trash and recycling goes 24 down to a basement room -- I can flip to the 68 1 plan if we need to see it, but at this point 2 I think it's understood -- and will be 3 brought up the ramp to Danforth Avenue for 4 pickup on Danforth. Emergency vehicles, 5 ambulances would similarly come across via 6 the Danforth Avenue side. Ambulances can 7 pull into the garage and have access to the 8 lobby so we do not have a concern about 9 ambulances. We would not take fire trucks 10 or large vehicles into this garage. This is 11 a garage meant for regular passenger 12 vehicles. It has 8'2" head room minimum as 13 is required for accessibility. 14 Jersey City does not require off 15 street loading for a building of this size. 16 This is 24 units. We do understand that 17 there should be limits on the amount of 18 stopping and possible interference on 19 Kennedy Boulevard. So we would recommend 20 strongly that most pickups happen on the 21 Danforth Avenue side. But Danforth is a 22 street that is almost all one and two-family 23 houses once you get past our immediate 24 neighbor, which is a multiple-family 69 1 building. And it should be manageable on 2 Danforth without interfering on Kennedy 3 Boulevard. 4 The last of the comments which 5 are in grading and drainage, we have met 6 with JCMUA. We have submitted -- let me go 7 to the right drawing, excuse me. Drawing 8 S-One which was similarly revised and 9 resubmitted on April 12th, '06 in response 10 to this, Drawing S-One does show where we're 11 making utility connections. It does clarify 12 and stipulate that even though there's a 13 hundred percent sheet flow off this property 14 now to the street, that we will be providing 15 storm retention in our connections to the 16 City system. We will be submitting 17 engineering plans both for soil retention 18 permits and for JCMUA approvals that has not 19 been at this time because we wanted to make 20 sure we had our formal Jersey City approvals 21 and variances in line. 22 But we have met with them. We 23 do know right under the sidewalk is the 24 twelve inch sanitary main that we will be 70 1 connecting to and JCMUA has no issues with 2 which flow relative to that main there. And 3 I believe that covers everything. 4 CHAIRWOMAN BETTINGER: Are there 5 any comments from our consultant? 6 MR. KEADY: Yes, Madam Chair. 7 Just a few points of clarification. 8 CHAIRWOMAN BETTINGER: Please 9 identify yourself for the court reporter. 10 Robert Keady, K-E-A-D-Y, P.E. 11 with T & M Associates, consultant to the 12 County Board. In referring to the T & M 13 letter, dated March 29, 2006, Item 1.2 -- 14 the last sentence was the applicant should 15 clarify the plans are low enough for 16 visibility of pedestrian and traffic. I 17 believe that applicant testified that there 18 is sufficient visibility, however, I'm 19 concerned about the height of the plant -- 20 of the plantings in the planters and I'd 21 like some testimony on that. 22 I'll just go through my 23 questions and then I'll sit down and maybe 24 the applicant could address. Also, as far 71 1 as Item 1.4, as far as the cue distance if 2 there's been any site observation as to the 3 existing traffic. I know the applicant 4 discussed the traffic from the site but I 5 wonder how that would operate in conjunction 6 with the existing traffic and if that's a 7 concern. And Item 1.5, site distance, if we 8 could show site distance on the plans so 9 that we know that there aren't any issues 10 with the proposed improvements, such as the 11 planters or any of the landscape or any 12 other items that might be proposed. 13 Thank you. 14 MR. LEVINE: The planters are 15 shown in detail on the drawings as six-inch 16 concrete curbs at the sidewalk with three 17 foot high open metal railing fences around 18 them, ornamental fences. And at three foot 19 six -- three feet, excuse me, and a six inch 20 curb, I don't see an issue with site worms 21 at that point. We're not proposing trees 22 there. There are trees at the street as is 23 required by the city of Jersey City. Their 24 ballpark, at 25 feet on center of the street 72 1 trees. But the landscaping is low shrubbery 2 and is not -- they're not plant trees. 3 They're not anything that would present an 4 encroachment or interfere with visibility in 5 front of the property line. 6 MR. KEADY: Just one question on 7 that. Will the plantings be below the fence 8 elevation? 9 MR. LEVINE: Yes. 10 MR. KEADY: The fence is 36 11 inches. 12 MR. LEVINE: Yes. 13 MR. KEADY: So it will be below 14 36 inches which would be, I guess, below the 15 eyesight of a driver in a vehicle? 16 MR. LEVINE: Yes, they would. 17 MR. KEADY: Okay. 18 MR. LEVINE: What was the other 19 question? As to the cues, we have not done 20 traffic counts or traffic studies on that 21 corner but we have spent an awful lot of 22 time at that site at many different times of 23 day. I can describe, if you want, what 24 traffic is like. Early morning -- this is 73 1 the southbound side of Kennedy Boulevard. 2 And early morning we will get a backup of a 3 couple of cars at a time. You'll even get 4 four -- you could easily get three, four 5 cars backed up in front of this curb. You 6 have a side of the street there that is not 7 metered parking and parking I do not believe 8 is allowed on that side of our street. You 9 have almost an extra lane there. 10 But the reason we did the 11 Danforth Avenue entrance and exit was really 12 to limit the number of cars coming and going 13 from the site. 14 Is that sufficient? We can 15 certainly put the site distances on the 16 plans and resubmit them for engineering. 17 Yes, we'd be happy to do that. 18 COMMISSIONER AVAGLIANO: I have 19 a question. What type of retail is proposed 20 for that site? 21 MR. LEVINE: Currently, the 22 understanding, although on the zoning 23 drawings we've stated it as either 24 mercantile or business, the current 74 1 understanding is that the applicant is going 2 to use this for a real estate office. It is 3 set up, however, that in the future it could 4 become two spaces if two smaller spaces were 5 required, but that is the intent at the 6 moment. 7 COMMISSIONER AVAGLIANO: Will 8 there be parking provided on the ground 9 floor? 10 MR. LEVINE: Well, there are 37 11 spaces in the building. Twenty-four are 12 being maintained for the 24 units. So it is 13 part of the reason we have provided extra 14 parking there. 15 CHAIRWOMAN BETTINGER: Any other 16 questions? 17 COMMISSIONER CHOFFO: In your 18 application, you have 30 main parking spaces 19 you were referring to 37, I was wondering 20 why. 21 MR. LEVINE: Let's see if I made 22 a mistake there. Now after, log in the 23 other drawing. Drawing Z-One, which is the 24 third drawing that has a revision date of 75 1 4/12/06 has all of our charts and 2 tabulations on it and so that I'd check and 3 see if I misspoke there. It's 37 spaces. 4 COMMISSIONER CHOFFO: Is the 5 building going to be condominiums or 6 residential apartments? 7 MR. LEVINE: I believe it will 8 be condominiums. At least, that was what I 9 understood most recently. Obviously, it 10 hasn't been filed for that way at this time. 11 CHAIRWOMAN BETTINGER: Where 12 would they be move-in and move-out where 13 trucks that come for moving into the 24 14 units. So, where will you provide 15 unloading? It wouldn't be on Kennedy 16 Boulevard, would it? 17 MR. LEVINE: No, it would be on 18 Danforth. But this is no different than any 19 other 24-unit building in Jersey City, 20 obviously. That gets handled as part of 21 what building management -- 22 CHAIRWOMAN BETTINGER: That 23 deliveries can come into the building? 24 That's the question. 76 1 MR. LEVINE: Yes, it can come 2 from Danforth through the parking garage. 3 CHAIRWOMAN BETTINGER: Okay. 4 So, it won't be on Danforth stopping 5 traffic. 6 MR. LEVINE: On Danforth. 7 That's correct. 8 CHAIRWOMAN BETTINGER: 9 Commissioner Jasek, do you have any 10 comments? 11 COMMISSIONER JASEK: Madam 12 Chairman, just a couple of things. The low 13 level planting, it is on your property 14 within your right of way? 15 MR. LEVINE: The low level 16 plant, yes. Let's look at it together so 17 everybody sees that. We'll go back to 18 Drawing A-One. Here's the property line at 19 the street. All the planting and 20 landscaping is behind the property line. 21 There are six inch curbs and we can go look 22 at the shrub types that are specified but 23 they will be well below the three foot 24 point. And there are no encroachments on 77 1 this property beyond the property line. 2 There are some bay windows that are featured 3 in the presentations and they are above the 4 sidewalk grade as required by the IBC 5 building code. 6 COMMISSIONER AVAGLIANO: Any 7 handicapped spots provided? 8 MR. LEVINE: Yes. There are 9 three, I believe, but I'll double check my 10 math. I have to look. (Flipping through 11 diagrams) Three handicapped spaces with full 12 eight foot aisle widths next to all three. 13 COMMISSIONER AVAGLIANO: Thank 14 you. 15 MR. LEVINE: I might just 16 explain. The reason is some uncertainty 17 about a couple of numbers here and there is 18 between February a year ago and the revised 19 application, we made some structural changes 20 to the concept behind the ramps and the 21 design of the basement and the first floor. 22 And there was some shifting in the number of 23 units and, in fact, we recently went back to 24 Jersey City to have an amendment to the 78 1 resolution to make sure that we had the 2 right parking count there. 3 COMMISSIONER AVAGLIANO: Thank 4 you. 5 CHAIRWOMAN BETTINGER: The main 6 entrance, is that on the Kennedy Boulevard? 7 MR. LEVINE: It is. It is on 8 Kennedy Boulevard although it's a bay 9 further south from what you see in the 10 rendering as part of those revisions that we 11 made. We'll just stay with the same plan. 12 (Flipping pages) The rendering you have 13 shows the bay here. We're actually one bay 14 to the south because we provide for location 15 of the entrance. 16 CHAIRWOMAN BETTINGER: Will 17 there be any kind of a doorman or concierge? 18 19 MR. LEVINE: That's not 20 anticipated. There is anticipated that 21 there would be a buzzer security system. 22 CHAIRWOMAN BETTINGER: My 23 concern with this is some kind of delivery 24 for take-out foods where this would provide 79 1 a drop-off. 2 MR. LEVINE: I'm not sure I can 3 answer any different than you would for any 4 house. 5 CHAIRWOMAN BETTINGER: Any 6 houses beyond Kennedy Boulevard 7 MR. LEVINE: Understood. I 8 don't think I would want to provide open 9 24-hour access to the parking garage so that 10 a delivery person with a car for pizza or 11 whatever would come through the garage. 12 That would not be safe for the building. 13 CHAIRWOMAN BETTINGER: Will 14 there be double parking on Kennedy Boulevard 15 or parking? 16 MR. LEVINE: I don't think 17 anybody's going to double park on Kennedy 18 Boulevard. 19 CHAIRWOMAN BETTINGER: Would 20 they park in front of the building, that's 21 what I'm asking. 22 MR. LEVINE: If there was a 23 space in front of the building they could 24 park in front of the building. 80 1 COMMISSIONER JASEK: Madam 2 Chairman, there is no parking allowed on 3 Kennedy Boulevard because the turning lanes 4 where we have to terminate but it doesn't 5 stop anybody who stops there to even park 6 there. It's just part of the procedure. 7 MR. CAMPBELL: If it were late 8 in the evening when the traffic count is 9 down, I could probably do it safely during 10 this week. But during the day when it's 11 more busy, they might want to pull around 12 onto Danforth and just walk through the 13 door. Just for their own safety. 14 MR. LEVINE: But I think our 15 team has been at this site 12, 14, 15 times 16 in the last year and I don't think we've 17 ever done anything other than pull around 18 the corner onto Danforth because that's 19 where there's always space. It's a little 20 tougher up the block because you have all 21 the one-family houses that do what they need 22 to do to try to park their own cars. But 23 it's pretty open here. 24 COMMISSIONER JASEK: Now, Madam 81 1 Chairman, I would like to touch on this. 2 Maybe because in the past we have a similar 3 case in Hoboken and we ask the applicant to 4 get the easement for encroachment. 5 MR. LEVINE: If I might address 6 that. Hoboken, as a municipality, does 7 require that no matter what the height above 8 grade is. Jersey City does not. Jersey 9 City asks that you conform with Chapter 33 10 of the IBC 2000 Building Code. Now, what 11 you'll see on the rendering is all of the 12 bays along Kennedy Boulevard are behind the 13 property line. And the bay on Danforth is 14 behind the property line except for one near 15 the corner. That one bay, because the 16 building is actually on the property line 17 right there for about 30 feet, that one bay 18 does encroach beyond the property line but 19 it is above the height that is required by 20 Chapter 33. So, I don't see that as an 21 issue here. 22 COMMISSIONER JASEK: If it is 23 within your property then there is no issue. 24 MR. LEVINE: Okay. 82 1 COMMISSIONER JASEK: Work on 2 Danforth Avenue is an issue in Jersey City. 3 MR. LEVINE: Okay. Well all of 4 the bay windows you see pictured are behind 5 the property line. 6 COMMISSIONER JASEK: Very good. 7 Thank you. 8 CHAIRWOMAN BETTINGER: Any other 9 comments? Anyone have a motion to accept 10 this application? 11 COMMISSIONER CHOFFO: I'll make 12 a motion to accept. 13 CHAIRWOMAN BETTINGER: Do I have 14 a second? 15 COMMISSIONER AVAGLIANO: I'll 16 second it. 17 MR. MARKS: Madam Chair, on a 18 motion to approve application SP-24-06 made 19 by Commissioner Choffo and seconded by 20 Commissioner Avagliano: 21 Commissioner Jasek? 22 COMMISSIONER JASEK: Aye. 23 MR. MARKS: Commissioner 24 Avagliano? 83 1 COMMISSIONER AVAGLIANO: I vote 2 aye and I'd like to compliment the one that 3 -- the architect that put this building 4 together. It's certainly going to be an 5 asset to the boulevard instead of the eye 6 sore that you see every day going on the way 7 to Bayonne. Congratulations, Mr. Campbell, 8 I enjoyed this, and the architect also. 9 MR. MARKS: Commissioner Choffo? 10 COMMISSIONER CHOFFO: I vote 11 aye. 12 MR. MARKS: Commissioner NG? 13 COMMISSIONER NG: Aye. 14 MR. MARKS: Chairwoman 15 Bettinger? 16 CHAIRWOMAN BETTINGER: I vote 17 aye. Good luck with your project. 18 MR. CAMPBELL: Thank you very 19 much. 20 MR. LEVINE: Thank you. 21 MR. MARKS: Madam Chair, the 22 next application scheduled for a public 23 hearing is SP-29-06, K. Hovnanian at Port 24 Imperial, the applicant, located at Avenue 84 1 at Port Imperial Boulevard in West New York. 2 MR. DALY: Mr. Marks, did you 3 call 29-06? 4 MR. MARKS: 29-06. 5 MR. DALY: Okay. For the 6 record, Joseph T. Daly appearing on behalf 7 of the applicant. We also have a separate 8 second application here, SP-30-06, which is 9 for a building adjoining this site and if 10 the chair and counsel have no objection, I'd 11 like to question my witnesses on both and 12 there we're going to hear them 13 simultaneously and expedite. 14 CHAIRWOMAN BETTINGER: 15 Excellent. 16 MR. DALY: Thank you. Mr. 17 Fleming, please. State your name for the 18 record, sir. 19 MR. FLEMING: My name is Joseph 20 Fleming. 21 MR. DALY: And by whom are you 22 employed? 23 MR. FLEMING: Polish, 24 Stukalofski and Sutoor. 85 1 MR. DALY: And you're a licensed 2 engineer in the State of New Jersey? 3 MR. FLEMING: Yes, I am. 4 MR. DALY: You ever been 5 qualified by this Board to testify as an 6 expert in that field? 7 MR. FLEMING: Yes, I have. 8 MR. DALY: Okay. I'd like to 9 ask that the Board accept Mr. Fleming's 10 qualifications. 11 (Board): (accepted) 12 MR. DALY: Thank you. Would you 13 like to sit up here and put your exhibits? 14 MR. MARKS: Mr. Daly, if I could 15 just swear him in? 16 MR. DALY: Sure. 17 J O S E P H F L E M I N G, having been 18 first duly sworn according to law, testified 19 as follows: 20 MR. DALY: Joe, maybe you can 21 identify the first exhibit we've marked A1 22 for the record. 23 MR. FLEMING: Yes, sir. Exhibit 24 A1 is an overall orientation plan for all 86 1 the activity that's been happening at Port 2 Imperial and the subject site tonight is -- 3 I'm going to point to Building E and F. 4 This is Building E and this Building F. 5 This has been an essential 6 neighborhood portion of Port Imperial and so 7 that's the purpose of that exhibit. The 8 bottom, of course, is the Hudson River and 9 the Palisades are on the top. 10 MR. DALY: Okay. Let's first 11 address what we call Building F on Lot 7.09, 12 Block 168.01, which is the subject of your 13 application, SP-30-06. Can you describe 14 that building for the Board, Joe? Units, 15 Parking? 16 MR. FLEMING: I've now turned to 17 Exhibit A2. This is our exhibit entitled 18 Color Site Plans, Drawing 1 of 1. And on 19 the exhibit, on the bottom is the Hudson 20 River, the Palisades is to the top of the 21 drawing. Port Imperial Boulevard, the major 22 road that goes through Port Imperial, is on 23 the top. And the major road that services 24 the community is the Avenue of Port Imperial 87 1 bisects Building F at the bottom, Building E 2 at the top. 3 Building F, the smaller of the 4 two near the Hudson River, near the 5 walkways, is a five-story building, provides 6 61 market homes and also has 124 parking 7 spaces within the building. And it is 8 completely code compliant to the zoning 9 ordinance of West New York. And there are 10 also ten 8-by-22 parking spaces in front of 11 Building F on the Avenue of Port Imperial. 12 MR. DALY: Joe, are all 13 utilities at the site -- sanitary, sewer, 14 gas, electric? 15 MR. FLEMING: Yes. We have full 16 compliments of all building utilities. Our 17 similar management plan has been approved by 18 both the town of West New York as well as 19 the New Jersey Department of Environmental 20 Protection. The DEP has jurisdiction over 21 this site and, particularly, the drainage 22 facilities because of its proximity to the 23 Hudson River. 24 MR. DALY: And all your drainage 88 1 is going to flow into the river? 2 MR. FLEMING: That's correct. 3 MR. DALY: Okay. And there's no 4 County drainage facility on this site that 5 we're using? 6 MR. FLEMING: Not at this 7 location. 8 MR. DALY: Okay. Can we now go 9 to Building E, which is the subject of 10 SP-29-06 and describe that building that we 11 proposed to the Board, if you would. 12 MR. FLEMING: Building E again 13 is at the top of the drawing in between Port 14 Imperial Boulevard and the Avenue of Port 15 Imperial. Building E is a twelve story 16 building and this Building E supports 312 17 homes, dwelling units. Within Building E we 18 have 415 parking spaces and, like Building 19 F, we have some additional curb slots in 20 front -- in this case, we have nine 8-by-22 21 stalls in front of Building F. 22 MR. DALY: And is your drainage 23 scheme similar to Building F? 24 MR. FLEMING: Yes, it is 89 1 identical. It's part of the same essential 2 neighborhood of Port Imperial. 3 MR. DALY: Okay. And then no 4 county drainage facilities on this lot? 5 MR. FLEMING: No. No county 6 drainage facilities are affected by this 7 development. 8 MR. DALY: I have nothing 9 further, Mr. Fleming. I'll open him up to 10 the Board. 11 CHAIRWOMAN BETTINGER: Do we 12 have any comments on this proposal? 13 MR. DEROSIER: Madam Chairman, I 14 did review this application and we found no 15 comment. It does not impact a county 16 drainage structure. Do you have a traffic 17 engineer that you know present? 18 MR. DALY: I have him here if 19 the Board wants to hear from him. 20 MR. DEROSIER: I'll wait for his 21 testimony and comment on that. 22 CHAIRWOMAN BETTINGER: 23 Commissioner Jasek, do you have any 24 comments? 90 1 COMMISSIONER JASEK: No. I echo 2 the comments of Michael T. There is no 3 issue about the drainage. There is a little 4 bit some issue about the traffic so I'll 5 hear about it. 6 MR. DALY: Okay, Joe, you're 7 done. My next witness -- well, let me open 8 up by suggesting that the -- the traffic 9 report that was filed was previously filed 10 with the Board and was testified to by Scott 11 Parker of Edwards & Kelcey who appeared here 12 in March on a different building. These 13 buildings were included in that report. I 14 have Mr. Pavlovich of Edwards & Kelcey. 15 He'll update you on the status of the -- I'm 16 going to call it a global report that we 17 advised you of the last time where we're 18 analyzing all the intersections surrounding 19 both Port Imperial South and Weehawken Port 20 Imperial North in West New York so that 21 we'll have an overall traffic study for you, 22 proposed mitigation, et cetera. That's why 23 I'm calling it global. It's going to be 24 much bigger than these two buildings. I 91 1 have Mr. Pavlovich here if you'd like to 2 hear from him. He can bring you up to date 3 on it. We haven't filed any new report at 4 this juncture. We anticipate our global 5 report should be done by the end of June. 6 We're going to be back in on a Port Imperial 7 South application soon and another one for 8 Port Imperial North and it should be filed 9 for those hearings. 10 But let me introduce Mr. 11 Pavlovich to you. State your name for the 12 record, sir. 13 MR. PAVLOVICH: My name is John 14 Pavlovich with Edwards and Kelcey in 15 Morristown, New Jersey. 16 MR. DALY: You want to swear 17 him, Tom? 18 J O H N P A V L O V I C H, having been 19 first duly sworn according to law, testified 20 as follows: 21 MR. CALVANICO: Just spell your 22 name for the record, please. 23 MR. PAVLOVICH: Yes. P-A-V as 24 in Victor L-O-V-I-C-H. 92 1 MR. DALY: Mr. Pavlovich, by 2 whom are you employed? 3 MR. PAVLOVICH: I'm employed by 4 the firm of Edwards & Kelcey. 5 MR. DALY: And you're a licensed 6 engineer in the State of New Jersey. 7 MR. PAVLOVICH: Yes, I am. 8 MR. DALY: And your specialty is 9 traffic analysis? 10 MR. PAVLOVICH: Traffic 11 engineering. 12 MR. DALY: Okay. And you've 13 been qualified by this Board in that field 14 previously? 15 MR. PAVLOVICH: Yes, I have. 16 MR. DALY: And I would the Board 17 to accept his qualifications tonight. 18 CHAIRWOMAN BETTINGER: We 19 accept. 20 MR. DALY: Okay. Can you give 21 us an update on the traffic study that is 22 being prepared and also give us your 23 analysis of these two buildings which is 24 contained in the report you filed. 93 1 MR. PAVLOVICH: The report is in 2 the press right now. They are completing 3 the detail traffic simulation model which 4 would show all the projects and driveways in 5 the corridor along River Road with the 6 linkages up to Boulevard East. The model 7 should all be done, as the attorney was 8 saying, with the report by the end of June. 9 At that time, if there are various scenarios 10 to be looked at that can also be adjusted as 11 part of the package. 12 In terms of the model, it 13 includes driveways, all the traffic signal 14 timings at the county intersections. The 15 roadway is geometric so it gives a realtime 16 type of analysis in being able to show all 17 the traffic operations on the streets in the 18 morning and in the afternoon peak hours. 19 Regarding the analysis for the 20 existing two buildings, the analysis had 21 shown that these two buildings at this point 22 in time do not warrant any physical 23 modification to the intersections but there 24 are some suggested signal timing changes 94 1 that could help some locations operate 2 better. But we're not talking about 3 removing parking. We're not talking about 4 how they can make any physical widenings 5 because of this application. 6 MR. DALY: At this juncture I'd 7 open him up t