1 1 HUDSON COUNTY PLANNING BOARD 2 IN RE: ) ) TRANSCRIPT OF 3 MONTHLY MEETING ) PROCEEDINGS: ) 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) Administration Annex 5 567 Pavonia Avenue Freeholders Chambers 6 Jersey City, New Jersey Wednesday, October 19, 2005 7 6:35 p.m. 8 B E F O R E: 9 MICHAEL HOLLOWAY, CHAIRMAN 10 RUSHABH MEHTA, COMMISSIONER 11 MARY E. AVAGLIANO, COMMISSIONER 12 RENEE BETTINGER, COMMISSIONER 13 JUDE FITZGIBBONS, COMMISSIONER 14 DANIEL CHOFFO, COMMISSIONER 15 BORIVOJ JASEK, COMMISSIONER 16 A L S O P R E S E N T: 17 THOMAS CALVANICO, ESQ., Board Attorney 18 STEPHEN MARKS, Board Secretary 19 Reported By: 20 MICHELLE GRUENDEL, C.S.R. 21 REPORTING SERVICES ARRANGED THROUGH 22 VERITEXT/NEW JERSEY REPORTING COMPANY, L.L.C. Kabot Battaglia & Hammer - Suburban Shorthand 23 Waga and Spinelli - Arthur J. Frannicola CSR 25B Vreeland Road 24 Florham Park, New Jersey 07932 Tel: 973-410-4040 Fax: 973-410-1313 25 2 1 CHAIRMAN HOLLOWAY: Meeting called to 2 order. 3 Steve, has this meeting been properly 4 advertised? 5 MR. MARKS: That's you. 6 MR. CALVANICO: Yes. I'm sorry, Mr. 7 Chairman. Yes, Mr. Chairman. The notice of the 8 meeting was forwarded to the Jersey Journal, also 9 forwarded to the Clerk of the County, Clerk of the 10 Board of Chosen Freeholders for posting on the boards 11 and the notices are in compliance with the Open 12 Public Meetings Act. 13 CHAIRMAN HOLLOWAY: Thank you. 14 Steve, can we have a roll call, please? 15 MR. MARKS: Commissioner Avagliano? 16 COMMISSIONER AVAGLIANO: Here. 17 MR. MARKS: Commissioner Bettinger? 18 COMMISSIONER BETTINGER: Here. 19 MR. MARKS: Commissioner Choffo? 20 COMMISSIONER CHOFFO: Here. 21 MR. MARKS: Commissioner Dublin? He's 22 not present. 23 Commissioner Fitzgibbons? 24 COMMISSIONER FITZGIBBONS: Here. 25 MR. MARKS: Commissioner Jasek? 3 1 COMMISSIONER JASEK: Here. 2 MR. MARKS: Commissioner Liggio? Not 3 present. 4 Commissioner Mehta? 5 COMMISSIONER MEHTA: Yeah. Here. 6 MR. MARKS: Chairman Holloway? 7 CHAIRMAN HOLLOWAY: Here. 8 MR. MARKS: Mr. Chairman, we have a 9 quorum. 10 CHAIRMAN HOLLOWAY: Thank you. 11 Can we all stand for the Pledge of 12 Allegiance? 13 (Flag Salute takes place.) 14 CHAIRMAN HOLLOWAY: Adoption of 15 minutes from the meeting of September 21st, 2005. 16 COMMISSIONER JASEK: I make a motion. 17 COMMISSIONER CHOFFO: I'll second it. 18 MR. MARKS: Mr. Chairman, on a motion 19 to adopt the minutes from September 21, 2005 made by 20 Commissioner Jasek, seconded by Commissioner Choffo: 21 Commissioner Avagliano? 22 COMMISSIONER AVAGLIANO: Aye. 23 MR. MARKS: Commissioner Bettinger? 24 COMMISSIONER BETTINGER: Aye. 25 MR. MARKS: Commissioner Choffo? 4 1 COMMISSIONER CHOFFO: Aye. 2 MR. MARKS: Commissioner Fitzgibbons? 3 COMMISSIONER FITZGIBBONS: Aye. 4 MR. MARKS: Commissioner Jasek? 5 COMMISSIONER JASEK: Aye. 6 MR. MARKS: Commissioner Mehta? 7 COMMISSIONER MEHTA: Aye. 8 MR. MARKS: Chairman Holloway? 9 CHAIRMAN HOLLOWAY: Aye. 10 MR. MARKS: Mr. Chairman, the motion 11 passed. 12 CHAIRMAN HOLLOWAY: Thank you. 13 Is there anybody in the public who wants to 14 speak this evening about the Agenda? 15 Okay. Status of applications, if you may, 16 Steve. 17 MR. MARKS: Mr. Chairman, 18 memorialization of resolutions approved at last 19 meeting. First resolution SP/SD-81-05, Hartz 20 Mountain Industries, Inc., Harbor Boulevard, 21 Weehawken, New Jersey. Mr. Chairman, I believe that 22 the attorney has split, at the request of the 23 applicant, the site plan and the subdivision 24 resolution into two resolutions rather than one. 25 CHAIRMAN HOLLOWAY: Right. 5 1 MR. CALVANICO: That's right. You 2 have both copies? You should. 3 CHAIRMAN HOLLOWAY: No. I have one. 4 MR. MARKS: I'll do a roll call on the 5 subdivision first, Mr. Chairman. 6 CHAIRMAN HOLLOWAY: Yes. Would you 7 please? 8 MR. MARKS: Okay. For the 9 subdivision, 81-05, Hartz Mountain Industries, 10 I'll -- 11 COMMISSIONER AVAGLIANO: A motion? We 12 can't hear you, honey. 13 MR. MARKS: Is it working? 14 COMMISSIONER AVAGLIANO: It's not 15 working. Is yours working? 16 MR. MARKS: No. 17 COMMISSIONER AVAGLIANO: Press your 18 button. I can't hear. 19 MR. MARKS: Okay. I'll yell. 20 COMMISSIONER AVAGLIANO: Okay. Talk 21 loud. 22 MR. MARKS: Sorry. 23 COMMISSIONER AVAGLIANO: Talk louder. 24 MR. MARKS: For the subdivision 25 application for 81-05, Hartz Mountain Industries, 6 1 Harbor Boulevard, Weehawken. 2 COMMISSIONER AVAGLIANO: Yeah. 3 MR. MARKS: Is there a motion? 4 COMMISSIONER AVAGLIANO: To approve? 5 COMMISSIONER CHOFFO: I'll make a 6 motion. 7 COMMISSIONER AVAGLIANO: I'll approve 8 it. 9 COMMISSIONER BETTINGER: I'll second 10 the motion. 11 MR. MARKS: Okay. Mr. Chairman, on a 12 motion made by Commissioner Choffo, seconded by 13 Commissioner Bettinger: 14 Commissioner Avagliano? 15 COMMISSIONER AVAGLIANO: Aye. 16 MR. MARKS: Commissioner Bettinger? 17 COMMISSIONER BETTINGER: Aye. 18 MR. MARKS: Commissioner Choffo? 19 COMMISSIONER CHOFFO: Aye. 20 MR. MARKS: Commissioner Fitzgibbons? 21 COMMISSIONER FITZGIBBONS: Aye. 22 MR. MARKS: Commissioner Jasek? 23 COMMISSIONER JASEK: Aye. 24 MR. MARKS: Commissioner Mehta? 25 COMMISSIONER MEHTA: Aye. 7 1 MR. MARKS: Commissioner -- Chairman 2 Holloway? 3 CHAIRMAN HOLLOWAY: Aye. 4 MR. MARKS: For the site plan 5 application for the same application, Hartz Mountain 6 Industries, Inc., Harbor Boulevard, Weehawken, New 7 Jersey. 8 COMMISSIONER AVAGLIANO: I make a 9 motion to approve it. 10 COMMISSIONER MEHTA: I will second it. 11 MR. MARKS: Mr. Chairman, on a motion 12 made by Commissioner Avagliano and seconded by 13 Commissioner Mehta: 14 Commissioner Avagliano? 15 COMMISSIONER AVAGLIANO: Aye. 16 MR. MARKS: Commissioner Bettinger? 17 COMMISSIONER BETTINGER: Aye. 18 MR. MARKS: Commissioner Choffo? 19 COMMISSIONER CHOFFO: Aye. 20 MR. MARKS: Commissioner Fitzgibbons? 21 COMMISSIONER FITZGIBBONS: Aye. 22 MR. MARKS: Commissioner Jasek? 23 COMMISSIONER JASEK: Aye. 24 MR. MARKS: Commissioner Mehta? 25 COMMISSIONER MEHTA: Aye. 8 1 MR. MARKS: Chairman Holloway? 2 CHAIRMAN HOLLOWAY: Aye. 3 MR. MARKS: Mr. Chairman, that motion 4 passed. 5 CHAIRMAN HOLLOWAY: Thank you. 6 MR. MARKS: Next resolution to be 7 memorialized is SP-85-05, Nu Dimension Construction 8 Enterprises at 7908-7914 Kennedy Boulevard, North 9 Bergen, New Jersey. 10 COMMISSIONER AVAGLIANO: Motion to 11 approve. 12 COMMISSIONER BETTINGER: I'll second 13 that. 14 MR. MARKS: Mr. Chairman, on a motion 15 made by Commissioner Avagliano and seconded by 16 Commissioner Bettinger: 17 Commissioner Avagliano? 18 COMMISSIONER AVAGLIANO: I vote aye. 19 MR. MARKS: Commissioner Bettinger? 20 COMMISSIONER BETTINGER: Aye. 21 MR. MARKS: Commissioner Choffo? 22 COMMISSIONER CHOFFO: Aye. 23 MR. MARKS: Commissioner Fitzgibbons? 24 COMMISSIONER FITZGIBBONS: Aye. 25 MR. MARKS: Commissioner Jasek? 9 1 COMMISSIONER JASEK: Aye. 2 MR. MARKS: Commissioner Mehta? 3 COMMISSIONER MEHTA: Aye. 4 MR. MARKS: Chairman Holloway? 5 CHAIRMAN HOLLOWAY: Aye. 6 MR. MARKS: Mr. Chairman, that motion 7 passed. 8 And finally, for the resolution memorializing 9 SP-91-05, Stephen McCormick, located at 111-115 Frank 10 E. Rodgers Boulevard, Harrison. 11 COMMISSIONER AVAGLIANO: Motion to 12 approve. 13 COMMISSIONER BETTINGER: I'll second 14 it. 15 COMMISSIONER CHOFFO: Second it. 16 MR. MARKS: Mr. Chairman, on a motion 17 made by Commissioner Avagliano and seconded by 18 Commissioner Bettinger: 19 Commissioner Avagliano? 20 COMMISSIONER AVAGLIANO: Aye. 21 MR. MARKS: Commissioner Bettinger? 22 COMMISSIONER BETTINGER: Aye. 23 MR. MARKS: Commissioner Choffo? 24 COMMISSIONER CHOFFO: Aye. 25 MR. MARKS: Commissioner Fitzgibbons? 10 1 COMMISSIONER FITZGIBBONS: Aye. 2 MR. MARKS: Commissioner Jasek? 3 COMMISSIONER JASEK: Aye. 4 MR. MARKS: Commissioner Mehta? 5 COMMISSIONER MEHTA: Aye. 6 MR. MARKS: Chairman Holloway? 7 CHAIRMAN HOLLOWAY: Aye. 8 MR. MARKS: Mr. Chairman, that motion 9 passed. 10 CHAIRMAN HOLLOWAY: Thank you. 11 MR. MARKS: Mr. Chairman, next matter 12 on the Agenda this evening is Section 6B, 13 applications declared to be exempt: SP-95-05, New 14 Cingular Wireless PCS, LLC, located at 734-736 Elm 15 Street, Kearny. 16 COMMISSIONER AVAGLIANO: Motion to 17 approve. 18 COMMISSIONER BETTINGER: I'll second 19 it. 20 MR. MARKS: Mr. Chairman, on a motion 21 made by Commissioner Avagliano and seconded by 22 Commissioner Bettinger: 23 Commissioner Avagliano? 24 COMMISSIONER AVAGLIANO: I vote aye. 25 MR. MARKS: Commissioner Bettinger? 11 1 COMMISSIONER BETTINGER: Aye. 2 MR. MARKS: Commissioner Choffo? 3 COMMISSIONER CHOFFO: Aye. 4 MR. MARKS: Commissioner Fitzgibbons? 5 COMMISSIONER FITZGIBBONS: Aye. 6 MR. MARKS: Commissioner Jasek? 7 COMMISSIONER JASEK: Aye. 8 MR. MARKS: Commissioner Mehta? 9 COMMISSIONER MEHTA: Aye. 10 MR. MARKS: Chairman Holloway? 11 CHAIRMAN HOLLOWAY: Aye. 12 MR. MARKS: Mr. Chairman, that motion 13 passed. 14 Mr. Chairman, Section 6C on the Agenda this 15 evening, site plans and subdivision scheduled for 16 hearing. The first application is SP-32-05, 17 Metrovest Equities, Inc., located at Montgomery 18 Street and Baldwin Avenue, Jersey City. 19 MR. PAOLINO: Mr. Chairman, Members of 20 the Commission, Members of the Board, my name is 21 Eugene Paolino of Schumann Hanlon. I represent the 22 applicant. 23 This is an application for the Board to 24 approve, it's gone through site plan approval at the 25 city level. You may be familiar with it. It 12 1 involves the redevelopment development of the former 2 Jersey City Medical Center located at Baldwin and 3 Montgomery Streets. I think the traffic is the main 4 issue here and I think it's been resolved with, with 5 the traffic consultants and T&M, so if there are any 6 questions of the Board, and if the Board would like 7 to hear the kind of project it is, I'd be happy to go 8 through that, but that's the only thing I understand 9 is what -- 10 CHAIRMAN HOLLOWAY: Mr. Jacob, is 11 there issues -- 12 COMMISSIONER JASEK: What I 13 understand, Mr. Chairman, that was made by T&M, maybe 14 the consultant from T&M should brief us on what's on 15 the letter. 16 MS. FLOR: Would you like me to speak 17 here or up there? 18 MR. PAOLINO: No. Identify yourself. 19 MS. FLOR: My name is Jaclyn Flor. 20 I'm from T&M Associates. 21 CHAIRMAN HOLLOWAY: You want to swear 22 her in? 23 MS. FLOR: You want me to swear in? 24 JACLYN J. FLOR, P.E., having been first duly sworn 25 according to law, testified as follows: 13 1 MS. FLOR: Before the meeting I met 2 with one of the representatives of the Beacon, just 3 outside, and what they explained was that the traffic 4 report is basically for the whole project. It's not 5 for just this phase of the project, and as you are 6 aware, in the beginning of the report it states that 7 there's 100 -- 1,200 residential units. What they 8 need to explain is, basically, the traffic affects of 9 just a portion of the project, the Phase I, and Phase 10 I also has a commercial element, and the only 11 intersection that this is affecting is JFK and 12 Montgomery, so what we need to hear is what those 13 affects were. They are proposing mitigation from -- 14 what I understand, that mitigation is not going to 15 happen at this time. It's gonna' happen in later 16 phases and they will come back to the Board for those 17 phases, so basically, what we need to hear is what 18 the traffic affect is on Phase I, and if you're okay 19 with that, and that's pretty much what they're here 20 to testify to. 21 CHAIRMAN HOLLOWAY: Are you prepared 22 to testify in that matter? 23 MS. FLOR: No. I'm a consultant for 24 the Board, so basically, I review your application. 25 CHAIRMAN HOLLOWAY: Tom, if you could 14 1 swear -- 2 MR. CALVANICO: Please state your name 3 and your affiliation, for the record. 4 MR. SKAPINETZ: My name is Brett 5 Skapinetz, S-K-A-P-I-N-E-T-Z. I work with Bohler 6 Engineering. I'm a site engineer for this project. 7 BRETT W. SKAPINETZ, P.E., having been first duly 8 sworn according to law, testified as follows: 9 MR. SKAPINETZ: Hearing the question, 10 it is true, the application before you is for the 11 first phase of development. There is what's made to 12 be 1,200 units. The first phase constitutes only 314 13 of those 1,200 units, so about a quarter of the 14 project. As far as the direct impact on the 15 intersection and what that, how that correlates to 16 exact numbers, I do not have that for you. 17 CHAIRMAN HOLLOWAY: If I could just 18 stop you for a minute. 19 I'm not sure if all the Commissioners realize 20 what the Beacon is. If you -- 21 MR. PAOLINO: I'd be happy to give a 22 presentation. 23 CHAIRMAN HOLLOWAY: A little bit. 24 MR. PAOLINO: Actually, I have a 25 little drawing here. 15 1 CHAIRMAN HOLLOWAY: Just so that they 2 know. 3 MR. PAOLINO: Do you mind if I put 4 this here so you could see it better? 5 COMMISSIONER FITZGIBBONS: You want to 6 hold that up? 7 MR. PAOLINO: Put it up on the chair, 8 okay. 9 COMMISSIONER AVAGLIANO: That's good. 10 MR. PAOLINO: I think I know this 11 project well enough, so I could speak from there. 12 COMMISSIONER AVAGLIANO: Yeah. 13 CHAIRMAN HOLLOWAY: Thank you. 14 MR. PAOLINO: As I said earlier, the 15 project is the old revered, former Jersey City 16 Medical Center. It's approximately 12 acres. It 17 consists of 10 buildings. Of those 10 buildings, 18 they are almost all covered by the State Historic 19 Preservation easement. It's an easement that was -- 20 actually, they call it an easement. It's actually an 21 agreement whereby the developer of the hospital, the 22 former hospital, will preserve the exterior of the 23 buildings completely and the art deco style that was 24 accustom in the 1930's, and we'll also preserve parts 25 of the interior of the buildings. I think, among 16 1 them, the former Mayor Hayes' office will be 2 preserved, for instance. The project is an enormous 3 one. It's about 350 million to $400 million 4 project. It involves development of the buildings in 5 stages. 6 If you'd look at the buildings coming off of 7 Baldwin Avenue, the first building, the entry 8 building as you enter from Baldwin Avenue, that's 9 called the Rialto Building. All of the buildings 10 have been named, for good or bad, after theatres of 11 the 1930's, so the first building is the Rialto and 12 the Capital. They're two buildings. The first two 13 buildings, I think they were formerly called Center 14 Building and Surgical Building. Those two buildings 15 are going to be, and have been, in fact, approved by 16 the Department of Community Affairs for condominium, 17 314 condominium units. That is part of the first 18 phase. Site plan approval, as I told you, was 19 granted in March of 2005 by the City, which included 20 Buildings B and C, which is the Rialto Capital. 21 You'll see there's a building further down, F -- let 22 me just give you a hand here. Building F is right 23 here. That's a commercial building. It's a 64,000 24 square foot building, and this building, the building 25 immediately to the side of it is a parking garage 17 1 that is not yet built. It is a new parking garage. 2 If you went there today, you'd see the old power 3 house. The power house is completely useless at this 4 point. It doesn't generate enough power for these 5 buildings and it's, it's probably got a number of 6 other problems associated with it, which I'd not like 7 to go into it, but anyway, that power house will come 8 down and then the phasing will occur. The 9 construction will go throughout the project going to 10 the east building, which is the building next to the 11 parking garage. You'll see a U-shape building along 12 Corneliusin Hospital, that's Pollack Hospital, and 13 besides that is one many of us know, and I was born 14 at, is Margaret Hague. Margaret -- the Murdoch Hall 15 is up on Clifton Place. You know, that one and the A 16 Building, the building that's just to the side of the 17 entrance on Baldwin Avenue, that's the former Clinic 18 Building, I think, and that's going to be part of the 19 phase of development, too. 20 When all is said and done, they'll be 1,200 21 condominium units with a parking garage for that 22 number of units, under the Redevelopment Plan for 23 this property, and there is a specific Redevelopment 24 Plan. The Medical Center Study, Study Area 25 Redevelopment Plan calls for one spot, one parking 18 1 spot per unit. 1,200 units, 1,200 spots. There is 2 also going to be, in addition to residential 3 development, retail development. They'll be a 4 restaurant, both indoor and outdoor, in Building F, 5 which is, I think will be, is slated to be about 6 11,000 square feet, 7,000 square feet and 4,000 7 square feet out on the first level. The parking 8 garage, because of the topography of the property, it 9 comes down to Corneliusin Avenue. That's almost 10 solid rock when you go down. The garage is being 11 built mostly underground in that location so that 12 when it comes to, up to all other buildings, that's 13 really one level, and that's where it will be. That 14 level, there's a restaurant and other retail going to 15 be located there. 16 The amenities in the entire project are 17 impressive. They are nothing like anything in the 18 City that exists today. Includes a theatre, 19 libraries. There's a poker room. There's all kinds 20 of facilities, swimming pool. There's, there's a 21 number of amenities that -- the package is 22 spectacular, to say the least. 23 In any event, we're only here because the 24 first part of the residential development, Rialto 25 Capital, 314 units -- actually, 315 when you include 19 1 the super's unit. One more thing I neglected to 2 mention. On the interior of the project, here and 3 here, almost in an L, that's the interior access 4 roadways, so they'll be infrastructure built on the 5 interior of the project. You could picture it -- 6 basically, what they're doing is they're turning the 7 buildings around, so instead of being entered from 8 the main streets, as they did in the past, they're 9 really being entered from the center of the project, 10 and that will allow for cars to be driven up, valet 11 parked. 12 There's a considerable amount of landscaping 13 that will be done. Landscaping architect has been 14 fully involved in all of the phases. 15 I think, I hope that we've covered nearly 16 everything that needs to be covered for a project of 17 this size and importance. As we are before you, I 18 think the issue that T&M has raised relates to the, 19 not to anything that directly accesses this project, 20 Montgomery Street and Baldwin Avenue, it really is 21 further down the line when you get up to Kennedy 22 Boulevard, I think that's the real issue, and I think 23 that's been addressed by McMann Associates, who's 24 our, our consultant, traffic consultant on that, so I 25 ask for the Board's approval on that. 20 1 As we go through the phases and the traffic 2 conditions change, we necessarily have to appear 3 before you again and you'll see the project as it 4 goes through, and I hope that when you see that, 5 you'll be as pleased as I hope to be myself. 6 Thank you. 7 CHAIRMAN HOLLOWAY: Thank you, very 8 much. 9 MR. SKAPINETZ: I just would like to 10 add to that, before Gene gave his presentation -- I 11 don't have anything in writing, but I do have 12 documentation from McMann with regards to how Phase I 13 compares to the overall, and what we're looking at at 14 the key intersection that's being mentioned in T&M's 15 letter at Montgomery and what was done in 2004. 16 McMann did their counts at the hospital when it was 17 about 30 percent occupied, and based -- comparing to 18 those counts in 2004, under Phase I they're looking 19 at 22 new a.m. trips to that intersection and 36 new 20 p.m. trips to, into that intersection, so it's a very 21 small amount as compared to 2004. Again, because 22 we're only doing Phase I, the 314 units. They'll 23 be -- obviously we'll be back here again for the 24 later phases, which will result in -- 25 CHAIRMAN HOLLOWAY: How many did you 21 1 say, a.m? 2 MR. SKAPINETZ: A.M., 22 a.m. and 36 3 p.m. at the JFK, Montgomery intersection versus 2004 4 counts. 5 COMMISSIONER FITZGIBBONS: There will 6 be, I guess shuttles going to the, going to the 7 trains and the -- 8 MR. PAOLINO: Yes. In fact -- 9 COMMISSIONER FITZGIBBONS: And the, 10 what do you call it, ferry? 11 MR. PAOLINO: Ferry station. 12 COMMISSIONER FITZGIBBONS: Yeah. 13 MR. PAOLINO: In fact, I can represent 14 to you, I think, I'm sure you're interested in this, 15 we have already incorporated shuttle service. In 16 other words, we formed a corporation necessary to 17 obtain all the necessary licensing and we will have 18 shuttle buses, jitneys, I don't know what you call 19 them, from the Beacon to the ferry stop at Exchange 20 Place and the Path Train Station at Exchange Place. 21 COMMISSIONER BETTINGER: Mr. Chair, I 22 have a question. 23 CHAIRMAN HOLLOWAY: Go ahead. 24 COMMISSIONER BETTINGER: Can you just 25 clarify the entrance, the entrance again? 22 1 MR. PAOLINO: For Phase I? 2 COMMISSIONER BETTINGER: Right. 3 MR. PAOLINO: Sure. 4 COMMISSIONER BETTINGER: I'm just a 5 little confused. You're saying it's going to be by 6 the emergency room rather than Baldwin? 7 MR. PAOLINO: That -- no. No. If 8 you -- today, if you wanted to enter into the 9 hospital, you'd be coming through Baldwin Avenue 10 right here. That's that -- used to be fountains 11 there. 12 COMMISSIONER BETTINGER: Okay. 13 COMMISSIONER AVAGLIANO: Right. 14 MR. PAOLINO: And that's the large 15 building, I think that's the Surgical Building, the 16 Center Building. This is the Center Building. 17 That's the Surgical Building. Now what they've done 18 is -- Brett, you should correct me, just in case, I 19 don't read drawings as well as you do. The entrance 20 is through here or through here. Assume it's through 21 here, on Baldwin Avenue. 22 COMMISSIONER BETTINGER: What street 23 is that, sir? 24 MR. PAOLINO: Excuse me. 25 COMMISSIONER BETTINGER: What street? 23 1 MR. PAOLINO: I'm sorry. This is 2 Baldwin, this is Montgomery, this is Corneliusin. 3 We're going out to Clifton Place here, so the entry, 4 if you came in through here, would be down, and if 5 you see here, there's a landscaped center area. It's 6 really a drop off point. It's like this, you drop 7 off there, there's the entrance, come in, you go out 8 again or you can go down and out again here. 9 CHAIRMAN HOLLOWAY: The entrance 10 that's coming off Baldwin, isn't that where the 11 ambulance comes through? 12 MR. PAOLINO: I think the ambulance 13 comes through Montgomery Street. 14 COMMISSIONER AVAGLIANO: The ambulance 15 used to come through that alleyway, he's right. 16 CHAIRMAN HOLLOWAY: I'm just trying to 17 get my picture. 18 COMMISSIONER BETTINGER: That's why I 19 was saying the emergency room. 20 MR. PAOLINO: Was coming through here. 21 COMMISSIONER BETTINGER: Right. 22 MR. PAOLINO: Well, that's what's 23 being used now. 24 You should also note, although it's not 25 depicted on this drawing, these two lots are probably 24 1 going to be part of this project at a later date. 2 We're in the midst of discussing the purchase of 3 those. We think that's useful for the entry way, but 4 there's also, I believe, an entry off of Clifton 5 Place, right there. You can see it, it goes right 6 in, and the parking garage is here. 7 COMMISSIONER MEHTA: See Kennedy and 8 Montgomery. 9 MR. PAOLINO: That's really all the 10 way up here. You know, you have to go down past 11 Summit, Bergen. 12 COMMISSIONER BETTINGER: You know 13 what's confusing, I think what you're saying, 14 Montgomery and Kennedy, they're not -- 15 MR. PAOLINO: Right. They're not 16 adjacent to one another. That's why I say the impact 17 here is really relatively indirect. It impacts, no 18 question about it, but it's not immediately outside 19 of the project. It's up, up further. 20 CHAIRMAN HOLLOWAY: Steve. 21 MR. MARKS: Mr. Chairman, for the 22 record, can Mr. Paolino identify the drawings that he 23 has been referring to? 24 MR. PAOLINO: Certainly. Certainly. 25 This is a drawing of the overall development of the 25 1 Beacon, which is the name of the project. It is -- 2 what do you call it? It's just a sketch, a concept 3 plan, a building phasing plan of the property. 4 CHAIRMAN HOLLOWAY: Want to mark it in 5 evidence? 6 MR. PAOLINO: With the landscaping. 7 MR. CALVANICO: Do you have a copy we 8 can mark? 9 MR. PAOLINO: I don't think that we 10 do. I can provide you a copy at a later date, 11 certainly. 12 CHAIRMAN HOLLOWAY: That would be 13 good. 14 MR. PAOLINO: We have hundreds. 15 Any other questions? 16 COMMISSIONER AVAGLIANO: Too bad you 17 don't have the brochure you had yesterday. It would 18 help out. 19 MR. PAOLINO: I drank too much 20 champagne, so I didn't think of that. 21 COMMISSIONER AVAGLIANO: I really 22 enjoyed it. I was one of the lucky ones to be there 23 yesterday to view this and go to the 18th floor and 24 review the new apartment up there. Absolutely 25 fabulous. 26 1 MR. SKAPINETZ: It's beautiful. 2 COMMISSIONER AVAGLIANO: It would be 3 an asset to Jersey City, believe me. I was very much 4 impressed going there, up there with a group of 5 council people, going up to the top floor. It's 6 absolutely gorgeous. I happen to know that hospital 7 very well. I was born in Margaret Hague, also, and 8 that was the ambulance entrance to -- 9 MR. PAOLINO: This one. 10 COMMISSIONER AVAGLIANO: Then you park 11 back there, which is excellent. 12 CHAIRMAN HOLLOWAY: Commissioner, I'm 13 hurt. You were invited, I wasn't. 14 COMMISSIONER AVAGLIANO: You're 15 interrupting. 16 I was in the hospital yesterday, it's really 17 beautiful. You guys are doing a great job. Believe 18 me, I enjoyed it, Mr. Paolino. 19 MR. PAOLINO: Thank you. 20 COMMISSIONER FITZGIBBONS: I want to 21 know who's getting the suite, the mayor's suite. 22 MR. PAOLINO: Who's getting the 23 mayor's suite? 24 COMMISSIONER FITZGIBBONS: Yeah. 25 MR. PAOLINO: I think there's going to 27 1 be a lottery for that one. I have no -- during the 2 State of New York Preservation Easement the state 3 went through, they photographed every inch of this 4 project, exterior and interior. I've never seen as 5 much documentation. I have some of it here, if you 6 wanted to see it, but it's -- they photographed 7 everything. 8 CHAIRMAN HOLLOWAY: Three phases, 9 right? Three phases? 10 MR. PAOLINO: Actually, there's going 11 to be, in the end, Commissioner -- Chairman, there's 12 probably going to be a number of phases, as much as 13 eight when, when all is said and done. If you want 14 to think of it -- it's really gonna' roll with the 15 market and financing. See how, how things are 16 going. Right now I can tell you that the sales have 17 been brisk. 18 CHAIRMAN HOLLOWAY: Time table. Is 19 there a time -- 20 MR. PAOLINO: I think Phase I is 18 21 months, Phase II is another 18 months, then we start 22 going down the road like that. 23 COMMISSIONER FITZGIBBONS: Take 10 24 years for that to be done. 25 MR. PAOLINO: Well, the developer 28 1 hopes to be done much quicker than that, but you're 2 right, it's a 12 acre, 10 building project, it can't 3 be a short time. 4 CHAIRMAN HOLLOWAY: Right. Mr. Jasek, 5 you have any? 6 COMMISSIONER JASEK: Yes, Mr. 7 Chairman. 8 First, you propose anything to do with the 9 intersection, Montgomery and Baldwin? 10 MR. SKAPINETZ: No. 11 COMMISSIONER JASEK: No. 12 You propose a traffic light. Where is the 13 exit or entrance to your complex from Montgomery? 14 MR. PAOLINO: Montgomery -- 15 MR. SKAPINETZ: Montgomery and -- 16 COMMISSIONER JASEK: Montgomery, where 17 is the entrance to your project? 18 MR. SKAPINETZ: There's already a 19 signal. 20 MR. PAOLINO: It's signalized. 21 MR. SKAPINETZ: That's signalized now. 22 MR. PAOLINO: As is the corner of 23 Summit and Montgomery. 24 MR. JASEK: All right. Well, we will 25 be neighbors pretty soon, because the County bought 29 1 the property across Montgomery, so it will be a 2 concern, some of the surrounding intersections, how 3 it will work. 4 What is the mitigation plan in the Phase II 5 on Montgomery and JFK Boulevard? 6 MR. SKAPINETZ: There -- well, no, I 7 don't know specifically. That was addressed in our 8 recommendations in McMann, the traffic engineer's 9 report, which actually addressed, in T&M's letter, 10 believing they were going to be done with this phase, 11 which is mitigation to the signal timing. I know for 12 the signals near JFK and Montgomery as well as some 13 of the surrounding intersections, but beyond that, I 14 don't have any other specifics. 15 MR. PAOLINO: Chairman, when we get to 16 Phase II, we'll have that. 17 COMMISSIONER JASEK: In my view, 18 there's not much you can do to that intersection. We 19 tried everything, but since we build the overpass for 20 St. Peters, they'll be less pedestrian, so there 21 might be room for slight change in timing. 22 MR. PAOLINO: I'll pass that along. 23 MR. JASEK: And lastly, on your 24 application it doesn't say that this is Phase I and 25 it talks about 1,200 units. 30 1 MR. PAOLINO: I think that was an 2 attempt to just describe the overall project. As a 3 matter of fact, I noticed another error in the 4 application. I didn't submit it myself. I saw 5 another error in the application. The applicant is 6 not Metrovest Equities. It's Baldwin Asset 7 Associates. Metrovest Equities has an interest, the 8 primary interest, but the formal name of the 9 developer, because it has to be an urban renewal 10 entity, is Baldwin Asset Associates Urban Renewal 11 Company, LLC. 12 COMMISSIONER AVAGLIANO: Mr. Paolino, 13 it would be great, before we go to Phase II, that 14 this Board have a tour for about a half hour to see 15 what's going on so they can actually visualize what's 16 going to happen, because, I mean, to sit here, 17 whatever you said tonight -- yet I was there and now 18 I can visualize what you're saying. 19 MR. PAOLINO: Sure. Sure. 20 COMMISSIONER AVAGLIANO: So I think 21 that would help the Board here immensely. 22 MR. PAOLINO: If that's what the Board 23 wishes, I'm sure Mr. Philopolous, who's the principal 24 in this company, would love to give a tour. 25 COMMISSIONER AVAGLIANO: If we went 31 1 back to the Pollack Building on the 18th floor, then 2 they can visualize what's gonna' happen next and they 3 would see what's, what's needed and what's not 4 needed. 5 MR. PAOLINO: Right. 6 COMMISSIONER AVAGLIANO: You know, 7 recommendations. 8 MR. PAOLINO: Yes. 9 COMMISSIONER AVAGLIANO: It's a 10 beautiful project. I congratulate you both. 11 MR. PAOLINO: I'll make sure that's 12 done. 13 COMMISSIONER AVAGLIANO: You all 14 agree? 15 CHAIRMAN HOLLOWAY: Yes. We 16 appreciate that. 17 Any more questions? 18 COMMISSIONER JASEK: I just want to 19 state, we are working on the first phase only. 20 MS. FLOR: I just wanted some 21 clarification on the Phase I. 22 It is just 314 units, because what I had read 23 in the application, there was also Building F which 24 had some commercial element, it had a day care and 25 fitness center and a restaurant. 32 1 MR. PAOLINO: Yes. Yes. It has a 2 restaurant. I don't think it has a fitness center. 3 Day care, fitness center, restaurant. 4 MS. FLOR: Then retail unit, so it 5 isn't just the 314, there's actually -- 6 MR. PAOLINO: That's right. 7 MS. FLOR: -- other things proposed in 8 addition to the residential. 9 MR. PAOLINO: The 314 is in the Rialto 10 Capital Building that's identified. Building C and D 11 and Building F is the retail building of the 64,000 12 square foot building that's gonna' house retail. 13 MS. FLOR: Okay. So 64,000 square 14 foot building is going to have retail? 15 MR. PAOLINO: Right, retail. 16 MS. FLOR: What type of retail? 17 MR. PAOLINO: A restaurant, primarily. 18 MS. FLOR: It's going to have a 19 restaurant? 20 MR. PAOLINO: Indoor, outdoor 21 restaurant. 22 MS. FLOR: The day care, is the day 23 care solely for the use of the residential portion or 24 is the day care open to the rest of the town? 25 MR. PAOLINO: It's my understanding 33 1 it's for the use of the, of the occupants of the 2 Beacon. 3 MS. FLOR: Okay. 4 MR. PAOLINO: I don't have -- I don't 5 know whether the developer has made a decision to 6 open it up to anybody else. I think that's going to 7 be subject to condominium documents. There's a, you 8 know, there's a Master Plan for the whole property, 9 not in a formal Land Use Master Plan, but the Master 10 Plan for the development, so that may, that may, in 11 fact, change. I have no idea. 12 MS. FLOR: So 11,000 is the 13 restaurant, because that's what you had said 14 earlier? 15 MR. PAOLINO: That's correct. 16 MS. FLOR: And the remaining 50,000 17 square feet is other retail? 18 MR. PAOLINO: That's correct. 19 MS. FLOR: Okay. Were those included 20 in your traffic count of 22 and -- 21 MR. SKAPINETZ: That's right. That's 22 correct. 23 MS. FLOR: That was -- 24 MR. SKAPINETZ: Phase I, Phase I was 25 included. McMann included everything in Phase I. 34 1 CHAIRMAN HOLLOWAY: If I can ask you a 2 question, the restaurant is not open to the public, 3 it's only for the -- 4 MR. PAOLINO: No. No. No. No. 5 Absolutely. I think the question I had was whether 6 the day care would be open to the -- 7 CHAIRMAN HOLLOWAY: What about the 8 restaurant? 9 MR. PAOLINO: The restaurant is, they 10 absolutely need to be open to everybody. 11 CHAIRMAN HOLLOWAY: So that was 12 included to the 22? 13 MR. PAOLINO: I'll have your table 14 ready. 15 COMMISSIONER AVAGLIANO: We'll be 16 attending. Don't worry. 17 CHAIRMAN HOLLOWAY: Any more 18 questions? 19 COMMISSIONER MEHTA: So in Phase I you 20 are proposing right now 314 condominium units? 21 MR. PAOLINO: That's correct. That's 22 correct. 23 COMMISSIONER MEHTA: Plus super's 24 units, so total would be 315? 25 MR. PAOLINO: That's correct, sir. 35 1 COMMISSIONER MEHTA: Plus 64,000 2 retail, commercial space? 3 MR. PAOLINO: That's correct. 4 COMMISSIONER MEHTA: And the parking 5 space you are providing, you are going to provide for 6 the condominium as well as the retail space, also? 7 MR. PAOLINO: That's correct. That's 8 right. 9 COMMISSIONER MEHTA: I think, 10 Chairman, I will suggest that while preparing the 11 resolution, if it pass, we make sure that we mention 12 everything properly in black and white, because it's 13 going to be so many different phases, so whatever we 14 are approving today, we are approving Phase I, and 15 you can write the name of the applicant as well as -- 16 whatever it was in the application. 17 CHAIRMAN HOLLOWAY: Well noted. 18 MR. PAOLINO: That's fine. 19 MR. SKAPINETZ: I want one point of 20 clarification on the traffic, though. The numbers 21 that I stated, remember, are numbers that, the 22 in 22 the a.m. and the 36 in the p.m. were only through the 23 JFK and Montgomery intersection. 24 MS. FLOR: That makes more sense. 25 MR. SKAPINETZ: Yeah. The numbers, 36 1 a.m., if you want to jot these downs, the new a.m. 2 numbers are 68 in the a.m. in total and 122 in the 3 p.m. in total new trips as a result of the, as a 4 result of all Phase I. Those original numbers I gave 5 were only to that key intersection that was pointed 6 out. 7 COMMISSIONER BETTINGER: Two separate 8 intersections, correct? 9 MR. SKAPINETZ: Well, the intersection 10 of key to note is the JFK, Montgomery intersection 11 that was pulled out in T&M's letter and also 12 identified by McMann of an area to need some 13 remediation as a result of the project, and those 14 were the original numbers I gave, the 22 in the a.m. 15 and the 36 in the p.m., of what the traffic goes 16 like. 17 COMMISSIONER MEHTA: When is a.m. and 18 p.m. in the traffic study? What time frame are you 19 saying? Half hour? One hour? 20 MR. SKAPINETZ: No. The peak hour, 21 which was to be, it's either seven and nine and four 22 to six, is when they did their study, so they did it 23 during the peak hour, which is typically within that 24 range, seven to nine, and they take, essentially, the 25 amount within a one hour period within those two 37 1 periods, seven to nine a.m. and four to six p.m. 2 COMMISSIONER MEHTA: So you suggest 3 that two of the time frame you can take will be very 4 negligible amount of increase? 5 MR. SKAPINETZ: That's correct, as a 6 result of Phase I. 7 CHAIRMAN HOLLOWAY: Any more questions 8 from the Commissioners? 9 COMMISSIONER JASEK: No. 10 CHAIRMAN HOLLOWAY: Can we have a 11 motion to approve for Phase I only? 12 COMMISSIONER FITZGIBBONS: I make a 13 motion to approve Phase I. On that motion, that the 14 traffic study for the rest of the project be upgraded 15 every time you come back. 16 MR. SKAPINETZ: Umm-hum. Agreed. 17 COMMISSIONER AVAGLIANO: I'll second 18 it. 19 MR. MARKS: Mr. Chairman, on a motion 20 to approve SP-32-05 made by Commissioner Fitzgibbons 21 and seconded by Commissioner Avagliano: 22 Commissioner Avagliano? 23 COMMISSIONER AVAGLIANO: I vote aye. 24 MR. MARKS: Commissioner Bettinger? 25 COMMISSIONER BETTINGER: Aye. 38 1 MR. MARKS: Commissioner Choffo? 2 COMMISSIONER CHOFFO: Aye. 3 MR. MARKS: Commissioner Fitzgibbons? 4 COMMISSIONER FITZGIBBONS: Aye. 5 MR. MARKS: Commissioner Jasek? 6 COMMISSIONER JASEK: Aye. 7 MR. MARKS: Commissioner Mehta? 8 COMMISSIONER MEHTA: Aye. This is 9 approval only for the Phase I, and please make all 10 the correction in the resolution. 11 MR. CALVANICO: Yes. 12 MR. MARKS: Chairman Holloway? 13 CHAIRMAN HOLLOWAY: Aye on Phase I. 14 MR. MARKS: Mr. Chairman, the motion 15 passed. 16 Mr. Chairman, the next matter scheduled for 17 Public Hearing is SP-37-05, 1514-1516 Manhattan 18 Avenue, LLC, Union City. 19 MR. ALONSO: Good evening, Mr. Chair, 20 Members of the Board. For the record, Alvaro Alonso 21 from the firm of Alonso & Navarrete on behalf of the 22 applicant. 23 This application received site plan approval 24 from the Union City Planning Board and we're before 25 the Board for consideration. I have one witness this 39 1 evening, Mr. Robert Costa, the engineer who prepared 2 the site plan. 3 At this time I would have Mr. Costa sworn in 4 so he could present the site plan. 5 CHAIRMAN HOLLOWAY: Okay. 6 MR. COSTA: Absolutely. For the 7 record, my name is Robert Lou Costa, C-O-S-T-A. 8 MR. CALVANICO: Costa Engineering 9 Group? 10 MR. COSTA: Yes. 325 -- you need the 11 address? 12 MR. CALVANICO: Go ahead. 13 MR. COSTA: 325 South River Street in 14 Hackensack, New Jersey. 15 ROBERT L. COSTA, P.E., P.P., C.M.E, having been first 16 duly sworn according to law, testified as follows: 17 MR. COSTA: Mr. Chairman, Members of 18 the Board, good evening. Once again, I am here from 19 Manhattan Avenue. What have I created and what 20 aggravation have I caused for different people? Very 21 similar project, I was here probably less than a year 22 ago with my project which is a little bit further up 23 the street. This one, similar size. That's a 22 24 story zone. This particular building is going to be 25 20 stories high. Again, high end, 28 units, similar 40 1 type of valet system where you would pull in, the 2 residents would get out, go into their individual 3 units, come back down. Everything is 4 self-contained. There's a semicircle in the front in 5 order to pull in off Manhattan Avenue. All the 6 drainage is tied into Manhattan Avenue. The sewer is 7 tied into Manhattan Avenue. Currently, there's 8 houses and pavement on the current properties. Other 9 than that, that's it. If you go up there, if you've 10 been there recently, you'll see there's a banner on 11 the adjacent property, and there's an architect 12 coming out of the City that's going to do another 13 project there, Daniel Lieberstick, if anybody knows 14 that name. For some reason I think we created too 15 much attention on this hill in Union City. Like I 16 said, just another project, and again, very high 17 end. I do not have the architectural with me. I'm 18 not sure if Mr. Alonso does, but very nice 19 architectural, a little bit different design as a 20 circular aesthetic on one of the buildings, on one of 21 the units, and the opposite side's a straight 22 facade. They range somewhere between 2,800 square 23 feet up to 8,000 square feet in the penthouse. 24 CHAIRMAN HOLLOWAY: Jasek, do you have 25 any comments -- 41 1 COMMISSIONER JASEK: Yes, Mr. 2 Chairman. 3 CHAIRMAN HOLLOWAY: -- or concerns? 4 MR. ALONSO: Yes. 5 COMMISSIONER JASEK: Several 6 questions. 7 First, are you going to drain the pool? 8 MR. COSTA: Drain -- I'm sorry. 9 COMMISSIONER JASEK: You have a 10 swimming pool on the property. You will have a 11 swimming pool. 12 Have you proposed, proposed to drain it, if 13 there is a need for it? 14 MR. COSTA: Honestly, Mr. Jasek, I'm 15 not that smart, so I'll leave it up to the mechanical 16 engineers. 17 COMMISSIONER JASEK: All right. 18 MR. COSTA: I would say you would put 19 it into piping, into the sewer system. If it has to 20 be pumped, we'll pump it. 21 COMMISSIONER JASEK: I ask that 22 because we had problems with a similar situation 23 before because they just opened it and flooded the 24 neighborhood. 25 MR. COSTA: No. Basically, it's going 42 1 to be tied into the sewer system. Anything internal 2 to the building would be handled by the mechanical 3 engineers. I'm just the site engineer and civil 4 engineer for the project. 5 CHAIRMAN HOLLOWAY: Do we know how 6 they would drain it? 7 MR. COSTA: It would have to be tied 8 in. There's no question about it. I mean, you could 9 put that in your resolution, but it would have to be, 10 it just can't spill out on to the grounds. 11 COMMISSIONER FITZGIBBONS: You're 12 going to build a 22 -- 20 story -- 13 MR. COSTA: 20 story building. 14 COMMISSIONER FITZGIBBONS: Did you get 15 approval from the Sewer Authority there? 16 MR. COSTA: Yes. We have Bergen 17 County -- excuse me. Hudson County Soils are ready. 18 The Sewer Authority is just down the hill. The pipe 19 actually goes down Manhattan Avenue -- 20 COMMISSIONER FITZGIBBONS: Into 21 Hoboken. 22 MR. COSTA: -- makes a left-hand turn 23 through a project I worked on right before the 24 viaduct, 55 unit project, it goes down the hill there 25 and ties into the Sewer Authority. 43 1 COMMISSIONER FITZGIBBONS: You're 2 going to tie into county sewage? 3 MR. COSTA: Yes. Drainage, not, not 4 sanitary. 5 COMMISSIONER FITZGIBBONS: We have 6 problems with water coming down that hill, right, 7 Bob? 8 COMMISSIONER JASEK: Yes, we do have a 9 problem, because eventually this, this water will end 10 up in the pipe along 14th Street viaduct. It freezes 11 every winter and it creates a problem, so we might 12 put in the condition that, since you are containing 13 the water into this pipe, you will have to contribute 14 some maintenance. 15 MR. COSTA: I don't know if you have a 16 problem with it. 17 MR. TORRES: What was it? 18 MR. COSTA: Contribute to maintenance. 19 CHAIRMAN HOLLOWAY: Is this -- excuse 20 me. Come up. 21 MR. TORRES: Is this the storm sewer 22 coming down? 23 COMMISSIONER JASEK: Goes on 14th 24 Street directly on to the -- 25 CHAIRMAN HOLLOWAY: State your name. 44 1 MR. TORRES: Gabriel Torres. 2 CHAIRMAN HOLLOWAY: And you are? 3 MR. TORRES: I'm part owner of the 4 property. 5 CHAIRMAN HOLLOWAY: Swear him in, 6 please. 7 GABRIEL TORRES, having been first duly sworn 8 according to law, testified as follows: 9 CHAIRMAN HOLLOWAY: Mr. Jasek, he's 10 part owner. 11 COMMISSIONER JASEK: I will say that 12 the County is sole owner of that drainage pipe 13 running underneath of 14th Street viaduct, which your 14 sewer from Manhattan Avenue is connected into, the 15 drainage. Every winter there is an extensive need 16 for maintenance of that, so if you are -- since you 17 are contributing water into this pipe, would be just 18 fair for you to contribute into maintenance of that 19 pipe. 20 CHAIRMAN HOLLOWAY: Mr. Jasek, could 21 you use your microphone? Commissioners can't hear 22 you. 23 Thank you. 24 COMMISSIONER JASEK: Nobody else is 25 connected into this drainage but the road drainage 45 1 from the both south and north wing of the viaduct and 2 your project, so it's quite easy for the County, or 3 together with you, to figure out what should be your 4 contribution for the maintenance of the pipe. 5 MR. TORRES: Okay, then we'll have 6 to. We will have to find out about that, how -- 7 MR. COSTA: I guess, I mean, who do we 8 speak to at the County as far as the contribution? 9 I'm not sure what you would want from us. 10 Absolutely, under the RSIS, we have to decrease the 11 amount of water that's coming off the site. We have 12 a detention system that's going to go into the 13 detention system first and then slowly outlet into 14 your pipe, so as far as maintenance, I'm not sure 15 exactly what you want us to do. 16 COMMISSIONER JASEK: The detention 17 basin does not contribute the -- it increases the 18 flow. It's for a longer time. 19 MR. COSTA: Right. Obviously. 20 COMMISSIONER JASEK: At this point I 21 would have to discuss that with the Director of the 22 Roads and he would make a determination. Once in a 23 while there is a need to repair the pipe because, if 24 it freezes. That could happen. Last, this past 25 winter, it accumulates ice underneath the viaduct and 46 1 the pipe has to be replaced or repaired, so we're -- 2 if you have -- we know exactly how much you are 3 contributing, the flow into this pipe, so that would 4 be very relatively easy calculation to figure out, 5 how much is your part. 6 MR. COSTA: Okay. I mean, as long as 7 it's a reasonable number. 8 MR. TORRES: Exactly. I mean, you 9 know -- 10 COMMISSIONER JASEK: We don't want you 11 to maintain the whole thing. You will have something 12 like, like five percent. 13 MR. COSTA: 10 or $15, $20? 14 COMMISSIONER JASEK: That, I don't 15 know. 16 COMMISSIONER FITZGIBBONS: Well, you 17 see, it's not a laughing matter, because people 18 from -- down the hill is Hoboken. 19 MR. COSTA: Right. 20 COMMISSIONER FITZGIBBONS: When that 21 thing acts -- first of all, when it really ices up, 22 backs up on that viaduct, the viaduct is useless, 23 they close it down, but when it thaws out, all that 24 water goes down, downhill. 25 MR. COSTA: I'm not sure -- again, I 47 1 didn't mean to be facetious or anything else. I 2 don't understand which pipe it is. Personally, I 3 don't know the pipe we're speaking of. 4 COMMISSIONER FITZGIBBONS: You go up 5 the viaduct. 6 MR. COSTA: I have been up the viaduct 7 a thousand times. 8 COMMISSIONER FITZGIBBONS: Go through 9 Hoboken and go down one of those roads and you'll see 10 it come right downhill. 11 MR. COSTA: It's hanging underneath 12 the viaduct itself, it's traveled on the viaduct. 13 COMMISSIONER JASEK: It is the south 14 side of the viaduct, if you are going on any street 15 under, you can see that. The pipe is in good shape 16 because it was repaired not long time ago with great 17 expense, but if there is a need for any repairs which 18 will happen over the winter, and I think it's a fair 19 request, that you will be involved. 20 MR. COSTA: All right. 21 CHAIRMAN HOLLOWAY: Just, are you 22 asking him to help repair it if it breaks down 23 because of regular drainage or because of the pool 24 drainage? Just regular drainage? 25 COMMISSIONER JASEK: No. That would 48 1 be the regular drainage from the site, yeah, the rain 2 water. 3 COMMISSIONER MEHTA: Then they 4 increase -- 5 COMMISSIONER FITZGIBBONS: There's 6 going to be a significant amount of increase because 7 of that property. 8 COMMISSIONER JASEK: Yes. We know 9 from the drainage calculation how much cubic feet per 10 minute they are contributing into this flow. 11 CHAIRMAN HOLLOWAY: Definitely have to 12 be subject to how you're going to drain the pool. 13 MR. COSTA: Okay. 14 CHAIRMAN HOLLOWAY: And what pipes are 15 going to be used, so we know -- 16 MR. ALONSO: I mean, at this time it's 17 difficult to agree to a contribution when we don't 18 have a number attached to it, only because it may 19 impact on the fees, I believe, of the whole project, 20 so, I mean, in concept, we agree that we would 21 contribute whatever percentage is allocated to our 22 property, but it's something that we would obviously 23 have to review further, so we agree to it. 24 CHAIRMAN HOLLOWAY: But you don't want 25 to agree to a certain percentage? 49 1 MR. ALONSO: That's correct. 2 What's that number? 3 CHAIRMAN HOLLOWAY: Tom? 4 MR. CALVANICO: Mr. Chairman, I think 5 we could probably work out some language for the 6 resolution, which wouldn't be memorialized until next 7 month, anyway. By that time, I'm sure consultation 8 with the County Engineer and the people, we can come 9 up with a figure that everyone will agree. I mean, 10 it's going to have to be subject to a formalized 11 agreement between the County itself, not the Board, 12 the County, and so we have some time to work it out, 13 but we'll get you the numbers quickly. That won't be 14 difficult. 15 MR. TORRES: Is that, is that for the 16 storm sewer that you are talking about? 17 COMMISSIONER JASEK: That's a storm 18 sewer only. 19 MR. TORRES: For the storm sewer 20 only? 21 COMMISSIONER JASEK: That's correct. 22 MR. TORRES: It's not -- because I 23 think the pool is going to be attached to the storm 24 sewer, just because the drainage, the -- 25 COMMISSIONER JASEK: No, because your 50 1 project is contributing flow into the storm sewer. 2 MR. TORRES: Okay. Because there was 3 other properties in that area that were approved and, 4 you know, they have drainage and everything else and 5 they -- where they, how they contributed to the -- 6 COMMISSIONER JASEK: Mr. Chairman, to 7 my knowledge, there is no other property connected 8 into this, into this drainage system. 9 MR. COSTA: Not directly connected, 10 but I'm sure there's sheet flow coming off of the 11 pavement there now. There's houses, there's garages. 12 COMMISSIONER FITZGIBBONS: It's not a 13 22 story building. 14 MR. COSTA: No. There's no 22 story 15 building, but as far as impervious, impervious that's 16 there today, it's probably pretty close to the -- the 17 amount of CFS that's coming off the site is 18 relatively small, but again, I think the best thing 19 is, we'll sit down, we'll come up -- 20 CHAIRMAN HOLLOWAY: Both parties sit 21 down. 22 COMMISSIONER CHOFFO: I have a 23 question. 24 Mr. Alonso, was this approved by Union City? 25 MR. ALONSO: Yes, it was. 51 1 COMMISSIONER CHOFFO: Was there any 2 condition that they made, the application change at 3 any point? 4 MR. ALONSO: I believe I submitted a 5 copy of the resolution. Oh, no, I didn't submit the 6 application. Your office submitted the application. 7 COMMISSIONER CHOFFO: The one we have 8 doesn't show it was approved. It just says you were 9 in front of the Board on March 24th of 2005. 10 MR. ALONSO: That's correct. It was 11 approved in one meeting, so that March meeting it was 12 approved. No variances were requested. It was only 13 site plan approval. 14 COMMISSIONER JASEK: Mr. Chairman, I 15 have one last question. 16 CHAIRMAN HOLLOWAY: Yes. 17 COMMISSIONER JASEK: How do you 18 propose to construct this project? You understand 19 that that has to be two-way traffic on that road, on 20 Manhattan Avenue at all times? 21 MR. COSTA: Yes. I mean, obviously 22 you're going to need, to do any of this work you're 23 going to have to have police protection, come up with 24 a safety plan to be submitted, whether it goes to T&M 25 Associates, I believe that was one of the comments in 52 1 their letter, or whether it goes to yourself -- 2 COMMISSIONER JASEK: Well, if you are 3 asking in the future during the construction closing 4 of the sidewalk or limiting or narrowing the traffic 5 lanes so you can have construction site for the crane 6 or whatever you will need, then you have to come to 7 my office to get a permit for that. Same thing is 8 for any road opening for the -- 9 MR. COSTA: Right. For anything, gas, 10 water, the sanitary sewer, the storm sewer, 11 obviously. 12 MR. JASEK: I just want to put that on 13 the record. 14 CHAIRMAN HOLLOWAY: Any more 15 questions? 16 COMMISSIONER FITZGIBBONS: We got T&M. 17 MS. FLOR: I have a couple questions. 18 CHAIRMAN HOLLOWAY: Yeah, okay. 19 You're proposing a valet system? 20 MR. COSTA: Yes. 21 MR. ALONSO: Can you explain how 22 that's going to work? Because one of the concerns, 23 from what I understood with the County, was basically 24 these cars could stack up on the road, unless you 25 have elevators in the building, so basically, a car 53 1 will pull up and then valet will take it -- 2 MR. COSTA: Correct. 3 MR. ALONSO: -- into an elevator and 4 then take it to a spot? 5 MR. COSTA: Correct. 6 MR. ALONSO: How are you going to 7 control stacking? Are you going to have more than 8 one valet? Are you -- 9 MR. COSTA: Again, this would be more 10 procedural. Basically, the comment is very well 11 founded. The way the system should run and the way 12 it should happen, similar to any building in 13 Manhattan, how they've done it for X amount of years, 14 50 years, say, these are tried and true, they're 15 stacking systems instead of building ramps, internal 16 ramps into the project. We're using lifts in order 17 to get the cars up and down on two levels, to get up 18 to the 62 parking spaces. Totally valet system. You 19 come home at night, similar to if you were in New 20 York, they normally know what time you leave in the 21 morning, what time you get home at night, they put 22 the car in the holding -- 23 CHAIRMAN HOLLOWAY: Excuse me. Could 24 you address the Chair? 25 MR. COSTA: Sorry. 54 1 We put a car in the holding chair space and 2 then they would park it. If you were going to be in 3 and out, you would be obviously in a different space, 4 if you were going to be a longer time, it would be on 5 a different level. 6 MS. FLOR: Okay. I guess that the 7 Board also, from what I understood, was ADA and 8 whether or not this was compliant because there was 9 no ADA space offered, and so that was one of the 10 other things. 11 MR. COSTA: Again, I'm not sure if 12 ADA, because it is a valet system, whether or not you 13 would need an actual dedicated handicapped space. If 14 you do, we would certainly provide one, but since 15 it's valet, I think you would eliminate the need for 16 it because you would just go up to the front and exit 17 your car. 18 CHAIRMAN HOLLOWAY: Jasek? 19 COMMISSIONER JASEK: No more 20 questions, Mr. Chairman. 21 CHAIRMAN HOLLOWAY: Are you 22 satisfied? 23 COMMISSIONER MEHTA: You say it's 20 24 story high building, right? 25 MR. COSTA: Yes. 55 1 COMMISSIONER MEHTA: I was reading T&M 2 Associates' report. It says 22 story high-rise. 3 MR. COSTA: I believe this is 20. The 4 zone is 22 stores. I think this actual one was 20. 5 COMMISSIONER MEHTA: Jaclyn, can you 6 clarify? 7 MS. FLOR: Basically, the project, 8 from what I understood, it was a 20 story high-rise 9 with 28 dwelling units and 62 parking spaces. That's 10 what the project was proposing. 16 of which were 11 three bedroom and 12 were two bedroom, and I believe 12 that's what the project is. 13 COMMISSIONER MEHTA: Your October 4th 14 report, it says 22 story high-rise. 15 MS. FLOR: That's because of the first 16 two -- there's parking, also proposed parking. 17 MR. COSTA: There could be just -- the 18 zone that it's in allows for 22 stories. Maybe 19 that's what the confusion is. 20 MR. TORRES: The 20 stories and the 21 parking. 22 MR. COSTA: 20 stories. 23 COMMISSIONER MEHTA: So 20 stories 24 includes the two stories of parking? 25 MR. COSTA: Yes, 20 stories. 56 1 COMMISSIONER MEHTA: Okay. What will 2 be the height of the building total? 3 MR. COSTA: 225 feet. 4 MR. CALVANICO: Measured from 5 Manhattan Avenue? 6 MR. COSTA: Yes. If you want, I can 7 give you a copy. 8 CHAIRMAN HOLLOWAY: Anything else, 9 Commissioners? 10 COMMISSIONER MEHTA: I just wanted to 11 clarify because it said two different numbers. 12 MR. COSTA: It's, again, on, on that, 13 on that hill. You're probably starting -- this 14 property is probably starting around elevation 195, 15 so say 200, for all practical purposes. When you get 16 up to the upper penthouse, you're roughly 410 feet up 17 in the air, so the views, it's outstanding. 18 CHAIRMAN HOLLOWAY: Motion to approve 19 subject to meeting with the engineer -- 20 MR. COSTA: Okay. 21 CHAIRMAN HOLLOWAY: -- to verify the 22 sewage problem. 23 MR. COSTA: Right. 24 COMMISSIONER MEHTA: I will make a 25 motion subject to you coming to the formal agreement 57 1 for the percentage of, maintenance percentage. 2 CHAIRMAN HOLLOWAY: Anyone second? 3 COMMISSIONER CHOFFO: I'll second. 4 CHAIRMAN HOLLOWAY: Thank you. 5 Steve? 6 MR. MARKS: Mr. Chairman, on a motion 7 to approve SP-37-05 made by Commissioner Mehta, 8 seconded by Commissioner Choffo: 9 Commissioner Avagliano? 10 COMMISSIONER AVAGLIANO: I vote aye. 11 MR. MARKS: Commissioner Bettinger? 12 COMMISSIONER BETTINGER: Aye. 13 MR. MARKS: Commissioner Choffo? 14 COMMISSIONER CHOFFO: Aye. 15 MR. MARKS: Commissioner Fitzgibbons? 16 COMMISSIONER FITZGIBBONS: Aye. 17 MR. MARKS: Commissioner Jasek? 18 COMMISSIONER JASEK: Aye. 19 MR. MARKS: Commissioner Mehta? 20 COMMISSIONER MEHTA: Aye. 21 MR. MARKS: Chairman Holloway? 22 CHAIRMAN HOLLOWAY: Aye. 23 Thank you. 24 MR. COSTA: Members of the Board, 25 thank you. 58 1 MR. ALONSO: Have a good evening. 2 MR. MARKS: Mr. Chairman, the next 3 matter scheduled for public hearing is SD/SP-71-05, 4 The Clam Broth House, located at 36-42 Newark Street 5 in Hoboken. 6 MR. McNEIGHT: Good evening. My name 7 is James McNeight. I'm the architect for The Clam 8 Broth House. 9 My attorney is not here yet. I don't know if 10 that makes it impossible for us to go on or not. 11 MR. CALVANICO: I think we can go 12 forward. 13 CHAIRMAN HOLLOWAY: Yeah, okay. 14 MR. McNEIGHT: I'll just put my model 15 here so you can see it. 16 CHAIRMAN HOLLOWAY: Mr. Calvanico, if 17 you could swear him in, please. 18 MR. CALVANICO: Yes. 19 Please state your name and affiliation. 20 MR. McNEIGHT: I'm an Architect and a 21 Planner in the State of New Jersey. I'm the designer 22 of this project. 23 JAMES McNEIGHT, having been first duly sworn 24 according to law, testified as follows: 25 MR. McNEIGHT: Just as an overall 59 1 introduction, The Clam Broth House is on Newark 2 Street between Hudson Street and River Street on the 3 north side of the block in the heart of the Path 4 Station Terminal District of the City of Hoboken. 5 It's also pretty much in the heart of the Historic 6 end of Hoboken. The project has received site plan 7 approval and subdivision approval by the Hoboken 8 Board of Adjustment and it's received a Certificate 9 of Appropriateness from the Hoboken Historic 10 Commission. 11 As you can see from my facade model that's on 12 the table there, it's a six story building that's 70 13 feet wide and it sits on an L-shaped lot that's -- 14 half of it is 50 feet deep, on the western side of 15 the building, and the other half is 100 feet deep, on 16 the eastern side of the building. The first two 17 floors of the building are going to be a 18 restaurant/bar. Clam Broth House is going to go back 19 into the space once the building is rebuilt. The 20 historic neon pointing finger sign that most people 21 are familiar with from the old Clam Broth House will 22 be reinstalled on the face of the building. The 23 second and the, actually, the third and the fourth 24 story on the model is office space. On those two 25 levels, and the top two floors of the building is 60 1 eight residential units. The building has no on site 2 parking and it has no curb-cuts or anything else in 3 connection with interfering with the traffic on 4 Newark Street. 5 CHAIRMAN HOLLOWAY: T&M Associates, do 6 you have any concerns or questions? 7 MR. REIMON: We have a question about 8 the parking. 9 You mention that there is no parking on 10 site? 11 MR. McNEIGHT: Correct. 12 MR. REIMON: Is there an agreement 13 between your property and the Parking Authority of 14 the City of Hoboken? 15 MR. McNEIGHT: Yes, there is. 16 MR. REIMON: Is that in place 17 already? Do you have a -- 18 MR. McNEIGHT: I believe it is. I 19 think that was part of the resolution from the 20 Hoboken Board of Adjustment, that, that an agreement 21 was in place. 22 MR. REIMON: How many parking spaces 23 are you going to get from them? 24 MR. McNEIGHT: I can't remember the 25 number offhand. It's on the, it's on the site plan 61 1 drawings that you have there. 2 CHAIRMAN HOLLOWAY: Mr. Marks, do we 3 have that agreement from Hoboken? 4 MR. MARKS: Mr. Chairman, I believe 5 that was sent out as part of your packages, either 6 the original package of letters which went out two 7 weeks ago or the full meeting board package which 8 went out last week. Actually, I think it was part of 9 the first package of letters which went out about two 10 weeks ago, which you should have received a couple 11 weeks ago. 12 CHAIRMAN HOLLOWAY: So we do have -- 13 MR. MARKS: Otherwise, I do have a 14 copy of the -- Mr. Specter, who's the attorney for 15 the applicants, furnished one page of the Parking 16 Authority resolution. He did not forward to us the 17 full resolution from the City, but I could pull it up 18 if you'd like me to. 19 CHAIRMAN HOLLOWAY: Well, was it 20 approved? That's what I wanted to know. 21 MR. MARKS: From my understanding, it 22 was approved. As far as the actual number of spaces 23 dedicated to the Clam Broth House, I couldn't tell 24 you off the top of my head. 25 CHAIRMAN HOLLOWAY: And you don't know 62 1 how many spaces they authorized you to have? 2 MR. McNEIGHT: Not offhand, I'm sorry 3 to say. It is on the drawings that you have there. 4 CHAIRMAN HOLLOWAY: Could we get that, 5 Mr. Marks? 6 MR. McNEIGHT: There was a certain 7 number -- 8 COMMISSIONER FITZGIBBONS: Mr. 9 McNeight -- 10 MR. McNEIGHT: Yes. I'm sorry. 11 COMMISSIONER FITZGIBBONS: -- what was 12 originally there? 13 MR. McNEIGHT: On this particular lot 14 was a portion of The Clam Broth House, which, as you 15 know, was a much larger establishment. 16 COMMISSIONER FITZGIBBONS: How many 17 units were there? 18 MR. McNEIGHT: Upstairs, I believe 19 there was three units in each of the four buildings. 20 COMMISSIONER FITZGIBBONS: There was 21 12 units? 22 MR. McNEIGHT: 12 units, plus the 23 restaurant, yeah. 27 parking spaces were required. 24 MR. REIMON: That's good enough. 25 MR. McNEIGHT: We needed eight 63 1 residential, eight spaces for the residential units 2 and 19 spaces for the 19,000 square feet of 3 commercial area. 4 MR. REIMON: That's good enough, yeah. 5 MR. McNEIGHT: Thank you. 6 CHAIRMAN HOLLOWAY: You said 28? 28? 7 MR. McNEIGHT: A total of 27. 8 MR. REIMON: 27. 9 CHAIRMAN HOLLOWAY: 27. 10 MR. REIMON: 27 spaces. 11 COMMISSIONER FITZGIBBONS: I'm 12 familiar with that building, very familiar. Many a 13 times I spent in The Clam Broth House as a young lad, 14 but there was 12 units in that building. 15 MR. McNEIGHT: Correct. 16 COMMISSIONER FITZGIBBONS: Plus the 17 commercial Clam Broth House which was, at any given 18 time could have 50, 60 people in there, in that 19 facility there and there was no parking. 20 MR. McNEIGHT: No. There was never 21 any parking on that block. 22 COMMISSIONER FITZGIBBONS: You 23 couldn't really park on that block. 24 MR. McNEIGHT: No. 25 COMMISSIONER FITZGIBBONS: Can't park 64 1 on that today, either. 2 MR. McNEIGHT: No. 3 COMMISSIONER FITZGIBBONS: But it's 4 good that the developer, or whoever's developing this 5 is providing off-street parking for, for that 6 development. 7 MR. McNEIGHT: Yeah. In this 8 particular zone in Hoboken, if you're within 800 feet 9 of a municipal garage, it's allowed for you to have 10 off site parking, as long as you come up with an 11 agreement. 12 COMMISSIONER FITZGIBBONS: Is there a 13 restaurant gonna' be there? 14 MR. McNEIGHT: Yeah. Restaurant and 15 bar on the first two levels. 16 COMMISSIONER FITZGIBBONS: The Clam 17 Broth House -- 18 MR. McNEIGHT: Same thing. 19 COMMISSIONER FITZGIBBONS: -- I hope 20 there's no clam shells on the floor. 21 CHAIRMAN HOLLOWAY: Do you have -- 22 MR. REIMON: Yeah. I got a few more 23 items in here, yeah. 24 Another item is related to the sidewalk. You 25 have about 12 feet of sidewalk in front of your 65 1 property. We want to make sure that you show on the 2 plans any features, like fire hydrants, trees. We 3 want to know how much sidewalk is going to be 4 available for pedestrians, in compliance with ADA, 5 like the Department of Justice. 6 MR. McNEIGHT: Correct. Yeah. 7 MR. REIMON: Another item is in 8 reference to street opening permits. You should 9 contact the County Engineer's Office to request the 10 street opening permits to install water and sewer and 11 any underground facilities in relation to the water 12 and sewer, I believe are electric. 13 MR. McNEIGHT: Electric's underground, 14 too. 15 MR. REIMON: And then the restoration 16 has to be also in conformance with the NJDOT's 17 specifications for subbase and pavement. 18 Also, there is an issue about encroachment of 19 the building into the public right-of-way on Newark 20 Street. 21 MR. McNEIGHT: Correct. 22 MR. REIMON: I believe you already 23 have an agreement or you are going to work out an 24 agreement with the County as far as purchasing, 25 purchasing the right-of-way or you're going to have 66 1 to remove the encroachment. 2 MR. McNEIGHT: Okay. 3 MR. REIMON: Those are my comments. 4 CHAIRMAN HOLLOWAY: Were you aware of 5 these issues or this is the first time you're hearing 6 it? Because I'm looking at your face, and it looks 7 like you're puzzled. 8 MR. McNEIGHT: I was aware -- this is 9 the first time I heard about the agreement with the 10 County. The City Council of Hoboken think they own 11 the particular sidewalk there. We have an agreement 12 with them already, but originally I had a six foot 13 encroachment on to the 12 foot sidewalk and the -- 14 before we appeared here I got a letter from the 15 County asking it to be reduced to three feet, which 16 we did. 17 MR. REIMON: Yeah, because there is 18 the resolution in the, in the City of Hoboken that 19 they're allowed to encroach three feet into the 20 sidewalk. What happens, that in this case you are 21 encroaching into a county right-of-way -- 22 MR. McNEIGHT: Correct. 23 MR. REIMON: -- which is different. 24 MR. McNEIGHT: Okay. 25 COMMISSIONER JASEK: Mr. Chairman, Mr. 67 1 McNeight is an architect. We need to notify the 2 owner that he needs to contact the County through my 3 office to resolve this easement. It happens every 4 time in Hoboken, because Hoboken has all street 5 encroachments into the sidewalk. It's okay if it's a 6 municipal street. If it's a county road, they have 7 to come and deal with the County. This is the, not 8 the -- we need the opening permit. 9 CHAIRMAN HOLLOWAY: Steve? 10 MR. MARKS: Mr. Chairman, in a letter 11 which went out in your packets two weeks ago from Mr. 12 Stephen Specter, who is the attorney for the 13 applicant, the letter is dated October 5th, in the 14 second paragraph of his letter he states that the 15 applicant will agree to enter into a contract with 16 the County, to purchase from the County the 17 encroachment for the new building, which is three 18 feet into the right-of-way of the county road. It is 19 my client's understanding that the County is 20 presently determining, is presently determining the 21 cost of the purchase and will be, will be contacted 22 with my office upon same being determined. 23 Subsequent to this, I did speak to Mr. 24 Specter. I guess he conferred with the owner and the 25 applicant and they were agreeable to such, and 68 1 instead of getting an easement for a permanent 2 structure, they were agreeable to purchase that three 3 foot strip from the County at a price, at a price to 4 be determined by the County's appraiser, Mr. Hue 5 McGuire, and this was the subject of a discussion at 6 the Site Plan Committee meeting which met earlier 7 this month. 8 CHAIRMAN HOLLOWAY: Mr. Jasek, do you 9 believe that we have enough information to go forward 10 with approval or -- 11 COMMISSIONER JASEK: Yes, Mr. 12 Chairman. 13 CHAIRMAN HOLLOWAY: Subject to the 14 matters in hand. 15 COMMISSIONER JASEK: That's correct. 16 CHAIRMAN HOLLOWAY: Everything we had 17 spoken about. 18 COMMISSIONER JASEK: That's correct. 19 CHAIRMAN HOLLOWAY: Any of the 20 Commissioners -- 21 COMMISSIONER FITZGIBBONS: I'm going 22 to make a motion to approve based on, that you settle 23 with the appraiser of the County and you talk to the 24 engineer about any other problems based on that and 25 their approval. I make that motion. 69 1 CHAIRMAN HOLLOWAY: Before we have a 2 second motion, does any other Commissioner have any 3 questions? 4 COMMISSIONER AVAGLIANO: No. 5 CHAIRMAN HOLLOWAY: Do we have a 6 second? 7 COMMISSIONER BETTINGER: I'll second 8 the motion. 9 CHAIRMAN HOLLOWAY: Mr. Marks? 10 MR. MARKS: Mr. Chairman, on a motion 11 to approve resolution -- approve application 12 SD/SP-71-05, The Clam Broth House, made by 13 Commissioner Fitzgibbons and seconded by Commissioner 14 Bettinger: 15 Commissioner Avagliano? 16 COMMISSIONER AVAGLIANO: I vote aye. 17 MR. MARKS: Commissioner Bettinger? 18 COMMISSIONER BETTINGER: Aye. 19 MR. MARKS: Commissioner Choffo? 20 COMMISSIONER CHOFFO: Aye. 21 MR. MARKS: Commissioner Fitzgibbons? 22 COMMISSIONER FITZGIBBONS: Aye. 23 MR. MARKS: Commissioner Jasek? 24 COMMISSIONER JASEK: Aye. 25 MR. MARKS: Commissioner Mehta? 70 1 COMMISSIONER MEHTA: Aye. 2 MR. MARKS: Chairman Holloway? 3 CHAIRMAN HOLLOWAY: Aye, subject to 4 the conditions that Medina Consultants have mentioned 5 and dealing with the County purchasing the property. 6 MR. McNEIGHT: Correct. Thank you, 7 very much. 8 CHAIRMAN HOLLOWAY: Thank you. 9 MR. MARKS: Mr. Chairman, the next 10 matter scheduled for public hearing this evening is 11 application SP-73-05, PNC Bank, located at Two East 12 77th Street and River Road, North Bergen. 13 MR. NEISS: Good evening. 14 CHAIRMAN HOLLOWAY: Good evening. 15 MR. NEISS: My name is Arthur M. 16 Neiss, N-E-I-S-S. I'm counsel to the firm of, the 17 Law Office of Dennis J. Oury, LLC. We represent PNC 18 Bank. 19 It's my understanding that my firm received a 20 communication from the Site Plan and Subdivision 21 Review Committee with respect to a couple of matters 22 in regard to this application, and I believe that our 23 engineer has provided the committee, the subcommittee 24 with the revised set of plans that accommodates those 25 concerns. 71 1 I have been asked by my client to make 2 application to you tonight for perhaps a license 3 agreement with respect to the parking spaces that 4 currently exist in the right-of-way on River Road. 5 Just by way of a very brief background, the 6 building is already existing. It's been there for 7 quite some time, and the issue that we were asked to 8 address were some parking spaces that do exist in the 9 right-of-way. As I indicated, we're happy to comply 10 with Mr. Marks' suggestions, but until such time as 11 the right-of-way is required for some public 12 purposes, we would respectfully request the 13 opportunity to enter into a license agreement to 14 accommodate the fact that those parking spaces are in 15 the public right-of-way, such that we would remove 16 them if and when it became necessary to do so. 17 Apart from that, I would just request that 18 the application be granted by the Board. 19 CHAIRMAN HOLLOWAY: Mr. Jasek? 20 COMMISSIONER JASEK: Mr. Chairman, 21 there are several properties along River Road which 22 made a similar request. There is -- on the border of 23 Hudson and Bergen County, there is a restaurant which 24 purchased a portion of the right-of-way so they can 25 put outdoor seating in the summer. There was a 72 1 similar arrangement made with a property next to the 2 hospital, I don't recall the name of it, so there is 3 room for arrangement which needs to be made with the 4 County. I would, I would suggest that if this 5 application's approved today, that it would be a 6 condition that the owner must enter negotiations with 7 the County before lease or purchase of this property 8 for use of the property which is the County 9 property. Even for the time when there is nothing 10 going on in the driveway, it's still property which 11 belongs to the taxpayer, taxpayers. 12 CHAIRMAN HOLLOWAY: Did you, did you 13 understand Mr. Jasek? 14 MR. NEISS: I apologize. My hearing 15 was not as good as it should have been. I sincerely 16 apologize. 17 CHAIRMAN HOLLOWAY: If you don't mind, 18 could you, Bob? 19 COMMISSIONER JASEK: Yes. 20 There is several spots, parking spots which 21 are on the County right-of-way right now. 22 MR. NEISS: Yes. 23 COMMISSIONER JASEK: And some owners, 24 they made arrangements with the County, either lease 25 the property or purchase such property. This request 73 1 of the property is needed for transportation or for 2 any other purposes, and if not, then the County 3 enters into the lease or the purchase with the 4 applicant, so I would suggest that activist start as 5 soon as possible, and if it doesn't lead to the 6 satisfactory conclusion, then approval of this Board 7 will be void. 8 MR. NEISS: Will be voided? 9 COMMISSIONER JASEK: Yes. 10 MR. NEISS: I would like the 11 opportunity to discuss that with my client before I 12 can say anything further about that. 13 COMMISSIONER JASEK: Well, Mr. 14 Chairman, can we move the conclusion of this case for 15 the next meeting? 16 CHAIRMAN HOLLOWAY: Yes. We can't get 17 an answer from you today, we'll have to move it to 18 the next meeting. 19 MR. NEISS: I understand. 20 CHAIRMAN HOLLOWAY: To be fair on your 21 part. 22 MR. NEISS: Yeah, I understand. I'd 23 like the opportunity to discuss that with my client. 24 I think it appropriate to do so. 25 CHAIRMAN HOLLOWAY: Motion to move 74 1 this to the next meeting. Can I have a motion? 2 COMMISSIONER MEHTA: I will make a 3 motion to postpone to the next meeting. 4 COMMISSIONER CHOFFO: Second. 5 COMMISSIONER AVAGLIANO: Next meeting 6 is November 14th. 7 CHAIRMAN HOLLOWAY: Commissioner, 8 we -- 9 COMMISSIONER CHOFFO: Second. 10 MR. MARKS: I'm sorry. 11 CHAIRMAN HOLLOWAY: Commissioner 12 Choffo seconds. 13 MR. MARKS: Mr. Chairman, on a motion 14 to table application SP-73-05, PNC Bank, made by 15 Commissioner Mehta and seconded by Commissioner 16 Choffo: 17 Commissioner Avagliano? 18 COMMISSIONER AVAGLIANO: I vote aye. 19 MR. MARKS: Commissioner Bettinger? 20 COMMISSIONER BETTINGER: Aye. 21 MR. MARKS: Commissioner Choffo? 22 COMMISSIONER CHOFFO: Aye. 23 MR. MARKS: Commissioner Fitzgibbons? 24 COMMISSIONER FITZGIBBONS: Aye. 25 MR. MARKS: Commissioner Jasek? 75 1 COMMISSIONER JASEK: Aye. 2 MR. MARKS: Commissioner Mehta? 3 COMMISSIONER MEHTA: Aye. 4 MR. MARKS: Chairman Holloway? 5 CHAIRMAN HOLLOWAY: Aye. 6 MR. NEISS: Thank you, very much. 7 CHAIRMAN HOLLOWAY: See you next 8 month. 9 MR. MARKS: Mr. Chairman, the final 10 application scheduled for public hearing this evening 11 is SP-96-05, Metro Stop Enterprises, LLC, located at 12 800 Jackson Street in Hoboken. 13 MR. BURKE: Thank you, Mr. Chairman 14 and Board. James Burke, B-U-R-K-E, representing the 15 applicant, and to my right is Dean Marchetto, the 16 architect. 17 This project consists of 113 residential 18 units, retail space is on the north and south side of 19 the building, parking for 95 vehicles, and a public 20 park on the south end of the building. 21 One issue, and I'll mention it up front, 22 there was concern by certain people regarding the 23 height of the building, and Mr. Marchetto will 24 explain that the applicant changed the design and 25 height of the building so that no part of the 76 1 building would exceed the height of the Palisades 2 which might obstruct views of people living in the 3 Heights. 4 Before we proceed, though, Mr. Marks, I 5 wasn't sure on jurisdiction before the County, 6 because I know -- Jackson Street I don't believe is a 7 county road, nor is Eighth or Ninth, so I was 8 assuming it's because of our proximity to the County 9 line and Paterson Plank Road. 10 MR. MARKS: Mr. Chairman, the County 11 has an interest in this case because the property 12 does lie within 200 feet of a municipal border. It 13 doesn't directly impact the Paterson Plank Road, 14 which is in a different elevation, but it is in close 15 proximity to the same. 16 CHAIRMAN HOLLOWAY: Okay. 17 MR. BURKE: Okay. I just wanted to be 18 clear so Mr. Marchetto understands that in his 19 comments. All right. 20 CHAIRMAN HOLLOWAY: Excuse me. Mr. 21 Calvanico, could you swear him in, please? 22 MR. CALVANICO: Yes. Just state your 23 name and your affiliation, for the record. 24 MR. MARCHETTO: My name is Dean 25 Marchetto with Dean Marchetto Architects and I'm the 77 1 architect for this project, and my office is in 2 Hoboken and I've appeared in front of this Board in 3 the past. 4 DEAN MARCHETTO, having been first duly sworn 5 according to law, testified as follows: 6 MR. BURKE: Mr. Marchetto, would you 7 provide a summary of the project? I see you brought 8 a number of illustrations to the Board. 9 MR. CALVANICO: Just, if I might, Mr. 10 Chairman, Mr. Marchetto, as you go through, please 11 identify the documents for us so the record is clear. 12 MR. MARCHETTO: You mind if I just 13 pull this back so you can see it a little better? 14 CHAIRMAN HOLLOWAY: Before you begin, 15 there's an existing building there now, right? 16 MR. MARCHETTO: There's a one-story, 17 one-story masonry building that occupies a portion of 18 the northern, or southern portion of the site right 19 here. 20 The first exhibit that I'm presenting tonight 21 is the overall rendered site plan of the project to 22 show you the location. This here is the new light 23 rail system that runs behind Hoboken. This is the 24 Palisades, Paterson Plank Road above, on top of the 25 hill. This here is Ninth -- Eighth Street and Ninth 78 1 Street and this is Jackson Street here. The old 2 Levelor Complex is right here, which is also being 3 converted to new residential use. Our property is 4 this trapezoidal piece of property here, bordered by 5 Eighth, Ninth and Jackson Street, and adjacent to the 6 light rail line which is directly behind us as well 7 as a stop. There is a light rail stop right here at 8 this location, which makes this project very 9 interesting, because in some ways it's more like a 10 transit village. We're designing a building here 11 that is designed to take maximum use of mass 12 transportation and create what the state considers as 13 a transit village or a smart growth project. This is 14 the kind of project that we anticipate will have a 15 big impact on lessening the use of automobiles in an 16 urban area like Hoboken. Being that it's right on 17 the train station, anyone who buys a residential unit 18 here and goes to work, let's say in Manhattan or 19 anyone other place served by mass transportation, 20 this light rail will directly take them to the Path 21 Station, and so there's a likelihood, according to 22 the traffic planners, that only 20 percent of owners 23 in this building would actually use their car on a 24 daily basis, so we feel that this is a very good 25 thing for the environment. 79 1 Secondary, as Mr. Burke has testified, this 2 building is being designed after meeting with several 3 community groups and trying to organize some kind of 4 compromise between the height of the building and the 5 height of the Palisades. At this location the 6 Palisades is about 110 feet above the ground level. 7 At the bottom of the Palisades, which is where our 8 project is, it's 110 feet, and Paterson Plank slopes 9 upward, so at this point it's about 110 feet and at 10 this point it's about 120 feet on a slope going up. 11 What was important to us, and this building is 12 permitted to be 14 stories by zoning, but what was 13 important to us, to make sure that it was a good 14 neighbor, and so -- 15 CHAIRMAN HOLLOWAY: If I can interrupt 16 you for a second. 17 What was the concern? You said some 18 people -- 19 MR. MARCHETTO: Well, there's a 20 residential -- there's a road up here, Paterson Plank 21 Road. 22 CHAIRMAN HOLLOWAY: It was a 23 residence? 24 MR. MARCHETTO: It was. Residents who 25 lived behind Paterson Plank Road were concerned that 80 1 if the building goes up here, that when they're 2 driving back and forth, as they're driving up 3 Paterson Plank Road -- you know, right now if you 4 look, if you're driving northward and you look to the 5 right, you can see New York City and the skyline. 6 There was a concern that that building would block 7 their view, so being, being a good neighbor, my 8 client agreed to work with the neighbors and bring 9 the height of the building down so that the top of 10 the building never exceeds the height of the roadbed 11 in the Palisades. 12 Going back to the environmental issue about 13 saving on automobile use, this building, in order to 14 provide a nice look and an environmentally friendly 15 drainage condition, has a complete green roof on the 16 top of the building, which is like a park. The top 17 of the building will actually have grass and plants 18 and shrubs, and what that is designed to do, is to 19 keep the air-conditioning costs low. It actually 20 provides a water detention system. When it rains on 21 this building it takes a while for the grounds up on 22 the roof to absorb the water and slowly let it down 23 into the sewer system so that there's no surge, so it 24 avoids the need for a storm water detention basin, 25 which is normally what we do, below the building. 81 1 The North Hudson Sewerage Authority has jurisdiction 2 on the sewers here, normally requires in this area 3 that we have a detention system below the building. 4 CHAIRMAN HOLLOWAY: Can I ask a 5 question? 6 The weight of different trees and the water 7 that's not seeping fast enough -- 8 MR. MARCHETTO: Yes. 9 CHAIRMAN HOLLOWAY: -- that's gonna' 10 hold? 11 MR. MARCHETTO: Oh, yeah. This is a 12 concrete structure. It's being built as a reinforced 13 concrete structure, and the roof, which is another 14 flat plate of concrete, will be designed to carry the 15 live load as well as the dead load. The live load 16 being any kind of activity being placed upon it, but 17 to tell you the truth, it's not even the dead load 18 that provides the requirement for loading, it's 19 actually the live load, because this building is 20 designed to have people come up and use the roof as