Chairman Rushabh Mehta called the meeting to order at approximately 7:20 p.m. The planning board attorney Arthur Glatman read the open public meeting compliance statement. Notice of the meeting was published in the Jersey Journal and sent to municipal clerk and county clerk. Roll Call The planning board secretary Stephen Marks read the roll call. Commissioner Avagliano: "Present" Commissioner Bettinger: "Present" Commissioner Choffo: (Not Present) Commissioner Dublin: (Not Present) Commissioner Fitzgibbons: "Present" Commissioner Holloway: "Present" Commissioner Jasek: "Present" Commissioner Liggio: "Present" Chairman Mehta: "Present" The board and those present conducted the flag salute. Adoption of Minutes from November 14, 2004 Arthur Glatman recommended that a word on Page 31, line 8 be changed to "distributed". Commissioner Avagliano motion to accept the minutes with Mr. Glatman's change. Commissioner Fitzgibbons seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Chairman Mehta asked if anyone from the public would like to speak or make comments. Memorialization of resolutions approved at November 2004 meeting Chairman Mehta read the applications to be memorialized from the last meeting: SP-50-04 Lane Acquisition Northeast, LLC 7601 River Road North Bergen, NJ SP-91-04 300-302 Mountain Rd. Dev., LLC 300-302 Mountain Rd. Union City, NJ SP-98-04 Sprint Spectrum, L.P. 2102-2106 JFK Blvd. Union City, NJ SP/SD-105-04 Mulock Properties, LLC Mulock Pl. & President St. East Newark, NJ Commissioner Avagliano made a motion to memorialize the resolutions. Commissioner Bettinger seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Applications declared to be exempt Chairman Mehta stated the applications which were declared to be exempt : SD-110-04, 201 Chapel Ave. Chapel Ave. and Ludlow St. Jersey City, NJ Commissioner Avagliano made a motion to declare the application exempt. Commissioner Holloway seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Site Plans and Subdivisions Chairman Mehta opening the hearing on the first application: SP-63-04 Vineland Construction Co. (Walmart) 1215 & 1216 Harrison Ave. Kearny, NJ. Scott Scroviero introduced himself as the attorney for the client. He said the client had received a comment letter dated November 2004 from the county's consulting engineers. The clients had a meeting at the New Jersey Meadowlands Commission and addressed the outstanding issues. Matthew Rutt was introduced by the attorney and sworn in. He is a professional engineer with the firm of Bohler engineering. He presented his qualifications. He graduated from Lafayette College in 1997. He has appeared before many boards before. Mr. Rutt stated that he had gone through two rounds of review letters. The most recent was from November 24th and addressed the county's concerns. The proposed Walmart would be a 160,000 square foot retail store on Harrison Avenue in Kearny. The applicant had designated four "pods" or our parcels with 30,000 square feet of retail space which were not part of the application. The site had three access points onto the county road with a full movement signalized intersection at Bergen Avenue. Mr. Rutt stated that the subdivision had received the approval of the New Jersey Meadowlands Commission and the Town of Kearny to merge the parcels into 3 lots on 27 acres. The latest sheet was dated October 25, 2004. However, the site plans are pending local approvals. Commissioner Jasek said he had a few comments from the meeting at the Meadowlands Commission held on December 9, 2004 which the applicants agreed to comply with. He had three conditions: First, The applicant must contribute to the traffic light at Schuyler and Bergen Avenues. The existing traffic light needs to be modified. Second, There will be no additional driveways for the out parcels. Three, the applicant or his successors must maintain the drainage facilities. The attorney acknowledged the conditions. He said Mr. Rogers was prepared to undertake a traffic study for the left turn signal which should improve conditions. The conditions were acceptable to the applicant. Chairman Mehta stated that the applicant must get local approvals for the site plans. Commissioner Fitzgibbons stated that he was prepared to vote in favor of the application as long as the applicants complied with the conditions of the county engineer. He then made a motion to approve the application. Commissioner Jasek seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Mr. Marks then stated that it was an oversight that the applicants had filed a site plan application, but had not submitted a subdivision application at the same time. Thus, SD- 114-04 was Vineland Construction's application for a subdivision for the project. Mr. Rutt stated that the subdivision was a consolidation of 3 lots on a 27 acre tract. There were numerous parcels. The applicant was proposing to consolidate the parcels into 1 tract and redivide into 3 lots of 4.7 acres, 3 acres and 19.3 acres. The Town of Kearny had already approved the matter. Commissioner Jasek made a motion to approve the application. Commissioner Bettinger seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Chairman Mehta called the third application SD-108-04 Port Imperial South, LLC in Weehawken. Joseph Daly introduced himself as an attorney with the firm of Weiner and Lesniak the attorneys for the applicant. He introduced Joseph Gurkovich from Roseland Properties to discuss the matter. Mr. Gurkovich was sworn in by board attorney Arthur Glatman. Mr. Gurkovich said that the project already received the approval of the Weehawken Planning Board. The site spans from south of the Pershing Road bridge to the West New York line. The site is 93 acres. Roseland proposes to subdivide 5 existing lots into 17 new lots. Commissioner Jasek asked Mr. Gurkovich to point out the 5 existing lots and the 18 new lots in relation to River Road. Commissioner Jasek then asked who will own the roadway. Mr. Gurkovich responded that Port Imperial, LLC will own the roadway. The development is the site of the 2,400 car parking lot near the light rail station. Chairman Mehta asked if the development will have the Hudson River waterfront walkway. Mr. Gurkovich responded that the development would have a riverwalk as well as a series of internal sidewalks for pedestrian circulation. Roseland was working on the site plan which is expected to be complete by the summer 2005. The site will have a 60 to 65 foot wide linear park. Commissioner Bettinger made the motion to approve the application. Commissioner Holloway seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Adoption of amendments to the planning board bylaws Mr. Marks stated that the bylaws were revised and updated to reflect changes in the administrative structure of county government. He also reported that the authority of the site plan and subdivision review committee was refined. And, the amendments codify the planning board's decision to dismiss applications in which the applicants fail to appear two times. The Board introduced and seconded the new bylaws as a whole. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Public Hearing for State Plan Chairman Mehta then opened the public hearing on the New Jersey Development and Redevelopment Plan. Stephen Marks explained that the State Planning Commission was updating the State Plan. The State Plan lists numerous policies and objectives which affect state regulations and development. He said that with the exception of the N.J. Meadowlands District that all of Hudson County was in planning area one which permits development and redevelopment. The commissioners had various questions and comments on the state plan. Commissioner Avagliano said that she had attended meetings on the State Plan and it was very important for Hudson County. Chairman Mehta closed the public hearing. Meeting Calendar Chairman Mehta asked if the meeting schedule was adjusted to avoid any conflicts with religious holidays and the League of Municipalities conference in November. Mr. Marks said it was. Commissioner Fitzgibbons made a motion to approve the 2005 meeting schedule. Commissioner Avagliano seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Introduction of Open Space Plan Stephen Marks stated that the county had proposed a ballot initiative creating an Open Space Trust Fund which was approved by 2/3 of Hudson County voters during the general election in November 2003. He said the Freeholder Board had approved a policy and program statement for the Trust Fund and appointed an Advisory Board for the trust fund. Finally, the county had drafted an Open Space and Historic Preservation Plan which needed the approval of the planning board before it gets sent to the Freeholder Board for enactment. The county needed a motion to introduce the plan for public comment. Commissioner Fitzgibbons said more open space was sorely needed in a county as densely packed as Hudson County. Commissioner Bettinger made a motion to introduce the Open Space plan. Commissioner Fitzgibbons seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Introduction of Waterfront Walkway Plan Stephen Marks stated that the County had received a smart growth grant from the State to prepare a plan to complete the Hudson River waterfront walkway. The County hired professional planning consultants to create an inventory of every parcel along the waterfront from the Bayonne Bridge to the Bergen County border. Heyer Gruel and Associates identified all of the gap sites and made recommendations for the operation and maintenance of the riverwalk as a seamless linear park. The Division of Planning established a 60 public comment period which expires on December 31, 2004. However, given the holidays the County has received numerous requests to extend the public comment period until February. Chairman Mehta stated that the waterfront walkway was a requirement of the DEP and was already being implemented by developers and the municipalities. Mr. Marks responded that the waterfront walkway guidelines recommend standards for development projects but do not require a set standard. Therefore, the walkway may vary drastically from one parcel to another and from Town 'A' to Town 'B'. The plan recommends a standard design for a seamless linear park experience. Commissioner Fitzgibbons motioned to introduce the draft plan for planning board consideration. Commissioner Avagliano seconded the motion. Stephen Marks called the roll call: Commissioner Avagliano: "Aye" Commissioner Bettinger: "Aye" Commissioner Fitzgibbons: "Aye" Commissioner Holloway: "Aye" Commissioner Jasek: "Aye" Commissioner Liggio: "Aye" Chairman Mehta: "Aye" Stephen Marks reported that the motion passed. Commissioner Avagliano motioned to adjourn at 8:50 p.m. Commissioner Fitzgibbons seconded the motion which was passed by unanimous acclamation.