- 1 - 1 HUDSON COUNTY PLANNING BOARD 2 RE: ) 3 MONTHLY MEETING ) TRANSCRIPT OF ) PROCEEDINGS: 4 ) - - - - - - - - - - - - - ) 5 Hudson County Administration Building, Freeholders Chambers 6 567 Pavonia Avenue, Third Floor Jersey City, New Jersey 7 Wednesday, December 20, 2006 6:30 p.m. 8 BEFORE: 9 RENEE BETTINGER, Chairwoman 10 DANIEL CHOFFO, Vice-Chair 11 MARY AVAGLIANO, Commissioner 12 JUDE FITZGIBBONS, Commissioner 13 MICHAEL A. HOLLOWAY, Commissioner 14 BORIVOJ JASEK, PE, PP, Commissioner 15 KENNEDY NG, Commissioner 16 17 ALSO PRESENT: 18 THOMAS CALVANICO, ESQ., Board Attorney 19 STEPHEN MARKS, PP AICP, Director of 20 Division of Planning 21 22 Reported By: 23 Mark Weinberg 24 25 - 2 - 1 Hudson County Planning Board - 12/20/06 2 CHAIRWOMAN BETTINGER: Good evening. 3 I'd like to call to order the meeting of the 4 Hudson County Planning Board. But before we 5 start tonight's meeting, I'd just like to wish 6 everyone on behalf of the Planning Board and 7 happy and healthy holiday season and the best 8 of everything for the New Year. Counselor, 9 has this meeting been properly advertised? 10 MR. CALVANICO: Yes, Madam Chair. 11 The meeting was properly advertised in 12 accordance with the New Jersey Open Public 13 Meetings Act. 14 CHAIRWOMAN BETTINGER: Thank you. 15 Mr. Secretary, may I have a roll call? 16 MR. MARKS: Commissioner Avagliano? 17 COMMISSIONER AVAGLIANO: Here. 18 MR. MARKS: Commissioner Choffo? 19 COMMISSIONER CHOFFO: Here. 20 MR. MARKS: Commissioner DiDomenico? 21 Is not present. Commissioner Dublin? Is not 22 present. Commissioner Fitzgibbons? 23 COMMISSIONER FITZGIBBONS: Here. 24 MR. MARKS: Commissioner Holloway? 25 COMMISSIONER HOLLOWAY: Here. - 3 - 1 Hudson County Planning Board - 12/20/06 2 MR. MARKS: Commissioner Jasek? 3 COMMISSIONER JASEK: Present. 4 MR. MARKS: Commissioner Mehta? Is 5 not present. Commissioner NG? 6 COMMISSIONER NG: Here. 7 MR. MARKS: Chairwoman Bettinger? 8 CHAIRWOMAN BETTINGER: Here. 9 MR. MARKS: Madam Chair, we have a 10 quorum. 11 CHAIRWOMAN BETTINGER: Thank you, 12 Mr. Marks. Will everyone please rise to 13 salute the flag? 14 (Pledge of Allegiance) 15 CHAIRWOMAN BETTINGER: Did all the 16 commissioners receive the minutes of October 17 18th, 2006? Okay. Do I have a motion -- 18 motion to accept? 19 COMMISSIONER AVAGLIANO: I move. 20 COMMISSIONER HOLLOWAY: Second it. 21 MR. MARKS: Madam Chair, the motion 22 to accept the minutes from October 18th, 2006 23 made by Commissioner Avagliano, seconded by 24 Commissioner Holloway. Commissioner 25 Avagliano? - 4 - 1 Hudson County Planning Board - 12/20/06 2 COMMISSIONER AVAGLIANO: Aye. 3 MR. MARKS: Commissioner Choffo? 4 COMMISSIONER CHOFFO: Aye. 5 MR. MARKS: Commissioner 6 Fitzgibbons? 7 COMMISSIONER FITZGIBBONS: Aye. 8 MR. MARKS: Commissioner Holloway? 9 COMMISSIONER HOLLOWAY: Aye. 10 MR. MARKS: Commissioner Jasek? 11 COMMISSIONER JASEK: Aye. 12 MR. MARKS: Commissioner NG? 13 COMMISSIONER NG: Aye. 14 MR. MARKS: Chairwoman Bettinger? 15 CHAIRWOMAN BETTINGER: Aye. 16 MR. MARKS: Madam Chair, the motion 17 passed. 18 CHAIRWOMAN BETTINGER: First item on 19 this evening's agenda is the memorialization 20 of resolutions approved at last meeting. 21 MR. MARKS: Madam Chair, the 22 applications to be memorialized this evening 23 are SP-73-06, Daibes Gas 19, LLC, located at 24 1505 Kennedy Boulevard in Jersey City, 25 Application SP-84-06, K. Hovnanian at Hudson - 5 - 1 Hudson County Planning Board - 12/20/06 2 Pointe, LLC, located 7200 River Road, North 3 Bergen and Application SP-92-06, NY SMSA d/b/a 4 Verizon Wireless, located 700-710 North 4th 5 Street, a/k/a Frank E. Rogers Boulevard in 6 East Newark, New Jersey. 7 CHAIRWOMAN BETTINGER: Do I have a 8 motion to memorialize the resolutions? 9 COMMISSIONER AVAGLIANO: Motion to 10 accept. 11 COMMISSIONER NG: I make a motion. 12 COMMISSIONER CHOFFO: Second. 13 MR. MARKS: Madam Chair, on a motion 14 to accept the memorialized resolutions made by 15 Commissioner NG and seconded by Commissioner 16 Choffo, Commissioner Avagliano? 17 COMMISSIONER AVAGLIANO: Aye. 18 MR. MARKS: Commissioner Choffo? 19 COMMISSIONER CHOFFO: Aye. 20 MR. MARKS: Commissioner 21 Fitzgibbons? 22 COMMISSIONER FITZGIBBONS: Abstain. 23 MR. MARKS: Commissioner Holloway? 24 COMMISSIONER HOLLOWAY: Aye. 25 MR. MARKS: Commissioner Jasek? - 6 - 1 Hudson County Planning Board - 12/20/06 2 COMMISSIONER JASEK: Aye. 3 MR. MARKS: Commissioner NG? 4 COMMISSIONER NG: Aye. 5 MR. MARKS: Chairwoman Bettinger? 6 CHAIRWOMAN BETTINGER: I vote aye. 7 MR. MARKS: Madam Chair, the motion 8 passed. 9 MR. CALVANICO: Madam Chair, just so 10 that the record is clear, the agenda says 11 "resolutions approved at the last meeting." 12 It was the last meeting but it was not last 13 month. It was back in October. Last month's 14 meeting was canceled for lack of a quorum. So 15 I just wanted the record to reflect that. 16 CHAIRWOMAN BETTINGER: Thank you, 17 Mr. Calvanico. Okay, the next item are 18 applications declared to be exempt. 19 MR. MARKS: Madam Chair, the 20 applications to be declared exempt tonight 21 begin with SD-101-06, Mushroom Development, 22 LLC, located at 212-212 1/2 6th Street in 23 Jersey City, Application SD-104-06, Jersey 24 City Condo Holding Company, LLC, located at 25 238 Ogden Avenue in Jersey City and - 7 - 1 Hudson County Planning Board - 12/20/06 2 Application SP-105-06, NY SMSA d/b/a Verizon 3 Wireless, located at 55 Skillman Avenue in 4 Jersey City. 5 CHAIRWOMAN BETTINGER: Do I have a 6 motion? 7 COMMISSIONER HOLLOWAY: Motion. 8 COMMISSIONER FITZGIBBONS: Second. 9 MR. MARKS: Madam Chair, on a motion 10 made by Commissioner Holloway and seconded by 11 Commissioner Fitzgibbons, Commissioner 12 Avagliano? 13 COMMISSIONER AVAGLIANO: Aye. 14 MR. MARKS: Commissioner Choffo? 15 COMMISSIONER CHOFFO: Aye. 16 MR. MARKS: Commissioner 17 Fitzgibbons? 18 COMMISSIONER FITZGIBBONS: Aye. 19 MR. MARKS: Commissioner Holloway? 20 COMMISSIONER HOLLOWAY: Aye. 21 MR. MARKS: Commissioner Jasek? 22 COMMISSIONER JASEK: Aye. 23 MR. MARKS: Commissioner NG? 24 COMMISSIONER NG: Aye. 25 MR. MARKS: Chairwoman Bettinger? - 8 - 1 Hudson County Planning Board - 12/20/06 2 CHAIRWOMAN BETTINGER: Aye. 3 MR. MARKS: Madam Chair, the motion 4 passed. 5 CHAIRWOMAN BETTINGER: The first 6 application scheduled for public hearing, Mr. 7 Marks? 8 MR. MARKS: Madam Chair, the first 9 application this evening is a stormwater -- 10 Municipal Stormwater Management Plan. The 11 first one under this new program established 12 by the New Jersey Department of Environmental 13 Protection is for the town of Kearny. It is 14 to be approved -- conditionally approved or 15 rejected by County Planning Boards for each 16 municipality in New Jersey. And this evening 17 we have the Town of Kearny represented by 18 Neglia Engineering. 19 MR. POLYNIAK: Good evening. I'm 20 Greg Polyniak from Neglia Engineering at 34 21 Park Avenue, Lyndhurst, New Jersey. I'm a 22 professional engineer and professional planner 23 in the State of New Jersey. And we aided the 24 town of Kearny to prepare their Municipal 25 Stormwater Management Plan as part of the DEP - 9 - 1 Hudson County Planning Board - 12/20/06 2 requirements which were implemented -- 3 CHAIRWOMAN BETTINGER: Before you 4 continue, does he need to be sworn in, 5 Counselor? 6 MR. CALVANICO: He'll be testifying, 7 right? 8 G R E G P O L Y N I A K, having been first 9 duly sworn according to law, testified as 10 follows: 11 CHAIRWOMAN BETTINGER: Has he ever 12 appeared -- have you ever appeared before this 13 Board before? 14 MR. POLYNIAK: Yes, I have. 15 CHAIRWOMAN BETTINGER: Okay. Thank 16 you. 17 MR. POLYNIAK: In 2004, the DEP 18 created the Municipal Storm water Management 19 Program. It included three components. The 20 first was the Storm water Pollution Prevention 21 Plan. The second is the Storm water Control 22 Ordinance. And the third is the Municipal 23 Stormwater Management Plan which is up for 24 review tonight. The Municipal Stormwater 25 Management Plan is an element of the master - 10 - 1 Hudson County Planning Board - 12/20/06 2 plan for the town of Kearny and provides 3 strategies to address stormwater related 4 impacts. There are nine sections within the 5 plan itself. I guess what I can do is give a 6 brief description of each of the nine 7 sections. 8 The first is the introduction 9 section which describes why the plan was 10 created, what the plan addresses and discusses 11 the other sections very briefly within the 12 plan itself. 13 The second section is the goal 14 section. It lists nine goals. Most of the 15 goals are accomplished through the 16 implementation of ordinance -- or the adoption 17 of ordinances in the municipality which 18 included six pet waste elicit connection, 19 litter control, improper disposal of waste, 20 yard waste and wildlife feeding. And in 21 addition to that ordinance, there was a storm 22 water control ordinance adopted by the town of 23 Kearny. 24 The third section is a description 25 of the stormwater cycle itself, the hydrologic - 11 - 1 Hudson County Planning Board - 12/20/06 2 cycle which basically explains that as the 3 sites developed what occurs is there's 4 additional stormwater runoff from the site. 5 It decreases water quality and decreases 6 ground recharge which then negatively impacts 7 water courses within any municipality within 8 the state. 9 The fourth section is a background 10 section. It provides general information 11 about the town itself. It provides statistics 12 information about population, number of 13 residences and how the census over time -- how 14 the population and the number of residences 15 has changed. It also discusses public sewers, 16 the water system, wells, water bodies and 17 pollutants within water courses itself. What 18 is on our easel tonight is a plan that 19 illustrates the combined sewer system 20 locations and also -- 21 CHAIRWOMAN BETTINGER: Speak into 22 the microphone. 23 MR. POLYNIAK: The combined sewer 24 systems within the municipality and also the 25 separated sewer systems within the - 12 - 1 Hudson County Planning Board - 12/20/06 2 municipality and also shows the combined sewer 3 overflow points. As you can see, the shaded 4 areas are the areas within the town of Kearny 5 which have been separated with storm sewers 6 and sanitary sewers instead of having the one 7 combined sewer within the municipality. 8 CHAIRWOMAN BETTINGER: For the 9 record, can you please mark the drawing that 10 you're referring to -- for the record? 11 MR. CALVANICO: Has this been 12 submitted to the Board as part of the package? 13 MR. POLYNIAK: It has not been 14 submitted to the Board as part of the package. 15 It was a request by the Board's engineer to be 16 included in a subsequent submittal as a 17 condition of approval. We wanted to present 18 this drawing to the Board tonight, though. 19 CHAIRWOMAN BETTINGER: Thank you. 20 MR. CALVANICO: Do you have it 21 identified as some numbers or -- 22 MR. POLYNIAK: Sure. It's Sheet 1 23 of 1, the combined sewer overflow mapping 24 figure. The fifth section within the report 25 discusses design and performance standards. - 13 - 1 Hudson County Planning Board - 12/20/06 2 It basically mentions that the stormwater 3 control ordinance has been adopted by the town 4 of Kearny and addresses the design and 5 performance standards as they relate to 6 stormwater related impacts within the town. 7 After any approval at any level during 8 construction, the town inspectors and town 9 engineer will inspect and insure compliance 10 with respect to what has been approved and the 11 ordinance itself. 12 The sixth section discusses plan 13 consistency. The town is located within New 14 Jersey Meadowlands Commission and there is a 15 flood plain management portion of their code 16 which Kearny must follow. Also, the plan has 17 to be consistent with any other regional plans 18 that are adopted, SES regulations and the 19 residential site improvement standards within 20 the state. 21 The following section is a non- 22 structural stormwater management strategy 23 which is a review of the town ordinances and 24 also the town's master plans and 25 recommendations for ordinance revisions that - 14 - 1 Hudson County Planning Board - 12/20/06 2 the town can adopt or does not have to adopt 3 for DEP standards. They're only 4 recommendations and at this point in time, the 5 town is reviewing the ordinances as proposed 6 within the Municipal Stormwater Management 7 Plan and they're up for consideration. 8 Section 8 is the land use section. 9 It discusses build out analysis for the town 10 itself. For the DEP regulations, there isn't 11 sufficient developable area under Kearny's 12 jurisdiction; that means, outside the NJMC 13 area which is an area greater than one square 14 mile. So a build-out analysis is not required 15 as part of the plan and that's listed within 16 the plan itself. 17 The final section, and most 18 important section, is the mitigation plan and 19 it provides the town the ability to grant 20 variances from the adopted stormwater control 21 ordinance. If a component as part of a 22 development can't satisfy a section within the 23 ordinance -- and as an example it would be if 24 an applicant couldn't satisfy recharge 25 components on a portion on a proposed - 15 - 1 Hudson County Planning Board - 12/20/06 2 development, they would take on a town project 3 and perform a project on that property to 4 enhance recharge on that town property. 5 We've just -- that concludes my 6 testimony relative to the report itself but 7 we've received a review letter from the Board 8 engineer at T&M Associates and it listed four 9 items that they ask for revision as part of a 10 resubmittal. The first was the map which 11 we've presented tonight and will forward as 12 part of any resubmission to the Board 13 engineer. The second was discussing any 14 regional stormwater management plans and we 15 testified on the record and can revise 16 texturally in the report that item. The final 17 item was testimony as it related to any 18 ordinances to be revised or readopted. We've 19 testified that the ordinances are under review 20 per DEP regs. They do not all have to be 21 adopted or none of them have to be adopted. 22 The final item is a portion of the 23 town is located in the Meadowlands district. 24 The Board engineer has requested a map 25 illustrating what section is located within - 16 - 1 Hudson County Planning Board - 12/20/06 2 that district and we'd be glad to include that 3 as part of any revised submission. 4 CHAIRWOMAN BETTINGER: Do the 5 engineers have any comments? 6 MS. SANTOS: Good evening. My name 7 is Rose Santos. I'm with T&M Associates. We 8 are serving as the County's engineer. As 9 indicated by Mr. Polyniak, we did receive his 10 plan -- adopted plan and stormwater control 11 ordinance and we reviewed it utilizing an 12 NJDEP provided review checklist. Based on 13 that checklist, we prepared a letter of 14 recommendation with some minor comments and we 15 recommended that the County issue a 16 conditional approval based on that they 17 address these comments and then resubmit the 18 plan and ordinance for final approval. So, 19 there's no comments. 20 CHAIRWOMAN BETTINGER: Do the 21 commissioners have any comments? 22 COMMISSIONER JASEK: Yes, Madam 23 Chair. What was the involvement of an input 24 from KMUA, do you know? 25 MR. POLYNIAK: With the KMUA we - 17 - 1 Hudson County Planning Board - 12/20/06 2 acquired their mapping as it relates to 3 combined sewer overflows, the combined sewer 4 system and also any sewer separated systems to 5 prepare this map as shown. 6 COMMISSIONER JASEK: I'm asking that 7 because, as you know, they operate a huge 8 combined system which really have an impact on 9 all these what you are trying to do. 10 MS. SANTOS: If I may, the reason 11 why we had asked a map be indicated or be 12 provided showing the combined sewer system 13 versus the municipal stormwater system is 14 under the NJDEP standards, any area that's a 15 combined sewer system can be excluded from the 16 stormwater requirements since they are 17 designated or they follow separate 18 regulations. 19 MR. JASEK: Okay. All right. Thank 20 you. 21 CHAIRWOMAN BETTINGER: Any other 22 comments? No? Okay. Do I have a motion? 23 MR. CHOFFO: I'll make a motion. 24 MR. MARKS: Madam Chair, before the 25 motion is made, if I could just ask Rose one - 18 - 1 Hudson County Planning Board - 12/20/06 2 question. T&M had recommended a conditional 3 approval but Neglia had provided the -- was it 4 all the information or some of the information 5 that was requested? 6 MS. SANTOS: I think in the meantime 7 since they received our letter, they've been 8 addressing our comments but we have not 9 received revised either the plan or the 10 ordinance. So we would need to get those 11 copies before we would recommend approval. 12 MR. MARKS: Okay. So it would still 13 be for a conditional approval, basically? 14 MS. SANTOS: And they have a hundred 15 and eighty days from receipt of our letter to 16 address those comments. 17 CHAIRWOMAN BETTINGER: Do I have a 18 motion for a conditional approval? 19 COMMISSIONER CHOFFO: I'll make a 20 motion. 21 COMMISSIONER HOLLOWAY: Second it. 22 MR. MARKS: Madam Chair, on a motion 23 to conditionally approve the town of Kearny's 24 Municipal Stormwater Management Plan made by 25 Commissioner Choffo and seconded by - 19 - 1 Hudson County Planning Board - 12/20/06 2 Commissioner Holloway, Commissioner Avagliano? 3 COMMISSIONER AVAGLIANO: I vote aye. 4 MR. MARKS: Commissioner Choffo? 5 COMMISSIONER CHOFFO: Aye. 6 MR. MARKS: Commissioner 7 Fitzgibbons? 8 COMMISSIONER FITZGIBBONS: Aye. 9 MR. MARKS: Commissioner Holloway? 10 COMMISSIONER HOLLOWAY: Aye. 11 MR. MARKS: Commissioner Jasek? 12 COMMISSIONER JASEK: Aye. 13 MR. MARKS: Commissioner NG? 14 COMMISSIONER NG: Aye. 15 MR. MARKS: Chairwoman Bettinger? 16 CHAIRWOMAN BETTINGER: Aye. Thank 17 you very much. 18 MR. POLYNIAK: Thank you. 19 MS. SANTOS: Thank you. 20 MR. MARKS: Madam Chair, one of the 21 applicants this evening had a scheduling 22 conflict and had asked that the Board consider 23 moving his application up. That is 24 Application SP/SD-106-06, 214 Hancock 25 Properties, Inc., located at 3721 Bergen - 20 - 1 Hudson County Planning Board - 12/20/06 2 Turnpike in North Bergen. 3 CHAIRWOMAN BETTINGER: Thank you. 4 MR. ALONZO: Thank you. Good 5 evening. Madam Chair, members of the Board, 6 for the record, Alvaro Alonzo from the firm 7 Alonzo and Everett. On behalf of the 8 applicant, I thank the Board for the 9 courtesies in moving my application up. 10 This is an application that was 11 approved by the North Bergen Planning Board 12 and memorialized in a resolution on November 13 30th, 2005 for the subdivision of an existing 14 lot for the construction of two two-family 15 houses on Bergen Turnpike. Bergen Turnpike is 16 a County road. We are proposing two curb 17 cuts, one for each house and because of the 18 increase in impervious coverage, we are 19 proposing two seepage pits, one on each lot. 20 That has already been approved also by the 21 town engineer, Boswell Engineering. 22 I have one witness this evening 23 who's here, the architect, if the Board has 24 any specific questions but other than that I 25 don't believe there are any issues that affect - 21 - 1 Hudson County Planning Board - 12/20/06 2 the County. Orestes Valella? 3 MR. CALVANICO: State your name and 4 your affiliation just for the record? 5 MR. VALELLA: Certainly. My name is 6 Orestes Valella. I'm a registered architect 7 in the states of New York, New Jersey and 8 Connecticut. And my professional offices are 9 at 225 62nd Street in West New York, New 10 Jersey. 11 O R E S T E S V A L E L L A, having been 12 first duly sworn according to law, testified 13 as follows: 14 MR. ALONZO: Mr. Valella, you're the 15 architect that prepared the site plan in 16 connection with this application? 17 MR. VALELLA: Yes. 18 MR. ALONZO: Okay. Can you please 19 review with the Board the issues related to 20 the curb cut as well as where the seepage pits 21 are shown? 22 MR. VALELLA: Certainly. As counsel 23 mentioned, these documents were approved by 24 the North Bergen Planning Board and also by 25 Boswell engineers upon their review. - 22 - 1 Hudson County Planning Board - 12/20/06 2 Basically, we have a lot that's approximately 3 sixty by a hundred and which we are 4 subdividing and proposing two two-family 5 homes. They are fronting on Bergen Turnpike 6 with two curb cuts, one is sixteen feet wide 7 and one is fourteen feet wide. And those are 8 accessing Bergen. 9 The storm waters and all the runoff 10 from the property are handled via two seepage 11 pits that are in the rear yard, a thousand 12 gallons a piece, and again, all those 13 documents were reviewed with Boswell and we've 14 obtained their consent. 15 MR. ALONZO: I have no further 16 questions but you need to support this -- 17 inadvertently, somebody -- we forgot that this 18 Bergen Turnpike was a County road. North 19 Bergen issued the building permits. 20 Construction has begun on the property. There 21 is a stop order -- 22 MR. MARKS: Madam Chair? Madam 23 Chair, the notice was properly advertised for 24 the site plan number but if you're looking at 25 the correspondence, the completeness letter, - 23 - 1 Hudson County Planning Board - 12/20/06 2 there is a typo. The application referenced 3 in the completeness letter is 109-06. It 4 should be 106-06. And there's also attached 5 to the correspondence -- there is a memorandum 6 issued by Demetrio Arencibia, the assistant 7 County engineer, asking that the applicant 8 make certain revisions to the application of 9 the site plans. Maybe the attorney could 10 address those? 11 MR. CALVANICO: I did not receive 12 the report. 13 MR. MARKS: Okay. Maybe I could 14 read it into the record, Madam Chair? 15 CHAIRWOMAN BETTINGER: Please, Mr. 16 Marks. 17 MR. MARKS: Okay. Basically, three 18 items. The plans do not show new curbs and 19 sidewalks. The owner should replace and 20 provide details. The site plans should show 21 road openings for utilities and the site plan 22 should show drainage connections from the 23 site. It's very straightforward. 24 MR. VALELLA: Yes. We've received a 25 copy of that correspondence in my office and - 24 - 1 Hudson County Planning Board - 12/20/06 2 we have updated our documents to reflect that 3 information. We have some eleven by 4 seventeens, if you wish, for the record but 5 those items have been incorporated in the 6 documents. 7 CHAIRWOMAN BETTINGER: Commissioner 8 Jasek, do you have any -- 9 COMMISSIONER JASEK: I haven't seen 10 the -- 11 CHAIRWOMAN BETTINGER: -- comments? 12 COMMISSIONER JACEK: I haven't seen 13 those plans. If is it available, I would like 14 to look at it. 15 COMMISSIONER CHOFFO: Madam Chair, I 16 have a question. 17 CHAIRWOMAN BETTINGER: Yes. 18 COMMISSIONER CHOFFO: Mr. Alonzo, 19 were the seepage pits a requirement of the 20 Township of North Bergen? 21 MR. VALELLA: Yes. They recommended 22 that we take care of all the stormwater within 23 the property. 24 COMMISSIONER CHOFFO: So your 25 original plans didn't reflect that and that - 25 - 1 Hudson County Planning Board - 12/20/06 2 was a requirement of North Bergen? 3 MR. VALELLA: Right. Right. They 4 wanted us -- the sewer goes to the street, the 5 eight inch clay line on the County road. But 6 the storm waters are handled on site. 7 COMMISSIONER FITZGIBBONS: I got a 8 question. Did the township ever notify you 9 that you had to get it approved from the 10 County? 11 MR. ALONZO: No. I think it was 12 just an oversight. I've been before this 13 Board on a number of occasions and once I know 14 that the impact the County in a way that 15 County obtains jurisdiction, I immediately 16 file an application. In this case, for 17 whatever reason, it was an oversight, whether 18 it was by my office or by the town in issuing 19 the permits. But as soon as we found out 20 about it, a stop order was issued and we 21 followed the NA application. 22 COMMISSIONER FITZGIBBONS: The stop 23 order was issued first and then that's how you 24 found out about it? 25 MR. ALONZO: That's how we found out - 26 - 1 Hudson County Planning Board - 12/20/06 2 about it, correct. 3 COMMISSIONER FITZGIBBONS: And a 4 construction official gave you all the permits 5 in order to do the delay? 6 MR. ALONZO: That's correct. 7 COMMISSIONER FITZGIBBONS: Well, I 8 think the construction official of the town 9 has to notify you that you're on a County road 10 and you need the permits. Am I right there, 11 Mr. Jasek? 12 COMMISSIONER JASEK: That's correct. 13 COMMISSIONER FITZGIBBONS: Well, no 14 fault of your own but as soon as you went in 15 there for those permits, they should have told 16 you, you got go see the County engineer. Get 17 those permits. 18 MR. ALONZO: Right. We understand 19 that and obviously we would have come here 20 first before construction. 21 COMMISSIONER JASEK: Madam Chairman, 22 I'm looking at -- very fast at these drawings. 23 Just one comment. The curb has to be nine by 24 eight by eighteen? You have some 25 discrepancies on that. - 27 - 1 Hudson County Planning Board - 12/20/06 2 MR. VALELLA: Nine by eight by 3 eighteen? 4 COMMISSIONER JASEK: By eighteen, 5 yes. It's a standard DOT curb which is the 6 standard recognized by the County. 7 MR. VALELLA: I have no problem 8 accepting that. 9 CHAIRWOMAN BETTINGER: I'm looking 10 at some photos that were taken by our special 11 projects manager and he cites that there's 12 some OSHA violations. The job site seems to 13 be unsafe. There's an unprotected deep 14 trench. 15 COMMISSIONER FITZGIBBONS: Yeah, but 16 that's up to the construction official. 17 MR. ALONZO: Madam Chair, I just 18 asked my client. He was never notified of any 19 OSHA violations. I don't know, was that as a 20 result of the stop order or -- I'm assuming as 21 a result of the stop order the conditions on 22 the property -- 23 CHAIRWOMAN BETTINGER: I guess when 24 our special projects manager went to evaluate 25 the site, these are some of the pictures and - 28 - 1 Hudson County Planning Board - 12/20/06 2 his comments that he made to the Board. 3 MR. ALONZO: Right. Unfortunately, 4 we couldn't continue work on the property and 5 they may have been existing conditions as a 6 result of the ongoing work. 7 MR. VALELLA: If I may, I would 8 volunteer to visit the site with my client and 9 point those out to him and those can be 10 remedied. Those, you know, if there are any 11 of those items, they should be remedied. 12 CHAIRWOMAN BETTINGER: Pictures 13 here -- 14 MR. VALELLA: Yeah -- no, I know 15 what you're referring to and I'd be happy to 16 do that tomorrow. 17 MR. ALONZO: Is that all right? 18 COMMISSIONER FITZGIBBONS: Is the 19 construction -- excuse me, is a construction 20 official overseeing this work? 21 MR. VALELLA: Well, normally, they 22 oversee and make all the inspections for all 23 the work, yes. 24 COMMISSIONER FITZGIBBONS: Well, if 25 there were problems, the construction official - 29 - 1 Hudson County Planning Board - 12/20/06 2 should have picked what's going on up there. 3 MR. VALELLA: He should have. Maybe 4 he -- they haven't gotten to the point where 5 they've called for inspections but I'd be 6 happy to take my client and point those out. 7 CHAIRWOMAN BETTINGER: There's also 8 reference to a retaining wall? 9 MR. ALONZO: That's correct. Did -- 10 actually, in the resolution that complied with 11 the Board. My client obligated himself to be 12 responsible for any damage to those two 13 retaining walls to actually, two adjacent 14 neighbors. That's part of the resolution from 15 the town. 16 COMMISSIONER HOLLOWAY: Madam Chair? 17 I have a question. Do you have that 18 resolution on you? 19 MR. ALONZO: Yes. I submitted it as 20 part of the application if -- may I -- 21 MR. CALVANICO: Is there an existing 22 retaining wall to where the property mounts? 23 MR. VALELLA: Yes, there is. On the 24 side of the property. 25 MR. CALVANICO: I'm sorry. On -- - 30 - 1 Hudson County Planning Board - 12/20/06 2 MR. VALELLA: On the side. 3 MR. CALVANICO: On one side? 4 MR. VALELLA: Yes. Facing the 5 property to the right. Could I get a copy of 6 those pictures so that I can do my thing 7 tomorrow. I'd like to -- 8 CHAIRWOMAN BETTINGER: Have a 9 copy -- 10 MR. MARKS: Madam Chair, I'll 11 provide him -- 12 CHAIRWOMAN BETTINGER: Thank you. 13 MR. MARKS: -- a copy. 14 CHAIRWOMAN BETTINGER: Have any 15 other comments or questions? No? 16 MR. VALELLA: Yeah. I see what 17 they're referring to. These pits should have 18 some -- I'll take care of that. 19 CHAIRWOMAN BETTINGER: Thank you. 20 MR. VALELLA: No problem. It's in 21 my interest. 22 CHAIRWOMAN BETTINGER: Do I have a 23 motion? 24 COMMISSIONER JASEK: I make the 25 motion. - 31 - 1 Hudson County Planning Board - 12/20/06 2 COMMISSIONER CHOFFO: I'll second 3 it. 4 MR. MARKS: Madam Chair, on a motion 5 to approve Application SP/SD-106-06 made by 6 Commissioner Jasek, seconded by Commissioner 7 Choffo, Commissioner Avagliano? 8 COMMISSIONER AVAGLIANO: I'll vote 9 aye providing all these necessary approvals 10 and trenches and dirt all be accepted by the 11 inspector. Will they be all inspected or have 12 they been changed? Have you noted? 13 MR. VALELLA: I have not -- I 14 haven't been retained to do any side 15 inspections but I always make it a priority 16 for safety on any of my jobs. Knowing that 17 these are open trenches, I will bring the 18 client with me tomorrow and inform him that 19 they need to be corrected and I will also 20 write a letter to the building inspector 21 alerting him that I've done so, so he can 22 follow up. 23 MR. MARKS: Madam Chair, if we could 24 be copied on that letter, I'd appreciate it. 25 MR. VALELLA: Be delighted to. - 32 - 1 Hudson County Planning Board - 12/20/06 2 MR. MARKS: Thank you. 3 MR. VALELLA: I'll go through 4 counsel. 5 MR. MARKS: Commissioner Choffo? 6 COMMISSIONER CHOFFO: Aye. 7 MR. MARKS: Commissioner 8 Fitzgibbons? 9 COMMISSIONER FITZGIBBONS: Aye. 10 MR. MARKS: Commissioner Holloway? 11 COMMISSIONER HOLLOWAY: Aye. 12 MR. MARKS: Commissioner Jasek? 13 COMMISSIONER JASEK: Aye. 14 MR. MARKS: Commissioner NG? 15 COMMISSIONER NG: Abstain. 16 MR. MARKS: Chairwoman Bettinger? 17 CHAIRWOMAN BETTINGER: I vote aye 18 providing that all the conditions are met and 19 we will send our special project manager to 20 verify that everything has been met. Okay? 21 Thank you. 22 MR. ALONZO: Thank you. Have a good 23 holiday. 24 CHAIRWOMAN BETTINGER: Mr. Marks, 25 our next application this evening? - 33 - 1 Hudson County Planning Board - 12/20/06 2 MR. MARKS: Madam Chair, the next 3 application is SP-53-06, SKR Realty, 4 LLC/Candlewood Suites, located at 279 Secaucus 5 Road in Secaucus. 6 CHAIRWOMAN BETTINGER: Good evening. 7 MR. FRIEDMAN: Good evening. Madam 8 Chair, Board members, my name is Jordan 9 Friedman. I'm an associate with the law firm 10 of Chasan Leyner and Lamparello, Secaucus, New 11 Jersey. We are representing the applicant 12 this evening. For your information, I do have 13 two experts here with me tonight, both 14 engineers, one to talk about a site plan, the 15 other to talk about traffic issues. They're 16 both at your disposal. This is my first time 17 appearing before this Board so in terms of 18 getting my experts qualified, I will do what I 19 normally do and if it's going on too long, 20 please cut me off. That being said, Dave 21 Beesley, Macdel Engineering. 22 MR. BEESLEY: Good evening. 23 CHAIRWOMAN BETTINGER: Good evening, 24 Mr. Beesley. 25 MR. FRIEDMAN: Please just state - 34 - 1 Hudson County Planning Board - 12/20/06 2 your name and spell your last name and provide 3 your affiliation for the record. 4 MR. BEESLEY: David Beesley, B-E-E- 5 S-L-E-Y, Macdel Engineering. 6 MR. CALVANICO: That's M-A-C-D-E-L? 7 MR. BEESLEY: Correct. 8 MR. CALVANICO: Okay. 9 D A V I D B E E S L E Y, having been first 10 duly sworn according to law, testified as 11 follows: 12 MR. BEESLEY: By way of background, 13 I'm a professional engineer. I prepared these 14 site plans. I've been before this Board 15 before and I've been accepted as an expert. 16 MR. BEESLEY: May I proceed? 17 CHAIRWOMAN BETTINGER: Please 18 proceed. Thank you. 19 MR. BEESLEY: Okay. We have 20 approximately a 2.3 acre piece of property. 21 It is on Secaucus Road. It's right near the 22 Turnpike. It formally -- there were two 23 houses on it with large back yards. It's 24 proposed for an eighty-two room Candlewood 25 Suites Hotel. This has been before the - 35 - 1 Hudson County Planning Board - 12/20/06 2 Meadowlands Commission. It is in a light 3 industrial B zone of the Meadowlands 4 Commission. We did receive site plan approval 5 from the Meadowlands Commission and then we 6 proceeded to talk to the County. We did have 7 meetings with the County. We had one in 8 December. There was a concern about the 9 location of an ingress/egress driveway. That 10 driveway was revised. The Meadowlands 11 Commission was part of that meeting. They 12 were aware of the change. The plans are back 13 being reviewed at the same time by the 14 Meadowlands Commission. 15 Before us tonight is a site plan 16 which addresses the concerns that the County 17 had for us. We had shifted the driveway -- 18 are you going to pick me up if I'm over here, 19 if I project enough. We aligned the 20 entrance/exit with the Old Secaucus Road. 21 CHAIRWOMAN BETTINGER: Maybe if we 22 can move the easel over so that you could -- 23 MR. BEESLEY: Sure. 24 CHAIRWOMAN BETTINGER: Thank you, 25 Mr. Beesley. - 36 - 1 Hudson County Planning Board - 12/20/06 2 MR. BEESLEY: Thank you. We had 3 moved the driveway over to line up with Old 4 Secaucus Road and right now there's 5 illustrated a traffic signal and that was, 6 again, comments from the County. There's 7 going to be some testimony later from the 8 traffic engineer regarding his review of the 9 need for a traffic signal, his opinion on the 10 traffic signal and whether or not the state 11 can approve a traffic signal in that location. 12 In terms of the site itself, we have 13 relatively small lot coverage of just under 14 fifteen percent. We have considerable amount 15 of open space, almost thirty-seven percent of 16 the site is open space under the Meadowlands 17 requirements. They only require fifteen 18 percent. We do comply with the setbacks. We 19 do comply with the parking. We exceed the 20 parking. The parking requirement is eighty- 21 two, that's one per room. We are providing a 22 hundred and one parking spaces. We have 23 modified the site to provide safe circulation. 24 We are providing storm water detention and 25 storm water quality as required. We are - 37 - 1 Hudson County Planning Board - 12/20/06 2 reducing the two ten and one hundred year 3 storms as required. We're also putting in a 4 storm septic unit to improve water quality. 5 That's on for the low flow storm. I'll just 6 point out in the front we have two basins. 7 They are interconnected with a pipe in between 8 them. It's a three-story building. We do 9 have some signage here that has all been 10 approved by the Meadowlands Commission. The 11 building itself is approximately thirty-four 12 feet tall. That's what we have. 13 CHAIRWOMAN BETTINGER: Do we have 14 any comments from Medina Engineering? 15 MR. REIMON: We have to see if the 16 second set of plans after the observations to 17 the location of the driveway if the applicant 18 show the driveway has been moved to across 19 from Old Secaucus Road -- 20 CHAIRWOMAN BETTINGER: Can you 21 please just state for the record your name and 22 the spelling? I'm sorry. 23 MR. REIMON: Yes. My name is Edwin 24 Reimon, R-E-I-M-O-N. I am with Medina 25 Consultants, 1100 Valley Brook Avenue, - 38 - 1 Hudson County Planning Board - 12/20/06 2 Lyndhurst. 3 CHAIRWOMAN BETTINGER: Thank you, 4 Edwin. 5 MR. REIMON: Yes. So the driveway 6 has been relocated across from Old Secaucus 7 Road. We are pleased with the location of the 8 driveway. We are pleased with the traffic 9 signal that has been provided and at this 10 point, we have a few comments that I believe 11 can be addressed very easily by the applicant. 12 One of the comments is that the guide rail 13 needs to be shown with a terminal at the 14 location of the driveway. We also would like 15 to have County road pavement details added to 16 the site plan. The applicant also should 17 provide additional escrow funding for the 18 reviews that has been done for the site. 19 Drainage. We've reviewed the 20 relocation of the facilities that they 21 provided to comply with the NJDEP storm water 22 management and is adequate. We also recommend 23 that the applicant submit a bond in the amount 24 of 175,000 dollars to cover the design and 25 construction of a traffic signal. And the - 39 - 1 Hudson County Planning Board - 12/20/06 2 bond should be in place for a minimum of three 3 years or five years that is subject to that 4 review by our attorney. 5 Also, the applicant should comply 6 with all the state and municipal permits and 7 approvals and the applicant also should 8 contact the New Jersey Turnpike Authority to 9 coordinate the easement that the turnpike has 10 next to Secaucus Road. That easement now is 11 going to be used for the new detention basin. 12 And that are all the comments that we have at 13 this time. 14 CHAIRWOMAN BETTINGER: Thank you. 15 MR. REIMON: You're welcome. 16 MR. BEESLEY: If I may, I would just 17 like to address the easement that was brought 18 up. There is an existing easement. It is 19 alongside of the roadway. The easement was 20 put into place when Secaucus Road was 21 relocated some thirty or forty years ago. And 22 that easement was to facilitate the 23 construction and allow for the drainage to 24 shed off of the side slope of the roadway. 25 That was the sole intent and purpose of that - 40 - 1 Hudson County Planning Board - 12/20/06 2 easement. There was also language in that 3 easement that said it could be dissolved. It 4 has never been dissolved but it could be. And 5 at some point we will seek to dissolve that 6 easement. 7 CHAIRWOMAN BETTINGER: Yes, go 8 ahead. 9 MR. FRIEDMAN: I just want to know 10 if anybody else has any questions for Mr. 11 Beesley. 12 COMMISSIONER FITZGIBBONS: At the 13 hotel, is it going to have a restaurant in it? 14 MR. BEESLEY: No, sir. There is not 15 a restaurant, there is no banquet facilities 16 and there's no meeting rooms. It is an 17 extended stay product. You tend to get these 18 when you bring in, say, a service person to 19 update your computers. They may stay there 20 for a month. There is an existing Candlewood 21 which Macdel Engineering had the privilege of 22 working with and it's in existence down in 23 Jersey City on Second Street. You're welcome 24 to go take a look at it. 25 CHAIRWOMAN BETTINGER: I have a note - 41 - 1 Hudson County Planning Board - 12/20/06 2 here from our special project manager. He 3 said that a fence was put up without a survey 4 along the adjoining property line. Is that 5 correct? 6 MR. FRIEDMAN: Is there a more 7 specific description of what kind of fence? 8 CHAIRWOMAN BETTINGER: I have some 9 pictures here which I can -- I'm not sure what 10 it's referring to. 11 MR. FRIEDMAN: May I approach and 12 see what the pictures are? 13 CHAIRWOMAN BETTINGER: Please. 14 While we're waiting, do we have any comments 15 from the public? 16 MS. ZAPOLUCH: Yeah. My name is 17 Deborah, DEBORAH -- 18 CHAIRWOMAN BETTINGER: Can you 19 please speak into the microphone? 20 MS. ZAPOLUCH: ZAPOLUCH. I live at 21 287 Secaucus Road next to the proposed 22 hotel/motel. My concerns with that fence -- 23 the surveyor that put it up I told him I 24 believe it was on my property. I was told not 25 to worry because one or two feet, what's the - 42 - 1 Hudson County Planning Board - 12/20/06 2 difference? Okay? But those one or two feet 3 are mine. Okay? I have -- my family and I 4 are in the process of retaining a surveyor 5 to -- because I feel now I can't trust these 6 people. Now, this -- were you in charge of 7 the original plans for the surveying? 8 MR. BEESLEY: Yes. 9 MS.ZAPOLUCH: Yes. Okay. Now I 10 just learned that recently and I would think 11 that a representative from him would have done 12 that fencing but, no. Okay? I went as far as 13 calling the state to see if this person that 14 put this fence up, okay, if he was certified 15 by the state. He is but I have my doubts. 16 Okay? Another thing I'm concerned with is the 17 drainage. I don't disrespect these engineers, 18 I respect their expertise but Secaucus Road -- 19 I'm living there twenty-five years. I don't 20 know if any of you are familiar with the 21 Penhorn Avenue but Secaucus Road was recently 22 closed for flooding. The water was over two 23 feet deep. Never in twenty-five years has 24 that happened. But it has happened since the 25 Indian temple was constructed. It makes me - 43 - 1 Hudson County Planning Board - 12/20/06 2 think that the proper guidelines and whatever 3 the plans were, were not followed for 4 drainage. So you may be giving these 5 wonderful plans that you have, but who's going 6 to make sure that these plans are followed? 7 They have been fined since they took the 8 property. They have been fined by the 9 Meadowlands Commission for illegal dumping. 10 They were recently given a stop work order by 11 the County. Okay? They have buried concrete 12 the size of that table. I learned that what's 13 permissible, I believe, is twelve by twelve. 14 Okay? The former owner had an inground pool 15 made completely of concrete. I personally 16 know the person he hired to -- when he decided 17 not to have it anymore they could not break it 18 up. So he filled it up with dirt. Okay? I 19 watched the excavator that was hired by this 20 property owner break his equipment just 21 recently. And I do not believe that pool was 22 broken up. Okay? There was a gas explosion 23 in Secaucus, if you recall, about a year ago, 24 two years ago where the house blew up. One of 25 the reasons were when that property was - 44 - 1 Hudson County Planning Board - 12/20/06 2 excavated they had boulders and concrete the 3 size of that and the gas got caught in a 4 pocket and that's why that house blew up. And 5 I'm extremely concerned, and I don't mean to 6 disrespect anyone like you, but who is going 7 to watch? Take a ride by there. It's 8 disgraceful the way the property looks right 9 now. There's been absolutely no maintenance. 10 CHAIRWOMAN BETTINGER: We have 11 pictures of it. 12 MS. ZAPOLUCH: I came out of my 13 house while they're excavating and I had to 14 see someone urinate. Okay? 15 COMMISSIONER NG: Did you call the 16 cops? 17 MS. ZAPOLUCH: Yeah. Well, I've 18 called the cops. I called the town. All 19 right? The town has told them several times. 20 They've just continued doing what they were 21 doing. They have purchased other property in 22 the area with dumping everything from the 23 other properties there. It's a complete mess. 24 I live there. And I've paid taxes for twenty- 25 five years. And when I was at the Meadowlands - 45 - 1 Hudson County Planning Board - 12/20/06 2 Commission meeting -- which I didn't know -- 3 now it's a complete turnaround as far as what 4 this hotel is going to be -- they wanted to 5 have a short term, a long term. But that 6 could be up to one year. And then what is it 7 going to be now? A glorified hotel? 8 The traffic? Last time I called the 9 County was August 28th. I've been asking for 10 their assistance in regard to the speeding in 11 that area. I'm suffering because my family 12 has been involved in two accidents and I'm 13 paying the insurance. I have to enter the 14 flow of traffic. All right? They are going 15 in excess of fifty miles per hour in a twenty- 16 five mile per hour zone. 17 But my main concern is -- I can't 18 stop what's going to happen but I want to know 19 who is going to be accountable that the 20 guidelines and the proper procedures will be 21 followed. Because obviously these people -- 22 if the County just recently issued a stop work 23 order and I saw the photos that the 24 representative took before and after, none of 25 that should have taken place. None of it. - 46 - 1 Hudson County Planning Board - 12/20/06 2 And they just continued -- they even were 3 ready to pour cement and I called the town and 4 then they stopped. They put the -- I forget 5 what you call them to start pouring cement and 6 everything. But somebody has to watch. And I 7 would like to know who is going to be that -- 8 to make sure that they do what's being said 9 tonight. 10 COMMISSIONER FITZGIBBONS: Miss -- 11 MS. ZAPOLUCH: Yes. 12 COMMISSIONER FITZGIBBONS: I believe 13 there might be a couple agencies involved in 14 this. Your local construction official -- 15 MS. ZAPOLUCH: Yeah, but these 16 people -- excuse me. 17 COMMISSIONER FITZGIBBONS: Wait, 18 wait, wait. Your local construction official 19 should be visiting that site. 20 MS. ZAPOLUCH: Right. Well, he has. 21 Believe me, he has because I've called him -- 22 COMMISSIONER FITZGIBBONS: Right? 23 There's a Meadowlands -- 24 MS. ZAPOLUCH: -- and he's been very 25 accommodating but he can't sit there twenty- - 47 - 1 Hudson County Planning Board - 12/20/06 2 four hours. 3 COMMISSIONER FITZGIBBONS: Right. 4 MS. ZAPOLUCH: And you -- as soon as 5 you turn around they will be doing exactly 6 what they plan to do. 7 COMMISSIONER FITZGIBBONS: Then he 8 has to put a stop work order on them. 9 MS. ZAPOLUCH: Well, they were 10 recently given a stop work order by the 11 County. 12 COMMISSIONER FITZGIBBONS: Not -- 13 well, by the construction official, too. 14 MS. ZAPOLUCH: Yeah. So my concern 15 is now with the drainage and everything -- 16 COMMISSIONER FITZGIBBONS: The 17 drainage -- 18 MS. ZAPOLUCH: Right now when it 19 rains, it looks like a lake. 20 COMMISSIONER FITZGIBBONS: Can I -- 21 MS. ZAPOLUCH: With the warm weather 22 we've had, that water's there for ten days. 23 COMMISSIONER FITZGIBBONS: I got to 24 ask my professional guy here. Is the 25 Meadowlands have anything to do with that? - 48 - 1 Hudson County Planning Board - 12/20/06 2 MR. JASEK: Yes, absolutely. It's 3 in the -- 4 COMMISSIONER FITZGIBBONS: The 5 Meadowlands -- 6 COMMISSIONER JASEK: -- Meadowlands 7 district. 8 COMMISSIONER FITZGIBBONS: What? 9 COMMISSIONER JASEK: It is in that 10 district. 11 COMMISSIONER FITZGIBBONS: Yeah. 12 MS. ZAPOLUCH: When I called 13 Meadowlands in regard to that they said I had 14 to call the town and that's what I did. 15 COMMISSIONER FITZGIBBONS: No. 16 They're in control of the water -- are there 17 water rights there -- what do you call it? 18 COMMISSIONER JASEK: What this lady 19 is referring to is occasional flood on 20 Secaucus Road which was created by several 21 factors, one of them is FDP construction which 22 destroyed the original wetlands which soak up 23 the water. Now, it's everything is running 24 off into the creek and County pump station 25 cannot handle that. So whenever we have a - 49 - 1 Hudson County Planning Board - 12/20/06 2 significant rain, yes, the Secaucus Road, 3 right under the railroad bridge, by Mrs. 4 Wolf's house gets flooded. Last time it was 5 closed for several days until the water 6 succeeded -- but this project has nothing to 7 do with that problem. That's a problem which 8 the County is dealing with right now. 9 CHAIRWOMAN BETTINGER: But I think 10 it's going to compound -- right. 11 MS. ZAPOLUCH: Right. But what I'm 12 afraid of is that it has always flooded in 13 front of this property here. All right? Now, 14 when it rains and it doesn't have to be that 15 heavy of a rain, you think you're looking at a 16 lake. All right? So now, they've come up 17 with these wonderful plans, the drainage. 18 Obviously, it didn't work less than a mile 19 down the road. I want to be assured that it's 20 going to work and how will I get into my home 21 and go through two feet of water if it's 22 flooding now. Take a ride down there when it 23 rains and you'll see the property. It looks 24 like a lake. And it's there for ten days with 25 the warm weather we've had. Ten days the - 50 - 1 Hudson County Planning Board - 12/20/06 2 water is still there and it was never like 3 that before. But also, too, who's going to 4 check that they dug everything up? That they 5 got all that concrete up? 6 COMMISSIONER FITZGIBBONS: Local 7 construction. 8 MS. ZAPOLUCH: I mean, it's funny 9 because when they came to check -- because I 10 know for a fact how they've dumped oil all 11 over their property -- not these but the past 12 owners. And when the environmental came, they 13 conveniently walked two steps and that's where 14 they take their sample from. They don't 15 take -- you know, check all different spots. 16 CHAIRWOMAN BETTINGER: What was 17 there before this project? 18 MS. ZAPOLUCH: It was a -- a family 19 lived there. 20 CHAIRWOMAN BETTINGER: And they 21 dumped oil? 22 MS. ZAPOLUCH: But they used -- 23 well, from their cars. They used to do oil 24 changes -- 25 CHAIRWOMAN BETTINGER: And they - 51 - 1 Hudson County Planning Board - 12/20/06 2 would just dump the oil? 3 MS. ZAPOLUCH: And then just dump it 4 in the back of the property, yeah. Until I 5 told them that -- threatened that I was going 6 to make a, you know, official complaint -- 7 CHAIRWOMAN BETTINGER: Sure. 8 MS. ZAPOLUCH: -- if they didn't 9 stop. But I just want to be assured who is 10 going to make sure that these plans are 11 followed? Obviously, the person that put the 12 construction fence and then to tell me what's 13 one or two feet. It's only temporary? 14 COMMISSIONER FITZGIBBONS: That 15 would be -- 16 MS. ZAPOLUCH: That's ridiculous. 17 COMMISSIONER FITZGIBBONS: Can I 18 explain something to you? That would be an 19 argument between you and the other owner. You 20 have to get your own surveyor. 21 MS. ZAPOLUCH: No. This -- right. 22 Well, I am getting it now. 23 COMMISSIONER FITZGIBBONS: Right? 24 You don't trust their survey. 25 MS. ZAPOLUCH: No. Well, obviously - 52 - 1 Hudson County Planning Board - 12/20/06 2 I can't. 3 COMMISSIONER FITZGIBBONS: Okay? 4 You can't trust their surveyor. 5 MS. ZAPOLUCH: No, I can't. 6 COMMISSIONER FITZGIBBONS: You got 7 to go out and do the right thing for yourself. 8 MS. ZAPOLUCH: Right, right. That's 9 what I'm doing. 10 COMMISSIONER FITZGIBBONS: All 11 right? As far as work being done on that 12 property, it's up to the local construction 13 official to see that he's doing it by the 14 Code. If he's not doing it by the Code, he 15 has to -- he is your watchdog there. 16 MS. ZAPOLUCH: Okay. 17 COMMISSIONER FITZGIBBONS: All 18 right? He has to do his job there. 19 MS. ZAPOLUCH: And what role does 20 the County play then in this? 21 COMMISSIONER FITZGIBBONS: The 22 County -- 23 MS. ZAPOLUCH: Because I keep being 24 told -- 25 COMMISSIONER FITZGIBBONS: Being - 53 - 1 Hudson County Planning Board - 12/20/06 2 that it's -- listen. Being that it's adjacent 3 to -- wait. 4 MS. ZAPOLUCH: -- Meadowlands, go 5 here, this one tells me come here. 6 COMMISSIONER FITZGIBBONS: Being 7 that it's adjacent to a County road -- 8 MS. ZAPOLUCH: Right. 9 COMMISSIONER FITZGIBBONS: -- it 10 falls on our jurisdiction to make sure that it 11 does not affect the County road. 12 MS. ZAPOLUCH: All right? Am I 13 right, Bob? 14 COMMISSIONER JASEK: Absolutely 15 correct. 16 MS. ZAPOLUCH: Right. 17 COMMISSIONER FITZGIBBONS: But we 18 want to make sure that the drainage is right, 19 the curb cuts are right, whenever things are 20 that permits an approval is made. But I think 21 the Meadowlands Commission would be involved 22 in this being that it was a flooded area there 23 and if you're saying there's oil there and all 24 that, then DEP would have to come in and -- 25 MS. ZAPOLUCH: Well, then, I'll have - 54 - 1 Hudson County Planning Board - 12/20/06 2 to call them myself -- 3 COMMISSIONER FITZGIBBONS: -- and 4 see -- well, I don't, you know -- 5 MS. ZAPOLUCH: -- and ask them if 6 they could check it again because I was told 7 it was checked. But I was showed where it was 8 checked. And I was also told they could just 9 say do what's right here and then they -- 10 COMMISSIONER FITZGIBBONS: See what 11 your problem is? They were dumping oil from 12 their -- their automobiles. 13 MS. ZAPOLUCH: Right. 14 COMMISSIONER FITZGIBBONS: So they 15 have -- how do they -- how do they heat 16 their -- 17 MS. ZAPOLUCH: But also how do I 18 know what was dumped recently when they were 19 fined by the Meadowlands Commission? 20 COMMISSIONER FITZGIBBONS: Right. 21 How do they heat their -- the former owners 22 heat their building? By oil? 23 MS. ZAPOLUCH: By oil? I believe 24 so, yeah. 25 COMMISSIONER FITZGIBBONS: Did they - 55 - 1 Hudson County Planning Board - 12/20/06 2 remove the tank? 3 MS. ZAPOLUCH: Not that I know of. 4 COMMISSIONER FITZGIBBONS: All 5 right. So that's it. DEP has got to come in 6 there and check that out, too. 7 MS. ZAPOLUCH: Right. Thank you. 8 CHAIRWOMAN BETTINGER: Mr. Marks, 9 you have a comment? 10 MR. MARKS: Just for the Board's 11 edification, the Meadowlands Commission is in 12 charge of the zoning and the land use -- 13 MS. ZAPOLUCH: Right. 14 MR. MARKS: -- for the Meadowlands 15 district including this property. The 16 construction code official -- it would 17 probably be helpful for the construction code 18 official is when you spot a violation, I would 19 suggest that you take a picture or even, like, 20 a video camera. If you think you see things 21 going on which shouldn't be going on, I would 22 suggest that. As far as the jurisdiction of 23 this Board, this Board has jurisdiction over 24 traffic and drainage. 25 MS. ZAPOLUCH: Right. - 56 - 1 Hudson County Planning Board - 12/20/06 2 MR. MARKS: So the speeding that you 3 did cite before -- 4 MS. ZAPOLUCH: Yes. 5 MR. MARKS: -- the two accidents 6 that you just said that your family was 7 involved are all considered -- and the 8 flooding as well are all considerations which 9 this Board has jurisdiction over. 10 MS. ZAPOLUCH: Oh, so you -- 11 MR. MARKS: So it was germaned 12 for -- it's the appropriate place to be 13 visiting those issues. 14 MS. ZAPOLUCH: In regard to the 15 drainage that I'm concerned with? 16 MR. MARKS: The traffic and the 17 drainage. 18 MS. ZAPOLUCH: And the drainage. 19 Yes. Thank you. 20 MR. MARKS: Okay. Next? 21 CHAIRWOMAN BETTINGER: Thank you. 22 MS. ZAPOLUCH: Thank you very much. 23 CHAIRWOMAN BETTINGER: Yes, Mr. B? 24 MR. BEESLEY: I cannot respond to 25 all of that but I'll start with the - 57 - 1 Hudson County Planning Board - 12/20/06 2 construction fence. We were the surveyors of 3 record, Macdel Engineering, for the property 4 itself. We did not provide any construction 5 layout for what I've been advised is a 6 construction fence. So I cannot tell you 7 whether that is properly located based on our 8 control but I can assure you that I will talk 9 to the client and tell him he needs to make 10 sure that that fence is properly located on 11 the fence based on my control. 12 In terms of the -- 13 CHAIRWOMAN BETTINGER: Do you have a 14 survey, Mr. Beesley, that was done? 15 MR. BEESLEY: Yes. It is part of 16 the submitted package. 17 CHAIRWOMAN BETTINGER: Okay. 18 MR. BEESLEY: It's called "Map of 19 Property" and it does show both property line 20 and existing topography -- the existing 21 topography at the time when the survey was 22 made. 23 CHAIRWOMAN BETTINGE: So do you know 24 if that fence was placed properly? 25 MR. BEESLEY: I don't -- the fence - 58 - 1 Hudson County Planning Board - 12/20/06 2 was not there when I provided the survey. The 3 fence was placed there after. And I have not 4 been back out there to measure where that 5 fence is. So I cannot answer that. 6 CHAIRWOMAN BETTINGER: Is someone 7 going to go out there soon? 8 MR. BEESLEY: If I'm authorized to 9 go out there I can go there and report back. 10 CHAIRWOMAN BETTNGER: It's really a 11 shame that this woman needs to hire her own 12 surveyor and incur a cost when you -- yes? 13 MR. REIMON: Madam, may I be heard? 14 CHAIRWOMAN BETTINGER: Please. 15 MR. REIMON: Madam Chairman, I would 16 like to say that the engineer should go into a 17 contract with an applicant to do what is 18 called construction and stakeout. And when he 19 does a construction and stakeout based on the 20 information that he has on the document that 21 he submitted to us and the document that he 22 has, he should have in his office all the 23 points that he used to do the survey. And 24 those points can be used to do the 25 construction and stakeout to locate the - 59 - 1 Hudson County Planning Board - 12/20/06 2 location of the fence. And that is going to 3 be the final word as far as if the fence in 4 the right place or if it's in the wrong place. 5 But that should be between the engineer and 6 the applicant. I believe that they should 7 make a commitment to address that issue for 8 the property owners that is neighbor to them. 9 CHAIRWOMAN BETTINGER: Thank you. 10 MR. BEESLEY: With all due respect, 11 any qualified surveying firm, licensed 12 surveying firm, can use the points that we 13 have out there and produce the same thing. So 14 I will not bind the client into retaining our 15 services but they are available. 16 In terms of the drainage, we -- this 17 site is designed to hold back drainage as is 18 typical of this type and most plans that you 19 see before you. And so, by constructing the 20 site, we actually reduced the -- at least the 21 rate and the overall impact to the storm 22 drainage system so that there's a benefit to 23 that. And just to reinforce that, the site 24 plan was previously approved by the 25 Meadowlands Commission and is under their - 60 - 1 Hudson County Planning Board - 12/20/06 2 jurisdiction. 3 CHAIRWOMAN BETTINGER: But it's 4 approved with the contingency that this Board 5 approves our -- 6 MR. BEESLEY: Yeah. 7 CHAIRWOMAN BETTINGER: Okay. 8 MR. BEESLEY: Did you want to go to 9 traffic? 10 MR. FRIEDMAN: Just one point about 11 the fence. Madam Chair, just for the record, 12 what I borrowed from you was correspondence 13 dated December 13th, 2006 and appended to it 14 are a number of pictures and I showed the 15 applicant the fence in question. That is in 16 fact a temporary construction fence. That's 17 what it's called. They advised me that if 18 they are advised by the woman who had comments 19 about the project, that if for some reason the 20 temporary construction fence is not located 21 properly, of course they're going to take care 22 of it and rectify the situation. But I'm 23 going to return your correspondence to you. 24 CHAIRWOMAN BETTINGER: Thank you. 25 Thank you. Mr. -- - 61 - 1 Hudson County Planning Board - 12/20/06 2 MR. FRIEDMAN: And -- I'm sorry? 3 CHAIRWOMAN BETTINGER: Question? 4 I'm sorry. Go ahead. 5 COMMISSIONER FITZGIBBONS: Bob, the 6 day that retaining tanks not -- 7 COMMISSIONER JASEK: No. What they 8 propose is retainage on a retaining basis for 9 the rainwater. So they will retain the 10 rainwater on the side and release that slowly 11 into the system. 12 MR. FRIEDMAN: Any further comments 13 or questions before I bring up the traffic 14 engineer? 15 CHAIRWOMAN BETTINGER: What about 16 some of the soil that was questionable? It's 17 not clean that was brought in? 18 MR. FRIEDMAN: In reference to 19 comments that were made? 20 CHAIRWOMAN BETTINGER: I have a 21 comment here from our special projects 22 manager. 23 MR. BEESLEY: Again, I made a map of 24 the existing conditions which, at this point 25 is several years old, 'cause it's taken us - 62 - 1 Hudson County Planning Board - 12/20/06 2 this long to get in front of -- past the 3 Meadowlands and in front of this Board. And I 4 prepared the plans for the proposed building. 5 I have not been involved in any soil testing 6 or any movement of anything on the site so I 7 cannot answer that. I'm sorry. Sir? 8 COMMISSIONER FITZGIBBONS: Another 9 question. This was approved by the 10 Meadowlands Commission? 11 MR. BEESLEY: Yes, it was. 12 CHAIRWOMAN BETTINGER: Contingent 13 upon our approval. 14 MR. BEESLEY: It was subject to -- 15 COMMISSIONER FITZGIBBONS: Yes, I 16 know that. Bob, when they approve these 17 plans, don't they test the soil and 18 everything? 19 COMMISSIONER JASEK: Not 20 necessarily, no. 21 COMMISSIONER FITZGIBBONS: Does DEP 22 come in there? 23 COMMISSIONER JASEK: If there is 24 a -- 25 COMMISSIONER FITZGIBBONS: Did DEP - 63 - 1 Hudson County Planning Board - 12/20/06 2 do any testing in there? 3 MR. BEESLEY: I'm not aware of DEP 4 coming on and testing the site. 5 COMMISSIONER FITZGIBBONS: Well, 6 what kind of landfill -- 7 COMMISSIONER HOLLOWAY: Madam Chair, 8 I have a question. Bob, when there's dirt 9 being moved from one area to the other, that's 10 when that dirt has to be tested. Am I 11 correct? 12 COMMISSIONER JASEK: No, not 13 necessarily. It depends on the location. It 14 depends on the quantity of the dirt. It 15 depends if there is a history of the property 16 being a gas station or any other high risk 17 property. 18 COMMISSIONER HOLLOWAY: Oh, maybe I 19 misunderstood. I thought you said that dirt 20 was taken from somewhere else and brought to 21 that property. 22 COMMISSIONER JASEK: That's what I 23 hear. I have no personal -- 24 COMMISSIONER HOLLOWAY: Do we know 25 where this dirt came from? - 64 - 1 Hudson County Planning Board - 12/20/06 2 MR. BEESLEY: Well, I think 3 perhaps -- and I'm sorry for interrupting. 4 Perhaps the easiest thing to do to remove any 5 mystery is to have the applicant answer your 6 questions on the subject. He's offered to do 7 so, so I'm going to bring up Raj Patel. 8 CHAIRWOMAN BETTINGER: Thank you. 9 Please state your name and spelling. 10 MR. PATEL: Sure. Hi, my name is 11 Raj Patel and I'm one of the principal owners 12 of the properties. I live in town and the 13 thing with the soil is we did Phase I -- 14 CHAIRWOMAN BETTINGER: Can you 15 please be sworn in? 16 R A J P A T E L, having been first duly 17 sworn according to law, testified as follows: 18 MR. PATEL: We did the Phase I when 19 we bought the property to the PMK Engineering 20 and then we did the Phase II before we start 21 submitting our -- the final construction 22 drawing and everything to do with Meadowlands. 23 So the Phase I and Phase II have been done and 24 the pile over there sitting right now, it's 25 the -- we took off the top soil from the - 65 - 1 Hudson County Planning Board - 12/20/06 2 property and that's where the pile is sitting. 3 There is no dirt coming from anywhere. There 4 is no creek. It's not a wetland. It's not a 5 DEP issue and DEP is -- we don't have to go to 6 the DEP because it's not in their 7 jurisdiction. And there is no oil tank 8 whatsoever in the property. The both houses 9 on the property are naturally gas. I can 10 prove that right now. There is no such thing 11 as an oil tank from the day one. 12 CHAIRWOMAN BETTINGER: Thank you. 13 MR. PATEL: Thank you. 14 COMMISSIONER JASEK: Madam Chairman, 15 I hear that PMK was hired to do the Phase I 16 and Phase II environmental evaluation. 17 MR. PATEL: Yes. There was no 18 issues with any kind of environmental issues 19 over there. 20 COMMISSIONER JASEK: Please get a 21 report. 22 MR. PATEL: I can gladly give you 23 the Phase I and II, no problem. I can do 24 that. 25 COMMISSIONER JASEK: Yes, sir. - 66 - 1 Hudson County Planning Board - 12/20/06 2 MR. PATEL: Thank you. 3 COMMISSIONER JASEK: If you would 4 give it to the clerk -- the secretary, I mean. 5 CHAIRWOMAN BETTINGER: Okay. Do any 6 commissioners have -- Mr. Jasek, you have 7 another question? 8 COMMISSIONER JASEK: Madam Chairman, 9 I'm pleased with the fact that the engineer 10 reviewed and revised the plans and located the 11 driveway the way it's supposed to be. That's 12 one thing. Not having the full sized plan or 13 any new plans, we could not review the details 14 and I can see that the details are not on the 15 plans because they are just starting the 16 process of designing that intersection. It's 17 quite complicated process. So after we hear 18 the testimony of the traffic engineer then we 19 should actually allow them to continue the 20 design process and continue the hearing until 21 we get the final plans. But I would like to 22 hear the traffic engineer what's on his mind. 23 MR. FRIEDMAN: Just for a 24 clarification, which plans exactly are you 25 going to want to see? - 67 - 1 Hudson County Planning Board - 12/20/06 2 COMMISSIONER JASEK: These plans 3 which are displayed on the board. 4 MR. BEESLEY: We did revise the site 5 plans and we did submit them. We revised all 6 of the plans on the 8th and we submitted them 7 on the 10th. 8 CHAIRWOMAN BETTINGER: Yes, Mr. 9 Ramon? 10 MR. BEESLEY: There was a full 11 submission made. 12 COMMISSIONER JASEK: Is it 13 available? 14 CHAIRWOMAN BETTINGER: Are you in 15 receipt of the plans? 16 MR. RAMON: Madam Chair, we received 17 the revised plans with the location of a 18 proposed traffic signal and in our comments we 19 said that we recommend that this application 20 be approved subject to submission of final 21 traffic signal plans and timing for the new 22 traffic signal. That was our comment. 23 COMMISSIONER JASEK: Yes. We have 24 done, Madam Chair -- we have done that before 25 with some applicant and we got little bit - 68 - 1 Hudson County Planning Board - 12/20/06 2 screwed on that. So I'm hesitant to approve 3 any plans until we really see the complete set 4 of the plans. 5 COMMISSIONER FITZGIBBONS: I agree 6 with you, Bob. 7 CHAIRWOMAN BETTINGER: So, 8 counselor, where do we go with this? 9 MR. CALVANICO: If the commissioner 10 wants to table the matter for further 11 consideration, that's certainly within his 12 right to do that. 13 COMMISSIONER JASEK: Mr. Beesley, 14 are there construction plans and traffic plans 15 for the traffic light in there? 16 MR. BEESLEY: No, sir. The signal 17 is represented on the site plans with the 18 signal heads but there was not sufficient time 19 nor were we directed to provide detailed plans 20 of that. The intent was to show that -- that 21 we would -- could comply with it, we could 22 place it and then design it at a later date, 23 as well as seek the approval to install that 24 light. 25 COMMISSIONER JASEK: I believe that - 69 - 1 Hudson County Planning Board - 12/20/06 2 we touched on that before. The traffic light 3 will be financed by your client or by the 4 owner of the property. It will be designed or 5 commissioned the design by the owner but the 6 actual application to the DOT will be done by 7 the County because eventually the County will 8 take over and will own the traffic light. So 9 after you do all the analysis and the design, 10 after the County approves the design, the 11 County will submit it DOT for the final 12 approval. And as you know, the DOT doesn't 13 issue the approval anymore; they take the word 14 of the licensed engineer that everything is 15 done by the regulations. 16 MR. BEESLEY: Well, that's one of 17 the tricky parts of this is will the warrant 18 be met and will the state allow the 19 installation of that signal. And we, as a 20 team, had a concern about whether an approval 21 that was subject to installing that signal was 22 tantamount to a denial if in fact the state 23 was not going to permit the installation of 24 that signal. 25 COMMISSIONER JASEK: Before the - 70 - 1 Hudson County Planning Board - 12/20/06 2 County and the town of Secaucus made this 3 claim for the traffic light, it was evaluated 4 by other traffic engineers and we are 5 confident that the warranty is there for 6 installation of the traffic light. 7 MR. BEESLEY: That would be fine and 8 the client has represented that he would do 9 just what you said. He represented that at a 10 meeting. We can call him back up. That he 11 would pay for the design and he would pay for 12 the construction. Have no interest in 13 operating it. 14 COMMISSIONER JASEK: That's correct. 15 MR. BEESLEY: You're welcome to 16 operate that. But he did represent that at 17 our meeting of December 6th. I believe you 18 can call him back up this evening. 19 COMMISSIONER JASEK: No. That's a 20 standard procedure because we have this 21 situation on some other locations within the 22 County. When the developer builds the traffic 23 light, the County approves it and takes over 24 that for the future maintenance and operation 25 of the traffic light. So, once this is taken - 71 - 1 Hudson County Planning Board - 12/20/06 2 over by the County the developer is out of 3 that. 4 MR. BEESLEY: There are a few other 5 factors, if I may -- there are a few other 6 factors in terms of timing of this project 7 that a delay would be problematic to our 8 client. That is, his agreement with the hotel 9 chain. If the approval itself was delayed he 10 would have a problem. However, if the 11 approval was conditioned on him satisfying 12 this, that would be good for him. That he 13 could -- with his relationship with 14 Candlewood, he could continue with his 15 financing and he could move forward, at the 16 same time doing the design as you have 17 requested. So we would just ask that you 18 consider that in your conditions. 19 COMMISSIONER JASEK: Madam Chairman, 20 maybe we can do -- I understand the point the 21 applicant is bringing up and we don't want to 22 slow him down or lose the contract or 23 something like that. But, on the other hand, 24 we have to protect the interest of the County. 25 Can we issue some kind of provision or - 72 - 1 Hudson County Planning Board - 12/20/06 2 conditional approval for the site plan so they 3 can go ahead with designing or even building 4 the foundations. And in the meantime, we will 5 give them a time limit when they have to 6 submit the final plans. Definitely the 7 traffic light has to be operating before they 8 open this hotel. So that would be the 9 ultimate, the time limit for the traffic 10 light. And I'm sure that Mr. Beesley knows 11 that design and constructing the traffic light 12 is not overnight. 13 CHAIRWOMAN BETTINGER: Mr. Marks, 14 you have a comment? 15 MR. MARKS: I just would like to 16 advise the Board that the Board is not bound 17 by any self-imposed hardships created by the 18 applicant. So it's something to consider but 19 it's certainly not something which the Board 20 is bound to buy. 21 And the second matter is that the 22 site plans which were submitted were 23 originally dated April 4th, 2002. We're now 24 four and a half years after the creation of 25 the original site plans. Not just for this - 73 - 1 Hudson County Planning Board - 12/20/06 2 application but another application which was 3 before this Board a couple months ago, I would 4 advise the attorney and his client to come in 5 to the County and to the County Planning Board 6 well in advance of your next application so 7 you don't have similar hardships in the 8 future. This was something -- this was an 9 application which was created four and a half 10 years ago. The County -- it's on a County 11 road. The County was left out of the process 12 for four and a half years and only after the 13 Meadowlands Commission approved it were we 14 asked to -- that the Board was asked to accept 15 it. And I would just advise the attorney and 16 the engineer and the property owner and the 17 applicant to come before this Board, even if 18 it's in the sketch plan process, to get the 19 advice of the County Planning Board and the 20 County engineer for any future applications on 21 County roads. 22 MR. BEESLEY: The comments are duly 23 noted about contacting the County. I would 24 just like to give a little explanation why it 25 took four and a half years. There were - 74 - 1 Hudson County Planning Board - 12/20/06 2 several different hotel chains. There were 3 several different buildings that came between 4 the original date on that plan and the plans 5 that we had before. It also sat in the 6 Commission's office for a very long time 7 before they rendered a decision. So there 8 were some additional factors to that. It 9 wasn't as though we prepared the plans four 10 and a half years ago and ignored you. Thank 11 you. 12 COMMISSIONER FITZGIBBONS: Mr. 13 Marks, I got a question. You know, we're 14 going to run into a problem where somebody 15 comes -- they have plans seven and eight years 16 ago and they want to resubmit the plan to us 17 and being that it was approved -- I mean, 18 isn't there some kind of -- 19 CHAIRWOMAN BETTINGER: Statute of 20 limitation. 21 COMMISSIONER FITZGIBBONS: -- 22 statute of limitations or time limit on these 23 applications? 24 MR. MARKS: For the approvals? I 25 don't follow the question. - 75 - 1 Hudson County Planning Board - 12/20/06 2 COMMISSIONER FITZGIBBONS: In other 3 words, he came four and a half years ago -- he 4 came here with the application and it's been 5 laying collecting dust for four and a half 6 years. 7 MR. MARKS: Madam Chair, that's not 8 true. We only received the application 9 earlier this year. Even though the site plans 10 themselves as prepared were originally drafted 11 by the engineer are four and a half years old, 12 we only received the set of site plans several 13 months -- it was earlier in the year. 14 After -- it was during the summer of 2006. 15 COMMISSIONER FITZGIBBONS: So we 16 received them because the Meadowlands 17 Commission approved them? 18 MR. MARKS: We only receive the set 19 of site plans or subdivision plats when an 20 applicant decides to submit the application. 21 They submit an application, an application 22 fee, an escrow deposit, a set of site plans 23 that gets reviewed by the site plan committee. 24 Administratively, we have to determine if 25 it's -- everything is complete, whether the - 76 - 1 Hudson County Planning Board - 12/20/06 2 application fee and the escrow deposit are 3 correct. And there was some holdup earlier in 4 the year with the correct, I think, escrow 5 deposit as well which caused some time to be 6 delayed. But it really depends upon the 7 applicant, when the applicant -- we're not 8 aware, we're not noticed of applications for 9 development as they're being reviewed by the 10 Meadowlands Commission. It's been a point of 11 this Board to notice to work cooperatively 12 with all the municipalities. We now publicly 13 advertise and properly notice the municipal 14 Planning Board secretary, the municipal zoning 15 officers, municipal construction code 16 officials as well as the Meadowlands 17 Commission. But it's not -- everything is not 18 reciprocated and we are often not -- we're at 19 a disadvantage. We're not often at an 20 advantage when applications are pending before 21 municipal Planning Board or the Meadowlands 22 district. We're trying to encourage that 23 coordination and cooperation and collaboration 24 and communication but it's an ongoing process. 25 But it also depends upon, as in the - 77 - 1 Hudson County Planning Board - 12/20/06 2 application in North Bergen before the Board 3 earlier this evening, it depends upon the 4 municipal construction code officials outside 5 of the Meadowlands district to be aware of 6 what sites are on County roads, what 7 properties are on County roads and what sites 8 are not on County roads. 9 CHAIRWOMAN BETTINGER: Mr. Marks, I 10 do have one question, if you could just 11 refresh my memory. At some point we had 12 another application appear before us, Cinelli? 13 MR. MARKS: Yes. 14 CHAIRWOMAN BETTINGER: Were they 15 supposed to contribute to the traffic signal 16 as well? 17 MR. MARKS: Yes. The Cinelli Scrap 18 Metal recycling facility -- 19 CHAIRWOMAN BETTINGER: Right. I 20 couldn't remember the full name of the 21 application. 22 MR. MARKS: -- did not trigger -- it 23 didn't have enough truck traffic which was one 24 of the concerns leading into this application. 25 In and of itself, it did not generate enough - 78 - 1 Hudson County Planning Board - 12/20/06 2 truck traffic to warrant a traffic signal. 3 However, we asked that Cinelli make a prorated 4 contribution towards the installation of a 5 traffic signal at such point in the future 6 that future developments would trigger that -- 7 the need for a traffic signal. 8 CHAIRWOMAN BETTINGER: Thank you for 9 clarifying that. 10 MR. MARKS: Sure. 11 COMMISSIONER HOLLOWAY: Madam Chair? 12 CHAIRWOMAN BETTINGER: Yes? 13 COMMISSIONER HOLLOWAY: If we grant 14 them to start their building, what's the 15 timetable we're talking about to get the new 16 application in? 17 COMMISSIONER JASEK: Well, the owner 18 can tell us his time schedule, how he will 19 proceed and then we will tell him that he will 20 not open the business until the traffic light 21 is activated, approved and constructed. As 22 you remember, we had K-Mart in Kearny here a 23 few years ago. And they built that traffic 24 light overnight because they were told they 25 will not open and they had a store full of - 79 - 1 Hudson County Planning Board - 12/20/06 2 people, full of merchandise and they couldn't 3 open. So we will stand on the ground the same 4 way. 5 MR. FRIEDMAN: The applicant is 6 eager to get its project going and completed 7 so certainly anything concerning the traffic 8 light will be given priority so that 9 everything can open up on time. So, I'm not 10 looking at my client right now to see him 11 telling me that but I know that's exactly what 12 he's thinking. So that will be pursued 13 without delay. Stewart Gordon is our traffic 14 engineer. 15 CHAIRWOMAN BETTINGER: Good evening. 16 MR. CALVANICO: Just state your 17 name, spell your last name and provide your 18 affiliation, please. 19 MR. GORDON: The name is Stewart 20 Gordon, GORDON. I'm with Pennoni Associates 21 and I was hired as the traffic consultant for 22 this project. 23 MR. CALVANICO: Penonni's address, 24 please? 25 MR. GORDON: Haddon Heights -- - 80 - 1 Hudson County Planning Board - 12/20/06 2 actually, I'm sorry. Cranford, New Jersey. 3 That's on 20 Commerce Drive in Cranford, New 4 Jersey. 5 S T E W A R T G O R D O N, having been first 6 duly sworn according to law, testified as 7 follows: 8 MR. FRIEDMAN: Mr. Gordon told me he 9 has not testified before this Board before so 10 I will ask him to give you the benefit of his 11 professional and educational background. 12 MR. GORDON: I'm a licensed 13 professional engineer in the state of New 14 Jersey since 1992. I have a bachelor of 15 science degree in civil engineering and a 16 master's degree in engineering from the 17 University of North Carolina. I've been 18 practicing since graduation within the state 19 of New Jersey so I almost have twenty years of 20 experience in doing traffic engi