1 1 COUNTY OF HUDSON PLANNING BOARD 2 _________________________ 3 : TRANSCRIPT MEETING OF THE COUNTY OF : OF 4 HUDSON PLANNING BOARD : PROCEEDINGS _________________________: 5 6:30 p.m. 6 Wednesday, February 20, 2008 567 Pavonia Avenue 7 Jersey City, New Jersey B E F O R E: 8 JUDE FITZGIBBONS, Chairperson 9 MARY E. AVAGLIANO, Vice-Chairperson RUSHABH MEHTA, Commissioner 10 RENEE BETTINGER, Commissioner DANIEL CHOFFO, Commissioner 11 MICHAEL HOLLOWAY, Commissioner BORIVOJ JASEK, PE, Commissioner 12 KENNEDY NG, Commissioner DOREEN DIDOMENICO, Freeholder 13 JOSE MUNOZ, Freeholder 14 A L S O P R E S E N T: 15 JOHN J. COLLINS, ESQ. 16 Board Attorney 17 STEPHEN MARKS, PP, AICP, Planning Director 18 MARIO TRIDENTE, 19 Development and Zoning Compliance Official 20 PROUT & CAMMAROTA, L.L.C. 21 CERTIFIED SHORTHAND REPORTERS 147 COLUMBIA TURNPIKE 22 FLORHAM PARK, NJ 07932 TEL: (973) 660-0600 FAX: (973) 660-1966 23 24 25 2 1 CERTIFICATE OF OFFICER 2 I, CAREY ANN SHAFTAN, a Certified 3 Shorthand Reporter and a Notary Public of the 4 State of New Jersey, do hereby certify that prior 5 to the commencement of the examination, the 6 witness was duly sworn by me. 7 I DO FURTHER CERTIFY that the following 8 is a true and accurate transcript of the 9 testimony as taken stenographically by me and 10 before me at the date, time and place 11 aforementioned. 12 I DO FURTHER CERTIFY that I am neither a 13 relative nor employee, nor attorney or counsel to 14 any parties involved; that I am neither related 15 to nor employed by any such attorney or counsel, 16 and that I am not financially interested in the 17 action. 18 19 _________________________________________ 20 A NOTARY PUBLIC OF THE STATE OF NEW JERSEY 21 My Commission Expires 22 May 1, 2011 23 Notary No. 2016121 24 25 3 1 (Time noted: 6:35 p.m.) 2 CHAIRMAN FITZGIBBONS: Good 3 evening. I would like to call to order the 4 meeting of the Hudson County Planning Board. 5 Has this meeting been duly 6 properly advertised? 7 MR. COLLINS: Yes, Mr. Chairman, 8 it has been properly advertised and forwarded 9 for publication to the Jersey Journal in 10 accordance with Open Public Records Act, and 11 it was also forwarded to the Clerk for posting 12 on the company's bulletin boards of the County 13 of Hudson and the County Clerk of the Board of 14 Chosen Freeholders. 15 CHAIRMAN FITZGIBBONS: Roll call 16 of Commissioners. 17 DIRECTOR MARKS: Commissioner 18 Arencibia? 19 COMMISSIONER ARENCIBIA: Here. 20 DIRECTOR MARKS: Commissioner 21 Avagliano? 22 COMMISSIONER AVAGLIANO: Here. 23 DIRECTOR MARKS: Commissioner 24 Bettinger? 25 COMMISSIONER BETTINGER: Here. 4 1 DIRECTOR MARKS: Commissioner 2 Choffo? 3 COMMISSIONER CHOFFO: Here. 4 DIRECTOR MARKS: Commissioner 5 DiDomenico? Not present. 6 Commissioner Holloway? Not 7 present. 8 Commissioner Mehta? Not 9 present. 10 Commissioner Munoz? 11 COMMISSIONER MUNOZ: Present. 12 DIRECTOR MARKS: Commissioner 13 Ng? Not present. 14 Commissioner Fitzgibbons? 15 CHAIRMAN FITZGIBBONS: Present. 16 DIRECTOR MARKS: Mr. Chairman, 17 we have a quorum. 18 CHAIRMAN FITZGIBBONS: Please 19 rise and salute the Flag. 20 (All rise and salute the Flag.) 21 CHAIRMAN FITZGIBBONS: Have all 22 the commissioners received the minutes? 23 Do we have a motion to approve 24 the minutes? 25 COMMISSIONER AVAGLIANO: Motion 5 1 to approve. 2 COMMISSIONER MUNOZ: Second. 3 DIRECTOR MARKS: Mr. Chairman, 4 on a motion to approve the minutes made by 5 Commissioner Avagliano and seconded by 6 Commissioner Munoz, Commissioner Arencibia? 7 COMMISSIONER ARENCIBIA: Aye. 8 DIRECTOR MARKS: Commissioner 9 Avagliano? 10 COMMISSIONER AVAGLIANO: Aye. 11 DIRECTOR MARKS: Commissioner 12 Bettinger? 13 COMMISSIONER BETTINGER: I will 14 abstain. 15 DIRECTOR MARKS: Commissioner 16 Choffo? 17 COMMISSIONER CHOFFO: Aye. 18 DIRECTOR MARKS: Commissioner 19 Munoz? 20 COMMISSIONER MUNOZ: Aye. 21 DIRECTOR MARKS: Commissioner 22 Fitzgibbons? 23 CHAIRMAN FITZGIBBONS: Aye. 24 Anybody from the public that 25 wishes to speak? 6 1 We will continue with the 2 meeting then. 3 DIRECTOR MARKS: Mr. Chairman, 4 the next section is section 5A, 5 MemorializationS of Resolutions approved or 6 conditionally approved at the last meeting, 7 beginning with application SP/SD-78-06, RG 8 Realty Company located at 1706 Paterson Plank 9 Road which is Block 40, Lot 3C in the township 10 of North Bergen, and application SP-49-07, 11 Brian Battaglia, applicant, located at 12 1414-1416 Willow Avenue which is Block 123, 13 Lot 15 in the city of Hoboken. 14 CHAIRMAN FITZGIBBONS: Do we 15 have a motion to approve? 16 COMMISSIONER MUNOZ: I will make 17 a motion. 18 DIRECTOR MARKS: Mr. Chairman, 19 for the record? 20 CHAIRMAN FITZGIBBONS: 21 Commissioner Mehta is here. 22 We have a motion to approve? 23 COMMISSIONER CHOFFO: Motion to 24 approve the Memorializations of Resolutions. 25 COMMISSIONER AVAGLIANO: 7 1 Seconded. 2 DIRECTOR MARKS: Mr. Chairman, 3 on a motion to approve those applications made 4 by Commissioner Choffo and seconded by 5 Commissioner Avagliano, Commissioner 6 Arencibia? 7 COMMISSIONER ARENCIBIA: Aye. 8 DIRECTOR MARKS: Commissioner 9 Avagliano? 10 COMMISSIONER AVAGLIANO: Aye. 11 DIRECTOR MARKS: Commissioner 12 Bettinger? 13 COMMISSIONER BETTINGER: Aye. 14 DIRECTOR MARKS: Commissioner 15 Choffo? 16 COMMISSIONER CHOFFO: Aye. 17 DIRECTOR MARKS: Commissioner 18 Mehta? 19 COMMISSIONER MEHTA: Aye. 20 DIRECTOR MARKS: Commissioner 21 Munoz? 22 COMMISSIONER MUNOZ: Aye. 23 DIRECTOR MARKS: Commissioner 24 Fitzgibbons? 25 CHAIRMAN FITZGIBBONS: Aye. 8 1 DIRECTOR MARKS: Commissioner, 2 the motion passed. 3 CHAIRMAN FITZGIBBONS: Do you 4 have applications declared to be exempt? 5 DIRECTOR MARKS: Mr. Chairman, 6 the applicationS scheduled to be declared 7 exempt this evening are beginning with 8 application 2007-088-SD, RC Associates, 9 located at 25, 27 and 29 Hackensack Plank Road 10 which is Block 5, Lots 11, 12 and 14 through 11 17 in the Township of Weehawken. 12 Application 2008-002-SP, Metro 13 PCS New York LLC, located at 39 Avenue C which 14 is Block 378, Lot 1 in the city of Bayonne. 15 Application 2008-005-SD, Nohar 16 Sumasar, applicant, located at 11-13 Pamrapo 17 Avenue which is Block 1380, Lot 36 in the city 18 of Jersey City. 19 Application 2008-013-SP which 20 is Nextel of New York, Inc., located at 20 21 48th Street, Block 62, Lot 25 in the Township 22 of Weehawken. 23 And finally, application 24 2008-017-SP, Metro PCS New York located at 300 25 Lightning Way which is block 185.01, Lot 1.05 9 1 in the town of Secaucus. 2 CHAIRMAN FITZGIBBONS: Do we 3 have a motion for exemption? 4 COMMISSIONER AVAGLIANO: Motion 5 to approve. 6 COMMISSIONER MUNOZ: Second. 7 DIRECTOR MARKS: Mr. Chairman, 8 on a motion to approve made by Commissioner 9 Avagliano and seconded by Commissioner Munoz, 10 Commissioner Arencibia? 11 COMMISSIONER ARENCIBIA: Aye. 12 DIRECTOR MARKS: Commissioner 13 Avagliano? 14 COMMISSIONER AVAGLIANO: Aye. 15 DIRECTOR MARKS: Commissioner 16 Bettinger? 17 COMMISSIONER BETTINGER: Aye. 18 DIRECTOR MARKS: Commissioner 19 Choffo? 20 COMMISSIONER CHOFFO: Aye. 21 DIRECTOR MARKS: Commissioner 22 Mehta? 23 COMMISSIONER MEHTA: Aye. 24 DIRECTOR MARKS: Commissioner 25 Munoz? 10 1 COMMISSIONER MUNOZ: Aye. 2 DIRECTOR MARKS: And Chairman 3 Fitzgibbons. 4 CHAIRMAN FITZGIBBONS: Aye. 5 DIRECTOR MARKS: Mr. Chairman, 6 the motion passed. 7 CHAIRMAN FITZGIBBONS: The next 8 order of business is site plans, subdivisions, 9 and other matters scheduled for public 10 hearing. 11 DIRECTOR MARKS: The first 12 application is 2007-050-SD, Saw Mill Park 13 located at 660, 670 and 680 Belleville 14 Turnpike which is Blocks 150 and 150A, Lots 15 52.01, 52.02, 52.03, and 44 through 51 in the 16 town of Kearny. 17 MR. BERGER: Good evening. My 18 name is Richard Berger. I am an attorney from 19 Hackensack and I am general counsel to Russo 20 Development appearing on behalf of the 21 applicant this evening. 22 This is an application for 23 subdivision approval. We have appeared 24 before the subcommittee or the committee 25 on Wednesday, February 6th. 11 1 As a result of our meeting with 2 the committee we submitted supplemental 3 materials for consideration by the 4 Planning Board tonight. 5 I hope that they got into the 6 record and that there were sufficient copies. 7 If not, if anyone doesn't have 8 them I have additional copies that I can pass 9 out to the members of the Board this evening. 10 Those included, in particular, a 11 letter dated February 19 from Douglas 12 Bartels, an engineer who is also 13 affiliated with my office, that enclosed 14 the results of the pedestrian count 15 taken near the intersection of 16 Belleville Turnpike and Barczewski 17 Street in Kearny, New Jersey, a 18 contractor estimate for sidewalk 19 construction, a description of projects 20 New Jersey Department of Transportation 21 has slated for 2008, a New Jersey DOT 22 diagram and a memorandum of law 23 concerning the issue of jurisdiction. 24 Mr. Chairman, may I provide 25 copies to anyone who does not have them if 12 1 anyone does not? 2 CHAIRMAN FITZGIBBONS: What was 3 that date? 4 MR. BERGER: February 19, 2008. 5 We had it hand delivered to your secretary 6 that day. 7 DIRECTOR MARKS: Mr. Chairman, 8 the letters that Mr. Berger is referencing is 9 in your packet. It has a red R at the top of 10 it. It should be in everybody's packet. 11 CHAIRMAN FITZGIBBONS: Director 12 Marks, did you review this? 13 DIRECTOR MARKS: Yes, I did. 14 CHAIRMAN FITZGIBBONS: Did the 15 engineering department review it, too? 16 DIRECTOR MARKS: This is 17 probably the first time that Mr. 18 Arencibia is seeing the letter. This is 19 dated yesterday's date when we received 20 it. 21 I probably would like to reserve 22 my comments until the applicant speaks. 23 CHAIRMAN FITZGIBBONS: Okay. 24 Go ahead, but I want our 25 engineering department to read it. 13 1 MR. BERGER: Absolutely, sir. 2 The other thing that I have 3 which we just got today were letters from our 4 two tenants who were at this subdivision 5 confirming certain facts, stating that none of 6 their employees live within a mile of this 7 site, none of their employees walk to work, 8 none of their employees use a bus that would 9 stop on any county road to get to work, none 10 of their employees do anything other than 11 carpool or drive to work. 12 I have a letter from the Pepsi 13 Bottling Group which is one of the tenants and 14 a letter from HD Smith Wholesale Drug Company, 15 the other tenant, and if I could say, Mr. 16 Chairman, I provided before a copy to Mr. 17 Marks. 18 I just wanted to verify for Mr. 19 Marks what we had told your committee which is 20 that these were the facts that we had found 21 out from our tenant. 22 With the Chair's permission I 23 would provide copies to the members. It is 24 two short letters. 25 CHAIRMAN FITZGIBBONS: You can 14 1 come up. 2 Do we mark this into evidence? 3 DIRECTOR MARKS: Mr. Chairman, 4 at this time upon review it appears this 5 letter is acceptable as evidence. 6 With the exception of I would 7 like contact information for Mr. Pellisana to 8 verify status. 9 I have merely a letterhead. I 10 don't have any other information. I don't 11 know what part of the Pepsi Bottling Company 12 he is with. 13 It can be used as advisory, but 14 it would need to be verified by some other 15 document as to the -- I don't mean to doubt 16 Mr. Berger, but the actual existence of a Mr. 17 Pellasandro. 18 I have no heading other than a 19 color coded logo, but we can use it as a copy 20 until verified. I see no problem with that. 21 MR. BERGER: We are very proud 22 of Saw Mill Park. I can tell you that Saw 23 Mill Park is built on a former landfill of the 24 Hackensack Meadowlands Developmental 25 Commission that was never closed. 15 1 We first purchased this land 2 seven years ago, more than seven years ago, 3 July 10, 2001. 4 We cleaned up the landfill. We 5 closed it properly. We did everything that we 6 are supposed to do as a brownfield 7 redeveloper. 8 We took land, this is in a 9 redevelopment area in Kearny, and we made it 10 productive. 11 We established at 670 Belleville 12 Turnpike, a 215,000 plus square foot facility 13 occupied by HD Smith, a wholesale drug 14 company, that put people to work and created 15 jobs and did the right thing for Kearny and 16 Hudson County. 17 We most recently created 135,000 18 plus square foot building occupied by Pepsi, 19 the bottling group of Pepsi Cola which is a 20 delivery facility. That has put people to 21 work, gotten jobs, gotten an area that was a 22 dead area alive and working again for Hudson 23 County and for Kearny. 24 We have a third lot that is now 25 vacant. We are actively marketing it and 16 1 looking for a tenant and we plan to have a 2 third building there. 3 I would like to show you the 4 area that we are talking about. 5 If I can just put this up on the 6 board? 7 CHAIRMAN FITZGIBBONS: Mr. 8 Berger, has that map previously been entered 9 into evidence? 10 MR. BERGER: No. It is a Google 11 Earth map of Schuyler Place and I can have my 12 engineer testify about it. 13 MR. COLLINS: Please label that 14 map and mark it for an exhibit, please. 15 MR. BERGER: A-1? 16 MR. COLLINS: That would be 17 fine. 18 (Complying.) 19 (Map marked as A-1.) 20 MR. BERGER: Thank you, sir. 21 Now, our property is along 22 Barczewski Street which is a street off of 23 Route 7, a state highway also known as 24 Belleville Turnpike. I am sure you are more 25 familiar with it than I am. 17 1 We do not own any land that 2 fronts on Belleville Turnpike. It is 3 important for you to understand that, because 4 one of the things the committee has requested 5 is that we build a sidewalk on property we 6 don't own and we are asking for your help 7 because we are in a difficult situation and, 8 quite frankly, we are at the mercy of this 9 Board, and I am telling you that up front 10 tonight. 11 Barczewski Street is here. 12 Above us going towards Schuyler Avenue is 13 Sellers Street, Bailer Boulevard. 14 Above that, Turvin Road, above 15 that Porete Avenue, and then we get three 16 quarters of a mile away, Schuyler Avenue and 17 that is the county road that is at issue here. 18 What is the nexus between 19 Barczewski Street and three quarters of 20 a mile away on Schuyler Avenue? 21 And I am submitting to you that 22 the nexus that the relationship between these 23 two roads is too insubstantial for this Board 24 to impose jurisdiction and impose requirements 25 on us to build sidewalks or to resubmit plans. 18 1 I want you to understand our 2 position because, as I said, we are at 3 your mercy tonight and I am telling you 4 that is the truth. 5 We have a mortgage with 6 Prudential Insurance Company. We already have 7 incurred thousands of dollars of penalties 8 because we couldn't close our mortgage on time 9 because we couldn't get the subdivision plaque 10 filed on time. 11 We finally got the mortgage 12 closed but we are now going to be in default 13 if we don't get the subdivision plaque that we 14 have with us tonight signed and submitted for 15 filing. 16 So I need to do and I am going 17 to do whatever you tell me that I have to do 18 to get it filed and I am telling you that 19 right now. 20 What is my problem? The 21 committee has asked for three things that I 22 really ask you to reconsider. 23 Thing No. 1. The committee has 24 said they felt they had jurisdiction. 25 However, Mr. Marks and the committee members 19 1 invited us to submit additional information 2 for consideration by the Board as to whether 3 jurisdiction would exist and the additional 4 information was this pedestrian count because 5 what we did was we did a traffic count. How 6 many cars coming out of our facility on 7 Barczewski Street get up to Schuyler Avenue. 8 And what we found was peak, peak 9 time in the morning, six cars, and we don't 10 even know that any of those cars actually go 11 on Schuyler. 12 What we know is that they go in 13 that direction and up by that intersection. 14 Either they stay on the State 15 highway or some of them may turn. But the 16 worst case is six cars. That's not really 17 much of a nexus. 18 And the morning area, one car 19 comes west from Schuyler down towards 20 Barczewski Street. One car. 21 In the evening hours we had two 22 cars going east from Barczewski Street to 23 Schuyler and four cars heading west down 24 Bergen from Schuyler to Barczewski Street. 25 So there wasn't a lot of nexus 20 1 there for traffic, and the concern that the 2 committee expressed was based on anecdotal 3 experience, not evidence. 4 And it was that one of the 5 members, I think Mr. Marks, had said he drives 6 by a lot and he sees pedestrians in the street 7 and the concern is are we endangering these 8 people by not having sidewalks that run along 9 the State highway. 10 Not on Schuyler, you have got 11 sidewalks on your county roads. We don't need 12 to put sidewalks there. But the concern is as 13 you go past the cemetery here and down past 14 Turvin and Sellers Street and all of that, do 15 we need sidewalks. 16 And so what we have been asked 17 to do here is to build a sidewalk on land we 18 don't own that is owned by the city of Kearny 19 that is a 50 foot strip along Barczewski 20 Street. 21 But the thing about this is it 22 is not between our street and the county road. 23 The sidewalk that we are being asked to build 24 on property we don't own is in the opposite 25 direction. 21 1 So as not facilitate anybody 2 walking from Schuyler Avenue down to 3 Barczewski Street. It wouldn't help a thing. 4 Plus, there is no sidewalks at 5 all along the entire length of this Route 7, 6 so what we would be creating, I would 7 respectfully submit, and I am no planner, but 8 is an island, a sidewalk island going nowhere 9 connecting to nothing, but inviting people -- 10 an implied invitation for people to come out 11 and walk here and, if they do, they are 12 stranded and they have no place to go but in 13 the street and that is not what you want, I 14 don't think. 15 So where are we? 16 I am really at this point -- and 17 I am going to put Mr. Bartels on and 18 then I am going to be quiet and I 19 appreciate the courtesy you have given 20 me listening. 21 Where we are is this. We are 22 begging you not to assert jurisdiction. 23 There isn't pedestrian traffic 24 or car traffic that creates a sufficient 25 nexus. 22 1 We have given you a memorandum 2 of law that clearly shows that as a matter of 3 settled law, appellate division ruling, there 4 is not enough here for the county to bother 5 asserting jurisdiction over a dead end street 6 off a state highway three quarters of a mile 7 away from the closest county road. 8 But assuming that you say no, 9 you know what, Mr. Berger? You are wrong. 10 Let's face it, if I have a development in New 11 York City you may get two pedestrians from my 12 development or two cars from my development on 13 Schuyler. 14 You wouldn't assert jurisdiction 15 over a New York City development, why should 16 you assert jurisdiction over mine with no 17 evidence over that and only anecdotal 18 evidence? 19 And thanks to Mr. Marks, he 20 invited us and told us how to do this 21 pedestrian count so that we could bring you 22 evidence, competent evidence on the issue of 23 jurisdiction. 24 But listen. If you are telling 25 me I am wrong and that you feel you have 23 1 jurisdiction, then I am asking you, I am 2 pleading with you to do one other thing for 3 me. 4 I will build the sidewalk, I 5 will go to the town. I don't care. We have 6 an estimate. It cost 9,000 dollars. 7 We are at risk of brownfield 8 redevelopment, we who tried to do everything 9 right, now here hat in hand. You have got us. 10 I hope you don't squeeze us. 11 We need to get this site plan 12 filed. I will agree as a condition if you 13 have jurisdiction, I will pay the 9,000 14 dollars to the town. I will pay the 9,000 15 dollars to Hudson County, I will go to the 16 town to try to build the sidewalk. 17 I will give you an as-built 18 survey of the sidewalk after we build it. I 19 will do whatever you want. But please sign 20 the subdivision plaque so I can get it filed. 21 And what I have a problem with 22 is that the subcommittee has recommended our 23 application be deemed incomplete, that we be 24 told that we have to redo the subdivision 25 which New Jersey Meadowlands Commission has 24 1 already signed off on and has approved and 2 which the town of Kearny has signed off on and 3 approved. 4 It would mean that I have to go 5 back with a new plan, bring it back to the 6 Meadowlands Commission to get them to review 7 it again just because I am putting a sidewalk 8 on it and then I have to get public hearings 9 before Kearny and you are going to put me in 10 default of my mortgage and I know that is not 11 the right thing and I know that is not what 12 you want. That is not why you are sitting on 13 a Planning Board for Hudson County to do. 14 We are meeting with you, if you 15 assert jurisdiction, and I respectfully submit 16 you shouldn't, that at least you give us an 17 approval with the condition and make the 18 condition whatever you want, that we will try 19 to build a sidewalk and if we haven't built a 20 sidewalk and given you a survey within 120 21 days then we are to submit to Mr. Marks's 22 satisfaction proof that we tried, that we did 23 the best we could, and we will pay you a 24 sidewalk fund for whoever you want us to pay 25 for the 9,000 dollar cost of doing it. 25 1 CHAIRMAN FITZGIBBONS: 2 Commissioner Munoz? 3 COMMISSIONER MUNOZ: I have -- 4 this site, can you explain why you are 5 building there? Give me some information so I 6 know what is going on in there. 7 MR. BERGER: Okay. What you are 8 seeing along Barczewski Street, this is from 9 Google Earth so it is kind of an old map. 10 What you are seeing is an 11 existing old building not owned by us now 12 located -- and was located there when we 13 bought the property, and seven years ago we 14 bought this section of property which was a 15 landfill. 16 And then in 2006 we closed after 17 three years of negotiation on this piece, this 18 green piece that you see back here. 19 All of this was a landfill. 20 That was Hackensack Meadowlands landfill that 21 had never been closed. 22 We did remediation here along 23 Barczewski Street and now we have done 24 remediation here. 25 Mr. Bartels, can I grab the site 26 1 plan from you? 2 Now, let's see if I can get this 3 to work. Why is it everything I put up turns 4 upside down the first time I put it up. 5 Now I had it right side up. 6 Okay. There we go. 7 And now this is showing you the 8 lower part of Barczewski Street. Over 9 here we initially created a building 10 called HD Smith. We gave it an address 11 of 670 Belleville Turnpike. That is the 12 215,000 square foot building. It houses 13 one of the largest independent drug 14 supply houses in the United States, HD 15 Smith. Very involved, very intricate 16 system of disbursing very small drugs 17 and things you would buy in a drugstore, 18 toothpaste, things like that. They 19 supply those things. 20 Over here -- 21 MR. COLLINS: Can you please 22 identify that for the record. 23 MR. BERGER: This is the actual 24 subdivision plaque. I am sorry, I should have 25 said that. 27 1 Over here you see we have broken 2 these two lots and this part over, plus the 3 top part which is on this next map, plus this 4 top part here all went to Pepsi Bottling 5 Company. 6 Now, Pepsi created the situation 7 where they wanted to have distribution route 8 trucks that are using this facility so we 9 built 115,000, I think it is, square foot 10 building here that is just a big warehouse 11 facility where they store all the bottles and 12 stuff, and then this is like a parking area 13 for their route trucks, and back here is 14 called the drainage system that they have. 15 It is a very complicated -- you 16 all know what the drainage is like along this 17 area of Belleville Turnpike. 18 It was a very complex drainage 19 facility with the drainage basin back here 20 approved by the DEP. 21 The last lot is this piece here 22 that is a vacant lot. So it is a relatively 23 small portion of the property that is not yet 24 developed. 25 So I hope I have answered -- oh. 28 1 And part of this, this part of Barczewski 2 Street is vacant so that we could create a 3 single facility for Pepsi, because Pepsi on 4 the route trucks, they want to have a checking 5 booth so that as trucks come in and out they 6 could check it and control access, so we had 7 to use this street as really their private 8 driveway now. 9 Have I answered your question? 10 COMMISSIONER MUNOZ: You are 11 trying to apply for a subdivision on the 12 property? 13 MR. BERGER: The only reason we 14 had to do a subdivision is that these lines 15 you see, these are all very small lots and 16 what we did was we had to create just three 17 lots. One for the HD Smith building, one for 18 the Pepsi building, and one for the other lot. 19 We are not subdividing anything, 20 we are amalgamating three lots into three 21 larger lots. 22 And that is all that the 23 subdivision application is. 24 COMMISSIONER MUNOZ: So he came 25 before the Board for the subdivision 29 1 application and it was denied in the past? 2 CHAIRMAN FITZGIBBONS: Not by 3 us. The problem is -- I have a question to 4 Director Marks. 5 None of that property abuts a 6 county property? 7 DIRECTOR MARKS: Right. 8 CHAIRMAN FITZGIBBONS: Any 9 county sewage there? 10 DIRECTOR MARKS: That is 11 correct, Mr. Chairman. The statute, the 12 county planning act gives jurisdiction to 13 county planning boards regarding subdivisions 14 which affect county roads and drainage 15 facilities, not along -- not a -- it 16 distinguishes -- the statute distinguishes 17 site plans from subdivisions where the 18 subdivision application -- all subdivisions 19 have to come before the Board which affect 20 county roads, traffic facilities, traffic 21 circulation, drainage, so on and so forth. 22 CHAIRMAN FITZGIBBONS: Isn't 23 there is a limit of two hundred square feet, 24 two hundred feet? 25 DIRECTOR MARKS: Mr. Chairman, 30 1 it is affected and the statute doesn't 2 distinguish minor affecting versus major 3 affecting. It is affecting. 4 Mr. Chairman, I have lived in 5 Kearny not far from this spot maybe another 6 mile to the west for the last 16 years, and I 7 have worked for the county for the last 15 8 years. 9 I take the Belleville Pike, 10 Turnpike, Route 7, past this site five days a 11 week for the last 15 years. 12 I could tell you that until this 13 site was developed I never saw pedestrians on 14 the side of the road. 15 And I totally commend Russo 16 Development, they did a great job taking a 17 former brownfield, making it into a warehouse 18 and commercial facility. 19 They did a good thing for the 20 town of Kearny, for the Meadowland district, 21 for the County of Hudson. I totally commend 22 them, kudos to them. 23 However, in my daily journey to 24 work past this site I could honestly tell you 25 I see pedestrians walking on the side of the 31 1 road and I could tell you I see it every day 2 in the morning. 3 There is an industrial complex 4 that is immediately to the west of this site. 5 I believe it is called Turvin Road and Sellers 6 Road. It is a larger industrial complex. 7 There are many -- I haven't done 8 a count so I can't -- this isn't an 9 affirmation or a solemn oath, there are many 10 dozens of people, maybe hundreds of people who 11 take New Jersey Transit, the No. 39, the No. 12 76 and the No. 40 from either Newark Penn 13 Station or other points. 14 They get off at Kearny Avenue 15 and Davis Street and they walk along, they 16 basically take the local streets to Schuyler 17 Avenue and take Schuyler Avenue to the 18 Belleville Pike or back along Turvin Road 19 which is a private industrial road and they 20 are now exiting at Turvin Road and going to 21 these sites. 22 I haven't done a pedestrian 23 count, I can't say whether it is the Pepsi 24 Bottling Company or Russo Development or 25 Poland Spring, but there are four out of five 32 1 days a week I see pedestrians and these are 2 people who are working in those warehousing 3 and commercial facilities. 4 CHAIRMAN FITZGIBBONS: That 5 facility there? 6 DIRECTOR MARKS: Yes. Besides 7 the Russo Development and Poland Spring, there 8 are no other places further east from this 9 general development site that triangle, 10 essentially. 11 Mr. Chairman, the triangle is 12 bounded by the Belleville Pike which is a 13 state highway, the Harrison Kingsland line 14 which is an abandoned railroad, I believe New 15 Jersey Transit owns it which runs north to 16 south approximately and then the former 17 Boonton line which is also a railroad. 18 The site that is in question 19 here is this property here, the Pepsi Cola 20 Bottling Company which is back here, and they 21 are making way for development here and I can 22 honestly tell you, until the developments 23 commenced I never saw pedestrians walking 24 along the side of the road. I am sorry. 25 CHAIRMAN FITZGIBBONS: I got a 33 1 question. The county has nothing to do with 2 that road. The municipality of Kearny, they 3 said the municipality of Kearny owns that 4 road, owns that sidewalk. 5 DIRECTOR MARKS: Mr. Chairman, 6 it is a state highway. 7 CHAIRMAN FITZGIBBONS: Then the 8 state -- if there is a problem, the state 9 should look into doing something about that. 10 DIRECTOR MARKS: Mr. Chairman, 11 to be honest with you, the state doesn't have 12 the money to do the necessary improvements. 13 The pedestrian circulation that 14 is generated by this site I think warrants 15 having sidewalks put in for the health, 16 safety, benefit and welfare of pedestrians. 17 You wouldn't think -- they 18 wouldn't think of developing that property 19 without paving Barczewski Street, and similar 20 to the automobile and truck traveling public, 21 I think that sidewalks are necessary for the 22 pedestrians, for the workers who are working 23 in these plants. 24 COMMISSIONER MUNOZ: This is a 25 site that is going to create jobs, it has 34 1 created jobs, right? 2 MR. BERGER: Yes, sir. 3 COMMISSIONER MUNOZ: We are 4 going into an issue that I don't think the 5 county should go into. This should be 6 something -- one question. 7 Was this approved by the 8 township of Kearny? 9 MR. BERGER: Yes. The town of 10 Kearny approved this -- not only them, the New 11 Jersey Meadowlands Commission both looked at 12 this, approved it in every respect and did not 13 ask for sidewalks, and had they, they would 14 have had them. 15 And I will say this, too. 16 Kearny had the letter from the committee 17 suggesting sidewalks which was given to Kearny 18 before the Planning Board approved this 19 subdivision and they found they didn't want 20 sidewalks there. They didn't ask us for 21 sidewalks. 22 COMMISSIONER MUNOZ: This is an 23 issue of the municipality of Kearny. I don't 24 think this Board should get involved on 25 whether there should being sidewalks there. 35 1 This is something up to the 2 Planning Board of Kearny. This is a site that 3 is going to create jobs for the county. 4 This is a site -- I don't see a 5 point where we should add more bureaucracy in 6 front of all these plans and stop his 7 application from going through. 8 Now, the issue here is whether 9 this Board should give jurisdiction over the 10 subdivision or not. 11 CHAIRMAN FITZGIBBONS: We have 12 jurisdiction over all subdivisions of the 13 county. 14 But the problem here is as I 15 look at this, that is a state highway and the 16 State of New Jersey had known the development 17 is going to continue to be built there, it is 18 going to get more and more. 19 Up farther is Schuyler Avenue, 20 but the State Department, the State of New 21 Jersey should say listen, you are going to 22 develop there and you are abutting a state 23 highway, it should fall on the state 24 jurisdiction. 25 It shouldn't fall on, I feel, 36 1 under the county jurisdiction which is half a 2 mile, quarter mile away. 3 MR. BERGER: Three quarters. 4 CHAIRMAN FITZGIBBONS: Three 5 quarters mile away. And why -- I mean I don't 6 understand. 7 I think if they knew that the 8 development is going on around that highway, 9 the State of New Jersey should request that 10 that whole -- that it is going to be developed 11 over a ten year period should request that all 12 property abutting that state highway should 13 have sidewalks. 14 COMMISSIONER AVAGLIANO: I have 15 a question. These people you see walking back 16 and forth, where are they going? 17 DIRECTOR MARKS: To work. 18 COMMISSIONER AVAGLIANO: To a 19 factory or something? 20 DIRECTOR MARKS: There is a 21 warehousing facility, a commercial facility. 22 I assume they are not there -- I 23 assume, the way they are dressed, I assume 24 they are not there for recreation purposes out 25 for a morning jog. 37 1 These are people wearing 2 dungarees, blue jeans, sweat shirts, caps. 3 CHAIRMAN FITZGIBBONS: How many 4 employees are employed with the Pepsi Company 5 and the -- 6 MR. BERGER: I don't know the 7 exact count, but this is why I got you the 8 flyers I handed out to you because we wanted 9 to address these issues, are they Pepsi 10 employees, HD Smith. 11 Let me very briefly read to you 12 what Pepsi said, and HD Smith. 13 "We do not have any employees 14 who live within one mile of our facility and 15 none of our employees walk to work from their 16 homes. 17 "We have adequate parking for 18 all of our employees and they all commute 19 either singly or in car pools to and from 20 work. 21 "We are not aware of any of our 22 employees who utilize the bus stops along 23 Schuyler Avenue and who then walk three 24 quarters of a mile from the bus stop to work. 25 "We have no employees who 38 1 bicycle two or from work." 2 So while I never would doubt 3 what Mr. Marks said, or his good faith, 4 and I am certainly not doing so here, I 5 think that frankly when you are on your 6 way to work it is a little different. 7 And Mr. Marks generously said to 8 us at the last meeting look, I am not an 9 expert and I wasn't doing traffic counts, he 10 invited us to get a traffic count. 11 So we hired an engineer and the 12 engineer did the traffic count during a normal 13 business day and there aren't these employees. 14 There is nobody walking there. 15 We did a traffic count from six 16 in the morning to nine in the morning and what 17 we got from six to nine in the morning, 18 three-hour period in terms of people walking 19 to or from our site, was six. A total of six 20 people. 21 We don't know if they came three 22 quarters of a mile, we just know they walked 23 past Barczewski Street coming from the 24 direction of Schuyler. 25 Six total out of really hundreds 39 1 of employees. I don't know the exact number 2 that work there. 3 In the evening, rush hour, if we 4 had four, four people walking towards Schuyler 5 Avenue, that is it. 6 CHAIRMAN FITZGIBBONS: How many 7 parking spots? 8 MR. BERGER: Mr. Bartels 9 corrected me. There is one person. 10 Only one person, not four. 11 CHAIRMAN FITZGIBBONS: How many 12 parking facilities are for the employees over 13 there? 14 MR. BERGER: I apologize, I 15 don't hear well. 16 CHAIRMAN FITZGIBBONS: How many 17 parking facilities? 18 MR. BERGER: The parking would 19 be -- there are 211 spaces, parking spaces for 20 employees. There are 218 parking spaces for 21 the HD Smith building, and for the Pepsi 22 building there is 139 spaces. 23 CHAIRMAN FITZGIBBONS: Most of 24 them commute to work? 25 MR. BERGER: Their employers 40 1 said all of them do. 2 What Mr. Marks may be seeing, he 3 may be seeing people -- this Turvin Road and 4 Sellers Street are much more heavily developed 5 than our property which is about almost I 6 guess three tenths to a quarter mile away. 7 Maybe he is seeing activity 8 here, maybe food trucks, maybe people are 9 getting food, I don't know, but -- and also 10 Porete Avenue is pretty busy. 11 I don't think much is going on 12 at Bailer because that is the landfill. Just 13 trucks go in there. 14 CHAIRMAN FITZGIBBONS: What 15 would you say? 16 COMMISSIONER ARENCIBIA: Let's 17 get back to the basics here. While you are up 18 here, you are here for a subdivision? 19 MR. BERGER: Yes, sir. 20 COMMISSIONER ARENCIBIA: I think 21 you mentioned you were going to subdivide into 22 three lots. 23 MR. BERGER: Yes, sir. 24 COMMISSIONER ARENCIBIA: How 25 many lots do you have now? 41 1 MR. BERGER: Right now we have 2 in Block 150 A, we have Lots 44 through 51. 3 COMMISSIONER ARENCIBIA: How 4 many is that? 5 MR. BERGER: Eight lots. And we 6 have three lots on the south side of 7 Barczewski Street, so that is a total of 8 eleven lots that we are beginning to make 9 three. 10 COMMISSIONER ARENCIBIA: The 11 sole purpose is to subdivide the lots to 12 assign them to HD Smith, Pepsi and what was 13 the other one? 14 MR. BERGER: And the other one 15 is a vacant property we are marketing. We 16 don't have a tenant. 17 COMMISSIONER ARENCIBIA: You are 18 going to be developing that property? 19 MR. BERGER: We already are 20 doing site work. 21 COMMISSIONER ARENCIBIA: The two 22 other ones are going to remain as they are 23 now? 24 MR. BERGER: Yes, sir. 25 COMMISSIONER ARENCIBIA: And the 42 1 third lot is already approved for development 2 by the Meadowlands Commission in town? 3 MR. BERGER: Yes. We don't have 4 final building plans, but everything is 5 approved by the town and we have actually put 6 in the storm system, the storm water system, 7 we have tied it all in, all three lots. 8 Also from the New Jersey 9 Meadowlands Commission's zoning lot of 10 records, they advertise the three lots 11 together and treat them as one zoning lot of 12 record. 13 COMMISSIONER ARENCIBIA: And the 14 type of development for the third lot is? 15 MR. BERGER: Industrial. 16 Because with the brownfield development you 17 can't put residential there. 18 It is a capped site, landfill, 19 so we have to have purely an industrial kind 20 of development. 21 COMMISSIONER ARENCIBIA: And you 22 said you don't have any client already lined 23 up for that third? 24 MR. BERGER: We are marketing 25 aggressively and we will tell you what hurts 43 1 us, is the flooding along Route 7. It is hard 2 to get commercial customers. 3 We took a chance when we did 4 this because it is difficult to actually 5 market it with the flooding conditions that we 6 had to deal with. 7 CHAIRMAN FITZGIBBONS: Any 8 others? 9 DIRECTOR MARKS: Just to follow 10 up on a couple issues that came up, Mr. 11 Berger, did Russo Development file or receive 12 a highway access permit from the State 13 Department of Transportation? 14 MR. BERGER: No, because we 15 don't own any land. That is on the state 16 highway. 17 DIRECTOR MARKS: Right. 18 MR. BERGER: So we had nothing 19 to do with that. I believe we did get a state 20 highway permit to put curbing there where 21 Barczewski Street meets the state highway. 22 So we did certainly speak to the 23 Department of Transportation. Of course the 24 Meadowlands Commission is a state agency as 25 well. 44 1 DIRECTOR MARKS: And Mr. Berger, 2 the -- that's all. 3 Mr. Chairman, it is only 4 anecdotal, in the last few weeks, probably the 5 last month there was a senior citizen, it is a 6 different site, but I am very sensitive to 7 this myself. 8 There was a senior citizen hit 9 and killed on Kennedy Boulevard by Manhattan 10 Avenue and there was another worker who was 11 struck on Paterson Plank Road. 12 I am very sensitive in terms of 13 pedestrian's safety as far as people being 14 able to cross, whether it is a county road or 15 a state road, being able to walk along heavily 16 trafficked roads in relative safety. 17 Mr. Berger also said that there 18 was -- it is poorly drained and I could tell 19 you whenever -- probably whenever it rains and 20 it takes a couple of days to adequately drain 21 this area, but whenever it rains and for the 22 few days after there is ponding on the side of 23 the road by this property. 24 There are no sidewalks past -- 25 going east from the railroad trestle, the 45 1 Harrison Kingsland line railroad trestle, so 2 the pedestrians are forced to walk out in the 3 roadway probably about three feet in the 4 shoulder area, not the actual roadway, but the 5 paved shoulder within about three feet of the 6 cars. 7 This is a state highway, there 8 are cars going and truck traffic going at 9 pretty fast speeds and I could tell the Board 10 it is not going to be a matter of if, it is 11 going to be a matter of when you are going to 12 be reading about a fatality in the papers. 13 That is my concern. I am 14 expressing that concern to the Board and the 15 Board could either accept that or reject that. 16 COMMISSIONER MUNOZ: I remember 17 I used to work in one of the hotels in the 18 Meadowlands and the stadium is over there. 19 The Giants Stadium. 20 People used to walk over Route 21 3 and go into the stadium walking, and I 22 think a couple people got killed on Route 3 by 23 doing that. 24 But that is something that had 25 to do with a person. 46 1 You know if you go over a 2 highway you are running -- you are going to 3 get killed so either use a car or don't walk 4 over a state highway, that is something. 5 CHAIRMAN FITZGIBBONS: I am very 6 familiar with that road and actually there are 7 no sidewalks on that road. 8 It does flood not only there, I 9 think up a little further, too. 10 That road is a State highway and 11 I feel the State of New Jersey has to take 12 responsibility to maintain that so that the 13 water and sewerage -- to make sure that people 14 could walk there safely. 15 And I don't think it has to do 16 with Hudson County, I think the State of New 17 Jersey should step up to the plate and take 18 responsibility because more development is 19 going to be there. 20 There is going to be more 21 development in that area because I've seen -- 22 I've travelled that road ever since I could 23 drive so I know what it is. 24 COMMISSIONER CHOFFO: I have one 25 question, Mr. Chairman. 47 1 Mr. Berger, the letter of Steve 2 Marks dated February 14, 2008 has ten items in 3 there. 4 MR. BERGER: Yes, sir. 5 COMMISSIONER CHOFFO: Were the 6 other items addressed by your client? 7 MR. BERGER: I believe that they 8 were, yes. Let me grab my letter. 9 The February 14th letter, Item 1 10 is just an accounting receipt. 11 Item 2, accounting receipt. 12 Item 3 is the assertion of these 13 facts regarding automobile traffic and 14 pedestrians circulation. We have addressed 15 that. 16 Item 4 we have addressed now 17 with the actual traffic, pedestrian count. 18 Item 5 is the recommendation 19 that we install sidewalks if the Board 20 asserts jurisdiction. We are willing to 21 do that, but we are asking you not to 22 require that. 23 Item 6, I can say that the DOT 24 has been notified. A copy of Mr. 25 Marks's letter was sent to the DOT, a 48 1 copy of our response went to the DOT. 2 We had it delivered to them so 3 we are aware all that is going on and Kearny 4 also has been made aware of Mr. Marks's 5 concern and decided to approve the subdivision 6 without concern. 7 Also, by the way, they approved 8 the site plan approval, too, which I 9 think Mr. Marks agrees the county 10 doesn't have authority because they must 11 abut. 12 Item 7, we did revise the plan 13 to include a signature block for the 14 county planner and there is a signature 15 block on the plan. 16 Item No. 8, we have obtained all 17 the state and municipal permits that are 18 required and we got buildings up and people 19 working. 20 The as-built plans upon 21 completion. We certainly have as-built plans 22 that we are preparing. 23 Pepsi was recently completed and 24 when we get that third building up we will 25 provide the as-built plans and Mr. Bartels is 49 1 requiring me -- this is also required by the 2 Meadowlands Commission, as-built. 3 And Item 10, of course if we did 4 any digging we had notified the Board of 5 Public Utilities so, yes, sir, I should 6 have said it more quickly, yes we have 7 addressed the other concerns. 8 COMMISSIONER CHOFFO: Since the 9 town of Kearny any approved this without 10 making them have to put sidewalks in, my 11 feeling is that we shouldn't make this client. 12 I make the motion. 13 COMMISSIONER BETTINGER: I 14 second the motion. 15 CHAIRMAN FITZGIBBONS: We have a 16 motion? 17 COMMISSIONER AVAGLIANO: Yes. 18 DIRECTOR MARKS: Mr. Chairman, 19 on a motion to approve application 2007-050-SD 20 made by Commissioner Choffo and seconded by 21 Commissioner Bettinger, Commissioner 22 Arencibia? 23 COMMISSIONER ARENCIBIA: Aye. 24 DIRECTOR MARKS: Commissioner 25 Avagliano? 50 1 COMMISSIONER AVAGLIANO: Aye. 2 DIRECTOR MARKS: Commissioner 3 Bettinger? 4 COMMISSIONER BETTINGER: Aye. 5 I do not take this vote lightly. 6 I am also very concerned about pedestrian 7 safety, but I don't feel it is your sole 8 responsibility to bear the brunt of this and I 9 really think a letter should be sent to the 10 town of Kearny and the state and leave it for 11 them to do something. 12 DIRECTOR MARKS: Commissioner 13 Mehta? 14 COMMISSIONER MEHTA: Aye. 15 DIRECTOR MARKS: Commissioner 16 Munoz? 17 COMMISSIONER MUNOZ: Aye. 18 DIRECTOR MARKS: Chairman 19 Fitzgibbons? 20 CHAIRMAN FITZGIBBONS: Aye. 21 DIRECTOR MARKS: Mr. Chairman, 22 the motion passes. 23 MR. BERGER: Mr. Chairman, we 24 have until March 8 to have the plaque signed 25 and filed. 51 1 Can I leave it with Mr. Marks? 2 How do I go from here, is what I am asking. 3 DIRECTOR MARKS: If you want to 4 adjourn a couple of minutes I could sign the 5 plaque now or Mr. Berger can wait until the 6 end of the meeting. 7 CHAIRMAN FITZGIBBONS: You will 8 have to wait for the end of the meeting. 9 MR. BERGER: Thank you very 10 much. Thank you all very much. Very much. 11 CHAIRMAN FITZGIBBONS: We have a 12 busy schedule. 13 MR. BERGER: We are greatly 14 appreciative. 15 DIRECTOR MARKS: The next 16 application scheduled for public hearing is 17 2007-073-SP, Roadway Express, located at 78 18 Second Street which is Block 295, Lots 8, 9, 19 10 and 13 in the town of Kearny. 20 MR. SMILEY: Steve Smiley with 21 Roadway Express. 22 DIRECTOR MARKS: Please spell 23 your last name. 24 MR. SMILEY: S-M-I-L-E-Y. 25 (Witness sworn.) 52 1 MR. COLLINS: Just for the 2 record, can you state your qualifications and 3 who you are with. 4 MR. SMILEY: Roadway Express. I 5 am the facility manager where the expansion is 6 going to take place. 7 MR. COLLINS: Thank you. 8 MR. SMILEY: I think they talked 9 to our attorney, Mr. Bennett, and told him he 10 didn't have to be here today. 11 There had been a lot of 12 correspondence going on. 13 I have the traffic analyses and 14 things. I hope they sent that. 15 DIRECTOR MARKS: Mr. Chairman, 16 we have copies of the plans. 17 I had actually spoken with both 18 the attorney for Roadway Express and 19 recommended that -- not that we don't welcome 20 Mr. Smiley, but I recommend the attorney and 21 engineer be present. 22 I do have copies of the plans. 23 CHAIRMAN FITZGIBBONS: You would 24 recommend that the attorney and the engineer 25 be present? 53 1 MR. SMILEY: They told me it 2 wasn't necessary, that is why I am here. 3 CHAIRMAN FITZGIBBONS: You 4 recommended to him that the engineer and the 5 -- and he be represented by counsel, right? 6 DIRECTOR MARKS: Mr. Chairman, 7 the County Planning Board operates under the 8 rules of civil procedure. 9 It is not a prerequisite or not 10 mandatory for applicants to be represented by 11 attorneys, but it is recommended -- under the 12 rules of civil procedure it is recommended and 13 also in order for an expert to testify they 14 have to be accepted as an expert witness by 15 the Board. 16 CHAIRMAN FITZGIBBONS: Are you a 17 licensed engineer? 18 MR. SMILEY: No, I am not, sir. 19 CHAIRMAN FITZGIBBONS: Are you a 20 lawyer? 21 MR. SMILEY: No, I am not. 22 MR. COLLINS: Mr. Chairman, the 23 testimony of Mr. Smiley can only be taken on 24 his expertise and would then be the facility 25 itself and not any traffic impact or drainage 54 1 study or any legal matters that may arise. 2 CHAIRMAN FITZGIBBONS: I would 3 suggest you ask for a postponement. 4 MR. SMILEY: Okay. I request a 5 postponement. 6 COMMISSIONER BETTINGER: I will 7 make a motion. 8 CHAIRMAN FITZGIBBONS: You know 9 who you got to bring back, don't you? 10 MR. SMILEY: Before the town of 11 Kearny we had broughten everybody and I guess 12 our attorney was working with Lee Klein from T 13 & M Associates. 14 DIRECTOR MARKS: Mr. Chairman, 15 the letter was addressed to a John Walsh who 16 prepared the site plans and the traffic impact 17 studies. 18 Mr. Walsh is a licensed 19 professional engineer in the State of New 20 Jersey but he is actually located in Acron, 21 Ohio. 22 And copies of the letter were 23 also faxed to Gary Bennett who is the attorney 24 for the applicant as well as Frank Hammer for 25 Roadway Express. 55 1 I did speak -- I did speak I 2 think it was with Frank Hammer last week and I 3 did recommend that they bring their attorney 4 and their engineer to testify. 5 CHAIRMAN FITZGIBBONS: So you 6 are going to request a postponement? 7 MR. SMILEY: That's all I can 8 do. The information I got said Mr. Bennett 9 received a call from the Planning Board and 10 did not have to attend. 11 DIRECTOR MARKS: That is not 12 true. 13 CHAIRMAN FITZGIBBONS: We have a 14 motion on the floor to postpone. 15 DIRECTOR MARKS: Commissioner 16 Bettinger? 17 COMMISSIONER BETTINGER: Yes. 18 CHAIRMAN FITZGIBBONS: And 19 seconded by Commissioner Munoz. 20 COMMISSIONER MUNOZ: Motion to 21 postpone. 22 DIRECTOR MARKS: Mr. Chairman, 23 on a motion to table or postpone application 24 2002-073-SP made by Commissioner Bettinger and 25 seconded by Commissioner Munoz, Commissioner 56 1 Arencibia? 2 COMMISSIONER ARENCIBIA: Aye. 3 DIRECTOR MARKS: Commissioner 4 Avagliano? 5 COMMISSIONER AVAGLIANO: Aye. 6 DIRECTOR MARKS: Commissioner 7 Bettinger? 8 COMMISSIONER BETTINGER: Aye. 9 DIRECTOR MARKS: Commissioner 10 Choffo? 11 COMMISSIONER CHOFFO: Aye. 12 DIRECTOR MARKS: Commissioner 13 Mehta? 14 COMMISSIONER MEHTA: Aye. 15 DIRECTOR MARKS: Commissioner 16 Munoz? 17 COMMISSIONER MUNOZ: Aye. 18 DIRECTOR MARKS: Chairman 19 Fitzgibbons? 20 CHAIRMAN FITZGIBBONS: Aye. 21 DIRECTOR MARKS: Mr. Chairman, 22 the motion passed. 23 MR. SMILEY: Thank you. 24 DIRECTOR MARKS: Mr. Chairman, 25 the next application scheduled for public 57 1 hearing is application 2008-012-SP, Richard 2 Kocher. 3 Applicant located at 207 Second 4 Street which is Block 177, Lots 18 and 21.2 in 5 the city of Hoboken. 6 MR. BURKE: Good evening, Mr. 7 Chairman and Board. I am going to hand my 8 card to the stenographer. 9 James Burke representing the 10 applicant. 11 Presently this is a largely 12 undeveloped lot. Most of the project is an 13 L-shaped lot. Most of this runs along Second 14 Street, however a piece of it abuts Garden 15 Street and that is why the county has 16 jurisdiction since it is a county road. 17 I have with me the architect 18 James McNeight. It is an eight-unit project. 19 I also have received a letter 20 from Mr. Marks dated February 14th in which a 21 number of conditions were stated and for the 22 record I will state the applicant will comply 23 with these conditions. 24 We can proceed in either asking 25 or answering questions that are directed or we 58 1 can have a presentation on this project, but 2 it is a fairly small project, again only eight 3 units. 4 CHAIRMAN FITZGIBBONS: Could we 5 have a presentation? 6 MR. BURKE: Absolutely. I know 7 you are always interested in Hoboken projects. 8 To my right is James McNeight 9 and I will ask Mr. McNeight to be sworn in and 10 I will qualify him. 11 MR. COLLINS: Spell your last 12 name for the record, please. 13 MR. McNEIGHT: M-c-N-E-I-G-H-T. 14 MR. COLLINS: Mr. McNeight, 15 please raise your right hand. 16 (Witness sworn.) 17 MR. COLLINS: State your 18 qualifications for the record. 19 MR. McNEIGHT: I am a licensed 20 architect in the states of New York and New 21 Jersey and I am a professional planner in the 22 State of New Jersey. 23 MR. COLLINS: Thank you. 24 MR. BURKE: I would ask the 25 chairman to accept him as an expert in 59 1 architecture. 2 Mr. McNeight, could you just 3 explain the site and how it presently exists 4 and I have explained it is an eight unit 5 project proposed. 6 We do have approval from the 7 Hoboken Zoning Board of Adjustment. 8 With that, would you please 9 explain what we intend to do. 10 MR. McNEIGHT: Yes. The site is 11 L-shaped as Mr. Burke said. It's got 25 foot 12 of frontage on the corner of Garden Street and 13 Second Street. It sits on the southwest 14 corner of that intersection. 15 We are going to develop a 16 building that goes the 105 foot length of the 17 side along Second Street and then turns into 18 the center of the block slightly and there is 19 going to be a yard behind the building. 20 The building is four stories 21 tall made out of masonry and copper. It 22 has copper bays on the two sides. It 23 contains eight units. It doesn't have 24 any parking facility. 25 The sidewalk is going to be 60 1 replaced along the whole perimeter of the site 2 and four new street trees are going to be 3 planted. 4 The corner intersection with the 5 barrier free ramps has been recently rebuilt, 6 so just adjacent to that on both sides we are 7 going to replace the sidewalk and replace 8 those trees. 9 That is basically it. It 10 doesn't impact the county land in any way with 11 any kind of a curb cut and, as Mr. Burke said, 12 really it is only 125 foot frontage on the 13 east side of the property that abuts the 14 county road. 15 MR. BURKE: Mr. McNeight, there 16 is no parking in this building? 17 MR. McNEIGHT: There is no 18 parking. 19 MR. BURKE: And I will mention 20 one thing, on the roof there is going to be a 21 solar component. 22 MR. McNEIGHT: We have solar 23 panels on the roof of the building to offset 24 some of the common electrical expenses of the 25 building. 61 1 CHAIRMAN FITZGIBBONS: Thank 2 you. 3 MR. COLLINS: If you could 4 identify the display on the easel and mark it, 5 please. 6 MR. McNEIGHT: It has been 7 marked A-1 previously on another occasion. I 8 guess we can use that again. 9 MR. COLLINS: Fine. 10 MR. McNEIGHT: This is a color 11 rendering just to show the colors of the 12 different materials that we are going to use. 13 And because the building is 105 14 feet long we try to develop the corner piece 15 down on the corner of Second and Garden to 16 appear almost as a separate building from the 17 rest of the building as it proceeds west down 18 Second Street. 19 So this is a color rendering 20 just showing the materials that we are going 21 to use. 22 CHAIRMAN FITZGIBBONS: Thank 23 you. 24 I know the lot that was there 25 and it is an improvement, really. I think 62 1 there was a shack there. 2 MR. McNEIGHT: There is a pretty 3 dangerous shack that is still in the back end 4 of the lot. 5 MR. BURKE: Right now it is 6 being used for parking for use of construction 7 vehicles which is a permitted use but 8 nonconforming, and this brings the building 9 into -- 10 CHAIRMAN FITZGIBBONS: I notice 11 there is multiple dwellings going down there 12 towards Park Avenue. 13 MR. McNEIGHT: Yes. It abuts 14 other residential buildings, correct. 15 COMMISSIONER CHOFFO: Are you 16 going to be combining the lots or are there 17 still going to be two separate lots? 18 MR. BERGER: The lots merge. 19 They merge by law since they will have one 20 structure. 21 COMMISSIONER MUNOZ: You don't 22 have parking on that building, correct? 23 MR. McNEIGHT: Right. 24 COMMISSIONER MUNOZ: Public 25 transportation close by? 63 1 MR. McNEIGHT: The PATH train is 2 not too far away and buses on Washington 3 Street in Hoboken. 4 COMMISSIONER MUNOZ: It was 5 approved by Hoboken? 6 MR. McNEIGHT: Approved by 7 Hoboken and the street it is on is prohibited 8 from having parking, believe it or not. 9 CHAIRMAN FITZGIBBONS: Most of 10 the people probably going to utilize that, 11 that structure, are going to be looking to 12 commute. Only about five blocks away from the 13 PATH. 14 MR. McNEIGHT: Short distance to 15 the PATH train. 16 CHAIRMAN FITZGIBBONS: Forget 17 about finding a parking space there now. 18 Whether you have parking or not you can't find 19 parking. 20 DIRECTOR MARKS: Mr. Chairman, 21 I would now like to turn your attention to 22 Item 4 in my letter dated February 14th. 23 The street which is immediately 24 I believe it is to the south which is Garden 25 Street, the county road actually encroaches 64 1 into the county right of way. 2 So I would just ask, actually 3 direct the applicant and the attorney that 4 they need Freeholder approval for that 5 encroachment. 6 MR. BURKE: We will send a 7 letter with the proper information to counsel 8 for the Board of Freeholders and request the 9 resolution. 10 CHAIRMAN FITZGIBBONS: Most of 11 your encroachments that are along the street 12 infringes, the way the buildings were built 13 years ago. 14 DIRECTOR MARKS: That is 15 correct, Mr. Chairman, and they encroach into 16 the county road also. 17 COMMISSIONER ARENCIBIA: Do you 18 have the site plan with you? 19 MR. McNEIGHT: Maybe I can 20 borrow one. 21 COMMISSIONER ARENCIBIA: Eight 22 foot encroachment and you also need -- this is 23 on the side street, okay. Second Street. 24 MR. McNEIGHT: This is the 25 county road. 65 1 COMMISSIONER ARENCIBIA: Will 2 you be replacing the curb? The curb looks 3 shot. 4 MR. McNEIGHT: Curbs and 5 sidewalks will be replaced. 6 COMMISSIONER ARENCIBIA: Okay. 7 The handicap ramps, I don't know 8 how good they are, but I would mention it 9 looks like the city had done some improvements 10 around there. 11 MR. McNEIGHT: They have been 12 doing all the corners lately. 13 COMMISSIONER ARENCIBIA: If you 14 can avoid that, fine, but definitely the rest 15 of the sidewalk needs to be replaced. 16 MR. McNEIGHT: Bluestone, right? 17 COMMISSIONER ARENCIBIA: Do you 18 know if the handicap ramps have the pads? 19 MR. McNEIGHT: They are orange. 20 COMMISSIONER ARENCIBIA: And the 21 road openings for utilities, where would they 22 be, which street? 23 MR. McNEIGHT: The water, the 24 two water lines, the domestic and the 25 sprinkler water line and the gas line are 66 1 going to be coming from Second Street. 2 It already has a sewer 3 connection off Garden Street that has already 4 been installed, so we are not going to be 5 digging up Garden Street. 6 COMMISSIONER ARENCIBIA: The 7 only permit you will need from the county will 8 be for the curb on Garden Street? 9 MR. McNEIGHT: Correct. 10 COMMISSIONER ARENCIBIA: And you 11 will also need the easement agreement from the 12 County Board of Freeholders. 13 That's all I have. 14 CHAIRMAN FITZGIBBONS: Do we 15 have a motion? 16 MR. COLLINS: I would ask the 17 applicant to locate the bike racks, where they 18 are going to be located on Page Z-2. 19 MR. McNEIGHT: Bike racks? 20 MR. COLLINS: It is on the 21 application, Jim. 22 MR. McNEIGHT: It is on our 23 application? 24 MR. COLLINS: The site plan 25 application says bike racks. 67 1 Being there is no parking 2 garage, it doesn't look like there is any 3 place. 4 Definitely not in the sprinkler 5 room, that would not be acceptable, maybe the 6 meter room. The elevator mechanical room is 7 unacceptable. 8 Where would you recommend bike 9 racks be located? 10 MR. McNEIGHT: That is something 11 I never thought of for this particular 12 project. 13 MR. COLLINS: What Mr. Tridente 14 is referring to, if you look in your package 15 for this evening, the actual application, not 16 the site plans but the application, lists four 17 bicycle racks involved with the project so 18 there is a discrepancy or disparity of the 19 application and the site plan. 20 Just to bring you up to speed. 21 MR. BURKE: Let me clear this 22 up. That was just a typographical error. It 23 says existing zero, proposed zero, and total 24 four. 25 That was just a mistake. I 68 1 apologize, there was a typing error. 2 COMMISSIONER ARENCIBIA: I have 3 one more question. Have you got a permit from 4 the North Hudson Sewer Authority for the 5 connection? 6 MR. McNEIGHT: It had about -- I 7 think it was 15 years ago there was a sewer 8 moratorium in Hoboken and this land owner 9 installed a sewer just prior to that 10 moratorium going into effect so the six-inch 11 sewer that exists connected to the site has 12 been sitting there for 15 years waiting for 13 this building so we don't need a new 14 connection. 15 COMMISSIONER ARENCIBIA: Are you 16 sure about this? Right now there are a lot of 17 flooding issues in Hoboken because there are 18 combined sewers. 19 MR. McNEIGHT: Correct. 20 COMMISSIONER ARENCIBIA: And a 21 lot of development has gone on through the 22 years and everybody who is flushing toilets 23 while it is raining, it floods everything, so 24 I think you need to get some approval from the 25 North Hudson Sewer Authority. 69 1 MR. McNEIGHT: Okay. 2 COMMISSIONER MUNOZ: Is this an 3 area that is known for flooding? 4 CHAIRMAN FITZGIBBONS: We don't 5 flood in there. That is actually -- Second is 6 uphill. When it floods it rolls downtown. 7 COMMISSIONER MUNOZ: The issue 8 with the flood is downtown? 9 CHAIRMAN FITZGIBBONS: Downtown. 10 Mario could tell you that. Very rarely does 11 it flood there. 12 MR. BURKE: I will add, the old 13 garage, the water just hits the garage roof 14 and bounces off. 15 CHAIRMAN FITZGIBBONS: I believe 16 there might have been another structure, a 17 multiple dwelling on the side of that building 18 many years ago. 19 MR. McNEIGHT: It burned. 20 CHAIRMAN FITZGIBBONS: It burned 21 down? 22 DIRECTOR MARKS: I won't speak 23 as an expert, but Mr. McNeight, in your 24 opinion, the construction of the building, 25 will that reduce any rain water runoff based 70 1 on what presently exists on the site? 2 MR. McNEIGHT: It will for sure 3 direct it into the sewer system more directly 4 than it goes in now, but with the combined 5 sewer in Hoboken, all water ends up in the 6 same lotion. Either going down one of the 7 street drains or going down through one of the 8 sewer connections. 9 COMMISSIONER ARENCIBIA: 10 Eventually it all goes out downstream into the 11 downstream areas of the city that is getting 12 flooded. 13 CHAIRMAN FITZGIBBONS: That is 14 about eight, maybe nine blocks down. 15 MR. McNEIGHT: Jackson and 16 Harrison. 17 CHAIRMAN FITZGIBBONS: Jackson 18 and Harrison, which was before anybody, before 19 they built down there and when my family -- it 20 was all meadowlands down there. 21 It was all swamp down on Jackson 22 and Harrison and Marshall Street down where 23 they built that big -- by the triangle. That 24 was all swamp land. Pig farm. 25 I am not that old, but this is 71 1 the story handed down through generations. 2 COMMISSIONER ARENCIBIA: The 3 North Hudson Sewerage Authority has 4 jurisdiction and make sure they approve the 5 sewer connection. 6 MR. McNEIGHT: Okay. I think 7 they did initial initially 15 years ago but we 8 will get that documentation. 9 COMMISSIONER ARENCIBIA: Fifteen 10 years ago is different than what you are doing 11 now. 12 CHAIRMAN FITZGIBBONS: Any more 13 questions? 14 COMMISSIONER BETTINGER: Is this 15 a rental or condominium? 16 MR. BURKE: Condominium, and 17 hopefully the market will improve. 18 COMMISSIONER AVAGLIANO: The 19 colors is what makes the application. The 20 colors. 21 Hoboken is really building up. 22 That is why our chairman is here. 23 COMMISSIONER ARENCIBIA: I make 24 a motion to approve 25 COMMISSIONER MEHTA: I second. 72 1 DIRECTOR MARKS: Mr. Chairman -- 2 COMMISSIONER MUNOZ: One 3 condition, that they get approval from the 4 Freeholder Board. 5 CHAIRMAN FITZGIBBONS: Yes, yes, 6 Freeholder. 7 MR. BURKE: I will expand it to 8 say we will comply with the conditions set 9 forth in the February 14th, 2008 letter from 10 Mr. Marks which includes that commission. 11 COMMISSIONER ARENCIBIA: The 12 conditions are, approval of the letter with 13 the easement agreement with the approval of 14 the North Hudson Sewer Authority and the 15 replacement of the curbs and sidewalks and 16 obtain the county engineers permit as well. 17 CHAIRMAN FITZGIBBONS: On those 18 conditions, do we have a motion? 19 COMMISSIONER MUNOZ: You asked 20 if the motion could change. 21 CHAIRMAN FITZGIBBONS: We have 22 an addendum to the motion he wants to make. 23 MR. COLLINS: You simply can 24 make a motion to accept Mr. Arencibia's motion 25 and proceed accordingly. 73 1 COMMISSIONER CHOFFO: I will 2 make a motion to include Commissioner 3 Arencibia's recommendation in the approval and 4 Freeholder Munoz's request. 5 COMMISSIONER MEHTA: I second. 6 DIRECTOR MARKS: Mr. Chairman, 7 on a motion to conditionally approve 8 application 2008-012-SP made by Commissioner 9 Choffo and seconded by Commissioner Mehta, 10 Commissioner Arencibia? 11 COMMISSIONER ARENCIBIA: Aye. 12 DIRECTOR MARKS: Commissioner 13 Avagliano? 14 COMMISSIONER AVAGLIANO: Aye. 15 DIRECTOR MARKS: Commissioner 16 Bettinger? 17 COMMISSIONER BETTINGER: Aye. 18 DIRECTOR MARKS: Commissioner 19 Choffo? 20 COMMISSIONER CHOFFO: Aye. 21 DIRECTOR MARKS: Commissioner 22 Mehta? 23 COMMISSIONER MEHTA: Aye. 24 DIRECTOR MARKS: Commissioner 25 Munoz? 74 1 COMMISSIONER: Aye. 2 DIRECTOR MARKS: And Chairman 3 Fitzgibbons. 4 CHAIRMAN FITZGIBBONS: Aye. 5 DIRECTOR MARKS: Mr. Chairman, 6 the motion passed. 7 MR. BURKE: Thank you very much. 8 DIRECTOR MARKS: The next 9 application scheduled for public hearing is 10 2008-014-SP, Julius Krasnoff, applicant 11 located at 61-63 Gifford Avenue, Block 1815, 12 Lot 8.F in the city of Jersey City. 13 Mr. Chairman, if I could turn 14 your attention to your packages this evening, 15 I think it is the second item down there, is a 16 letter from the law offices of Brian H. Hafolk 17 located at 323 Madison Street in the city of 18 Hoboken. 19 He is requesting an adjournment. 20 This application has not received the benefit 21 of Jersey city Planning Board or Zoning Board 22 approval yet and he is asking that the 23 application be tabled or adjourned until next 24 month. 25 CHAIRMAN FITZGIBBONS: Do we 75 1 have a motion to adjourn until next month? 2 COMMISSIONER BETTINGER: I will 3 make a motion. 4 CHAIRMAN FITZGIBBONS: Second? 5 COMMISSIONER MUNOZ: I will 6 second. 7 DIRECTOR MARKS: On a motion to 8 adjourn application 20008-014-SP made by 9 Commissioner Bettinger and seconded by 10 Commissioner Munoz, Commissioner Arencibia? 11 COMMISSIONER ARENCIBIA: Aye. 12 DIRECTOR MARKS: Commissioner 13 Avagliano? 14 COMMISSIONER AVAGLIANO: Aye. 15 DIRECTOR MARKS: Commissioner 16 Bettinger? 17 COMMISSIONER BETTINGER: Aye. 18 DIRECTOR MARKS: Commissioner 19 Choffo? 20 COMMISSIONER CHOFFO: Aye. 21 DIRECTOR MARKS: Commissioner 22 Mehta? 23 COMMISSIONER MEHTA: Aye. 24 DIRECTOR MARKS: Commissioner 25 Munoz? 76 1 COMMISSIONER MUNOZ: Aye. 2 DIRECTOR MARKS: And Chairman 3 Fitzgibbons. 4 CHAIRMAN FITZGIBBONS: Aye. 5 DIRECTOR MARKS: Mr. Chairman, 6 the motion passed. 7 Mr. Chairman, the next 8 application scheduled for public hearing is 9 2008-015-SD, Bayonne Local Redevelopment 10 Authority located at Bayonne Harbor Maritime 11 District, Block 404, Lot 2.01 in the city of 12 Bayonne. 13 MR. MAIRELLA: Good evening, my 14 name is Steve Mairella. I am an attorney from 15 McManimon & Scotland and I am here tonight on 16 behalf of Bayonne Local Redevelopment 17 Authority. 18 This application is on for your 19 review pursuant to your subdivision 20 jurisdiction under the county planning act. 21 We submitted our application and 22 before I go any further, in the course of 23 preparing for this evening I saw that my 24 version of the application had an incorrect 25 applicant statement included. 77 1 If the ones that were submitted 2 also have an incorrect applicant statement I 3 want to apologize for the confusion it may 4 have caused to you or your staff. 5 I do have the corrected 6 attachment of the applicant statement and I 7 can provide it to you if you need it. 8 MR. COLLINS: I am sorry, can 9 you please restate your name for the record? 10 MR. MAIRELLA: Steve Mairella, 11 M-A-I-R-E-L-L-A. 12 MR. COLLINS: Thank you. Just 13 for the record's purpose. 14 MR. MAIRELLA: Sure. 15 MR. COLLINS: Mr. Chairman, for 16 the record, given that the matter is exempt 17 and the attorney is here to clarify any 18 misstatement given by mistake and he has 19 addressed the matter before it has actually 20 gone to review, I believe the matter can be 21 heard and we can move forward on this, and as 22 stated by Mr. Marks, it will be exempt in the 23 end. 24 MR. MARIELLA: This application 25 quite simply is an application for a minor 78 1 subdivision that has been submitted to the 2 city of Bayonne Planning Board. 3 Basically it involves a large 4 swath of the peninsula at Bayonne Harbor that 5 is being proposed to be subdivided into three 6 lots, one of which is approximately 153 acres 7 and will be conveyed to the proposed 8 redeveloper of that lot, one of which 9 approximately one acre is being carved out to 10 be conveyed to PSEG as a location for a 11 substation site, and the third lot, the 12 remainder of the parcel, will be at the time 13 renamed. 14 There are no county roads, no 15 county roads impacted or involved in 16 connection with this application. 17 CHAIRMAN FITZGIBBONS: Being 18 that it has no impact on county roads and we 19 -- 20 DIRECTOR MARKS: Mr. Chairman, 21 the difference between the applications that 22 were scheduled earlier for examination and 23 this application is the fact that in the 24 county site plan and subdivision review 25 ordinance, the Board shall hear applications 79 1 involving three or more lots. 2 Unfortunately there is no common 3 definition of a major versus a minor 4 subdivision. 5 Again, each municipality has 6 their own definition of what is a major and 7 minor. 8 The county, to boot, has its own 9 definition, so the definition of a major 10 subdivision, while the application is defined 11 by the city of Bayonne as a minor subdivision, 12 under the county site plan subdivision -- it 13 is arcane, I understand. 14 Under the county site plan, site 15 plan review application, it is considered 16 because it is involving three lots or more, it 17 is considered a major subdivision. 18 It was reviewed by the site plan 19 subdivision review committee. It doesn't 20 appear to impact any county roads or drainage 21 facilities, and I would recommend it be 22 declared exempt. 23 CHAIRMAN FITZGIBBONS: Do we 24 have a motion on exempting the subdivision? 25 COMMISSIONER BETTINGER: I will 80 1 make a motion. 2 DIRECTOR MARKS: I am sorry, I 3 missed that. 4 CHAIRMAN FITZGIBBONS: Mr. 5 Mehta? 6 COMMISSIONER MEHTA: Motion to 7 exempt the application. 8 DIRECTOR MARKS: Made by 9 Commissioner Mehta. 10 COMMISSIONER BETTINGER: Then I 11 will second the motion. 12 DIRECTOR MARKS: Mr. Chairman, 13 on a motion to declare application 2008-015-SD 14 exempt made by Commissioner Mehta and seconded 15 by Commissioner Bettinger, Commissioner 16 Arencibia? 17 COMMISSIONER ARENCIBIA: Aye. 18 DIRECTOR MARKS: Commissioner 19 Avagliano? 20 COMMISSIONER AVAGLIANO: Aye. 21 DIRECTOR MARKS: Commissioner 22 Bettinger? 23 COMMISSIONER BETTINGER: Aye. 24 DIRECTOR MARKS: Commissioner 25 Choffo? 81 1 COMMISSIONER CHOFFO: Aye. 2 DIRECTOR MARKS: Commissioner 3 Mehta? 4 COMMISSIONER MEHTA: Aye. 5 DIRECTOR MARKS: Commissioner 6 Munoz? 7 COMMISSIONER MUNOZ: Aye. 8 DIRECTOR MARKS: Chairman 9 Fitzgibbons? 10 CHAIRMAN FITZGIBBONS: Aye. 11 DIRECTOR MARKS: Mr. Chairman, 12 the motion passed. 13 MR. MAIRELLA: Thank you very 14 much, ladies and gentlemen. 15 CHAIRMAN FITZGIBBONS: Director 16 Marks, do we have any old business? 17 DIRECTOR MARKS: Mr. Chairman, 18 there are, under section 5-D of the agenda, 19 there are applications which were reviewed and 20 administratively approved. 21 As you may recall, the Board a 22 year or two ago passed a resolution vesting 23 the authority to review and improve 24 telecommunication applications where the site 25 plan was in committee, but I would like to put 82 1 these on here to have the full Board codify 2 the approval of the site plan subdivision 3 review. 4 These are three applications. I 5 could read them together if you would like 6 just so it is in the record. 7 CHAIRMAN FITZGIBBONS: Yes, yes, 8 please. 9 DIRECTOR MARKS: And I will send 10 out an approval letter. 11 CHAIRMAN FITZGIBBONS: Yes. 12 DIRECTOR MARKS: Mr. Chairman, 13 applications administratively approved 14 beginning with application 2008-001-SP, Metro 15 PCS New York LLC, located at 235 Hudson Street 16 which is Block 235, Lot 3 in the city of 17 Hoboken. 18 Application 2008-009-SP, Metro 19 PCS New York LLC, located at 8900 Boulevard 20 East which is Block 435 of Lot 4 in the 21 Township of North Bergen. 22 And application 2008-016-16, 23 Metro PCS New York, LLC, located at 7800 River 24 Road which is Block 438, Lot 2.4C22, also in 25 the Township of North Bergen. 83 1 COMMISSIONER CHOFFO: I will 2 make a motion. 3 COMMISSIONER MEHTA: I will 4 second. 5 DIRECTOR MARKS: On a motion 6 made by Commissioner Choffo and seconded by 7 Commissioner Mehta, Commissioner Arencibia? 8 COMMISSIONER ARENCIBIA: Aye. 9 DIRECTOR MARKS: Commissioner 10 Avagliano? 11 COMMISSIONER AVAGLIANO: Aye. 12 DIRECTOR MARKS: Commissioner 13 Bettinger? 14 COMMISSIONER BETTINGER: Aye. 15 DIRECTOR MARKS: Commissioner 16 Choffo? 17 COMMISSIONER CHOFFO: Aye. 18 DIRECTOR MARKS: Commissioner 19 Mehta? 20 COMMISSIONER MEHTA: Aye. 21 DIRECTOR MARKS: Commissioner 22 Munoz? 23 COMMISSIONER MUNOZ: Aye. 24 DIRECTOR MARKS: And Chairman 25 Fitzgibbons? 84 1 CHAIRMAN FITZGIBBONS: Aye. 2 DIRECTOR MARKS: Mr. Chairman, 3 the motion passed. 4 CHAIRMAN FITZGIBBONS: Old 5 business? Do we have any old business? 6 Old business? No? 7 New business? 8 COMMISSIONER MEHTA: I am making 9 a motion to adjourn. 10 CHAIRMAN FITZGIBBONS: All in 11 favor. 12 (Round of Ayes.) 13 (Meeting adjourned.) 14 15 16 17 18 19 20 21 22 23 24 25