1 1 HUDSON COUNTY PLANNING BOARD 2 IN RE: ) ) TRANSCRIPT OF 3 MONTHLY MEETING ) PROCEEDINGS: ) 4 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _) Administration Annex 5 567 Pavonia Avenue Freeholders Chambers 6 Jersey City, New Jersey Wednesday, June 15, 2005 7 5:10 p.m. 8 B E F O R E: 9 RENEE BETTINGER, ACTING CHAIRMAN 10 MARY AVAGLIANO, COMMISSIONER 11 JUDE FITZGIBBONS, COMMISSIONER 12 DANIEL CHOFFO, COMMISSIONER 13 BORIVOJ JASEK, COMMISSIONER 14 A L S O P R E S E N T: 15 THOMAS CALVANICO, ESQ., Board Attorney 16 STEPHEN MARKS, Board Secretary 17 Reported By: 18 MICHELLE GRUENDEL, C.S.R. 19 20 21 REPORTING SERVICES ARRANGED THROUGH 22 VERITEXT/NEW JERSEY REPORTING COMPANY, L.L.C. Kabot Battaglia & Hammer Suburban Shorthand 23 Waga and Spinelli Arthur J. Frannicola CSR 25B Vreeland Road 24 Florham Park, New Jersey 07932 Tel: 973-410-4040 Fax: 973-410-1313 25 2 1 CHAIRWOMAN BETTINGER: I would like to 2 call to order the meeting of the Hudson County 3 Planning Board. 4 Counsel, has this meeting been properly 5 advertised? 6 MR. CALVANICO: Yes, Madam Chairman. 7 This public meeting, notice of the meeting was 8 forwarded for publication in the Jersey Journal, 9 notice was also forwarded to the Clerk of the County 10 of Hudson and the Clerk of the Board of Freeholders 11 for posting on those boards as well, and these 12 notices are in compliance with the requirements of 13 the Open Public Meetings Act. 14 CHAIRWOMAN BETTINGER: Can you turn 15 your mike a little bit? 16 MR. CALVANICO: Okay. 17 COMMISSIONER AVAGLIANO: You're fine. 18 CHAIRWOMAN BETTINGER: Mr. Secretary, 19 may we have a roll call? 20 MR. MARKS: Sure. 21 Commissioner Avagliano? 22 COMMISSIONER AVAGLIANO: Here. 23 MR. MARKS: Commissioner Bettinger? 24 CHAIRWOMAN BETTINGER: Here. 25 MR. MARKS: Commissioner Choffo? 3 MONTHLY MEETING 1 COMMISSIONER CHOFFO: Here. 2 MR. MARKS: Commissioner Dublin is not 3 present. 4 Commissioner Fitzgibbons? 5 COMMISSIONER FITZGIBBONS: Here. 6 MR. MARKS: Commissioner Jasek? 7 COMMISSIONER JASEK: Present. 8 MR. MARKS: Commissioner Liggio is not 9 present, Commissioner Mehta is not present and 10 Chairman Holloway is not present. 11 Madam Chair, we have a quorum. 12 CHAIRWOMAN BETTINGER: Okay. Please 13 rise for the Salute of the Flag. 14 (Flag Salute takes place.) 15 CHAIRWOMAN BETTINGER: Commissioners, 16 have you all received the minutes of the last 17 meeting? 18 COMMISSIONER FITZGIBBONS: Yes. 19 CHAIRWOMAN BETTINGER: Can I have a 20 motion to accept? 21 COMMISSIONER AVAGLIANO: Accept. 22 COMMISSIONER FITZGIBBONS: I second. 23 MR. MARKS: Madam Chair, on a motion 24 made by Commissioner Avagliano and seconded by 25 Commissioner Fitzgibbons: 4 MONTHLY MEETING 1 Commissioner Choffo? 2 COMMISSIONER CHOFFO: Aye. 3 MR. MARKS: Commissioner Jasek? 4 COMMISSIONER JASEK: Aye. 5 MR. MARKS: Chairwoman Bettinger? 6 CHAIRWOMAN BETTINGER: Aye. 7 MR. MARKS: Madam Chair, the motion 8 passes. 9 CHAIRWOMAN BETTINGER: Does anyone 10 want to comment on the Agenda this evening? 11 MR. MARKS: Madam Chair, Section 6A, 12 Status of Applications, memorialization of 13 resolutions approved at last meeting: For SP-30-05, 14 WCI Communities, Inc., at 8100 River Road in North 15 Bergen, New Jersey; SP-48-05, Joseph F. Scarbrough, 16 applicant, at 302 First Street in Hoboken, New 17 Jersey; SP-50-05, Port Imperial South, LLC, at Port 18 Imperial Boulevard in Weehawken, New Jersey; and 19 SP-51-05, New Cingular Wireless PCS, LLC, at 70 20 Hudson Street in Hoboken, New Jersey. 21 CHAIRWOMAN BETTINGER: Do I have a 22 motion? 23 COMMISSIONER CHOFFO: I'll make a 24 motion to memorialize these resolutions. 25 COMMISSIONER AVAGLIANO: Second. 5 MONTHLY MEETING 1 MR. MARKS: Madam Chair, on a motion 2 made by Commissioner Choffo and seconded by 3 Commissioner Avagliano: 4 Commissioner Fitzgibbons? 5 COMMISSIONER FITZGIBBONS: Aye. 6 MR. MARKS: Commissioner Jasek? 7 COMMISSIONER JASEK: Aye. 8 MR. MARKS: Chairwoman Bettinger? 9 CHAIRWOMAN BETTINGER: Aye. 10 MR. MARKS: Madam Chair, the motion 11 passes. 12 CHAIRWOMAN BETTINGER: Applications 13 declared to be exempt. 14 MR. MARKS: Madam Chair, for Section 15 6B on the Agenda: SP-57-0 -- it should be five, 16 Sprint Spectrum, LP, at 812-816 Avenue C in Bayonne, 17 New Jersey; SP-60-05, United Auto Group, Inc., at 18 Route 440, Blocks 1290.1 and 1751 in Jersey City; and 19 SP-64-05, New Cingular Wireless PCS, LLC, at 226 20 Hancock Avenue in Jersey City, New Jersey. 21 CHAIRWOMAN BETTINGER: Do I have a 22 motion? 23 COMMISSIONER FITZGIBBONS: I'll make a 24 motion. 25 COMMISSIONER CHOFFO: I'll second it. 6 MONTHLY MEETING 1 MR. MARKS: Madam Chair, on a motion 2 made by Commissioner Fitzgibbons and seconded by 3 Commissioner Choffo: 4 Commissioner Avagliano? 5 COMMISSIONER AVAGLIANO: Aye. 6 MR. MARKS: Commissioner Jasek? 7 COMMISSIONER JASEK: Aye. 8 MR. MARKS: And Chairwoman Bettinger? 9 CHAIRWOMAN BETTINGER: Aye. 10 MR. MARKS: Madam Chair, the motion 11 passes. 12 CHAIRWOMAN BETTINGER: Our first 13 application this evening is SD-46-05, Licinio Santos, 14 423-427 Scott Mobus Place, Harrison, New Jersey. 15 COMMISSIONER AVAGLIANO: Are they 16 here? 17 Come on up. 18 PUBLIC MEMBER: Hi. I'm still 19 waiting. My lawyer still isn't here. 20 CHAIRWOMAN BETTINGER: All right. 21 MR. CALVANICO: All right. We'll hold 22 it, then. No problem. 23 PUBLIC MEMBER: Okay. Thank you. 24 CHAIRWOMAN BETTINGER: I'll move down 25 to SP-56-05, Rozalski Realty. 7 MONTHLY MEETING 1 MR. RINALDI: We're ready. 2 CHAIRWOMAN BETTINGER: Okay. 3 MR. RINALDI: A little surprised. 4 Donald Rinaldi from DiBiasi & Rinaldi in 5 Nutley appearing on behalf of the applicant. 6 What I'm going to do, I have the applicant 7 here tonight as well as the architect and our 8 planner. I was going to have you hear from either 9 the architect or the planner. I don't know if you 10 have any preference as to who you hear from, just to 11 explain the project and ask questions. I guess the 12 architect, you want to -- the architect has the 13 boards and also the samples of the materials that are 14 going to be used. 15 CHAIRWOMAN BETTINGER: Mr. Calvanico? 16 MR. CALVANICO: State your name and 17 affiliation. 18 MR. NASH: My name is Christopher J. 19 Nash. I'm an architect representing the applicant. 20 CHRISTOPHER J. NASH, having been first duly sworn 21 according to law, testified as follows: 22 MR. RINALDI: Mr. Nash, are you 23 familiar with this application? 24 MR. NASH: Yes. 25 MR. RINALDI: And you are, in fact, 8 MONTHLY MEETING 1 the architect on this application? 2 MR. NASH: Yes, I am. 3 MR. RINALDI: Could you briefly 4 summarize and explain the application to the Board? 5 MR. NASH: Okay. 6 MR. NASH: And this was a minor 7 subdivision application before the Board of -- before 8 the Board in Jersey City? 9 MR. NASH: No. It was a site plan 10 application. 11 MR. RINALDI: Site plan application. 12 MR. NASH: The lots are existing lots, 13 two existing lots, that are actually joined together 14 to form one lot. 15 MR. RINALDI: Okay. Can you please 16 explain the project? 17 MR. NASH: Okay. The project is -- 18 currently, the site is a vacant lot on the corner of 19 Seventh Street and Division Street in Jersey City. 20 The proposed project is to develop the lot. It's, 21 it's actually two lots that were consolidated and 22 it's 50 feet wide by 100 feet deep. The proposed 23 project is a four-story combination apartment 24 building and the first level retail commercial, so 25 there would be a total of 12 apartments, four per 9 MONTHLY MEETING 1 floor, and then the retail commercial. We have it 2 set-up for four units, but until we market it and 3 find out what the interest is, it might be four 4 units, it might be two, it might be one, we're not 5 sure on that. It's basically in-fill into an 6 existing neighborhood area. The zone that it's going 7 into is the neighborhood commercial zone, and we've 8 met -- we've been approved by Jersey City. We've 9 gone to Jersey City Planning Board and that approval 10 has been obtained. 11 If I can just turn this around, the 12 elevations of the building -- basically, the building 13 is a brick structure. I have samples of the 14 materials. It's a brick structure with pre-passed 15 lentils over the windows. Basically, at the lower 16 level, there would be aluminum glass windows with 17 fabric canopies, and to give you a feel for the color 18 scheme, this is the brick that we've selected. The 19 fabric canopy will be a dark forest green, the 20 aluminum tubes to the windows will be a matching dark 21 forest green and then limestone colored precast 22 concrete for the lentils. Trash removal, trash 23 containers for the building is enclosed within the 24 building with access to the street. 25 That's pretty much an overview of what the 10 MONTHLY MEETING 1 building is. If you have any questions, I'd be happy 2 to address them. 3 CHAIRWOMAN BETTINGER: Mr. Jasek, do 4 you have any questions? 5 COMMISSIONER JASEK: Madam Chair, my 6 only question is, why we are hearing this case? It's 7 not on any county road. 8 MR. MARKS: Madam Chair, the 9 application was received by the Site Plan and 10 Subdivision Review Committee. According to 11 40:27-6.12, the County Planning Board does have 12 authority over all subdivisions in the County. We 13 heard subdivisions before. This doesn't appear to 14 impact any county roads or county drainage, so we 15 have little authority or say over the site specifics, 16 but it is a subdivision which the County Planning 17 Board does have jurisdiction over. 18 COMMISSIONER JASEK: Thank you. 19 COMMISSIONER CHOFFO: I'm sorry. Did 20 say Jersey City approved it? 21 MR. NASH: Yes. Yeah. That occurred 22 March -- I forget the exact date. There was -- 23 COMMISSIONER JASEK: March 29. 24 MR. NASH: March 21st -- 29th. 25 COMMISSIONER JASEK: 29th. 11 MONTHLY MEETING 1 CHAIRWOMAN BETTINGER: Where is 2 Division Street? 3 COMMISSIONER AVAGLIANO: On the 4 corner -- 5 MR. NASH: Division Street pretty much 6 resides near the turnpike extension. 7 CHAIRWOMAN BETTINGER: Okay. 8 COMMISSIONER AVAGLIANO: Left on 9 Newark Avenue to Seventh Street, it's the first 10 corner. 11 MR. NASH: Correct. 12 CHAIRWOMAN BETTINGER: Do I have a 13 motion to accept this application? 14 COMMISSIONER FITZGIBBONS: I'll make a 15 motion to accept. 16 COMMISSIONER CHOFFO: I'll second it. 17 MR. MARKS: Madam Chair, on a motion 18 made by Commissioner Fitzgibbons and seconded by 19 Commissioner Choffo: 20 Commissioner Avagliano? 21 COMMISSIONER AVAGLIANO: I vote aye. 22 It's an improvement in that area. 23 MR. NASH: Thank you. 24 MR. MARKS: Commissioner Jasek? 25 COMMISSIONER JASEK: Aye. 12 MONTHLY MEETING 1 MR. MARKS: And Chairwoman Bettinger? 2 CHAIRWOMAN BETTINGER: Aye. Good 3 luck. 4 MR. NASH: Thank you. 5 MR. RINALDI: Thank you, very much. 6 MR. MARKS: Madam Chair, the motion 7 passes. 8 Madam Chair, the next item on the Agenda is 9 SP-53-05, Paterson Plank, LLC, which is Block 44, 10 Lots 1-8 in North Bergen, New Jersey. 11 MR. BERTIN: Good evening. I'm 12 Calisto Bertin, the engineer. I've only met one of 13 my clients and I've never met their attorney, and I 14 don't know if we need the attorney, but since we 15 prepared the application and brought it here, I'm 16 prepared to move forward, if it's all right with 17 you. 18 I didn't color it, I apologize, but there's 19 not much to see on this plan. 20 MR. CALVANICO: Can you state your 21 name? 22 MR. BERTIN: Yes. Again, it's Calisto 23 Bertin, B-E-R-T-I-N. I'll spell Calisto. 24 C-A-L-I-S-T-O, B-E-R-T-I-N. 25 CALISTO BERTIN, having been first duly sworn 13 MONTHLY MEETING 1 according to law, testified as follows: 2 MR. CALVANICO: Please give us, 3 indicate your background and -- 4 MR. BERTIN: Sure. 5 I'm a licensed Professional Engineer in New 6 Jersey and several other states. I have been 7 principal of Bertin Engineering for over 19 years. 8 I've appeared before this Board on a somewhat regular 9 basis -- 10 MR. CALVANICO: Thank you. 11 MR. BERTIN: -- as an engineer. 12 This is a piece of property that's about 13 18,000 square feet along Paterson Plank Road. The 14 plan shows that we are between 21st and 22nd Street, 15 but those are unimproved roads. They're just 16 right-of-ways with no improvement on them. 17 This project got approved by the North Bergen 18 Board of Adjustment in October of 2004. What's 19 proposed is a building that occupies approximately 75 20 percent of the property. It's a multifamily 21 building, 40 one bedroom apartments or condominiums, 22 so there's two levels of parking and then four levels 23 of apartments below it. If you can see on the plans, 24 there are two driveways. One driveway goes -- well, 25 Paterson Plank Road is pretty steep, so we've made 14 MONTHLY MEETING 1 use of the topography, and the driveway to the north, 2 which is the lower end, goes to the lower level 3 parking, and the driveway on the south is the upper 4 end of the property and goes to the upper parking, so 5 we have -- and there's no intersection between the 6 two parking lots, so there's about 20 cars on each 7 lot. This site is rather rocky. Just to give you an 8 idea of the grade changes, from one elevation of 115 9 to 158, and it's pretty well, it's pretty much all 10 rock. There's a little vegetation. Well, vegetation 11 has grown. By and large, it's rock, so we're 12 proposed to basically strip the site and redevelop 13 it. What we propose along the county right-of-way, 14 which is about 195 feet long, is to replace all the 15 curbs, and there are no sidewalks there now, and put 16 in all new sidewalks as part of our application. We 17 are putting in street trees, and there are six street 18 trees shown along to make it a nicer street-scape. 19 We are connecting to a drainage system. 20 Mr. Jasek, I was hoping I could get 21 clarification before we came here. I don't know if 22 that's the county's drainage system or it's the North 23 Bergen's drainage system on this street. 24 Do you have any idea? 25 COMMISSIONER JASEK: That is a storm 15 MONTHLY MEETING 1 system, which is County. 2 MR. BERTIN: Okay. Good. 3 COMMISSIONER JASEK: The sanitary 4 sewer, I think it's to combine, belongs to the 5 municipality. 6 Yes? 7 MR. BERTIN: Right. 8 That sanitary sewer combines or runs on the 9 sidewalk right along in front of the property. There 10 is a drainage manhole -- I mean a drainage inlet in 11 front of the site. That happens to be right where 12 our driveway is proposed to go, so we're going to 13 make that into a manhole and then go uphill a little 14 bit further and put in a new drainage inlet, and that 15 connects to the storm drainage system, and we 16 provided drainage calculations to the County. 17 It is heavily -- well, it's lightly wooded, 18 heavily rocked right now, but obviously with the 19 proposed project we're going to increase impervious 20 area or increase the run-off so we have a detention 21 system or, actually, two detention systems to slow it 22 down and slow down the peak rate of run-off, so we 23 actually decrease the peak rate by 40 to 50 percent, 24 depending on the storm, but we do actually reduce the 25 peak rate. There is a little bit of infiltration 16 MONTHLY MEETING 1 provided here. Again, it's rock. There's not much 2 infiltration we can expect, but there's a small area 3 of the site that does go into a seepage point. 4 I'll just come up here. The dark shaded area 5 is the building and then there's an area that 6 surrounds the building which are patios, so the first 7 level apartments actually do have patios out to the 8 back and then the back of the site is where it 9 raises, so we will have a combination of rock face, 10 some rock bolting, maybe some retaining walls and, 11 you know, to address that, but most of that has to be 12 addressed during construction and you'll, I guess 13 you'll see similar things being done on the other 14 side of the hill along River Road where we're doing 15 that on a couple projects in North Bergen right now. 16 That's the project. 17 CHAIRWOMAN BETTINGER: Mr. Jasek, do 18 you have any comments? 19 COMMISSIONER JASEK: Madam Chairman, I 20 remember this project before the Board before, 21 right? 22 MR. BERTIN: Yes. It was here and it 23 had a different applicant's name. Not the, not the 24 applicant. It had the prior property owner's name. 25 We had a work session and then the project sort of 17 MONTHLY MEETING 1 got shelved for a while until they figured out what 2 they were doing, that's why it's been, it's been -- 3 well, October until now, since they got there town 4 approvals. 5 COMMISSIONER JASEK: I see. 6 Any changes from the last design to this 7 one? 8 MR. BERTIN: Only in that it's more 9 engineered now. The first time it came in we just 10 had -- we didn't have a real survey to work from, and 11 so it was vague, at best. There was no utility 12 shown, so it's just been tied up, but basically it's 13 the same building. 14 COMMISSIONER CHOFFO: Could you just 15 show me where the driveways would be? 16 MR. BERTIN: Yes. 17 There are two driveways and the rest of the 18 frontage is all landscaped, and then -- well, it's 19 landscaping and the building. 20 MR. CALVANICO: Can you just have the 21 reporter mark the exhibits, just so the record is 22 clear? 23 MR. BERTIN: The drawing that's been 24 marked A-1 is sheet number four of the site plan set 25 that was submitted with this application. It's 18 MONTHLY MEETING 1 entitled Landscape and Lighting Plan. It has a 2 revision date of April 4, 2005. 3 MR. CALVANICO: Thank you. 4 CHAIRWOMAN BETTINGER: Do any of the 5 other Commissioners have any comments? 6 COMMISSIONER AVAGLIANO: Are there any 7 changes since the first time this whole application 8 came -- 9 COMMISSIONER JASEK: I asked the 10 applicant and he said there are maybe some minor, but 11 basically it stays like it was. It's more designed, 12 progressively designed. 13 MR. BERTIN: The first time this 14 application was submitted it was done without our 15 knowledge and it was done, you know, without real 16 engineer plans, so you couldn't proceed with that 17 plan, so when they realized that they came back to us 18 and we finalized the plans. 19 COMMISSIONER AVAGLIANO: I was just 20 trying to think back, why we rejected that, why we 21 rejected it. 22 COMMISSIONER FITZGIBBONS: I think 23 that it might have been because of the -- 24 COMMISSIONER AVAGLIANO: What was that 25 reason? 19 MONTHLY MEETING 1 COMMISSIONER FITZGIBBONS: -- run-off 2 on the -- 3 CHAIRWOMAN BETTINGER: Mr. Secretary? 4 MR. MARKS: Madam Chair, the plans 5 were never formally presented to the full Board. It 6 was never rejected by the Board. A preliminary set 7 of plans, I think architectural renderings, were 8 submitted back in the Fall of 2004. The Site Plan 9 and Subdivision Review Committee had met with the 10 engineer, Mr. Bertin, as well as the principals from 11 the project. The Committee had asked for, I believe 12 more engineered plans as well as drainage 13 calculations. It took some time before we got those 14 back, and I think the property had changed ownership, 15 so that's why there's an eight or nine month lack 16 between the first time that the Committee had met 17 with them and now, now such time that they're before 18 this Board. 19 COMMISSIONER AVAGLIANO: Revised the 20 first time? 21 MR. MARKS: Correct. 22 MR. CALVANICO: Bob, when we met with 23 the Site Plan Review Committee Dimetrio was there and 24 he mentioned something about a type-J drainage inlet. 25 COMMISSIONER JASEK: Yes. Type-J is 20 MONTHLY MEETING 1 the one which is prescribed with new water quality. 2 It's the inlet with small openings used widely 3 through the County now, as a county standard. If the 4 applicant doesn't have the detail of that, we can 5 provide it. 6 MR. BERTIN: Oh, no. We have that 7 detail. I guess this -- it wasn't called out on the 8 plan and obviously we'll comply with that. 9 MR. JASEK: Yes. 10 MR. BERTIN: You actually -- well, Mr. 11 Marks sent us a letter dated June 3rd with four 12 comments on it. 13 The comments are: Applicant shall install 14 new curbs and sidewalks, as per the plans; applicant 15 shall install type-J curb piece, and we will do that, 16 that's the -- so we don't, so bottles don't wind up 17 in the sewer system; applicant shall plant and 18 maintain six shade trees, and goes on to specify 19 them, and there's a note on the plan that the 20 applicant will maintain these because they are in the 21 county right-of-way; and then the applicant shall 22 obtain all necessary road openings, which, of course, 23 they will. 24 COMMISSIONER CHOFFO: You said that's 25 approved by North Bergen? 21 MONTHLY MEETING 1 MR. BERTIN: Excuse me. 2 COMMISSIONER CHOFFO: North Bergen 3 approved it? 4 MR. BERTIN: Yes. They approved it 5 back in October. 6 CHAIRWOMAN BETTINGER: Any other 7 questions? 8 Do you have a motion? 9 COMMISSIONER CHOFFO: I'll make a 10 motion. 11 COMMISSIONER JASEK: I second it. 12 MR. MARKS: Madam Chair, on a motion 13 made by Commissioner Choffo and seconded by 14 Commissioner Jasek: 15 Commissioner Avagliano? 16 COMMISSIONER AVAGLIANO: I vote aye. 17 MR. MARKS: Commissioner Fitzgibbons? 18 COMMISSIONER FITZGIBBONS: Aye. 19 MR. MARKS: And Chairwoman Bettinger? 20 CHAIRWOMAN BETTINGER: Aye. 21 Thank you. 22 MR. BERTIN: Okay. Thank you, very 23 much. 24 MR. MARKS: Madam Chair, the motion 25 passes. 22 MONTHLY MEETING 1 CHAIRWOMAN BETTINGER: Our next 2 application? 3 MR. MARKS: Madam Chair, if we could 4 revisit the first application, SD-46-05, Licinio 5 Santos, at 423-427 Scott Mobus Place in Harrison, New 6 Jersey. I believe the attorney and representatives 7 are here. 8 MR. SIMOES: Good afternoon. I 9 apologize for my delay, but the traffic got the best 10 of me. I apologize. 11 Good evening. Fausto Simoes, appearing on 12 behalf of the applicant. I have my client and the 13 architect that drafted the plans, and he was the 14 expert witness in our application in Harrison. 15 The only communication I have from your Board 16 is the letter dated June 3rd, 2005, and I'm ready to 17 proceed. 18 I ask that -- I call Joseph Asfour. 19 MR. ASFOUR: Joseph Asfour, A-S, as in 20 Sam, F, as in Frank, O-U-R. I'm a Registered 21 Architect, Licensed Professional Planner, State of 22 New Jersey, and both my licenses are current and in 23 effect and I have appeared before this Board before. 24 JOSEPH ASFOUR, having been first duly sworn according 25 to law, testified as follows: 23 MONTHLY MEETING 1 MR. SIMOES: I ask that you accept Mr. 2 Asfour as an expert. 3 Mr. Asfour, are you familiar and were you 4 involved in the drawings of these plans? 5 MR. ASFOUR: Yes, sir. 6 MR. SIMOES: Could you give us a 7 review of what we are asking to do here? 8 MR. ASFOUR: Okay. Scott Mobus Place 9 is just off of Frank E. Rogers Boulevard in 10 Harrison. It's a dead end street. It dead ends on 11 Conrail, close to the borderline of Kearny and 12 Harrison. 13 What we're doing here is we're removing two 14 existing dilapidated buildings that are beyond repair 15 and we're utilizing the three lots that exist, 16 without any great reconfigurations, and it's for 17 residential. The existing surrounding area is also 18 residential in nature, and we have front yard 19 setbacks, rear yard setbacks. The only two variances 20 that we -- no. The only variance we requested from 21 Harrison was an air conditioning encroachment into 22 the rear yard setback and one-half car variance, 23 which is a deminimus variance. Both variances were 24 granted and we are now here before you because Scott 25 Mobus Place dead ends, as I said, and this is the 24 MONTHLY MEETING 1 approximate configuration we have taken from the 2 survey, and that's the only reason we're here. As I 3 said, this is basically a very residential 4 neighborhood. Our key plan indicates that. We're 5 all perpendicular to a primary or collector road and 6 it just, Scott Mobus Place dead ends at Conrail. 7 MR. SIMOES: And the construction of 8 these two-family houses are appropriate considering 9 the neighborhood? 10 MR. ASFOUR: Yes, it is. 11 MR. SIMOES: Do you believe it is 12 detrimental to that neighborhood, to build these two, 13 three houses? 14 MR. ASFOUR: Not detrimental 15 whatsoever. If anything, I'd say it's within the 16 intent of the Master Plan of both Harrison, since 17 they approved it, and also to promote good housing in 18 Hudson County. 19 MR. SIMOES: I have no other 20 questions. 21 CHAIRWOMAN BETTINGER: Commissioner 22 Jasek? 23 COMMISSIONER JASEK: Madam Chairman, 24 Frank Rogers Boulevard North is a county road, as we 25 all know. That means that we should also review an 25 MONTHLY MEETING 1 application for a site plan, because this application 2 says major subdivision. 3 MR. SIMOES: No. It's major 4 subdivision and site plan, I was under the 5 impression. 6 MR. ASFOUR: This was a -- 7 MR. SIMOES: No. There was -- 8 MR. ASFOUR: I don't know where the 9 subdivision came from, unless they merged and 10 subdivided and I overlooked it, but the lots that are 11 here, as we indicate them, are the same exact size as 12 the lots on both sides of the, of the same block and 13 the opposite side of the street. 14 COMMISSIONER JASEK: Since you are 15 dealing with three lots, it's not a major 16 subdivision. In fact, the application you prepared 17 was the subdivision application. 18 MR. ASFOUR: Three lots isn't a major 19 subdivision. 20 COMMISSIONER JASEK: So we should call 21 it site plan application. Okay. I have no problem 22 with that. 23 CHAIRWOMAN BETTINGER: Any other 24 questions? 25 MR. SIMOES: That may be the 26 MONTHLY MEETING 1 appropriate way, although Harrison waived the site 2 plan because it was being built in the same lots that 3 were already there, so although we made an 4 application for site plan and approved them, they 5 waived the site plan on this property for purposes of 6 the local ordinance. 7 MR. MARKS: Madam, Madam Chair, if I 8 may, similar to the case we heard previously for 9 Jersey City, Seventh Street and Division in Jersey 10 City, this was submitted, to my knowledge, as a 11 subdivision application, which the County Planning 12 Board has approval -- authority under 40:27-6.12, and 13 it is within 200 feet of a municipal border, which is 14 also under the statute, the County Planning Board has 15 review authority, so it's something that the Planning 16 Board has jurisdiction over. It doesn't appear that 17 it has much of an impact on county roads or county 18 drainage, however, Frank Rogers Boulevard is a county 19 road. It is a dead end street, and, therefore, the 20 County would have a third interest in the project, so 21 notwithstanding whether it's a subdivision or a site 22 plan, the Planning Board does have authority. 23 MR. CALVANICO: Just, Madam Chair, if 24 I might, just so the record is clear, we can amend 25 the, we'll amend the application to reflect that it's 27 MONTHLY MEETING 1 a site plan, subdivision application. 2 Mr. Jasek, you have enough information, 3 right, appropriate information? 4 COMMISSIONER JASEK: I would like to 5 ask a few questions. 6 Is there any curb-cut or any utilities from 7 Frank Rogers Boulevard North? 8 MR. SIMOES: No. There's the -- oh, 9 I'm sorry. He's the expert. 10 MR. ASFOUR: What we're doing is on 11 Scott Mobus Place, we're replacing the existing 12 sidewalk and curbs and we are providing a curb-cut 13 for each unit. 14 MR. SIMOES: I believe the question 15 was in reference to Frank Rogers Boulevard. 16 COMMISSIONER JASEK: All the utilities 17 are coming from that dead end street, not from Frank 18 Rogers? 19 MR. ASFOUR: That is correct. 20 COMMISSIONER JASEK: Okay. 21 MR. SIMOES: So we are not doing any 22 construction or any -- we do not affect Frank Rogers 23 Boulevard and this property does not border on Frank 24 Rogers Boulevard? 25 MR. ASFOUR: No, it doesn't. 28 MONTHLY MEETING 1 MR. SIMOES: Okay. I just want to 2 make it clear. 3 COMMISSIONER JASEK: Okay. Very 4 good. Thank you. 5 CHAIRWOMAN BETTINGER: Counselor, 6 should we mark the exhibit? 7 MR. CALVANICO: Yeah. Let's just mark 8 the drawing that you referred to and reference it for 9 the record, so make it A-1. 10 MR. ASFOUR: Okay. This is, we have 11 Lot 17, 18 and 19, and that's on Block 26 in 12 Harrison. 13 MR. SIMOES: And that's also known as 14 423-427 Scott Mobus Place? 15 MR. ASFOUR: That's correct. 16 MR. CALVANICO: Just identify the 17 drawings that you referred to. 18 MR. ASFOUR: Okay. Drawing one of 19 nine of Linears Design Group, PC, we also referred to 20 drawing three of nine of Linears Design Group, PC, 21 and I believe that was all that we used for this 22 presentation out of the complete set of nine 23 drawings. 24 MR. CALVANICO: Thank you. 25 CHAIRWOMAN BETTINGER: Just mark it, 29 MONTHLY MEETING 1 please, A-1, for our records. 2 MR. ASFOUR: Okay. 3 CHAIRWOMAN BETTINGER: Thank you. 4 COMMISSIONER CHOFFO: If I can just 5 quote Commissioner Avagliano, it's definitely going 6 to be an improvement to the neighborhood, so I make 7 that motion to accept this application. 8 MR. SIMOES: Thank you. 9 COMMISSIONER FITZGIBBONS: I second 10 it. 11 CHAIRWOMAN BETTINGER: Second? 12 COMMISSIONER FITZGIBBONS: I second 13 it. 14 MR. MARKS: Madam Chair, on a motion 15 made by Commissioner Choffo and seconded by 16 Commissioner Fitzgibbons: 17 Commissioner Avagliano? 18 COMMISSIONER AVAGLIANO: I vote aye. 19 MR. MARKS: Commissioner Jasek? 20 COMMISSIONER JASEK: Aye. 21 MR. MARKS: And Chairwoman Bettinger? 22 CHAIRWOMAN BETTINGER: Aye. 23 Good luck with your project. 24 MR. MARKS: Madam Chair, the motion 25 passes. 30 MONTHLY MEETING 1 Madam Chair, the next application on the 2 Agenda is SP-62-05, Raja Adimoolan, at 687 John F. 3 Kennedy Boulevard in Bayonne, New Jersey. 4 MR. FINNERTY: Good evening, Madam 5 Chair and Members of the Board. I'm William J. 6 Finnerty of Hughes and Finnerty representing Raja 7 Adimoolan, who's here, along with Andy Ciok, the 8 architect. 9 This was an application that was heard by the 10 Bayonne Board of Adjustment on March 14th, 2005 for a 11 renovation to an existing building. The exterior of 12 the building itself is not being changed at all, 13 except for some cosmetic changes, a couple new doors 14 and windows. There's no impact upon the site itself, 15 sidewalks, no curb-cuts that are being proposed by 16 the applicant. 17 A letter from Mr. Marks dated June 3rd, 2005, 18 he had mentioned that, with certain conditions, one 19 was the installation of new curb-cuts, you know, 20 sidewalk, and that's not being done. There's no 21 curb-cuts at all. Obviously, no type-J curb piece 22 has been installed. There are two existing shade 23 trees on site, that was part of the condition as 24 well, of the Board of Adjustments of Bayonne, and we 25 don't anticipate any road openings with Hudson County 31 MONTHLY MEETING 1 at this point. 2 Mr. Ciok can tell you, basically, that this 3 is interior renovation to a site that's been vacant 4 for years. It was an old garment manufacturing 5 building and the last use on the ground floor was a 6 laundromat, years ago, but it's been vacant for a 7 long time. What the applicant proposes and was 8 approved by Bayonne was for two commercial uses on 9 the ground floor and four residential units on the 10 other two floors, but Mr. Ciok is here and he'll give 11 us more details on that. 12 MR. CALVANICO: State your name and 13 address, for the record. 14 MR. CIOK: Andrew L. Ciok. I'm a 15 Registered Architect in -- Andrew L. Ciok, C-I-O-K, 16 878 Broadway, Bayonne, New Jersey. 17 ANDREW L. CIOK, having been first duly sworn 18 according to law, testified as follows: 19 MR. FINNERTY: Mr. Ciok, will you 20 please give the Board the benefit of the 21 architectural work that you have prepared for the 22 site? 23 MR. CIOK: Basically, these are, this 24 is the front elevation of the building in its present 25 condition. We will be replacing some of the windows 32 MONTHLY MEETING 1 on the front facade, both on the upper levels and on 2 the ground floor. The building property dimension is 3 approximately 125 feet deep and approximately 30 feet 4 wide. The building footprint has an alley up one 5 side and it's zeroed lot on the other, so you have a 6 building of about 27 foot wide. The ground floor 7 would have entrance into the commercial space with 8 the current -- that connects to the rear commercial 9 space and a stairway up to the third and second floor 10 apartments. Also, to create two apartments on each 11 floor, front and rear, and there will be two bedroom 12 apartments, livingroom, dining room, kitchen. 13 Basically, the same floor plan on both the second and 14 third floor, and areas in the apartments are 15 approximately 1,200 square feet a piece. 16 We have met all the conditions of the zoning 17 board's application. As Mr. Finnerty indicated, we 18 do draw two street trees presently on the property in 19 front of this building, which are in good shape, and 20 we don't anticipate any, any curb-cuts. There will 21 be no curb-cuts. Sidewalks, if they are damaged 22 during construction, will be repaired at that point 23 in time, but they are in pretty good shape at this 24 point as well. 25 MR. FINNERTY: Other than that, is 33 MONTHLY MEETING 1 there any impact upon JFK Boulevard? 2 MR. CIOK: None at all. 3 MR. FINNERTY: I have no other 4 questions of Mr. Ciok. 5 MR. JASEK: Could you tell us, what is 6 the nearest cross street? 7 MR. FINNERTY: Between 26th and 27th 8 Street. 9 MR. CIOK: Yeah. 10 MR. FINNERTY: It's on the west side 11 of, west -- I'm sorry. West side of Kennedy 12 Boulevard. 13 CHAIRWOMAN BETTINGER: Mark the 14 drawing A-1, Tom? 15 MR. CALVANICO: Yeah. Just identify 16 the drawings so we can -- 17 MR. CIOK: The first drawing is the 18 site plan and elevations, my P-1 drawing, and the 19 second drawing is the floor plans of the residential 20 units, which is the P-2 drawing. 21 MR. CALVANICO: All right. Thank you. 22 CHAIRWOMAN BETTINGER: Mr. Jasek, any 23 questions? 24 COMMISSIONER JASEK: No, Madam 25 Chairman. 34 MONTHLY MEETING 1 CHAIRWOMAN BETTINGER: Any other 2 Commissioners, questions? 3 Do I have a motion? 4 COMMISSIONER CHOFFO: I'll make a 5 motion. 6 COMMISSIONER JASEK: I second the 7 motion. 8 MR. MARKS: Madam Chair, on a motion 9 made by Commissioner Choffo and seconded by 10 Commissioner Jasek: 11 Commissioner Avagliano? 12 COMMISSIONER AVAGLIANO: I vote aye. 13 MR. MARKS: Commissioner Fitzgibbons? 14 COMMISSIONER FITZGIBBONS: Aye. 15 MR. MARKS: Madam Chair? 16 CHAIRWOMAN BETTINGER: Aye. 17 MR. MARKS: Madam Chair, the motion 18 passes. 19 MR. FINNERTY: Thank you, very much. 20 MR. CIOK: Thank you, very much. 21 MR. MARKS: Madam Chair, the last item 22 on the Agenda is SP-63-05, Riverview Historical 23 Plaza, II, LLC, at 33-41 Newark Street in Hoboken, 24 New Jersey. 25 MR. BURKE: Good evening. James 35 MONTHLY MEETING 1 Burke, B-U-R-K-E, representing the applicant. 2 Good evening, Madam Chairperson and Board. 3 This is a very simple matter. It's an existing 4 office building directly across from the Clam Broth 5 House going south towards the Path Station. It's a 6 five-story office building, and the owner, who is the 7 applicant, runs the building. He's the manager. His 8 offices are across the street, which makes no sense, 9 so this is a penthouse condition on the top of the 10 building. It's about 3,000 feet, and the owner will 11 occupy that at this point in time as his own space to 12 manage the building underneath. 13 I have, to my right, Jim McKnight, who's the 14 architect. I'll qualify him and have him sworn in. 15 Mr. McKnight, state your qualifications, 16 please. 17 MR. McKNIGHT: I'm an Architect in the 18 State of New Jersey and Planner in the State of New 19 Jersey. I've been registered in New Jersey since 20 1983. I've run my own business since that time and 21 I've appeared in front of the Hudson County Planning 22 Board several times. 23 MR. BURKE: I ask you to accept him as 24 an expert in architectural. 25 JAMES McKNIGHT, having been first duly sworn 36 MONTHLY MEETING 1 according to law, testified as follows: 2 MR. CALVANICO: Thank you, sir. 3 MR. BURKE: Mr. McKnight, two 4 questions. 5 One is, this matter has been approved by the 6 Hoboken Zoning Board of Adjustment; is that correct? 7 MR. McKNIGHT: That's correct. 8 MR. BURKE: And you appeared at that 9 hearing? 10 MR. McKNIGHT: Yes, I did. 11 MR. BURKE: All right. And you 12 testified then, and I would assume you'll testify 13 now, there's no changes to the infrastructure, the 14 sewer, water, et cetera, sidewalks are in place and 15 they'll be no impact on this county road? 16 MR. McKNIGHT: That's correct. It's 17 just 3,000 square foot addition to the top of this 18 building. All utilities are in tact and will stay in 19 tact and they'll be no affect on the county roadway 20 whatsoever. 21 MR. BURKE: All right. I'll be brief, 22 because I think, in this case, there is no impact, so 23 if you have questions, we'll be happy to answer them, 24 but sometimes it's better to be short than 25 long-winded, so -- 37 MONTHLY MEETING 1 CHAIRWOMAN BETTINGER: Mr. Jasek, do 2 you have any questions? 3 COMMISSIONER JASEK: Madam Chairman, I 4 have no questions. 5 CHAIRWOMAN BETTINGER: All right. Do 6 any other Commissioners have any questions? 7 COMMISSIONER CHOFFO: I do. 8 Is there a view of Manhattan from there? 9 MR. McKNIGHT: Oh, yeah, very nice 10 view. 11 MR. BURKE: There is, yes. The good 12 thing is, it doesn't block anyone else's view because 13 of its situation. 14 COMMISSIONER FITZGIBBONS: I make a 15 motion to approve it. 16 COMMISSIONER CHOFFO: I'll second it. 17 MR. MARKS: Madam Chair, on a motion 18 made by Commissioner Fitzgibbons and seconded by 19 Commissioner Choffo: 20 Commissioner Avagliano? 21 COMMISSIONER AVAGLIANO: I vote aye. 22 MR. MARKS: Commissioner Jasek? 23 COMMISSIONER JASEK: Aye. 24 MR. MARKS: Chairwoman Bettinger? 25 CHAIRWOMAN BETTINGER: Aye. 38 MONTHLY MEETING 1 Good luck. 2 MR. BURKE: Thank you, very much. 3 MR. MARKS: Madam Chair, the motion 4 passes. 5 Madam Chair, that concludes today's Agenda. 6 Under Old Business, if I may, included in 7 everybody's packet, the Planning Board at the last 8 meeting had approved an RFP which went out shortly 9 after the May 18th meeting. It was sent out to five 10 qualified, pre-qualified engineering firms. We 11 received four responses. I spoke to Chairman 12 Holloway on the matter. He would like to review the 13 proposals which were submitted and discuss the matter 14 in length, I guess at the next Subdivision, Site Plan 15 Review Committee meeting as well as the next County 16 Planning Board meeting, so everybody has a copy of 17 the proposals to take a look at and I guess we can 18 discuss them further at the next meeting. 19 CHAIRWOMAN BETTINGER: Okay. Any 20 other Old Business? 21 COMMISSIONER JASEK: Madam Chairman, I 22 missed the last meeting, which I apologize for. I 23 had a family emergency. My mother-in-law was coming 24 from Europe. 25 There was a big discussion on the escrow. In 39 MONTHLY MEETING 1 the past, we did return some of the escrow funds for 2 applicants who asked for that, and at least on one or 3 two occasions, we sent a check back and the applicant 4 didn't exist or was somebody else. There was a 5 problem with it, so we will find these problems when 6 we want to return the escrow as quickly as 10 years 7 ago, because the applicant who was on the application 8 and who issued the check, he might be somewhere else 9 now, so we have some problem with it. If there is 10 any other way to deal with that, we will have to -- I 11 don't know, but we tried it, we returned it. It's a 12 cumbersome administrative thing, because you have to 13 make a voucher, you have to send it to them, to them 14 for their signature, wait until it comes back, and it 15 takes months and months, but if we invent some kind 16 of system to do this -- and the second thing is, I 17 never charge any of the time of my staff for the 18 review of the plans and for the inspection to this 19 escrow, so I will have to go back 10 years and make 20 some bills, which I could do because we keep the data 21 of every inspector, and we can put it together, so I 22 think that that is room for another discussion on 23 this item when we have the full Board. 24 CHAIRWOMAN BETTINGER: Full Board, I 25 was going to suggest, yes. 40 MONTHLY MEETING 1 COMMISSIONER JASEK: Yes. Very good. 2 Thank you. 3 COMMISSIONER FITZGIBBONS: You're 4 telling us that you really didn't charge fees for the 5 overlook of these applications? 6 COMMISSIONER JASEK: That's correct. 7 We didn't charge anything. 8 COMMISSIONER FITZGIBBONS: I think 9 what you should do now is establish fees, okay. 10 COMMISSIONER JASEK: Yes. 11 COMMISSIONER FITZGIBBONS: I know I 12 have something to do with the State of New Jersey, 13 they do inspections for them and they establish fees 14 and we retain some of that money back for inspections 15 that we make, so I would ask you to do that. This 16 way, you know -- 17 COMMISSIONER JASEK: Yes. We can use 18 the portion of the escrow to cover some in-house 19 expenses. Okay. 20 MR. CALVANICO: We've discussed this 21 briefly. We can put it together and come up with a 22 system. There's a number of issues we need to come 23 up with a system for going forward, in terms of how 24 we're going to charge against those escrow fees for 25 10 years time, for my time, frankly, for Steve's 41 MONTHLY MEETING 1 time. There's a number of things we can bill against 2 those, and we should do that. We're going to set 3 that system up, but we need to work with the County 4 Finance Office to do that, because they're the ones 5 that have to manage those bills. Certainly, we don't 6 have the capabilities for that. The other part of 7 the issue is going back, what we're going to do with 8 back, what's back there, and that may be more 9 difficult to do, but, again, it's something that 10 we'll have to talk to the finance people about, to 11 come up with some methodology to fix that. 12 COMMISSIONER FITZGIBBONS: Like he 13 said, some of these people don't exist. 10 years 14 ago, you had condos, you sold all the units and now 15 the building, developer of the building is out of, 16 out of the picture. Where does that money go now? 17 COMMISSIONER JASEK: It will be 18 unclaimed funds, I guess. 19 MR. MARKS: Madam Chair, I totally 20 agree with what Commissioner Jasek and what 21 Commissioner Fitzgibbons said, and in terms of 22 anything where you can't find the owner, 23 unfortunately the County doesn't get to keep it. It 24 actually cheats to the State, I guess it goes into -- 25 under State Law, it goes into the State's general 42 MONTHLY MEETING 1 revenue, made out to the Treasurer, so, 2 unfortunately. We would be able to be made whole for 3 our time, for the County Engineer's time, for his 4 staff's time, for the attorney's time and even for 5 the time of the accounting or bookkeeping firm to 6 reconcile the accounts. Whatever is left over 7 doesn't belong to the County. It, in fact, belongs 8 to the applicants who have, you know, paid into the 9 escrow account. If we can't find those applicants, 10 it belongs to the State. 11 CHAIRWOMAN BETTINGER: Anything else 12 under Old Business? 13 MR. CALVANICO: Madam Chair, one 14 matter which we have been following up on has to do 15 with the FDP site on Secaucus Road. It's actually 16 Jersey City. I thought it was Secaucus. Because 17 they haven't followed up with the conditions that 18 were imposed by this Board when we granted them 19 approval. They were supposed to meet with the County 20 Engineer's Office and come up with plans for both 21 roadway work and improvements to the -- 22 COMMISSIONER JASEK: Pump station. 23 MR. CALVANICO: -- pump station, to 24 keep the flooding from becoming worse than it already 25 is at that location. I have been in touch with the 43 MONTHLY MEETING 1 attorneys for FDP and they seem to be a little bit 2 out of the loop. They were telling me that they 3 understood that their people had met with the County 4 Engineer and that, he's been dealing with Demetrio on 5 this, and he said it's just not true. The last 6 meeting they had was sometime in November of last 7 year, so we're -- I also spoke with the people up at 8 the Meadowlands Commission today. They have some 9 road plans, the access roads and all of that stuff, 10 which was never submitted to us. It needs to be, 11 since it's a county road, but, apparently, as part of 12 their site plan application at the Meadowlands, they 13 did submit that, so I spoke with Sharon Mascaro today 14 and she said she has that. I've -- but just, we're 15 following up with it. We're going to make them 16 comply one way or another. The problem is becoming 17 worse, because what they're doing, they received 18 permission to fill in a significant piece of wetland 19 out there, acres and acres as part of a trade-off 20 with the Meadowlands Commission and the State, but as 21 a result of that, the flooding under the trestle on 22 Secaucus Road there is becoming terrible when it 23 rains, it's just in-passable any more, and the pump 24 station needs to be upgraded. That was one of their 25 responsibilities by virtue of the site plan 44 MONTHLY MEETING 1 resolution and they haven't even come up with a plan 2 yet, so we're going to be moving to make them -- 3 COMMISSIONER FITZGIBBONS: I don't 4 know if we could do it. Can we put a stop work order 5 on everything up there? Can we have the County 6 Engineer put a stop work order on that? 7 COMMISSIONER JASEK: I can do it to 8 the point when they will ask for access from the 9 county road. I cannot stop them from what they are 10 doing now. They are creating the roads of dirt 11 there. We complain to the sewer erosion because they 12 didn't have any erosion provision. This morning 13 there was a sewer fence installed, so these guys are 14 trying to cut corners and right now I don't think 15 that we can stop them. The better situation could be 16 through New Jersey Meadowlands, because they have the 17 power of issuing the order. 18 COMMISSIONER FITZGIBBONS: But we 19 don't approve their plan. Did we approve their 20 plan? 21 COMMISSIONER JASEK: Yes, we did. We 22 did approve the plan with similar conditions. One of 23 the conditions was that they will improve the pump 24 station. They, they filled in about, at least 100 25 acres of the wetlands. Wetlands was like a sponge 45 MONTHLY MEETING 1 holding the water. Now it's flat. The water runs 2 straight into the creek, into our pump station and 3 the pump station cannot handle that, that flow, and 4 Secaucus Road gets flooded, so that's -- 5 COMMISSIONER FITZGIBBONS: Is that -- 6 it's all in writing, right? 7 MR. CALVANICO: Oh, yeah. Yeah. 8 COMMISSIONER FITZGIBBONS: I think we 9 should start a legal procedure against them. 10 MR. CALVANICO: Well, we're going to 11 move forward, and we may be able to do it 12 administratively. When I spoke with the engineer at 13 the Meadowlands today, she was not aware that we had 14 these conditions in our, in our approval, so I have a 15 letter going to her with a copy of our approval so 16 they know about it, you know. We need to get these 17 agencies all working together. I haven't been able 18 to identify the DEP person in charge, either, but I'm 19 going to reach out for him, also, to make sure that, 20 you know, they're all aware and that it's a problem. 21 Everybody, apparently everyone who deals with this 22 group, the FDP people, has had difficulty. They 23 haven't been as cooperative as everyone would like 24 them to be, and they really need to be, so the 25 agencies are starting to -- 46 MONTHLY MEETING 1 COMMISSIONER FITZGIBBONS: 2 Environmental Protection Agency, we get a hold of 3 them, too? 4 MR. CALVANICO: I don't know that 5 DPA's involved. 6 COMMISSIONER FITZGIBBONS: It's 7 concerned environment, to run off of water. 8 MR. CALVANICO: We're reaching out to 9 all the agencies at this point, to get everyone on 10 board so that, you know, we hold their feet to the 11 fire and make them do what they need to. 12 CHAIRWOMAN BETTINGER: Thank you, Tom. 13 MR. CALVANICO: Thank you. 14 CHAIRWOMAN BETTINGER: New Business? 15 MR. MARKS: Madam Chair, on a lighter 16 note, for New Business, I learned last year from the 17 Kearny Town Clerk to schedule the legal 18 municipalities early. They become available after 19 June 1st, so last week or two weeks ago I booked 20 everybody's rooms and received back confirmations 21 already, so there's no going back and forth, and 22 everybody has been booked into Bally's. I believe 23 that was the hotel of choice, so I do have 24 reservations and I will share them with everybody. 25 COMMISSIONER FITZGIBBONS: When is 47 MONTHLY MEETING 1 it? 2 COMMISSIONER AVAGLIANO: At Bally's? 3 MR. MARKS: Bally's. 4 COMMISSIONER FITZGIBBONS: When is 5 it? 6 COMMISSIONER JASEK: November? I 7 don't know. 8 MR. MARKS: I'll make sure your room 9 joins Commissioner Mehta's, Commissioner Reeshi. 10 COMMISSIONER AVAGLIANO: I'll stay at 11 Harrah's, on the island. I want to go to the 12 Harrah's, on the island. 13 MR. MARKS: I believe it's November 14 15th through the 18th. 15 CHAIRWOMAN BETTINGER: Good job. 16 Thank you. 17 Anything else? No. 18 Do I have a motion to adjourn? 19 COMMISSIONER AVAGLIANO: Second. 20 COMMISSIONER CHOFFO: Aye. 21 (At 6:05 p.m., proceedings were concluded.) 22 23 24 25 48 1 2 C E R T I F I C A T E 3 I, MICHELLE GRUENDEL, a Notary Public and 4 Certified Shorthand Reporter of the State of New 5 Jersey do hereby CERTIFY that the foregoing is a true 6 and accurate transcript of the testimony as taken 7 stenographically by and before me at the time, place 8 and on the date hereinbefore set forth, to the best 9 of my ability. 10 I DO FURTHER TESTIFY that I am neither 11 a relative, nor employee, nor attorney, nor counsel 12 of any parties to this action, and that I am neither 13 a relative nor employee of such attorney or counsel, 14 and that I am not financially interested in the 15 action. 16 17 18 MICHELLE GRUENDEL, C.S.R. License No. XI01905 19 20 21 22 23 24 25