- 1 - 1 HUDSON COUNTY PLANNING BOARD JERSEY CITY, NEW JERSEY 2 In Re: ) TRANSCRIPT OF 3 ) HUDSON COUNTY PLANNING BOARD ) PROCEEDINGS 4 _________________________________) 5 Hudson County Planning Board 567 Pavonia Avenue, 3rd Floor 6 Freeholders' Chambers Jersey City, New Jersey 07036 7 Wednesday, September 20, 2006 6:30 pm 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Reported By: 22 REBECCA KAHN 23 REPORTING SERVICES ARRANGED THROUGH VERITEXT/NEW JERSEY REPORTING COMPANY 24 25B Vreeland Road, Suite 301 Florham Park, New Jersey 07932 25 Tel No.: (973) 410-4040 Fax: (973) 410-1313 - 2 - 1 A P P E A R A N C E S : 2 CHAIRWOMAN RENEE BETTINGER 3 VICE CHAIR, DANIEL CHOFFO 4 COMMISSIONER MARY E. AVAGLIANO 5 HONORABLE DOREEN MCANDREW DIDOMENICO 6 (FREEHOLDER) 7 COMMISSIONER BORIVOJ JOSEK PE, PP 8 COMMISSIONER RUSHAB MEHTA 9 COMMISSIONER KENNEDY NG 10 BOARD ATTORNEY THOMAS P. CALVANICO, ESQ. 11 PLANNING DIRECTOR STEPHEN MARKS PP AICP 12 13 14 15 16 17 18 19 20 21 22 23 24 25 - 3 - 1 P R O C E E D I N G S 2 CHAIRWOMAN BETTINGER: Good evening. I'd like 3 to call to order a meeting of the Hudson County 4 Planning Board for September 20th, 2006. 5 Counselor has this meeting been properly notified? 6 MR. SECRETARY: Yes Madam Chairlady, the 7 meeting was properly noticed in accordance with the 8 Open Public Meetings Act; it was also as posted on 9 the bulletin boards of the County Clerk and the 10 (indiscernible.) 11 CHAIRWOMAN BETTINGER: Secretary -- may we call 12 the roll please? 13 MR. SECRETARY: Sure. Commissioner Avagliano? 14 COM. AVAGLIANO: Here. 15 MR. SECRETARY: Commissioner Choffo? 16 COM. CHOFFO: Here. 17 MR. SECRETARY: Commissioner DiDomenico? Not 18 present. Commissioner Dublin? Not present. 19 Commissioner Fitzgibbons? Not present. 20 Commissioner Holloway? Not present. 21 Commissioner Mehta? 22 COM. MEHTA: Here. 23 MR. SECRETARY: Commissioner Ng? 24 COM. NG: Here. 25 MR. SECRETARY: Commissioner Jasek? - 4 - 1 COM. JASEK: Present. 2 MR. SECRETARY: Chairwoman Bettinger? 3 CHAIRWOMAN BETTINGER: Here. 4 MR. SECRETARY: We have a quorum. 5 CHAIRWOMAN BETTINGER: Will everyone please 6 rise and salute the flag? 7 (Pledge of Allegiance.) 8 CHAIRWOMAN BETTINGER: You may be seated. Do I 9 have a motion to receive the minutes? 10 COM. MEHTA: Motion to receive the 11 minutes. 12 CHAIRWOMAN BETTINGER: Do I have a motion 13 to approve? 14 COM. CHOFFO: Second. 15 MR. SECRETARY: Motion by Commissioner 16 Mehta, seconded by Commissioner Choffo. Adoption of 17 the Minute meetings from August 16th, 2006. 18 Commissioner Avagliano? 19 COM. AVAGLIANO: I'll abstain. 20 MR. SECRETARY: Commissioner Choffo? 21 COM. CHOFFO: Aye. 22 MR. SECRETARY: Commissioner Jasek? 23 COM. JASEK: Aye. 24 MR. SECRETARY: Commissioner Mehta? 25 COM. MEHTA: Aye. - 5 - 1 MR. SECRETARY: Commissioner Ng? 2 COM. NG: I'll abstain also. 3 MR. SECRETARY: Chairwoman Bettinger? 4 CHAIRWOMAN BETTINGER: Aye. 5 MR. SECRETARY: The minutes are approved. 6 CHAIRWOMAN BETTINGER: I would just like 7 to remind everyone to please speak up because our 8 court reporter is not here and we're taping the 9 minutes. The next item on the agenda is 10 memorialization of resolutions from the last 11 meeting. 12 BOARD MEMBER: Madam Chairlady, I would 13 just ask you to (indiscernible) about the first 14 three resolutions that were -- there were three 15 resolutions that were cast some time ago. All had 16 to do with easements -- we had put in a clause about 17 their having had approval from the county. Once 18 they got up to the county, the county asked us to 19 revise our resolutions so that they more clearly 20 identify the area being -- that's going to be 21 subject to the easement. So, we've done that -- 22 we've got copies that we had server to provide 23 surveys with profits including (indiscernible) -- to 24 provide new resolutions -- potentially resolutions 25 for legal today (indiscernible). What I'd suggest - 6 - 1 is, I'd suggest that we take -- we rent 2 everything -- approve the amendment to the 3 resolution. The only change that's going to be made 4 to the resolutions is an additional sentence 5 indicating that the area subject -- which is subject 6 to this easement is as describe on attachment A and 7 they'll have the meets and bounds description 8 attached to them. I think those are the exact words 9 on the instant resolution. 10 BOARD MEMBER: I raise the motion. 11 BOARD MEMBER: I second. 12 MR. SECRETARY: The memorialization of the 13 resolution as approved at the last meeting, SD/SP65- 14 05 NZ Funding, LLC, 170-172 Grant Street, Jersey 15 City. SP10-06 Tire Factory, LLC located at 662-666 16 First Street in Hoboken. Resolution SP44-06, is 17 2,4,6 Patterson Avenue LLC, 2-6 Patterson Avenue in 18 Hoboken. SP68-06, Century Land Group, LLC, located 19 at 5711 Kennedy Boulevard, North Bergen. SP76-06 20 Bayonne Local Redevelopment Authority, Block 404, 21 Blocks 2.01-2.11 in Bayonne -- SD77-06 Bayonne Local 22 Redevelopment Authority, Block 404, Lot 1, Bayonne 23 SD82-06, Cathartes Holding, LLC, Block 1772, lots S3 24 and 88 in Jersey City. 25 CHAIRWOMAN BETTINGER: Do you want to have - 7 - 1 a motion? 2 COM. JASEK: Madam Chairwoman, I jumped 3 the gun vis a vis my motion. I thought 440 Motion 4 on the (indiscernible) resolution of the en route of 5 Buddy Bar. 6 CHAIRWOMAN BETTINGER: That's what I said. 7 COM. JASEK: So, I make the motion 8 (indiscernible). 9 COM. AVAGLIANO: Second. 10 COM. JASEK: Thank you. 11 MR. SECRETARY: The motion introduced by 12 Commissioner Jasek and seconded by Chairwoman 13 Bettinger -- 14 CHAIRWOMAN BETTINGER: No, I didn't -- 15 MR. SECRETARY: Who seconded? I'm sorry, 16 Commissioner Avagliano. Seconded by Commissioner 17 Avagliano -- Commissioner Avagliano? 18 COM. AVAGLIANO: Yes, Thank you. Aye. 19 MR. SECRETARY: Commissioner Choffo? 20 COM. CHOFFO: Aye. 21 MR. SECRETARY: Commissioner Jasek? 22 COM. JASEK: Aye. 23 MR. SECRETARY: Commissioner Mehta? 24 COM. MEHTA: Aye. 25 MR. SECRETARY: Commissioner Ng? - 8 - 1 COM. NG: Aye. 2 MR. SECRETARY: Chairwoman Bettinger? 3 CHAIRWOMAN BETTINGER: Aye. 4 MR. SECRETARY: This resolution is 5 memorialized. 6 CHAIRWOMAN BETTINGER: Occupation declared 7 to be exempt. 8 MR. SECRETARY: Occupation declared to be 9 exempt: SP83-06, Omnipoint Communications, LLC, 10 located 75 Jackson Street, Hoboken. SP87-06-Nams 11 Developers Incorporated, 79-79A Clinton Ave., Jersey 12 City. SP 90-06 Kearny Point, LLC, 50 Central 13 Avenue, Kearny New Jersey. 14 COM. CHOFFO: I'll raise the motion. 15 CHAIRWOMAN BETTINGER: Do I have a second. 16 COM. MEHTA: I agree. 17 MR. SECRETARY: On a motion introduced by 18 Commissioner Choffo, seconded by Commissioner Mehta, 19 Commissioner Avagliano? 20 COM. AVAGLIANO: I vote aye. 21 MR. SECRETARY: Commissioner Choffo? 22 COM. CHOFFO: Aye. 23 MR. SECRETARY: Commissioner Mehta? 24 COM. MEHTA: Aye. 25 MR. SECRETARY: Commissioner Ng? - 9 - 1 COM. NG: Aye. 2 MR. SECRETARY: Commissioner Jasek? 3 COM. JASEK: Aye. 4 MR. SECRETARY: Chairwoman Bettinger? 5 CHAIRWOMAN BETTINGER: Aye. First item 6 scheduled for public hearing? 7 MR. SECRETARY: First item is SP35-06, 8 Eagle Rock Group, LLC, Willow Street and 18th 9 Street, Weehawken. 10 MR. ALONSO: Good evening Madam 11 Chairwoman, for the board, for the record Albert 12 Alonso from the Firm Alonso & Navarrete. We have a 13 re applicant -- this application that was approved 14 by the Weehawken Zoning Board. Construction of a 15 ten story building consisting of one hundred and 16 twelve residential units with commercial and retail 17 space and one hundred and twenty-six off-street 18 parking spaces. 19 It is my understanding that all of the 20 comments addressed were addressed in your review 21 letter dated May 12th, 2006 and revised August 25, 22 2006, and we are ready to proceed at this time. If 23 the Board has no further questions I would have Mr. 24 Hubschman, the engineer -- 25 CHAIRWOMAN BETTINGER: Is that microphone - 10 - 1 on? Hearing difficulty here. 2 (Discussion away from microphone.) 3 MR. SECRETARY: Okay -- there we go. 4 CHAIRWOMAN BETTINGER: Thank you. 5 MR. HUBSCHMAN: Gentlemen -- 6 CHAIRWOMAN BETTINGER: Can we bring this a 7 little bit closer? 8 MR. SECRETARY: Bring this closer? 9 CHAIRWOMAN BETTINGER: Yes. 10 MR. SECRETARY: Okay. Yeah, I don't know 11 whether -- 12 CHAIRWOMAN BETTINGER: I can't hear and I 13 can't see. 14 MR. SECRETARY: We'll put the microphone 15 here -- can't hear it see, it's like -- 16 COM. MEHTA: Attorney Alonso is, I think 17 he's one of my (indiscernible) and that's why I will 18 excuse myself from this (indiscernible.) 19 CHAIRWOMAN BETTINGER: Thank you. Do we 20 need a motion? 21 MR. SECRETARY: No, we don't need a 22 motion, but we should be (indiscernible). 23 MR. HUBSCHMAN: Should I be sworn in or 24 anything? 25 MR. SECRETARY: Yes. Please state your - 11 - 1 name and your professional affiliation for the 2 record. 3 MR. HUBSCHMAN: Yes, Michael Hubschman, 4 I'm a licensed professional engineer and planner in 5 the State of New Jersey. My office address is 263 6 South Washington Avenue in Barrington. 7 MR. SECRETARY: Please spell your last 8 name. 9 MR. HUBSCHMAN: Sure thing -- H-U-B-S-C-H- 10 M-A-N. 11 EXAMINATION BY 12 MR. ALONSO: 13 Q. Mr. Hubschman, could you please review your 14 professional qualification as an engineer for the 15 board? 16 A. Yes, I've been a licensed engineer since 1984, 17 so about twenty-two years and I own Hubschman 18 engineering, we specialize in site plans and 19 subdivisions. I have appeared before this board 20 once or twice over the past few years. Most of our 21 work is more in Bergen County. 22 Q. Do you swear that the testimony that you're 23 about to give before this board is the truth, the 24 whole truth and nothing but the truth, so help you, 25 God? - 12 - 1 A. Yes, I do. 2 Q. Okay, thank you sir, you are sworn. 3 Q. Mr. Hubschman, can you please review the site 4 plan with the Board? 5 A. Sure, yes. Okay, we're on -- it's the property 6 bordered by three streets, Willow, Eighteenth and 7 Park and Willow and Park are the county roads and at 8 this point, there's also the railroad is to the 9 south of our property. At this point, Willow Avenue 10 is elevated -- it's about -- well, it's already with 11 the railroad -- it's probably about twenty-foot high 12 as it passes our property and Park is also elevated. 13 And we're situating a -- it's a twenty-seven 14 thousand nine hundred square foot building right in 15 the center of that lot -- it's a ten-story building. 16 It has three stories of parking -- the parking is 17 not below grade, it starts with three stories of 18 parking and seven stories of apartments. Above 19 that -- and that is really to get above that, 20 Willow -- we didn't want the building to be blocked 21 by the overpasses. There's some commercial at 3,300 22 square foot of commercial on the front. We're 23 proposing a garage entrance for all of the parking, 24 there's a hundred and twenty six spaces on the three 25 levels and that garage entrance is on Willow and - 13 - 1 that, again -- that's underneath the overpass or 2 under -- in that marginal road area, which is a one- 3 way -- it's a counterclockwise. We're proposing -- 4 to, you know, to follow that. We're coming in on 5 the west and then we enter the building in that one- 6 way direction and then it's a one-way out and that's 7 existing one-way. There's no access from Park 8 Avenue. We're proposing -- in that Willow area, of 9 the lower area below the bridge to curb that area 10 and we are going to be repaving that, because it's 11 pretty -- you know, pretty damaged under this lot. 12 It's not, you know, in great shape. So, we're going 13 to be repaving that area and the engineer had wanted 14 us to add some more signs in that area to just 15 depict one-way traffic, the circulation and some Do 16 Not Enter signs and No Parking signs because it 17 is -- what is it, about twenty-three feet where 18 those columns come up -- so, and just to depict that 19 area so cars don't park and block that area. And 20 that's, you know, the extent of, I guess the county 21 involvement is that marginal road area. Are there 22 any questions, or -- 23 CHAIRWOMAN BETTINGER: Can you go any further 24 into repeat parking that you were referring to? 25 A. Sure. - 14 - 1 MR. ALONSO: Is this one of the exhibits that 2 was submitted to the board as part of the package? 3 MR. HUBSCHMAN: Yes, this is the latest plan 4 that was in the closet the T&M Lighter of A-25, so 5 this is Revision 49506 -- it's the same set the 6 Board had. 7 MR. ALONSO: Just identify the document you 8 were referring to in this exhibit? 9 MR. HUBSCHMAN: Right. This is the site plan 10 sheet 1, it's drawing 2053-1, revision 4. 11 CHAIRWOMAN BETTINGER: Commissioner Jasek do 12 you have any comments or -- 13 COM. JASEK: Madam Chairman, (indiscernible.) 14 UNIDENTIFIED FEMALE: Okay, I guess my only two 15 comments would be the applicant did address our 16 comments -- the parking garage will be gated, that 17 was one of our questions. So, one of my questions 18 in return would be -- since it is gated and there is 19 a retail portion -- there's 3,335 square feet of 20 retail for commercial -- how will those commercial 21 spaces or retail spaces access the garage indicated 22 so that we know whether or not we're going to have 23 parking on 18th Street -- I mean, on Willow Avenue? 24 MR. HUBSCHMAN: The retail, I believe, is more 25 like a neighborhood sort of retail, so there would - 15 - 1 be more street parking. It wasn't really 2 anticipated that they would park in the garage. 3 UNIDENTIFIED FEMALE: And my other question 4 would be, since the applicants are proposing curb 5 and we're to try to delineate the marginal roadway 6 on Willow -- 7 MR. HUBSCHMAN: Right 8 UNIDENTIFIED FEMALE: And he just said that 9 he was going to pave. My question would be the 10 extent of paving because I know underneath, there's 11 parking underneath the overpass. Are you saying 12 they'll pave under there or just within the roadway 13 portion? What's the extent of your paving on Willow 14 Avenue? 15 MR. HUBSCHMAN: I mean, if it were up to me, 16 I would pave the whole thing, but I'd have to go 17 through having the client -- and that is the main 18 entrance to our project is under that area -- so -- 19 MR. ALONSO: The client is not here yet -- 20 MR. HUBSCHMAN: Frank's not here, but we 21 would -- I mean, we'll pave the road to roadway 22 spec, you know and at a minimum probably repave 23 underneath it, that area we think is, you know, 24 parking lot kind of specifications. 25 UNIDENTIFIED FEMALE: That would be my main - 16 - 1 question. Everything else in my letter was pretty 2 much addressed. If you have any comments or 3 questions on the CNM Letter, I don't know if you 4 have them before you, I can respond to the 5 applicants to when the applicant addresses his 6 questions. 7 MR. HUBSCHMAN: Just to say, we'll just 8 discuss it before we pave that road, you know, in 9 the whole scope of the project it's, you know, 10 minimal. 11 BOARD MEMBER: So you will repave? 12 MR. HUBSCHMAN We will repave, yes. 13 BOARD MEMBER: The whole road? 14 MR. HUBSCHMAN: Yes. 15 UNIDENTIFIED FEMALE: And then I'm 16 assuming that you're not going to pave Park, since 17 it's not the access to your -- 18 MR. HUBSCHMAN: On Park we're not -- 19 right, doing anything else. 20 UNIDENTIFIED FEMALE: And you're okay with 21 that Mr. Jasek? 22 COM. JASEK: Yes, this project was 23 (indiscernible). Could you tell us how you will get 24 and then MTV list RNG garbage and things like that, 25 to the side? - 17 - 1 MR. HUBSCHMAN: Okay, the refuse area is 2 on the southwesterly portion. There's a room, so 3 the refuse truck would have to come around and, you 4 know, unload right there, or lower. 5 BOARD MEMBER: So you're not 6 (indiscernible) under the viaduct? 7 MR. HUBSCHMAN: Yes, there's over -- there 8 must be about eighteen feet under there, it's pretty 9 high at that point, yes. 10 BOARD MEMBER: -- take a truck under the 11 viaduct to make those kind of turns. 12 MR. HUBSCHMAN: Right, the truck and fire 13 engine will be able to make this turn, but there's a 14 hydrant -- we are proposing a hydrant out on 18th 15 Street so that would, you know, more than likely be 16 the area -- we're proposing a hydrant just right 17 across 18th Street and the fire connection was going 18 to be in that area, you know, for the sprinkler 19 connection for the buildings. 20 COM. JASEK: So, where is the main 21 entrance to the building? From 18th Street? 22 MR. HUBSCHMAN: The main entrance is on 23 18th Street, yes. 24 COM. JASEK: So you will at one point -- to 25 get the fire engines run through the entrance? - 18 - 1 MR. HUBSCHMAN: Right, the fire engine 2 could come right in front of the entrance and, you 3 know, if they had to, you know, I'm sure they would 4 just go right down Willow, you know -- they could 5 make the turn but if it was -- you know, it was an 6 emergency they could -- would probably just go right 7 down the one way. 8 COM. JASEK: Emergency -- (indiscernible) 9 think -- 10 MR. HUBSCHMAN: Right. 11 COM. JASEK: (Indiscernible.) 12 MR. HUBSCHMAN: You know the overpass is 13 actually that dashed line, so it is set back some, 14 so there is -- you know, even though it's about 15 eighteen feet high, you know, there's plenty of -- 16 it's not blocking a ladder or something if they had 17 to put a ladder up three or four stories around that 18 area. 19 COM. JASEK: Well, a fire engine 20 (indiscernible). 21 MR. HUBSCHMAN: Right. 22 MR. SECRETARY: Commissioner Avagliano? 23 COM. AVAGLIANO: Your application 24 submitted to the town of Weehawken to buy 05? 25 MR. HUBSCHMAN: That's correct. - 19 - 1 COM AVAGLIANO: And it received approval 2 in February of '06? 3 MR. HUBSCHMAN: That's correct. 4 COM AVAGLIANO: Is there any major issues 5 with Weehawken (indiscernible)? 6 MR. HUBSCHMAN: I think the major issues 7 were just, review with the town planner -- we did 8 some minor revisions. The backlog -- the, you know 9 to the agenda and once we we're there it took us to 10 about three meetings to conclude. There was a 11 number of actual witnesses that were proposed and 12 that's basically what happened. 13 CHAIRWOMAN BETTINGER: Do you have any 14 other comments? 15 COM. JASEK: (Indiscernible) after the 16 viaduct. 17 MR. HUBSCHMAN: Right, that entire area 18 under the viaduct, right because it's in disrepair 19 and it's -- you know the entrance to the garage. 20 CHAIRWOMAN BETTINGER: Madam Chairperson 21 recognized (indiscernible). 22 UNIDENTIFIED FEMALE: Could you also discuss -- 23 since you are going to have some trench repairs for 24 the utilities and if you could just elaborate on 25 your pavement sections so that we can be sure that - 20 - 1 it meets county standards and also, I believe it's a 2 concrete roadway under there, so I think you're 3 probably going to need the (indiscernible) to seal 4 it since it is concrete. Will you have any cracking 5 or -- 6 MR. HUBSCHMAN: I don't know -- I think the 7 paving of Willow really came up after the plan, but 8 we -- 9 UNIDENTIFIED FEMALE: Well discuss the 10 trenching. 11 MR. HUBSCHMAN: But the trenching is really -- 12 the most of the utilities come out to 18th Street, 13 the drainage, sanitary and water so I don't know if 14 they will be -- doing a lot of -- there will be a 15 lot of trenching but with the curbing, we'll have 16 the saw cod it'd probably take to install that 17 curbing. I just wanted to see the section. We're 18 showing, you know, a twelve inch section for the 19 trench repair, six inches of crushed stone, four 20 inches of base and two inches at top, so -- 21 UNIDENTIFIED FEMALE: So the base would be , 22 like thicker than four inches of the county road -- 23 MR. HUBSCHMAN: That was like six inches --oh 24 four inches. 25 BOARD MEMBER: (Indiscernible). - 21 - 1 MR. HUBSCHMAN: Okay, so we'll -- 2 BOARD MEMBER: (Indiscernible) because the 3 contact, sometimes go there. I also 4 (indiscernible). 5 MR. HUBSCHMAN: Okay. 6 BOARD MEMBER: Is there a fence along the rails 7 between those viaducts? 8 MR. HUBSCHMAN: Well, there's a fence -- I know 9 that we're showing on the plan, it's about, maybe 10 twenty feet south to the existing fence, right. We, 11 you know, show it. 12 BOARD MEMBER: And you are all right or very or 13 you're (indiscernible). 14 MR. HUBSCHMAN: no, our property is about twenty 15 feet away from the fence, there's sort of a -- 16 BOARD MEMBER: (Indiscernible) with those 17 twenty feet? 18 MR. HUBSCHMAN: Well, that's the railroad 19 property, so, I mean it will just -- you know, we'll 20 pick up all the debris, I guess in that area but 21 that's railroad property. But we're landscaping on 22 our -- our building is set back, you know, sort of 23 saw tooth in that area, so we would landscape on our 24 property. 25 COM. JASEK: I know -- you pave on the property - 22 - 1 but it's accessible from the side. 2 MR. HUBSCHMAN: Is it accessible? That's -- 3 the parking garage is three stories up so it really 4 isn't accessible. The first residential floor is 5 about thirty feet off the ground, say. So -- 6 COM. JASEK: -- garbage next to our 7 (indiscernible). 8 MR. ALONSO: Right. If there's any 9 recommendations -- because the fence is not on our 10 property, the fence is on the railroad property so 11 we can't move that fence. 12 COM. JASEK: Yes, well I understand, yes the 13 fence will be there since they put it there, right 14 there. I guess one can say about it 15 (indiscernible). 16 MR. ALONSO: The chair may -- Mr. Baras with 17 the architect is also present and he had some 18 discussion, I believe, with respect to landscaping 19 in that area. I can have him come up and just 20 discuss that with the Board briefly. 21 MR. BARAS: Good evening, my name is Hector 22 Baras of B. Baras Architects. 23 (Mr. Baras is sworn in.) 24 MR. SECRETARY: Will you spell your name for 25 the record and give us the address of your - 23 - 1 professional affiliation? 2 MR. BARAS: The Hector Baras, B-A-R-A-S. The 3 address is 115 River Road, Edgewater, New Jersey. 4 In reference to the question about that no-man's 5 land. We had some discussions with Weehawken and 6 what we are proposing is that we're going to have to 7 discuss that with railroad. We want to provide a 8 berm, an earthen berm with grass and landscaping in 9 that no man's zone. It's going to help cut down 10 some of the noise from the railroad and again, on 11 either side of the railroad, as you know, we have 12 the park, so what we're trying to kind of connect 13 visually both those areas. But that's what the 14 intention is, is to actually have a berm perhaps 15 ten, twelve feet tall that's going to get landscaped 16 with shrubbery, trees, grass and that -- again, we 17 have to get together with the railroad to be sure 18 that we can do that. But that's our intention and 19 that's the recommendation and suggestion that the 20 town of Weehawken had wanted. 21 COM. JASEK: Did you contact the New Jersey 22 Traffic yet?? 23 MR. BARAS: We have not yet. We have not yet. 24 COM. JASEK: You do get to them (indiscernible) 25 especially if you (indiscernible)-- - 24 - 1 MR. BARAS: Exactly. 2 COM. JASEK: I know about that. 3 CHAIRWOMAN BETTINGER: You had a comment? 4 BOARD MEMBER: Are the recommendations with 5 respect to the landscape and the berm and everything 6 in that area, was that part of the approval that you 7 got through Weehawken? 8 MR. BARAS: No, it was not -- those 9 conversations (indiscernible). 10 CHAIRWOMAN BETTINGER: Do I have a motion to 11 accept this application? 12 COM. CHOFFO: I'll make a motion based on T&M's 13 recommendation and (indiscernible). 14 COM. JASEK: I second the motion. 15 MR. SECRETARY: On a motion to accept 16 introduced by Commissioner Choffo, seconded by 17 Commissioner Jasek, Commissioner Avagliano? 18 COM AVAGLIANO: I vote aye provided the 19 recommendation of (indiscernible) engineer complied 20 with -- thank you. 21 MR. SECRETARY: Commissioner Choffo? 22 COM. CHOFFO: Aye. 23 MR. SECRETARY: Commissioner Jasek? 24 COM. JASEK: Aye. 25 MR. SECRETARY: Commissioner Ng? - 25 - 1 COM. NG: Aye. 2 MR. SECRETARY: Chairwoman Bettinger? 3 CHAIRWOMAN BETTINGER: I vote aye. 4 MR. ALONSO: Thank you very much. Good 5 evening. 6 MR. SECRETARY: Thanks. 7 CHAIRWOMAN BETTINGER: Mr. Alonso, do you 8 request a proposed Commissioner repeat the 9 (indiscernible.) 10 MR. ALONSO: Yes, sure. 11 MR. CALCANICO: I would request the 12 (indiscernible.) 13 (Discussion away from microphone.) 14 CHAIRWOMAN BETTINGER: Next application? 15 MR. SECRETARY: Madam Chairlady, wait one sec 16 while we just close the tape over. 17 CHAIRWOMAN BETTINGER: I'm sorry. 18 MR. SECRETARY: Madam Chairlady, we're ready, 19 thank you. 20 CHAIRWOMAN BETTINGER: Ready? 21 MR. SECRETARY: The next application is Dunkin 22 Donuts, 216 County Avenue, SP47-06 located in 23 Secaucus. 24 MR. BEASLEY: Madam Chairwoman, members of the 25 Board, my name is David Beasley, I'm a civil - 26 - 1 engineer with MacDill Engineer and we've prepared 2 the plans for this Dunkin Donuts. I'm here with the 3 owner, Rog Popel, and we're not represented by 4 counsel but we're here to make a presentation on the 5 site plan. 6 (MR. BEASLEY is sworn.) 7 MR. BEASLEY: For the record, I'm a 8 professional engineer. I've been in the practice 9 since 1982. I've prepared plans, I've prepared 10 before this board, I've prepared before boards 11 throughout New Jersey and I've been qualified as an 12 expert. 13 I'm going to refer to an exhibit which we've 14 labeled simply Exhibit, which is a colored version 15 of the site plan and it just depicts the 16 landscaping, building and parking areas. What we 17 have is a piece of property approximately 100 x 100, 18 it's on the corner of County Avenue and Charles 19 Street in Secaucus. This property has already 20 received site plan approval from the Hackensack 21 Meadowlands Commission and we've received a zoning 22 certificate in March of '06. The proposal is for a 23 Dunkin Donuts, this is a satellite facility. There 24 is no dining inside. In fact, the donuts are not 25 even baked in this facility, they are brought to - 27 - 1 this facility from another location. But we have 2 located the 1300 square foot building on the back 3 portion of the property. We have a considerable 4 amount of landscaping; we have more than is 5 required. We have met all of the requirements for 6 parking; we have met all of the requirements for 7 setbacks; we have fourteen parking spaces proposed 8 for this; we have one direction circulation entering 9 off of County. There is parking and then exiting 10 onto Charles Street -- Charles Street is a two-way 11 street. There is a building-mounted logo to be put 12 on this -- this sign also complies with the 13 Meadowlands Commission. It's a one-story building, 14 approximately fifteen feet in height. It does have 15 a basement area for storage. We have provided on 16 site a small mortar collection and detention with a 17 connection to County Avenue. We have received 18 comment letters from -- let me get the correct name 19 here, is it Marks? Steven Marks, thank you. And we 20 have addressed all of those issues and we believe we 21 are complete and ready to go. 22 CHAIRWOMAN BETTINGER: Does it have any drive- 23 thru? 24 MR. BEASLEY: There is no drive-thru, no. One 25 of the things we do have loading area on the south - 28 - 1 end as well as a dumpster location -- enclosed 2 dumpster location. 3 CHAIRWOMAN BETTINGER: Commissioner Jasek? 4 (Indiscernible) regarding the application. 5 COM. JASEK: (Indiscernible) would have 6 involved, and J & C should have been ready last year 7 just one of the applications? 8 MR. BEASLEY: After we received the conditional 9 zoning certificate dated March, 30, this year, 2006. 10 COM. JASEK: Didn't we mention to you that you 11 had complied with this (indiscernible). 12 MR. BEASLEY: They put a generic note on it to 13 obtain all local state and county approvals. 14 COM. JASEK: Yeah, I would assume so. You are 15 come here to -- (indiscernible). 16 MR. BEASELY: Excuse me? 17 COM. JASEK: I assume that change this for 18 other (indiscernible) County (indiscernible). It 19 would suggest that it is a (indiscernible). 20 MR. BEASLEY: Yes. 21 COM. JASEK: And that's why you should be 22 applying to the County Planning Board. 23 MR. BEASLEY: That's why we're here, sir. 24 COM. JASEK: Because the (indiscernible). 25 MR. BEASLEY: Yeah, that was actually recently - 29 - 1 brought to my attention. There is some construction 2 that was started -- the contractor did jump the gun 3 on this, it came to everyone's attention and the 4 construction was stopped, and we do apologize for 5 that. The construction is stopped. 6 COM. JASEK: Well, I had a discussion on that 7 with the pick up was rubbish and (indiscernible). 8 Somehow it's disturbing to me because it may not be 9 fine that the contractor was very, very 10 (indiscernible) he was on the side (indiscernible). 11 MR. BEASLEY: That's actually only recently 12 been brought to my attention. 13 COM. JASEK: Yeah, I know, I'm not saying that 14 you're -- I'm just saying -- 15 MR. BEASLEY: The sacrificial lamb. 16 COM. JASEK: That doesn't actually make it so 17 only (indiscernible) four times a day. I notice it 18 the very first day, (indiscernible) recognize I was 19 expecting this case to be much sooner than it is. 20 It's not really a good practice to sign a contract 21 and then and then -- (indiscernible). 22 MR. BEASLEY: You're correct. 23 COM. JASEK: Already (indiscernible). 24 CHAIRWOMAN BETTINGER: Do we have any other 25 comments? - 30 - 1 BOARD MEMBER: Mr. Beasley? 2 MR. BEASLEY: Yes, sir? 3 BOARD MEMBER: You say there's no vehicle 4 (indiscernible) by moving on account of that now? 5 MR. BEASLEY: Well, this is just an entrance, 6 just an entrance. 7 CHAIRWOMAN BETTINGER: Do I have a motion to 8 approve this application? 9 COM. MEHTA: I make a motion to approve? 10 CHAIRWOMAN BETTINGER: Second? 11 COM. CHOFFO: Second. 12 MR. SECRETARY: On motion introduced by 13 Commissioner Mehta, seconded by Commissioner Choffo. 14 Commissioner Avagliano? 15 COM. AVAGLIANO: I vote aye. 16 MR. SECRETARY: Commissioner Choffo? 17 COM. CHOFFO: Aye. 18 MR. SECRETARY: Commissioner Jasek? 19 COM. JASEK: Aye. 20 MR. SECRETARY: Commissioner Mehta? 21 COM. MEHTA: Aye. 22 MR. SECRETARY: Commissioner Ng? 23 COM. NG: Aye. 24 MR. SECRETARY: Chairwoman Bettinger? 25 CHAIRWOMAN BETTINGER: I vote aye. - 31 - 1 (Indiscernible). 2 MR. SECRETARY: You're welcome. Good night. 3 CHAIRWOMAN BETTINGER: Thank you. 4 MR. BEASLEY: Thank you. 5 CHAIRWOMAN BETTINGER: Next application Mr. 6 Secretary? 7 MR. SECRETARY: The next application, SP48-06, 8 First Bank Americano, 201-205 Frank E. Rogers 9 Boulevard, Harrison. 10 MR. BENNETT: Good evening Madam Chairwoman, 11 members of the board. My name is Garret Bennett, B- 12 E-N-N-E-T-T, appearing on behalf of the applicant, 13 First Bank Americano. The application comes with an 14 approval granted by the planning board of the Town 15 of Harrison and it was approved on the 22nd of 16 March, 2006. We have applied to the Hudson County 17 Board requesting your permission to approve the plan 18 to commence construction based upon the fact that 19 it's on the corner of Frank E. Rogers Boulevard, 20 North and County Road and also bordered on the other 21 side of its corner by Hamilton Street. First Bank 22 Americano, and this, by the way of notation, 23 although I believe all of the other documentation 24 and correspondence has it correct, the agenda does 25 have First Banco and it's actually just First Bank. - 32 - 1 Just for purposes of insuring that it doesn't appear 2 in any other documentation that way, I just wanted 3 to correct them. But First Bank Americano is a 4 small minority bank. It already has two branches, 5 one in Union City and one in West New York here in 6 Hudson County as well as branches that are set to 7 open in Passaic, Clifton, Roselle and its main 8 office in Elizabeth. The Town of Harrison reviewed 9 the plan, it's a small bank, one story, 2,475 square 10 feet. It replaced what had been a somewhat 11 antiquated and dilapidated multi-family dwelling 12 adjacent to a tavern. And those buildings have been 13 razed and it's this application that we come before 14 the board with this evening, requesting approval. I 15 have J.H. Brown who is the engineer who prepared the 16 plans that were submitted to the board and we 17 received initial correspondence and feedback from 18 the board by correspondence dated July 14, 2006 19 which we addressed. A follow-up correspondence 20 dated September 12, 2006, came from Mr. Marks noting 21 two detail notations that Mr. Brown will address 22 this evening that were, in fact, addressed, but may 23 not have been as clearly visible when the plans were 24 reviewed. With that, I'd like to have Mr. Brown 25 sworn in? - 33 - 1 MR. SECRETARY: Please state your name and 2 professional affiliation for the record? 3 MR. BROWN: James R. Brown, B-R-O-W-N, I'm a 4 licensed professional engineer in New Jersey, my 5 license is current and I've been licensed in New 6 Jersey since 1984. I am a graduate of Georgia 7 Institute of Technology in Atlanta, a graduate of 8 New Jersey Institute of Technology; I'm also a 9 Professor of Civil Engineering and PhD candidate at 10 NJIT. 11 MR. BENNETT: Mr. Brown, you were engaged to 12 prepare the plans for First Bank Americano regarding 13 their proposed branch in Harrison? 14 MR. BROWN: Yes, I was. 15 MR. BENNETT: And if you would, just go over 16 the plan that was submitted to the board and making 17 special note, if you would, of the areas that were 18 set forth in the July 14th and follow-up 19 correspondence of September 12th by the engineering 20 review? 21 MR. SECRETARY: Mr. Brown, before you begin, 22 let us just swear you in. 23 (Mr. Brown is sworn.) 24 MR. BROWN: First off, I apologize for not 25 bringing any maps to this so I'm going to do my best - 34 - 1 to show you what is stated here. 2 MR. BENNETT: He was kind enough to commandeer 3 a colleague's easel span that he has to bring back 4 there -- what we have is a corner -- 5 CHAIRWOMAN BETTINGER: Could you please mark 6 the exhibit that you are referring to? 7 MR. BROWN: Yes, I am referring to SP1.2, 8 Latest Revision 725-06 and it is entitled separating 9 plan. What we have is on the corner of Frank Rogers 10 Boulevard and Hamilton Street -- is the proposed 11 bank. And access to the bank is off of Hamilton 12 Street, one-way, circulating through the rear, we do 13 have several parking spaces here and exiting back 14 onto Frank Rogers Boulevard, where we can only have 15 a right turn. We've provided for concrete 16 replacement of the sidewalk completely around the 17 property as is noted on previous applications and 18 there are -- I'm going to go right into the letter 19 that was dated July 14th -- there were four items 20 that were listed -- that we were asked to cover. 21 First was the NJDOT 9x18 curb, which we do show on 22 our site plan in the lower right hand corner. And 23 it's depicted -- it's called by the 9x18 concrete 24 curb detail in accordance with the NAJTo manual. 25 Distance in accordance with the NJDOT as called for - 35 - 1 on its July 14th letter. Also, we were asked to put 2 on ramp delineators at the corner, a handicapped 3 ramp, which we have shown here -- around the corner 4 where we have pressed a handicapped ramp. The Item 5 Number 2 Plats call -- show two new pipes for the 6 trench drain. What we've done, as a result of this 7 letter is we've tied those two together under the 8 sidewalk that we plan to remove and replace anyway - 9 - we're tying into the one manhole out in Frank 10 Rogers Boulevard. Item Number 3, the existing inlet 11 onto Hamilton and Frank Rogers Boulevard, we were 12 asked to replace the curb with a four inch curb 13 piece to better accommodate handicapped ramps, which 14 we show on our note here, calling out for that to be 15 replaced. The fourth item the applicant must agree 16 to own and maintain new trees and sidewalk. And I 17 believe -- 18 MR. BENNETT: The applicant has agreed to do 19 that as a part of their approvals before the town. 20 Mr. Brown, you were also present before the town 21 when this application was reviewed? 22 MR. BROWN: Yes, I was. 23 MR. BENNETT: And does this reflect the product 24 of the comments, both by T&M Engineering on behalf 25 of the board and Harrison as well as the Harrison - 36 - 1 Board with regard to ingress, egress? 2 MR. BROWN: Yes, we were in discussion with 3 them for several months, and we were in compliance 4 with what they directed. 5 MR. BENNETT: For lack of a better term, the 6 ingress and egress was tweaked a little bit to the 7 extent of bringing it down, narrowing it and 8 ensuring that you could only turn right out onto 9 Frank Rogers Boulevard? 10 Mr. BROWN: That is correct. Initially we had 11 a larger and we had -- I believe we had either 12 direction turning but we were directed to narrow 13 those down -- make them a little smaller and 14 directed traffic one-way, right turn onto Frank 15 Rogers Boulevard. 16 MR. BENNETT: And that, in your opinion, would 17 that provide a much better traffic flow exiting onto 18 the county roadway? 19 MR. BROWN: Yes, it would. 20 MR. BENNETT: And, in addition, does it 21 maximize, also on street parking? 22 MR. BROWN: Absolutely. 23 MR. BENNETT: I have no further questions for 24 Mr. Brown. If the board members have specific 25 questions or -- Mr. Jasek, Commissioner Jasek? - 37 - 1 COM. JASEK: I have no questions I will hold my 2 questions to the (indiscernible). 3 MR. BROWN: Thank you. 4 MR. BENNETT: I also would note that I have the 5 president of the bank here, this evening. I had 6 asked him to come because I thought it was important 7 that if the board did have any questions with regard 8 to the bank that he would be here to field them. So 9 clearly, if there is any questions regarding the 10 bank, he's happy to have another location in Hudson 11 County in hopes that perhaps, in the future he can 12 open similar type locations. Thank you. 13 CHAIRWOMAN BETTINGER: Does anyone have a 14 motion to approve this application? Does anyone 15 have any questions? 16 COM. CHOFFO: I'll make a motion. 17 CHAIRWOMAN BETTINGER: Do I have a second? 18 COM. MEHTA: I will second. 19 MR. SECRETARY: On a motion that was introduced 20 by Commissioner Choffo, seconded by Commissioner 21 Mehta. Commissioner Avagliano? 22 COM. AVAGLIANO: I vote aye. 23 MR. SECRETARY: Commissioner Choffo? 24 COM. CHOFFO: Aye. 25 MR. SECRETARY: Commissioner Jasek? - 38 - 1 COM. JASEK: Aye. 2 MR. SECRETARY: Commissioner Mehta? 3 COM. MEHTA: Aye. 4 MR. SECRETARY: Commissioner Ng? 5 COM. NG: Aye. 6 MR. SECRETARY: Chairwoman Bettinger? 7 CHAIRWOMAN BETTINGER: I vote aye. Thank you. 8 MR. BENNETT: Thank you very much, I appreciate 9 it, and the bank thanks you for your cooperation. 10 MR. SECRETARY: Madam Chair SP73-06 Daibes Gas 11 19 LLC, 1505 Kennedy Boulevard in Jersey City. 12 There was a conflict tonight and their attorney, Mr. 13 Falino wasn't able to make it. He requested that we 14 ask -- rather, he asked for an adjournment. 15 Adjournment is granted? 16 CHAIRWOMAN BETTINGER: Do I have a motion? 17 COM. AVAGLIANO: I'll make the motion 18 (indiscernible). 19 CHAIRWOMAN BETTINGER: Do I have a second? 20 COM. NG: I'll second. 21 MR. SECRETARY: On a motion introduced by 22 Commissioner Avagliano and seconded by Commissioner 23 Ng, Commissioner Avagliano? 24 COM. AVAGLIANO: I vote aye. 25 MR. SECRETARY: Commissioner Choffo? - 39 - 1 COM. CHOFFO: Aye. 2 MR. SECRETARY: Commissioner Jasek? 3 COM. JASEK: Aye. 4 MR. SECRETARY: Commissioner Mehta? 5 COM. MEHTA: Aye. 6 MR. SECRETARY: Commissioner Ng? 7 COM. NG: Aye. 8 MR. SECRETARY: Chairwoman Bettinger? 9 CHAIRWOMAN BETTINGER: Aye. 10 MR. SECRETARY: The next application, SP85-06 11 1911 Grand Avenue Realty, LLC, 1911 Grand Avenue, 12 North Bergen. 13 MR. EHRENWORTH: Good evening Chairwoman 14 Bettinger, members of the commission, my name is 15 Douglas Ehrenworth from the law firm of Spector & 16 Ehrenworth appearing on behalf of tonight's 17 applicant: 1911 Grand Avenue Realty, LLC. I have 18 one witness to present, Fred Porcello, and I'd like 19 to call him now, please. Mr. Porcello, could you 20 please be sworn in? 21 MR. SECRETARY: Please state your name and 22 spell your last name and please supply your 23 address -- the address of your professional 24 operation? 25 MR. PORCELLO: Mr. Frederick Porcello, P-O-R-C- - 40 - 1 E-L-L-O, I am a licensed professional engineer in 2 New Jersey and also a licensed professional planner. 3 I am the president of Porcello Engineering located 4 at 12 Maple Avenue, Pine Brook, New Jersey. 5 MR. EHRENWORTH: I could do further voir dire, 6 but I would appreciate it if the board would accept 7 Mr. Porcello as an expert engineer for the purposes 8 of this application? Thank you. 9 (Mr. Porcello is sworn.) 10 MR. EHRENWORTH: Mr. Porcello, could you 11 describe for the board the building that is the 12 subject of this application and its history and 13 development, please? 14 MR. PORCELLO: Yes. The building in question 15 is located at 1911 Grand Avenue. It fronts Grand 16 Avenue to the east and it also backs up to Patterson 17 Plank Road to the west by use of this report, there 18 is a site plan located in the lower -- I mean in the 19 upper left corner -- this being that Grand Avenue 20 Extension. The front of the building, Patterson 21 Plank Road and the rear of the structure. 22 MR. EHRENWORTH: Fred, could I just interrupt 23 you and ask you to identify which sheet from the 24 application plans you are referring to? 25 MR. PORCELLO: This is Sheet 2 of 3, also - 41 - 1 identified as SP-1. 2 MR. EHRENWORTH: You're welcome. Thanks. 3 MR. PORCELLO: The structure -- the existing 4 structure was constructed in 1999 and in 2002 the 5 former developer and owner made application to the 6 Bergen County Planning Board -- 7 MR. EHRENWORTH: Excuse me, did you mean, North 8 Bergen? You said Bergen County. 9 MR. PORCELLO: Oh, I'm sorry, North Bergen 10 Planning Board for improvement of the building. It 11 was previously twenty-one units and they made an 12 application for an additional six. Those six units 13 were contained within the existing structure at a 14 lower level that required some excavation and 15 improvement. That work was done and those units 16 were nearly completed. As part of that application 17 there was, apparently, also an agreement with a 18 developer to remove a retaining wall along Patterson 19 Plank Road and to construct a new modular block 20 retaining wall at that location. 21 The current developer made application to 22 finish those six units, actually there was just some 23 upgrades that were required -- fire and electrical 24 and things of that nature -- primarily cosmetic. 25 And in addition to that, the application included - 42 - 1 completion of the retaining wall that had formerly 2 been started and approximately fifty percent 3 complete. The drawing that I presented shows a 4 staircase that was completed and also a section of 5 wall beginning at the south end and extending about 6 seventy-four some-odd feet from the south end to 7 this location. All of that work was done in 2002 8 and apparently that developer defaulted and did not 9 complete it. When the current developer purchased 10 the property that wall needed to be completed and 11 that's the purpose of our application tonight. 12 As it turns out, this drawing was submitted to 13 the town and a construction permit was obtained and 14 the wall has actually been completed already, prior 15 to our knowledge that an application had to be also 16 filed with this board, assuming that the previous 17 application that had been filed was adequate for us 18 to continue doing work once we had obtained a new 19 construction permit -- that work was then finished. 20 So it was an error on our behalf that we did not 21 make application to this board but frankly, we 22 thought that the prior approval was still acceptable 23 for the work that had to be done. 24 That wall has now been constructed -- the 25 remaining wall -- which is about -- according to the - 43 - 1 drawing that I've shown it's about a hundred feet. 2 It ranges in height from about nine feet to thirteen 3 feet in the north end -- the highest portion is 4 about thirteen feet in the north end. 5 We did inspections as the wall was being 6 constructed. It was constructed in accordance with 7 the details that we presented on these drawings and 8 also in accordance with the modular block 9 manufacturer's guide specifications. 10 So, to that extent, not only am I able to 11 present to you the design that we've prepared but 12 also represent to you that we did periodic 13 inspections during the course of the construction. 14 MR. EHRENWORTH: Fred, can you tell the board 15 if you had an opportunity to review the September 16 12, 2006 letter that was sent to the applicant by 17 Mr. Marks? 18 MR. PORCELLO: Yes, I have. 19 MR. EHRENWORTH: And are you able to address 20 Mr. Marks' concerns. There were six separate 21 numbered points in that letter. 22 MR. PORCELLO: Yes, I'd like to just get my 23 copy so I can refer to the individual points if I 24 may. 25 The first item that was mentioned is more of an - 44 - 1 administrative issue, and that is that the site is 2 located along a county road -- meaning Patterson 3 Plank Road and the County Planning Board has 4 jurisdiction over the application and, as I 5 mentioned, we recognize that and as I also indicated 6 it was an oversight on our behalf that we had to 7 appear in order to receive an additional approval in 8 order to complete this work. 9 The second item on the letter requests that 10 lights be added to the exterior stairs at the first 11 platform. We have added two sodium lights -- 12 actually at the lower two landings; one at the 13 first landing and one at the second landing that we 14 thought would be appropriate, even though only one 15 light was asked for. 16 The third item on the letter indicates that the 17 drawing notes should indicate that the four-inch 18 drain pipe be perforated and should also indicate 19 where that is to terminate. We had shown a drain 20 pipe in this detail previously, we have since 21 indicated that it is a four inch drain pipe, it was 22 always supposed to be a four inch perforated drain 23 pipe, we simply made that modification to the 24 drawing -- the perforated pipe was, in fact, 25 installed. - 45 - 1 In addition to that, when the drain pipe was 2 installed we used filter fabric to wrap it. And the 3 reason I bring that up is that on the next -- on the 4 next item we were asked to revise the plan showing 5 filter fabric behind the wall. I'm not exactly sure 6 what was requested there, because with the geogrid 7 construction it's not possible to install a vertical 8 filter fabric and so -- in addition to the fact that 9 this particular manufacturer of modular block does 10 not recommend the use of filter fabric because it 11 has a tendency to clog and create hydrostatic 12 pressure -- we simply wrapped the drain pipe with 13 filter fabric to prevent sediment from entering that 14 drain pipe which, I believe is customary in the 15 industry for this type of construction. 16 We've also indicated, on a note, that that 17 drain pipe is to terminate at the manhole located 18 along the Plank Boulevard to intercept storm water 19 that may enter the pipe. 20 (Off the record to change the tape.) 21 MR. BENNETT: Mr. Porcello, you were discussing 22 the termination of the four-inch drain pipe in the 23 manhole, could you review that please? 24 MR. PORCELLO: Yes, as I stated previously, the 25 drain pipe which runs behind the wall and collects - 46 - 1 any storm water that may -- or ground water that may 2 infiltrate the drainage blanket behind the wall will 3 in fact, or does in fact terminate at the manhole 4 located at Patterson Plank Road. 5 The other item that was asked, under Item 4 was 6 that the compacted sill or that the instill soil be 7 reclassified as compacted sill at 95 percent maximum 8 dry density. During the course of the work, as pack 9 was being placed, the contractor did in fact do 10 compaction. I personally witnessed the plate tamper 11 on the site and the compaction effort that was 12 required being applied. 13 The fifth item on the list is that the 14 applicant obtain necessary state and municipal 15 permits and approval. As I previously indicated an 16 application had been made before the township of 17 North Bergen and in fact a construction permit had 18 previously been obtained and we are here now in 19 order to obtain the necessary county approval as 20 well. 21 The last item is that the applicant shall 22 obtain county road holding permits, if necessary, 23 from the Office of the County Engineer. Since this 24 work has been done and there was no need to open the 25 road, there would be no need for obtaining the road - 47 - 1 opening permit. 2 The only remaining work that is left is the 3 installation of a sidewalk and curb along Patterson 4 Plank Road which was previously indicated on the 5 drawings and there would be no change to that. At 6 this time we are simply asking for approval for that 7 work to be done. I believe we can remove the curb 8 and install a new one without opening the road or 9 without doing any damage to the road and the same 10 with the sidewalk. There is also some landscaping 11 that has to be done behind the wall, but other than 12 that the construction work has been completed. 13 If the Board wishes I have photographs with me 14 that would demonstrate the condition of the wall 15 prior to the work being done and I have some 16 photographs that are almost at the finished stage, 17 they were taken about a week or ten days before the 18 final blocks were laid. But it shows a significant 19 amount of work being completed at the time the 20 photographs were done. 21 CHAIRWOMAN BETTINGER: Can we ask that we have 22 the photographs (indiscernible discussion). 23 MR. BENNETT: That concludes our presentation, 24 unless, of course, there are questions from the 25 Board to Mr. Porcello or from the public. The only - 48 - 1 thing that I would add on behalf of the applicant is 2 that we would like please to be able to proceed at 3 risk before the resolution that is prepared is read 4 into the record and approved whenever it's next 5 available. We would like to continue with the work. 6 There has been a stop-work notice issued and if that 7 could please be lifted so that we can go at our own 8 risk. There should not be a failure of that 9 resolution or for prerogative writ action should be 10 filed challenging the decision of the board, 11 assuming that approval is granted. 12 We understand that you are not granting us 13 final approval, but we would like to tell you that, 14 with your consent we would like to move ahead at 15 risk please, so if we can keep moving. We have 16 construction contracts out, we're afraid about 17 changing in the weather, not that afraid, but we'd 18 like to keep moving if we could and not have to come 19 back in October before we can start up again, 20 please. 21 CHAIRWOMAN BETTINGER: Counselor? 22 MR. SECRETARY: We provide -- we've allowed 23 other applicants up to that -- I have no problem 24 with that. 25 CHAIRWOMAN BETTINGER: Granted. - 49 - 1 MR. BENNETT: Thank you very much. 2 CHAIRWOMAN BETTINGER: Mr. Jasek? 3 MR. JASEK: Madam Chairperson I have a 4 (indiscernible) comment (indiscernible.) 5 MR. BENNETT: We have already done that, we 6 have obtained the application -- the permit 7 application has been completed which also has 8 attached to it the county curb requirement and 9 sidewalk requirement. 10 MR. JASEK: Very good. (Indiscernible.) One 11 comment (indiscernible). 12 MR. BENNETT: That is correct. 13 MR. JASEK: Now, for the record, the evidence 14 will be (indiscernible) at 1911 Grand Avenue and the 15 sidewalk is on Patterson Plank Road. I just want to 16 state for the record it is a (indiscernible) 17 association, their own recycle and failure to do the 18 clean up? 19 MR. BENNETT: There's no question that the 20 condominium owners' association -- there's been a 21 master suit filed -- the condominium owners 22 association will own the sidewalk just as it will 23 own all common areas. 24 MR. JASEK: Very good. I just want to make 25 sure that the (indiscernible). - 50 - 1 SPEAKER: Will North Bergen require off street 2 parking fro the additional lofts? 3 MR. BENNET: No, sir. They granted original 4 set down approval once in '99 and modified that in 5 2002 and they did not require site plan approval. 6 They also entered into an original developers' 7 agreement, they modified that in December of 2005 8 for the completion of the remain -- of the other six 9 units without requesting any off-street parking. 10 MR. JASEK: (Indiscernible). 11 MR. BENNETT: Not yet. That work is still 12 being completed, and I think that the North Bergen 13 Building Office would like to see that this 14 component of the legality is concluded before they 15 issue a certificate of occupancy for anyone to 16 reside in that property. They'd like to know that 17 this board has approved. But other than that, we 18 don't believe that there's any problems. 19 MR. JASEK: Thank you. 20 MR. BENNETT: You're welcome. 21 CHAIRWOMAN BETTINGER: Do I have a motion? 22 COM. MEHTA: I make the motion to approve. 23 CHAIRWOMAN BETTINGER: Do I have a second? 24 COM. CHOFFO: I'll second. 25 MR. SECRETARY: On motion to approve by - 51 - 1 Commissioner Mehta and seconded by Commissioner 2 Choffo, Commissioner Avagliano? 3 COM. AVAGLIANO: I vote aye. 4 MR. SECRETARY: Commissioner Choffo? 5 COM. CHOFFO: Aye. 6 MR. SECRETARY: Commissioner Jasek? 7 COM. JASEK: Aye. 8 MR. SECRETARY: Commissioner Mehta? 9 COM. MEHTA: Aye. 10 MR. SECRETARY: Commissioner Ng? 11 COM. NG: Aye. 12 MR. SECRETARY: Chairwoman Bettinger? 13 CHAIRWOMAN BETTINGER: Aye. Thank you, Mr. 14 Bennett. 15 MR. BENNETT: Thank you very much. 16 MR. BROWN: Thank you. 17 CHAIRWOMAN BETTINGER: Next application Mr. 18 Secretary? 19 MR. SECRETARY: The next application is SD86- 20 06, St. Paul's RC Church/James Deluna 178-188 21 Lembeck Avenue, Jersey City. 22 MR. BODIE: Good evening Chair and board. My 23 name is Neil V. Bodie, I'm an attorney with the law 24 firm of Kyle Foley -- I'm here this evening to 25 present a subdivision on behalf -- - 52 - 1 CHAIRWOMAN BETTINGER: We need you to speak up 2 a little bit (indiscernible). 3 MR. BODIE: I apologize. 4 CHAIRWOMAN BETTINGER: That's better. 5 MR. BODIE: Neil V. Bodie from Kyle Foley. I'm 6 here to present a subdivision on behalf of St. 7 Paul's Roman Catholic Church and James Deluna. We 8 received Jersey City Planning Board approval for the 9 subdivision on June 13, 2006. The subject property 10 is 178 to 188 Lembeck Avenue in Jersey City. It's 11 important to note that the property is not on a 12 county road and does not affect county range. I 13 have Don Walby from Dresdner Robin here this evening 14 to discuss the subdivision. Should you have any 15 questions at this time I'd like to ask permission of 16 the board to have Mr. Walby sworn in as an expert. 17 MR. SECRETARY: State your name, spell your 18 last name for the record and indicate your 19 affiliation, please. 20 MR. WALBY: My name is Donald Walby, W-A-L-B-Y, 21 I am a licensed professional land surveyor with the 22 firm of Dresdner Robin located here in Jersey City. 23 (Mr. Walby is sworn.) 24 MR. WALBY: I am without easel, but I don't 25 think it's difficult because it's a fairly small - 53 - 1 plan. The advocate has created or recreated, if you 2 will, six residential lots along Lembeck Avenue 3 within Jersey City, all of which have -- 4 CHAIRWOMAN BETTINGER: Would you please 5 identify the plan that you refer to? 6 MR. WALBY: Sure, it is a plan prepared by 7 Dresdner Robin, signed by me. It is a survey and 8 major subdivision plat 168 through 188 Lembeck 9 Avenue. The applicant is James Deluna and Nicolas 10 Gregolias as well as St. Paul's School. 11 CHAIRWOMAN BETTINGER: Thank you. 12 MR. WALBY: What the applicant is doing is 13 recreating six lots out of five. The lots that are 14 created all have a standard lot width, all have more 15 than the minimum lot area as required by the zoning 16 in Jersey City. That's a very simple application. 17 MR. JASEK: I have a question. (Indiscernible) 18 the school? 19 MR. WALBY: The school is now being -- I 20 believe it is being rented by another organization 21 which has a school in it, yes. 22 MR. JASEK: Because the way I understand is 23 some confusion to be stand there was a basketball 24 courts along the building lines. 25 MR. WALBY: That is correct and I do not - 54 - 1 believe that those basketball courts are used by the 2 covered facility. 3 MR. JASEK: The school needs some green space 4 for the kids to come out and get a breath of fresh 5 air to breathe right? I just -- I have broken it? 6 CHAIRWOMAN BETTINGER: Is this for housing? 7 MR. WALBY: Yes, the applicant proposes to 8 build six homes on this property. 9 CHAIRWOMAN BETTINGER: Excuse me, on that 10 school, the third floor, is that for that private 11 school that's there now? 12 MR. WALBY: Excuse me? 13 CHAIRWOMAN BETTINGER: It's a private school 14 now, you said the third floor, St. Paul's? 15 MR. WALBY: The private school I have no idea 16 what they -- 17 CHAIRWOMAN BETTINGER: Thank you, now I know 18 where I'm at. 19 BOARD MEMBER: Madam Chairman, I have a form 20 right (indiscernible) it shows pictures, lots of 21 pictures bunker hill I have some -- school and 22 houses. 23 UNIDENTIFIED SPEAKER: Madam Chairlady, if I 24 might, the application indicates subdividing 25 fourteen lots into fifteen. - 55 - 1 MR. WALBY: Well, they also indicate the lots 2 that the school was sitting on, but the active re- 3 division is only into six lots that appear along 4 Lembeck Street. The other lots that were part of 5 the application because they were within the 6 ownership of the school are not proposed to be 7 divided. 8 BOARD MEMBER: The application indicates that 9 they're going to approve three lots with two -- into 10 two family dwellings. By only putting buildings on 11 three of them or are they all going to have 12 buildings? 13 MR. BODIE: To field that question it would be 14 better to turn to the applicant. 15 MR. DELUNA: My name is James DeLuna. 16 MR. SECRETARY: Just spell your last name for 17 the record? 18 MR. DELUNA: D-E, capital L-U-N-A. 19 (Mr. DeLuna is sworn.) 20 MR. DELUNA: This subdivision was to create six 21 lots. Out of those six lots, the school is going to 22 retain the three lots closest to the school which 23 they have no plans to develop yet. I will be the 24 owner of the other three lots on the western portion 25 of it and have plans to build three homes. - 56 - 1 BOARD MEMBER: The approvals from Jersey City 2 extend through the construction of the approval for 3 three homes? 4 MR. DELUNA: Yes. If we can get a variance for 5 three homes. 6 BOARD MEMBER: But only three? 7 Mr. DELUNA: Yes. 8 CHAIRWOMAN BETTINGER: Mr. Deluna, who actually 9 owns the property now? Is it St. Paul's Catholic 10 Church and you --or you're purchasing it from the -- 11 MR. DELUNA: I presently own three of the lots, 12 St. Paul's owns the remainder. We're rearranging 13 who owns what through (indiscernible.) 14 CHAIRWOMAN BETTINGER: So, the school will 15 still have access to the other lots? 16 MR. DELUNA: Yes, there's a fence there now 17 blocking the basketball court, that fence isn't 18 going to go. 19 CHAIRWOMAN BETTINGER: Does that answer your -- 20 COM. JASEK: (Indiscernible.) 21 MR. DELUNA: Not that I know of. I'm not sure. 22 CHAIRWOMAN BETTINGER: Do I have a motion to 23 accept this application? 24 COM. MEHTA: I move to accept the application. 25 CHAIRWOMAN BETTINGER: Do I have a second? - 57 - 1 COM. AVAGLIANO: I'll second it. 2 MR. SECRETARY: On a motion introduced by 3 Commissioner Mehta, seconded by Commissioner 4 Avagliano, Commissioner Avagliano? 5 COM. AVAGLIANO: I vote aye. 6 MR. SECRETARY: Commissioner Choffo? 7 COM. CHOFFO: Aye. 8 MR. SECRETARY: Commissioner Jasek? 9 COM JASEK: No. 10 MR. SECRETARY: Commissioner Mehta? 11 COM. MEHTA: I know that it is unfortunate that 12 Jersey City approved and Hudson County voted in part 13 affected by this application so we don't have any 14 other choice, I say yeah. 15 MR. SECRETARY: Commissioner Ng? 16 COM. NG: Aye. 17 MR. SECRETARY: Chairwoman Bettinger? 18 CHAIRWOMAN BETTINGER: I vote aye. I hope that 19 the church in the area will be able to leave the 20 basketball court (indiscernible.) 21 MR. BODIE: Thank you. 22 MR. DELUNA: Thank you. 23 MR. SECRETARY: Thank you 24 CHAIRWOMAN BETTINGER: Next application this 25 evening. - 58 - 1 MR. SECRETARY: The next application, SP88-06, 2 Omnipoint Communications, Incorporated, 431-437 3 Kennedy Boulevard, Bayonne. 4 MR. PIRE: Good evening Chairwoman, members of 5 the board, my name is James Pire I'm here 6 representing Omnipoint Communications. In this 7 matter we are -- I filed this application with the 8 board because we're along a county road. This 9 involves an application for cellular communications 10 antennas on an existing building that was approved 11 last month by the Bayonne board of adjustment. 12 There was a typo when I did the application, I think 13 I indicated it was approved in 2005, it was actually 14 approved in 2006. I do have the applicant's 15 engineer here, Mr. Toms, who is prepared to give the 16 board a taste or overview of what is proposed, which 17 is essentially consists of antennas as well as 18 related equipment cabinets for a wireless 19 communications network. The applicant is Omnipoint 20 Communications. You may be more familiar with it 21 under the name of T-Mobile, that is the brand name 22 under which it operates. I would have Mr. Toms 23 sworn in. 24 MR. SECRETARY: Please state your name and 25 spell your last name and give your professional - 59 - 1 affiliation. 2 MR. TOMS: My name is Robert William Toms, T-O- 3 M-S, I am a professional engineer licensed in the 4 State of New Jersey. I am a vice president with the 5 MTM Design Group at 82 Bethany Road, Hazlet, New 6 Jersey. I'm licensed in the State of New Jersey 7 since 1991, graduated from Pennsylvania State 8 University in 1986 with a Bachelor of Science from 9 the School of Engineering, specialized in structural 10 and town planning. 11 (Mr. Toms is sworn.) 12 MR. PIRE: Could you please identify the 13 drawing that you will be referring to for us, 14 please? 15 MR. TOMS: Yes, right now I have drawing A-1, 16 the latest version of drawing A-1 which is labeled 17 Revision 6. This incorporates the conditions that 18 the municipality did set forth for us. The proposed 19 installation basically has three equipment cabinets 20 for Omnipoint Communications located at the rear of 21 this building which is the southwest corner, within 22 a fenced in area. Its existing fencing -- some of 23 it's dilapidated, we're going to repair it and 24 install new fencing. The equipment is approximately 25 5 foot 6 high. It will not be visible beyond the - 60 - 1 fencing. There's going to be antennas up on the 2 roof, there's going to be six antennas total. 3 There's three groupings of two antennas as per 4 Bayonne's Ordinance. We are enclosing the antennas 5 within a stealth concealment panel, so the antennas 6 will not be visible. There's three that we have -- 7 we have one at the north face and two that are in 8 the southeast corner. We have worked with the City 9 Planner of Bayonne in conjunction also, with Sprint 10 who also has an application on this. And we're 11 doing a similar plane with all to blend with the 12 building. And as I had mentioned before the 13 equipment cabinet's on grade level on a concrete 14 pad. Cables will be routed from the equipment up 15 the rear wall avoiding any windows, fire escape 16 issues, up to the roof, along the roof to the 17 antennas and they will power the antennas up. 18 MR. PIRE: Mr. Toms, since this is located on a 19 county road, there's a question, obviously, is there 20 any impact on the county roadway from an 21 installation of this nature? 22 MR. TOMS: No, there is no impact with this 23 installation. The equipment is only serviced once 24 every thirty to forty-five days, there's one 25 technician driving up in a car. The visual impact - 61 - 1 is taken by the equipment by the antennas being 2 hidden. 3 MR. PIRE: No change to ingress or egress, no 4 change in curb cuts, et cetera? 5 MR. TOMS: No, none at all. And as the 6 conditions set forth by the City of Bayonne was -- 7 on this revision that we incorporate stealth of the 8 Sprint installation, which is showing up on the 9 roof, and also to plant two trees along the street 10 which is showing along West 16th Street. 11 MR. PIRE: And no impact on county drainage, is 12 that correct as well? 13 MR. TOMS: There's no impact on county 14 drainage. There's -- this installation -- we're not 15 changing the amount of impervious surface at grade 16 level and the rest of the installation is basically 17 up on the roof level. 18 MR. PIRE: That completes the testimony of Mr. 19 Toms with respect to this application. 20 MR. JASEK: Is there any other (indiscernible) 21 from any other companies on this roof? 22 MR. TOMS: At the current time there is no 23 other application as besides what we are proposing 24 and what Sprint's proposing. 25 MR. PIRE: When Sprint files with Bayonne, I'm - 62 - 1 not sure what their status is, we don't represent 2 Sprint, but I expect that they will also file with 3 the County Board because it's on Kennedy Boulevard. 4 MR. JASEK: I know that you have another 5 application which is on Kennedy Boulevard? 6 MR. PIRE: Yes, there's another application 7 that we have 10E for Kennedy Boulevard -- 8 MR. JASEK: Yes, I just noticed we are hearing 9 that one, yes. But it's owned by the same member of 10 the first one? It doesn't say so. (Indiscernible.) 11 MR. PIRE: I suspect that -- it might be that 12 that's owned by the same person, both properties 13 they're not owned by the same person and that may 14 be -- when I type these things myself that's what 15 happens sometimes. The property at 431 and 437 16 Kennedy Boulevard is indicated on the plans is owned 17 by Miguel and Josepha Quintela and that's a mistake 18 on my part, I apologize to the board, it should have 19 been proofread more accurately. 20 BOARD MEMBER: Mr. Pire, could you just give us 21 that information as well as the -- 22 MR PIRE: Sure. 23 BOARD MEMBER: For the record. 24 MR. PIRE: And I'm reading from the plan for 25 431-437 Kennedy Boulevard, the owner is Miguel, M-I- - 63 - 1 G-U-E-L and Josepha, J-O-S-E-P-H-A Quintela, Q-U-I- 2 N-T-E-L-A and the address is the same address, 431 3 Kennedy Boulevard. If you like I could certainly 4 submit a corrected application. 5 CHAIRWOMAN BETTINGER: I'm just a little 6 confused which application has it wrong. The 7 application that -- 8 MR. BENNETT: The application as far as 9 (indiscernible). I apologize again -- 10 MR. SECRETARY: 88-06 11 CHAIRWOMAN BETTINGER: Okay. Thank you. 12 BOARD MEMBER: Did you say that 13 (indiscernible). 14 MR. PIRE: Sure. 15 BOARD MEMBER: What kind of building is this? 16 MR. TOMS: Okay, this is -- let me turn to 17 drawing A-2. Drawing A-2 has a couple of elevations 18 showing on it -- this is a four-story apartment 19 building, a brick based building. Up at roof level 20 there's an existing several chimneys and a couple of 21 penthouses -- three penthouses, I believe. 22 CHAIRWOMAN BETTINGER: It's a condominium? 23 MR. TOMS: No. 24 CHAIRWOMAN BETTINGER: Okay. 25 MR. PIRE: It's a rental apartment. - 64 - 1 MR. TOMS: It's a rental apartment, yes sir. 2 BOARD MEMBER: What's the cross street? 3 MR. TOMS: West 16th Street. 4 MR. PIRE: And this is located at the southwest 5 corner of Kennedy and West 16th. 6 BOARD MEMBER: Could you just give us the 7 reference on the other one just so that -- 8 MR. TOMS: Yes, it's drawing A-2. 9 BOARD MEMBER: A-2? 10 MR. TOMS: Drawing A-2, yes. 11 BOARD MEMBER: Okay, thank you. 12 CHAIRWOMAN BETTINGER: Commissioner Chaffo? 13 COM: CHAFFO: The equipment shed is going to be 14 located on the ground level, you said? 15 MR. TOMS: Yes, the equipment is located -- 16 there's an existing alleyway behind the building on 17 the west side. Right now there's existing wood 18 fencing -- it's basically a wood fenced-in compound 19 in the corner. The equipment's going to stand 20 between the very far south end of the building 21 towards the fence at the west. 22 BOARD MEMBER: How far is that from the 23 neighboring property? 24 MR. TOMS: I believe there's a neighboring 25 property on the other side of the fence, but there's - 65 - 1 an existing -- I believe it's an eight-foot fence, 2 the equipment is five foot six high and we are 3 proposing a twelve inch concrete slab that's going 4 to be four inches above grade level, so -- by doing 5 the math, everything's going to be below noise 6 requirements, EDP requirements at the property line, 7 this is very quiet equipment. 8 BOARD MEMBER: Commissioner Jasek did ask if 9 you say Sprint is going to do something in the 10 future -- do you know how many antennas they're 11 going to put up? 12 MR. TOMS: I believe they're going to use 13 twelve. We do show that, when we go back to -- 14 (Off the record -- audio change.) 15 It is going to be utilized in probe matters. 16 As I mentioned we had that was sitting they owned 17 and their antennas are going to be up in the 18 northeast corner on the north wing at the west side 19 and also at the south. They're going to actually 20 basically use a chimney and put the stealth paneling 21 and extend it farther down -- 22 BOARD MEMBER: Are they going to have other 23 equipment? 24 MR. TOMS: They're' going to have equipment on 25 the roof with a panel around it. - 66 - 1 CHAIRWOMAN BETTINGER: Any other comment? Do I 2 have a motion? 3 COM. CHOFFO: I'll bring the motion. 4 CHAIRWOMAN BETTINGER: Do we have a second? 5 COM. AVAGLIANO: I'll second. 6 MR. SECRETARY: On a motion that was introduced 7 by Commissioner Choffo and seconded by Commissioner 8 Avagliano. Commissioner Avagliano? 9 COM. AVAGLIANO: I vote aye. 10 MR. SECRETARY: Commissioner Choffo? 11 COM. CHOFFO: Aye. 12 MR. SECRETARY: Commissioner Jasek? 13 COM. JASEK: Aye. 14 MR. SECRETARY: Commissioner Mehta? 15 COM. MEHTA: Aye. 16 MR. SECRETARY: Commissioner Ng? 17 COM. NG: Aye. 18 MR. SECRETARY: Chairwoman Bettinger? 19 CHAIRWOMAN BETTINGER: Aye. The application is 20 approved. 21 MR. SECRETARY: The next application is SP89- 22 06, Omnipoint Communications Incorporated, 1084 23 Kennedy Boulevard, Bayonne. 24 MR. FARAGLIANO: Chairwoman, James Faragliano 25 on behalf of the applicant in this matter. - 67 - 1 Chairwoman, unexpectedly my engineer could not make 2 it tonight for this application and if I could, with 3 the board's indulgence, about Mr. Toms, with a 4 different engineering firm, if he could, kind of do 5 an impromptu presentation for me on this -- he came 6 here not expecting to do this but he has testified 7 on numerous cell site applications. This is very 8 similar to the other one. It's a little simpler in 9 one respect in that the equipment is entirely in the 10 basement. So, the only thing on the roof would be 11 the antennas and again, it's six antennas to be 12 located on the roof and again, they will be 13 concealed as requested by the board -- the stealth 14 type design. And again, street trees as requested 15 by the board. So, if I may, I'd just like to ask 16 Mr. Toms acting with very little preparation to do a 17 quick explanation with respect to this application. 18 MR. TOMS: This is another four-story building 19 I have been by this, I believe it's also an brick 20 based apartment building. The equipment's going to 21 be in the basement at the east side. The west side 22 is the face that Kennedy Boulevard is on. Again, 23 it's going to be a similar type of installation. 24 Equipment's going to be in the basement, it's going 25 to route out the back and up the rear wall to the - 68 - 1 roof. There is a convention that is required on 2 this one, because with the equipment in the basement 3 it needs to be cooled, so we need to have an air 4 handling unit. There's going to be six antennas 5 total. This is a little simpler that it doesn't 6 have the extent of paneling that we have on the 7 other project that we just discussed about. There's 8 going to be an individual panel in front of each of 9 these antennas. It's going to go -- if you look at 10 Drawing Z1, Z01, I should say, the existing height 11 of the building is fifty feet to the top of the 12 penthouse. These panels are simply going to go and 13 match the same elevation. So they're not going 14 above the existing part. 15 MR. FARAGLIANO: And this is the only carrier, 16 so far as we know, approved for this building, is 17 that correct? 18 MR. TOMS: Yes, as per the plans this is the 19 only carrier that is on the building -- that's 20 proposed to be on the building. 21 CHAIRWOMAN BETTINGER: Again, could you please 22 identify the drawing for the record? 23 MR. TOMS: Yeah, it's drawing Z-01. Looking at 24 this, let me see -- all right. This is West 46th 25 Street, West 46th Street and JFK Boulevard -- - 69 - 1 MR. FARAGLIANO: Thank you. 2 MR. TOMS: You're welcome. 3 CHAIRWOMAN BETTINGER: What type of a building 4 again is it? 5 MR. TOMS: This is another apartment building. 6 CHAIRWOMAN BETTINGER: This is a rental 7 apartment? 8 MR. TOMS: Rental apartment, yes. 9 BOARD MEMBER: Chairwoman Bettinger I have a 10 question: what type of electrical requirements set 11 equipment down? 12 MR. TOMS: The equipment requirements for both 13 sites -- a 200 amp electrical service. If the 14 building has inadequate service then the utility 15 company just brings in an extra new service for it. 16 BOARD MEMBER: Is that electrical equipment 17 above or below the flood plane? 18 MR. TOMS: It's above the flood plane. 19 BOARD MEMBER: Is it? 20 MR. TOMS: Yeah. 21 CHAIRWOMAN BETTINGER: Do I have a motion? 22 COM. JASEK: I make the motion. 23 CHAIRWOMAN BETTINGER: Second? 24 COM. NG: I second. 25 MR. SECRETARY: On a motion introduced by - 70 - 1 Commissioner Jasek, seconded by Commissioner Ng. 2 Commissioner Avagliano? 3 COM. AVAGLIANO: Aye. 4 MR. SECRETARY: Commissioner Choffo? 5 COM. CHOFFO: Aye. 6 MR. SECRETARY: Commissioner Jasek? 7 COM. JASEK: Aye. 8 MR. SECRETARY: Commissioner Mehta? 9 COM. MEHTA: Aye. 10 MR. SECRETARY: Commissioner Ng? 11 COM. NG: Aye. 12 MR. SECRETARY: Chairwoman Bettinger? 13 CHAIRWOMAN BETTINGER: Aye. 14 MR. FARAGLIANO: Chairwoman, thank you very 15 much and I think I now owe Mr. Toms dinner. 16 MR. SECRETARY: Okay. Thank you Mr. Toms. 17 MR. TOMS: Thank you. 18 CHAIRWOMAN BETTINGER: The next item on the 19 agenda is old business. Do we have any old 20 business? 21 BOARD MEMBER: Bistro Commissioners 22 (indiscernible). 23 MR. SECRETARY: Noted. 24 BOARD MEMBER: (Indiscernible). 25 MR. SECRETARY: That was the reward. - 71 - 1 BOARD MEMBER: Madam Chairwoman, one just 2 brief, with respect to (indiscernible) the property 3 when I can't get this to buy. There was a case 4 recently decided in the appellate division, it 5 involved another (indiscernible) but it's similar in 6 that the applicant was trying to avoid complying 7 with terms that were imposed by a planning board and 8 the court said they concluded avoid that and having 9 to fight -- even though the terms had been 10 instituted many years ago -- I think it was like, 11 seven or eight years ago and so the law department 12 sent it to me and said it might be helpful for us to 13 look into that (indiscernible). 14 CHAIRWOMAN BETTINGER: That's what the 15 (indiscernible.) 16 BOARD MEMBER: Okay. 17 CHAIRWOMAN BETTINGER: Does everyone else 18 agree? 19 BOARD MEMBER: I wanted you to know. 20 BOARD MEMBER: The neon with the lights -- you 21 know it's me. 22 CHAIRWOMAN BETTINGER: Commissioner Ng -- 23 MR. SECRETARY: Okay. I know that Steve had 24 printed through a few things and I'll check with him 25 tomorrow to make sure they're -- - 72 - 1 CHAIRWOMAN BETTINGER: He got them. 2 MR. SECRETARY: I know but that was -- there 3 was two missing and maybe they're in the office. I 4 was up there today and I got some stuff, I don't 5 know whether they're all detained, but I will look 6 into it. 7 CHAIRWOMAN BETTINGER: Okay, Michael, I'll be 8 waiting for you. 9 MR. SECRETARY: You got it. 10 CHAIRWOMAN BETTINGER: Neon. Do we have any 11 new business this evening? 12 BOARD MEMBER: Madam Chair -- counsel that we 13 can find to a method to impose penalties to apply to 14 the applicants that do not comply in reference to 15 SP47. This gentleman here has two applications 16 before the board also SP53-06 and in both 17 applications he has ignored a stop-work order from 18 the local construction official and has proceeded to 19 go with construction even though he has been issued 20 a stop-work order. 21 CHAIRWOMAN BETTINGER: Who is he? 22 BOARD MEMBER: The one is at Candlelight Motel. 23 I did an investigation back -- an inspection about 24 three weeks ago and he had already started putting 25 in a foundation. - 73 - 1 CHAIRWOMAN BETTINGER: What's the town? 2 BOARD MEMBER: In Secaucus. 3 BOARD MEMBER: Is that the motel across from 4 the (indiscernible). 5 BOARD MEMBER: Right. Now I specifically told 6 him that they could only do preliminary site work -- 7 clearing of some debris and vegetation and I was by 8 there last week and he had already begun installing 9 a trench to install a foundation. That's a 10 significant amount of material on site and it was 11 the same applicant at two different locations had 12 violated both stop-work orders. 13 BOARD MEMBER: Do you know the location? 14 BOARD MEMBER: Dunkin Donuts -- he owns the 15 same site, the one we just did tonight. 16 BOARD MEMBER: The one that we just approved? 17 BOARD MEMBER: It was stated in my letter. 18 MR. COUNSELOR: Madam Chairlady, if I might -- 19 this matter -- we've been aware of this matter -- at 20 least myself and Steve were aware of it -- we've 21 been speaking with the building inspector from 22 Secaucus. He called me specifically about this -- 23 he's the creator of (indiscernible). He's also been 24 inspecting it and on top of 'em -- and when I spoke 25 to him just a few days ago. He told me that he had - 74 - 1 called on them to stop work and wasn't allowed to do 2 their foundation and to wait until his application 3 could come here -- so -- they have the ability to -- 4 some stop work they enforce it with their hours is 5 more of a grey area while we could do that out of 6 the scope -- 7 BOARD MEMBER: Mr. Pradle also advised me that 8 if we had anything in our mechanism to hit them 9 heavily because they wouldn't comply with the stop 10 work order. 11 CHAIRWOMAN BETTINGER: Will you look at that? 12 BOARD MEMBER: Yeah, we'll look at it and see 13 what, specifically -- 14 BOARD MEMBER: I did pass by that -- 15 (Many members speaking simultaneously.) 16 BOARD MEMBER: I have a question. Remember 17 when we voted on this Continental -- who was here, 18 the fire chief the police chief -- 19 BOARD MEMBER: Police chief. 20 BOARD MEMBER: I don't think it looks so good. 21 The police chief of Secaucus and the damage is done. 22 BOARD MEMBER: Just yesterday (indiscernible) 23 and then if he would the photographs for SP53 and 24 could prepare that report. Again, we just -- he 25 continues to work. - 75 - 1 BOARD MEMBER: Mr. Popel is doing a lot of 2 building in and around Secaucus. Everyone's is very 3 familiar with him. 4 BOARD MEMBER: If we could find a mechanism in 5 our own system to sort of apply -- 6 BOARD MEMBER: I have a question, before -- we 7 look any -- 8 BOARD MEMBER: -- or deny his application. 9 CHAIRWOMAN BETTINGER: Right, exactly. 10 BOARD MEMBER: When we memorialized it, but we 11 just approved it -- 12 BOARD MEMBER: We did not memorialize it at the 13 meeting. 14 BOARD MEMBER: We could do a sit down approval 15 of the -- it's within our rights if we want to try 16 to do that -- at least it's on the record. 17 BOARD MEMBER: Yeah, I have no problem putting 18 it on the record, I just think the applicant at the 19 location if they will not abide by the stop work 20 order then we shouldn't grant approval. 21 (Indiscernible discussion.) 22 CHAIRWOMAN BETTINGER: -- Dunkin Donuts. I have 23 a question. If we change that and the Coach House 24 restaurant on Kennedy Boulevard -- they have a whole 25 lot of difficulty fixing that place for some odd -- - 76 - 1 that's a year ago we approved that. 2 BOARD MEMBER: Yes. 3 CHAIRWOMAN BETTINGER: And they're still in the 4 line of repairing it and it's very dangerous going 5 into that restaurant. When are they going to do 6 something -- there's something they're having an 7 awful lot of problems with the brothers there, 8 they're not getting along, or something's going on 9 because I was up there and it certainly doesn't look 10 like it's Hudson County Planning Board approval. 11 COM. JASEK: We made that approved. Where are 12 the sidewalk and we told them -- because it was not 13 done according to our plan. It might be one thing 14 which you noticed. Actually -- 15 (Many people speaking at once.) 16 BOARD MEMBER: Another thing, I was discussing 17 this applicant -- (indiscernible) that we continue 18 against to get the local approval and you can say 19 leave the important, and a couple of description 20 also on mail outgoing in the local approval. And 21 that can also -- because if you remember one of the 22 and (indiscernible) on Kennedy and one that 23 laundromat and here it like here -- with more than 24 forty, fifty people stay and eventually then we put 25 the fix on that it can be only be -- parking only. - 77 - 1 As well as there no public will allow to park and 2 they're supposed to put a gate. 3 CHAIRWOMAN BETTINGER: Right. 4 BOARD MEMBER: And it is hard to -- it's done. 5 CHAIRWOMAN BETTINGER: The gate and -- that's 6 another one -- that's where I -- 7 BOARD MEMBER: And I spoke to you know, the -- 8 only the board people and they tell me, they says 9 that there's this type of care and enforce that 10 they're have the resolutions pa