1 1 COUNTY OF HUDSON PLANNING BOARD 2 _________________________ 3 : TRANSCRIPT MEETING OF THE COUNTY OF : OF 4 HUDSON PLANNING BOARD : PROCEEDINGS _________________________ 5 6 6:30 p.m. Wednesday, March 19, 2008 7 567 Pavonia Avenue Jersey City, New Jersey 8 B E F O R E: 9 JUDE FITZGIBBONS, Chairperson 10 MARY E. AVAGLIANO, Commissioner RENEE BETTINGER, Commissioner 11 DANIEL CHOFFO, Commissioner DOREEN DiDOMENICO, Commissioner 12 MICHAEL HOLLOWAY, Commissioner KENNEDY NG, Commissioner 13 A L S O P R E S E N T: 14 THOMAS P. CALVANICO, ESQ. 15 Board Attorney 16 STEPHEN MARKS, PP, AICP Planning Director 17 MARIO TRIDENTE, 18 Development and Zoning Compliance Official 19 20 PROUT & CAMMAROTA, L.L.C. 21 CERTIFIED SHORTHAND REPORTERS 147 COLUMBIA TURNPIKE 22 FLORHAM PARK, NJ 07932 TEL: (973) 660-0600 FAX: (973) 660-1966 23 24 25 2 1 (Time noted 6:35.) 2 CHAIRMAN FITZGIBBONS: Good 3 evening. I would like to call to order the 4 regular meeting of the Hudson County Planning 5 Board for March 19, 2008. 6 Counselor, has this meeting been 7 properly advertised? 8 ATTORNEY CALVANICO: Yes, Mr. 9 Chairman, the meeting has been properly 10 advertised in accordance with the Open Public 11 Meetings Act, been posted on the bulletin 12 board of both the County Clerk and the Board 13 of Chosen Freeholders, and published in the 14 Jersey Journal newspaper. 15 CHAIRMAN FITZGIBBONS: Mr. 16 Secretary, may I have the roll call please. 17 DIRECTOR MARKS: Commissioner 18 Avagliano? 19 COMMISSIONER AVAGLIANO: Here. 20 DIRECTOR MARKS: Commissioner 21 Bettinger? 22 COMMISSIONER BETTINGER: Here. 23 DIRECTOR MARKS: Commissioner 24 Choffo? 25 COMMISSIONER CHOFFO: Here. 3 1 DIRECTOR MARKS: Commissioner 2 DiDomenico? No response. 3 Commissioner Holloway? 4 COMMISSIONER HOLLOWAY: Here. 5 DIRECTOR MARKS: Commissioner 6 Jasek? 7 COMMISSIONER JASEK: Here. 8 DIRECTOR MARKS: Commissioner 9 Mehta? No response. 10 Commissioner Munoz? 11 Commissioner Ng? 12 COMMISSIONER NG: Here. 13 DIRECTOR MARKS: Commissioner 14 Fitzgibbons? 15 CHAIRMAN FITZGIBBONS: Here. 16 DIRECTOR MARKS: Mr. Chairman, 17 we have a quorum. 18 CHAIRMAN FITZGIBBONS: Will 19 everyone please rise. 20 (All rise to salute the Flag.) 21 CHAIRMAN FITZGIBBONS: Do I have 22 a motion to approve the minutes from the last 23 meeting? 24 COMMISSIONER AVAGLIANO: Motion 25 to accept. 4 1 COMMISSIONER CHOFFO: Second. 2 DIRECTOR MARKS: Mr. Chairman, 3 on a motion to accept the minutes from 4 February 20, 2008 made by Commissioner 5 Avagliano and seconded by Commissioner Choffo, 6 Commissioner Avagliano? 7 COMMISSIONER AVAGLIANO: Aye. 8 DIRECTOR MARKS: Commissioner 9 Bettinger? 10 COMMISSIONER BETTINGER: Aye. 11 DIRECTOR MARKS: Commissioner 12 Choffo? 13 COMMISSIONER CHOFFO: Aye. 14 DIRECTOR MARKS: Commissioner 15 Holloway? 16 COMMISSIONER HOLLOWAY: Abstain. 17 DIRECTOR MARKS: Commissioner 18 Jasek? 19 COMMISSIONER JASEK: Aye. 20 DIRECTOR MARKS: Commissioner 21 Ng? 22 COMMISSIONER NG: Commissioner 23 Fitzgibbons? 24 CHAIRMAN FITZGIBBONS: Aye. 25 DIRECTOR MARKS: Mr. Chairman, 5 1 the motion passed. 2 CHAIRMAN FITZGIBBONS: Do we 3 have anybody from the public that wishes to 4 speak? 5 (No response.) 6 CHAIRMAN FITZGIBBONS: Next on 7 the agenda is Memorialization of Resolutions 8 Approved or Conditionally Approved at the last 9 meeting. 10 DIRECTOR MARKS: Mr. Chairman, 11 the applications approved at the last meeting 12 are as follows: 13 Application 2007-050-SD, Sawmill 14 Park, located at 660, 670 and 680 Belleville 15 Turnpike which is Blocks 150 and 150 A, Lots 16 52.01, 52.02, 52.03 and 44 through 51 in the 17 Town of Kearny. 18 And application 2008-012-SP, 19 Richard Kocher, applicant, located at 207 20 Second Street which is Block 177, Lots 18 and 21 21.2 in the City of Hoboken. 22 Do we have a motion to accept? 23 COMMISSIONER AVAGLIANO: Motion 24 to accept. 25 COMMISSIONER BETTINGER: I will 6 1 second the motion. 2 DIRECTOR MARKS: Mr. Chairman, 3 on a motion to accept made by Commissioner 4 Avagliano and seconded by Commissioner 5 Bettinger, Commissioner Avagliano? 6 COMMISSIONER AVAGLIANO: Aye. 7 DIRECTOR MARKS: Commissioner 8 Bettinger? 9 COMMISSIONER BETTINGER: Aye. 10 DIRECTOR MARKS: Commissioner 11 Choffo? 12 COMMISSIONER CHOFFO: Aye. 13 DIRECTOR MARKS: Commissioner 14 Holloway? 15 COMMISSIONER HOLLOWAY: Abstain. 16 DIRECTOR MARKS: Commissioner 17 Jasek? 18 COMMISSIONER JASEK: Aye. 19 DIRECTOR MARKS: Commissioner 20 Ng? 21 COMMISSIONER NG: Aye. 22 DIRECTOR MARKS: Chairman 23 Fitzgibbons? 24 CHAIRMAN FITZGIBBONS: Aye. 25 DIRECTOR MARKS: Mr. Chairman, 7 1 the motion passed. 2 CHAIRMAN FITZGIBBONS: 3 Applications to be exempt? 4 DIRECTOR MARKS: Mr. Chairman, 5 the applications to be declared exempt are as 6 follows: 7 Application 2008-022-SD, WA 8 Residential, located at 100 Caven Point Road 9 which is Block 1497, Lots 28 and 29 in the 10 City of Jersey City. 11 Application 2008-030-SP, 12 Omnipoint Communications, located at 192-202 13 Davis Avenue which is Block 239, Lot 19, in 14 the Town of Kearny. 15 And application 2008-031-SD, 16 Billy Rodolfos, located at 19-21 Ravine Avenue 17 which is Block 70, Lot 34 in the City of 18 Jersey City. 19 CHAIRMAN FITZGIBBONS: Do we 20 have a motion? 21 COMMISSIONER CHOFFO: I will 22 make a motion. 23 COMMISSIONER AVAGLIANO: Motion 24 to accept. 25 DIRECTOR MARKS: Mr. Chairman, 8 1 on a motion made by Commissioner Choffo and 2 seconded by Commissioner Avagliano, 3 Commissioner Avagliano? 4 COMMISSIONER AVAGLIANO: Aye. 5 DIRECTOR MARKS: Commissioner 6 Bettinger? 7 COMMISSIONER BETTINGER: Aye. 8 DIRECTOR MARKS: Commissioner 9 Choffo? 10 COMMISSIONER CHOFFO: Aye. 11 DIRECTOR MARKS: Commissioner 12 Holloway? 13 COMMISSIONER HOLLOWAY: Aye. 14 DIRECTOR MARKS: Commissioner 15 Jasek? 16 COMMISSIONER JASEK: Aye. 17 DIRECTOR MARKS: Commissioner 18 Ng? 19 COMMISSIONER NG: Aye. 20 DIRECTOR MARKS: Chairman 21 Fitzgibbons? 22 CHAIRMAN FITZGIBBONS: Aye. 23 DIRECTOR MARKS: The motion 24 passed. 25 CHAIRMAN FITZGIBBONS: Site 9 1 Plans and Subdivisions and other matters next 2 on the agenda. 3 DIRECTOR MARKS: The first 4 application scheduled for public hearing is 5 application 2007-073-SP, Roadway Express, 6 located at 78 Second Street, which is Block 7 295, Lots 8, 9, 10, 13 in the Town of Kearny. 8 MR. BENNETT: Good evening, Mr. 9 Chairman, members of the Board, Gary Bennett, 10 B-E-N-N-E-T-T, appearing on behalf of Roadway 11 Express in the connection with the application 12 before you. 13 This application is for property 14 located at Second Street and Central Avenue 15 within the Town of Kearny, an application that 16 has been committed for review by this Board 17 subsequent to approval by the Town of Kearny 18 on November 1st of 2007. 19 This calls for Roadway Express 20 to expand their current trucking facility 21 located at that location on Central and Second 22 by adding an additional 42 doors, loading 23 docks, to their facility. 24 In doing so they will have to 25 eliminate eight of the existing doors, so a 10 1 net of 34 doors to the building. 2 As part of this proposal there 3 is going to be substantial renovations to the 4 existing facility and, in addition, there is 5 going to be the planting of over 100 bushes 6 and trees on the facility to further offset it 7 and provide screening and esthetically improve 8 the area. 9 Roadway Express found themselves 10 also at the crossroads, no pun intended, of 11 having to either improve and expand this 12 facility or find it obsolete. 13 They are an international 14 company and they are committed to this area, 15 committed to this site, and for that reason 16 they have expended the funds necessary to 17 commit to this project and I have present here 18 this evening to provide testimony answering 19 specific questions you may have, Frank Hammer 20 who is the Northeast Regional Engineer in 21 charge of properties for Roadway and, in 22 addition, I also have from GBC Design 23 Engineering, John Walsh. Those are the two 24 individuals most familiar with it. 25 With the Board's permission I 11 1 would like to briefly have Mr. Hammer provide 2 a little oversight of the project and then 3 supplement it with some testimony briefly by 4 the engineer. 5 Mr. Hammer. 6 ATTORNEY CALVANICO: State your 7 name spell your last name for the record. 8 MR. HAMMER: Frank Hammer, 9 H-A-M-M-E-R. 10 ATTORNEY CALVANICO: Please 11 raise your right hand. 12 (Mr. Hammer was duly sworn.) 13 MR. BENNETT: Mr. Hammer, by 14 whom are you employed? 15 MR. HAMMER: By Yellow Roadway 16 Corporation of which Roadway is a subsidiary 17 of that corporation. 18 MR. BENNETT: And as your title 19 indicates, Northeast Regional Engineer in 20 charge of properties is part of that area the 21 State of New Jersey? 22 MR. HAMMER: Yes, it is. 23 MR. BENNETT: And obviously you 24 are intimately familiar already with the 25 Kearny site having analyzed it as to its 12 1 viability for the future? 2 MR. HAMMER: That is correct. 3 MR. BENNETT: And as part of 4 that analysis, have you come to the conclusion 5 that without substantial commitment of 6 improvements and somewhat of an inspection of 7 this site, that this facility would become 8 obsolete? 9 MR. HAMMER: This is true, yes. 10 MR. BENNETT: And the company 11 has approved and committed to this project 12 should it be approved by this Board as it has 13 been by the Kearny Board, is that correct? 14 MR. HAMMER: That is correct. 15 MR. BENNETT: And if you would, 16 just briefly describe the nature of the 17 business that is operating on the site. 18 MR. HAMMER: Transfer of 19 freight, transfer of freight for -- it is one 20 of many, many hubs in the area, but this is a 21 hub that we want to expand and have more 22 activity, consolidating some areas and 23 redesigning some of the territory that goes 24 into this particular site. 25 MR. BENNETT: And the site is of 13 1 sufficient size to accommodate the proposed 2 16,575 square foot additions, is it not? 3 MR. HAMMER: Yes, it is. 4 MR. BENNETT: And you have 5 parking around the area, an additional 28 6 parking spaces will be created as a result of 7 this modification; is that correct? 8 MR. HAMMER: Yes. 9 MR. BENNETT: And given the size 10 of the facility, the number of employees, you 11 have sufficient size, sufficient room to make 12 this a viable site from here towards the 13 future? 14 MR. HAMMER: That is correct, 15 yes. 16 MR. BENNETT: And as part of 17 this project you have been requested to take a 18 look at the area by way of landscaping and so 19 forth and you have done that, have you not? 20 MR. HAMMER: We have. 21 MR. BENNETT: And as a result of 22 the plan that was submitted to the county here 23 and also submitted and approved in Kearny, 24 calls for the planting of over 100 trees and 25 bushes along Central and Second Avenue, does 14 1 it not? 2 MR. HAMMER: Yes, it does. 3 MR. BENNETT: In addition, the 4 sidewalks along the length of Second were to 5 be replaced as part of this project, were they 6 not? 7 MR. HAMMER: Yes, they are being 8 replaced, yes. 9 MR. BENNETT: And there was an 10 additional section that was not originally in 11 the plans to be replaced, but upon comments 12 from the Board and the Board's professionals, 13 you reviewed that area of Second also, didn't 14 you? 15 MR. HAMMER: We reviewed it, we 16 went out, looked at it today, and inspected 17 it. 18 MR. BENNETT: Is it not your 19 opinion that you join in the request that Mr. 20 Marks indicated in his correspondence to the 21 Board that that section also should be 22 replaced as part of this? 23 MR. HAMMER: Yes, yes, I agree 24 with this, yes. 25 MR. BENNETT: And that will 15 1 create across the front of your property the 2 entire length of Second new sidewalks and 3 curbs? 4 MR. HAMMER: That is correct, 5 yes. 6 MR. BENNETT: And other than 7 that, the addition itself is nothing more or 8 less than additional doors to provide an 9 easier access for vehicles coming in and out 10 loading and unloading? 11 MR. HAMMER: Yes. 12 MR. BENNETT: I have no further 13 questions of Mr. Hammer directly. 14 If the Board members would like 15 to ask questions now or, in the alternative, I 16 will have Mr. Walsh sworn in and leave both of 17 them under oath so they can field 18 independently any questions. 19 CHAIRMAN FITZGIBBONS: I would 20 like to have him sworn in. 21 MR. CALVANICO: Raise your right 22 hand. 23 (Mr. Walsh duly sworn.) 24 ATTORNEY CALVANICO: Witness has 25 been sworn. 16 1 MR. BENNETT: Mr. Walsh, you are 2 a professional engineer; is that correct? 3 MR. WALSH: Yes, sir. 4 MR. BENNETT: Without going too 5 far into it, take me back, if you would, just 6 for the Board's benefit since you would not be 7 appearing here on a regular basis, your 8 educational background. 9 MR. WALSH: Graduate from 10 University of Acron in Ohio in 1987. 11 MR. BENNETT: And when did you 12 become a professional engineer? 13 MR. WALSH: In Ohio, 1993. 14 MR. BENNETT: And you are 15 licensed in the State of Ohio? 16 MR. WALSH: Yes, sir. 17 MR. BENNETT: Any other states? 18 MR. WALSH: Approximately ten to 19 12 states at this point. 20 MR. BENNETT: And your 21 engineering firm GBC Design is located in 22 Acron, Ohio; is that correct? 23 MR. WALSH: Yes, sir. 24 MR. BENNETT: Do you on a 25 regular basis do design work and engineering 17 1 work for Roadway Express and YRC Worldwide? 2 MR. WALSH: Yes, sir. 3 MR. BENNETT: And did you have 4 an opportunity in fact to be retained to 5 design this site plan for this new facility in 6 the addition of the 42 doors? 7 MR. WALSH: Yes, sir. 8 MR. BENNETT: And as part of 9 that design, you have submitted to this Board 10 along with the Kearny Board, designs that 11 indicate not only the additional buildings, 12 but the landscaping surrounding it? 13 MR. WALSH: Yes. 14 MR. BENNETT: And given that 15 design, do you believe that this site is of 16 sufficient size to accommodate the proposed 17 addition? 18 MR. WALSH: Yes. 19 MR. BENNETT: It is a rather 20 large site, isn't it? 21 MR. WALSH: Yes. 22 MR. BENNETT: Given its location 23 it was in need of, for lack of a better term, 24 some facelifting? 25 MR. WALSH: Yes. 18 1 MR. BENNETT: And part of that 2 facelifting is new sidewalks, new landscaping 3 and a brand new part of the building? 4 MR. WALSH: Yes. 5 MR. BENNETT: And have you 6 attempted the best you possibly can from an 7 engineering point of view not only to address 8 the concerns of the Town of Kearny with 9 respect to any questions raised, but address 10 the complaints of Mr. Klein and Mr. Marks in 11 their correspondence? 12 MR. WALSH: Yes. 13 MR. BENNETT: And do you believe 14 the plans you submitted are of the intention 15 here, and Mr. Hammer, that there will be a 16 complete replacement of the Second Avenue 17 sidewalks? Do you believe that that 18 constitutes the best you can possibly address 19 those comments? 20 MR. WALSH: Yes. 21 MR. BENNETT: I have nothing 22 further of Mr. Walsh. If there are any 23 specific questions of either Mr. Walsh or Mr. 24 Hammer, Mr. Chairman, I would be happy to have 25 them field them. 19 1 COMMISSIONER JASEK: Mr. 2 Chairman, Mr. Walsh, is there an entrance from 3 Central Avenue? 4 MR. WALSH: Onto this property, 5 no, sir. 6 COMMISSIONER JASEK: No? Okay. 7 MR. WALSH: The only entrance is 8 off of Second. 9 COMMISSIONER JASEK: The same 10 where it is now? 11 MR. WALSH: Yes. We are going 12 to utilize -- the existing entrance now is 13 going to be utilized for the expansion. 14 COMMISSIONER JASEK: Very good. 15 Do you have any idea about a 16 start of the construction? 17 MR. WALSH: We actually met with 18 the contractor today. We are hoping to start. 19 MR. BENNETT: Yesterday? 20 MR. WALSH: Yesterday, yeah. 21 COMMISSIONER JASEK: The reason 22 I am asking is that the county will pave 23 Central Avenue in about two months, all right? 24 So we don't want two contractors 25 to be in the way of each other. The whole 20 1 Central Avenue will be paved. 2 MR. WALSH: Most of our work -- 3 all the our work is going to be constructed to 4 on our site. 5 COMMISSIONER JASEK: You will do 6 the sidewalk around Central Avenue? 7 MR. WALSH: No, sir, just 8 Second. There is a sidewalk that exists on 9 Central. I belief the original report from 10 staff said there wasn't a sidewalk there, but 11 there is a sidewalk on Central. 12 COMMISSIONER JASEK: I see in 13 the comment letter from the Division of 14 Planning, February 14, Item Number 6, it says 15 that Central Avenue is the subject of 16 significant pedestrian activity and the site 17 plan is to include a four foot sidewalk and 18 four foot wide plantings around the entire 19 frontage on Central Avenue. 20 That is the reason I am asking. 21 DIRECTOR MARKS: Mr. Chairman, 22 if I could just interrupt. 23 After we initially took a look 24 at the site, both Mr. Tridente and myself 25 separately looked at the site. The area that 21 1 was pretty well routed from pedestrian 2 activity was actually a section north of this 3 block and Central Avenue adjacent to Roadway 4 Express has sidewalks in place. 5 So I would withdraw my 6 recommendation for that. It is the 7 recommendation the sidewalks from Central 8 Avenue to the front gate are in pretty bad 9 shape and it is our recommendation to have 10 those sidewalks replaced. 11 MR. BENNETT: And they will be. 12 We agree with that. 13 COMMISSIONER JASEK: Mr. 14 Chairman, I see in the record from Mr. 15 Tridente that he said the curb and sidewalk 16 along Central Avenue are in serviceable 17 condition. 18 It means it is in very good 19 condition? 20 MR. TRIDENT: Yes, sir. 21 COMMISSIONER JASEK: Okay, I 22 haven't been there for a while. What about 23 the fence on the Central Avenue side? Are you 24 going do put in new fencing? 25 MR. BENNETT: No, sir, we are 22 1 going to keep the existing fence. 2 COMMISSIONER JASEK: Mr. 3 Tridente, what is the condition of that fence? 4 MR. TRIDENTE: Serviceable 5 condition. 6 COMMISSIONER JASEK: Is it 7 acceptable? 8 MR. TRIDENTE: Yes. 9 COMMISSIONER JASEK: Very good. 10 COMMISSIONER HOLLOWAY: The 11 photo I see looks like it is leaning, looks 12 like it is getting ready to fall. 13 MR. TRIDENTE: That is the fence 14 that is along Central Avenue. 15 COMMISSIONER HOLLOWAY: Adjacent 16 to their property? 17 MR. TRIDENTE: Yes. 18 COMMISSIONER HOLLOWAY: The 19 fence is okay, safe? 20 MR. TRIDENTE: Mr. Chairman, I 21 would like to ask, is the section of fence 22 along Second Avenue going to be replaced from 23 the railroad tracks to the front gate? 24 MR. BENNETT: It is a small 25 section coming in. 23 1 MR. WALSH: The plans currently 2 don't show that fence being replaced. 3 MR. TRIDENTE: I make a 4 recommendation that they rehabilitate that, 5 they bring it up. Some of the cross members 6 are missing. 7 COMMISSIONER HOLLOWAY: Could 8 you tell me what street this is? Is it Second 9 Street? 10 MR. TRIDENTE: Second Street. 11 MR. WALSH: Which section is 12 that, which section of fence? 13 MR. TRIDENTE: From the railroad 14 tracks to the entrance to the front gate. 15 MR. WALSH: That is fine. 16 DIRECTOR MARKS: Mr. Chairman, 17 we do have Mr. Lee Klein here from T&M who 18 prepared a comment letter and prepared the 19 traffic study. 20 MR. KLEIN: Lee Klein from T&M 21 Associates. I had a couple of 22 clarification-type questions. 23 If you could just give us an 24 idea of the existing number of employees that 25 are on the site? Maybe Mr. Hammer. 24 1 MR. BENNETT: We have the 2 terminal manager here. 3 ATTORNEY CALVANICO: State your 4 name, spell your last name for the record. 5 MR. SMILEY: Steve Smiley, 6 S-M-I-L-E-Y. 7 (Mr. Smiley was duly sworn.) 8 MR. BENNETT: Mr. Smiley is the 9 terminal manager for this particular facility. 10 MR. SMILEY: Presently I have 11 about 100 employees including drivers, dock 12 men, clerical staff, supervisory and 13 janitorial. 14 MR. KLEIN: And the future 15 number of employees? 16 MR. SMILEY: The future we are 17 going to gain 18 drivers and eleven dockmen 18 and probably three or four clerks depending on 19 rate studies. 20 COMMISSIONER HOLLOWAY: Mr. 21 Chairman, I have a question, if I may. 22 CHAIRMAN FITZGIBBONS: Yes. 23 COMMISSIONER HOLLOWAY: Do you 24 have any maintenance planned for the grounds 25 here? 25 1 MR. SMILEY: Yes. 2 COMMISSIONER HOLLOWAY: I know 3 this area very well and not just your company 4 but other companies along the fence outside 5 it, there is always debris all over. 6 MR. SMILEY: We have two 7 full-time janitors on staff and as it gets 8 nicer out they do go and clean that up and cut 9 the grass and do all those things. 10 COMMISSIONER HOLLOWAY: Thank 11 you. 12 MR. KLEIN: Mr. Smiley, if you 13 could tell us how many existing loading docks 14 there are today and the new total. 15 MR. SMILEY: Right now I think 16 it is 72 and we are adding. 17 MR. KLEIN: Forty-two and adding 18 eight? 19 MR. SMILEY: So it is going to 20 be 106. 21 MR. KLEIN: I have no further 22 questions. 23 COMMISSIONER CHOFFO: I have a 24 question, Mr. Chairman. 25 CHAIRMAN FITZGIBBONS: 26 1 Commissioner Choffo. 2 COMMISSIONER CHOFFO: Will you 3 increase the number of driveways or put in 4 another driveway with the increase? 5 MR. SMILEY: You are gaining 6 more people coming in, but it is the same 7 number of trucks going up. They only go out 8 one at a time. It is a pretty large entrance. 9 COMMISSIONER CHOFFO: That's it. 10 CHAIRMAN FITZGIBBONS: Anybody 11 else have questions? 12 MR. TRIDENTE: Mr. Chairman, the 13 status of the terminal, is it currently now a 14 pickup and delivery or will it be changed to a 15 break bulk pickup? 16 MR. SMILEY: No, just a pickup 17 and delivery. 18 MR. TRIDENTE: One other 19 question. The fence along Second Avenue south 20 of the gate, is that going to be repaired? 21 MR. SMILEY: Yes. 22 MR. TRIDENTE: All of that. 23 MR. SMILEY: Yes, all replaced 24 and fixed. 25 MR. TRIDENTE: Are you going to 27 1 install some sort of barriers along the inside 2 of the fence that way when the yard traffic 3 backs up, the fence -- that they don't go 4 through the fence? 5 MR. SMILEY: In the one section 6 there is -- 7 COMMISSIONER HOLLOWAY: There 8 will be a curb and gutter. 9 MR. TRIDENTE: They should put 10 something along there. 11 MR. SMILEY: A curb there. 12 MR. HAMMER: There is going to 13 be a curb installed to prevent the trailers 14 from backing up against to the fence. 15 MR. TRIDENTE: It should be set 16 at a distance for those trailers that have the 17 tandems set up further on those trailers so 18 that way when they back up that might be the 19 case of the particular situation there, just 20 note. 21 No further questions. 22 COMMISSIONER HOLLOWAY: I have 23 one more question if I may, Mr. Chairman. 24 CHAIRMAN FITZGIBBONS: Go ahead. 25 COMMISSIONER HOLLOWAY: Second 28 1 Street, I notice there are telephone polls 2 there. 3 Are you putting trees along 4 Second Street? Trees. 5 MR. WALSH: The trees exist. I 6 think they are on our property now on the 7 inside of the fence and we are going to 8 continue that all the way down Second Street. 9 COMMISSIONER HOLLOWAY: Inside, 10 not outside? 11 MR. WALSH: All the way down 12 inside the fence. They would be outside of 13 it. 14 COMMISSIONER CHOFFO: Mr. 15 Bennett, I believe you mentioned this already, 16 but all the issues in Mr. Marks' letter and 17 T&M's letter have been talked about? 18 MR. BENNETT: Mr. Klein is 19 nodding his head and Mr. Marks, the primary 20 comment of concerns in his letter was that 21 area of sidewalk on Second Avenue, definitely 22 going to replace that. 23 MR. KLEIN: The only other 24 question I have, I think, is probably for Mr. 25 Walsh regarding drainage. 29 1 Right now the site drains the 2 way it does and in the future they will have 3 roof drains that will continue to drain. 4 Could you give us a little 5 information on where the drains eventually get 6 to? 7 MR. WALSH: Get to? I mean 8 right now the whole site is an impervious -- 9 it is either building or asphalt. 10 We are tearing out asphalt and 11 adding building. We are not changing the site 12 in the way it is today. 13 We are working with the town of 14 Kearny in taking the majority of the site 15 water that dumps into a combined sanitary and 16 storm sewer system and rerouting it into a 17 dedicated storm system on Second Avenue. 18 CHAIRMAN FITZGIBBONS: Anyone 19 else? 20 Do we have a motion? Before 21 they make a motion -- 22 DIRECTOR MARKS: Note 23 Commissioner DiDomenico is now present. 24 (Ms. DiDomenico enters room.) 25 CHAIRMAN FITZGIBBONS: Do we 30 1 have a motion to approve? 2 COMMISSIONER BETTINGER: I will 3 make a motion to approve. 4 COMMISSIONER CHOFFO: I will 5 second it. 6 DIRECTOR MARKS: Mr. Chairman, 7 on a motion to approve application 2007-073-SP 8 made by Commissioner Bettinger and seconded by 9 Commissioner Choffo, Commissioner Avagliano? 10 COMMISSIONER AVAGLIANO: Aye. 11 DIRECTOR MARKS: Commissioner 12 Bettinger? 13 14 COMMISSIONER BETTINGER: Aye. 15 DIRECTOR MARKS: Commissioner 16 Choffo? 17 COMMISSIONER CHOFFO: Aye. 18 DIRECTOR MARKS: Commissioner 19 DiDomenico? 20 COMMISSIONER DiDOMENICO: Aye. 21 DIRECTOR MARKS: Commissioner 22 Holloway? 23 COMMISSIONER HOLLOWAY: Aye. 24 DIRECTOR MARKS: Commissioner 25 Jasek? 31 1 COMMISSIONER JASEK: Aye. 2 DIRECTOR MARKS: Commissioner 3 Ng? 4 COMMISSIONER NG: Aye. 5 DIRECTOR MARKS: Chairman. 6 Fitzgibbons? 7 CHAIRMAN FITZGIBBONS: Aye. 8 DIRECTOR MARKS: Mr. Chairman, 9 the motion passes. 10 MR. BENNETT: Thank you very 11 much. We appreciate it. 12 COMMISSIONER HOLLOWAY: Can we 13 make sure that the conditions are done? 14 Sometimes when we put conditions out half the 15 people don't do it. 16 MR. HAMMER: Yes. 17 DIRECTOR MARKS: The conditions 18 will appear in the memorialize resolution for 19 next month. 20 COMMISSIONER HOLLOWAY: Okay. 21 DIRECTOR MARKS: Mr. Chairman, 22 the next application scheduled for public 23 hearing is 2007-078-SP which is Block 114 24 Development, LLC, located on Fourteenth Street 25 which is Block 114, Lots 18, 19 and parts of 32 1 14 through 17 in the City of Hoboken. 2 MR. Curley: John J. Curley, 3 C-U-R-L-E-Y, appearing for the applicant. 4 This application is for a parcel 5 of land in the City of Hoboken on Fourteenth 6 Street between Grand and Adams. 7 It is a proposed movie theater. 8 The site was before the Board previously on 9 the subdivision application and this is one of 10 the three parcels created by the subdivision. 11 The property is 50 by 200, 12 10,000 square feet. The proposed theater 13 would have five screens. The project was 14 approved by the Hoboken Planning Board on 15 October 15th, 2007, subject to a County 16 Planning Board review and approval. 17 With respect to Hoboken, the 18 property is in what is known as the northwest 19 redevelopment area, zone three which is the 20 commercial district, and the applicant is the 21 designated redeveloper under that 22 redevelopment plan and has an agreement with 23 the City of Hoboken to act as redeveloper. 24 This matter was reviewed by the 25 technical review committee on March 5, 2008. 33 1 We made some additional submissions following 2 that review and because we made the 3 submissions properly, we are on for tonight's 4 meeting. 5 I understand that the major open 6 issue with respect to this application is the 7 canopy or marquis which is proposed to be on 8 the theater and we will address that in the 9 course of our discussions. 10 I would like to call the civil 11 engineer for the project, Andy Missey, to 12 describe the project and the comments that 13 have been received from the county's experts. 14 ATTORNEY CALVANICO: Please 15 state your name and spell your last name for 16 the record. 17 MR. MISSEY: Andrew H. Missey, 18 M-I-S-S-E-Y. 19 (Mr. Missey was duly sworn). 20 ATTORNEY CALVANICO: The witness 21 has been sworn, Mr. Chairman. 22 MR. CURLEY: Mr. Missey, could 23 you briefly review your qualifications as a 24 civil engineer? 25 MR. MISSEY: Yes. I am a 34 1 licensed professional engineer in the State of 2 New Jersey. I have been practicing 3 engineering for the past 25 years, appeared 4 before you in November of last year on behalf 5 of this same applicant in the matter of the 6 subdivision of the parcel and my 7 qualifications since that time have not 8 changed. 9 MR. CURLEY: I would offer Mr. 10 Missey as an expert in civil engineering. 11 CHAIRMAN FITZGIBBONS: Okay. 12 MR. CURLEY: I have an exhibit 13 with me. If I may place it on the easel. 14 CHAIRMAN FITZGIBBONS: Yes, you 15 can. 16 Mark the exhibit, please. 17 MR. CURLEY: Mr. Chairman, shall 18 we mark that as A-1? 19 CHAIRMAN FITZGIBBONS: Yes. 20 (Exhibit so marked.) 21 ATTORNEY CALVANICO: Mr. Missey, 22 give us the official reference of the 23 document. 24 These have already been 25 submitted to the Board, yes? 35 1 MR. CURLEY: That's correct. 2 This plan is entitled Preliminary and Final 3 Site Plan Block 114 Development, LLC, Block 4 114, parts of Lots 14 to 17, Lots 18 and 19. 5 It has initial issue date of 6 March 29th of 2007 and its most recent 7 revision date is October 8 of 2007. 8 ATTORNEY CALVANICO: Thank you. 9 MR. MISSEY: What Exhibit A-1 10 indicates is the cinema, the five screen 11 cinema that is proposed for the site. 12 Right now the site is vacant and 13 it comprises the most northerly portion of 14 Block 114 which is bounded by Fourteenth 15 Street and the viaduct to the north, Grand 16 Street to the east, and Adams Street to the 17 west. 18 The building that is proposed 19 here will occupy all of this property, all of 20 the lot, and it will have, as Mr. Curly stated 21 before, five auditoriums, five screens, two on 22 the ground floor and three on a second level 23 of the theater. 24 The theaters or the auditoriums 25 on the first level will be about 250-seat 36 1 theaters each and the theaters on the upper 2 level will be about 145 seats each. 3 The main entrance to this 4 building, to this new cinema, will be about 5 the middle portion of the Fourteenth Street 6 frontage. There will also be exit doors on 7 both the Grand Street side and the Adams 8 Street side for emergency purposes solely. 9 Those will be exits. The 10 utilities will all be extended from either 11 Grand or Adams Street. There will be no 12 utility connections to serve this building 13 made from any of the utilities which are now 14 on the Fourteenth Street right of way. 15 The streetscape along both Grand 16 Street and Adams Street have begun by the 17 redevelopment of the residential portions of 18 that street and that will be carried through 19 this portion of the block as well. 20 There will be decorative lamp 21 posts installed and certain street trees 22 planted similar to how Grand Street and Adams 23 Street are right now redeveloped. 24 MR. CURLEY: Mr. Missey, was the 25 correction made by the landscape architect 37 1 with respect to the tree business to comply 2 with the county? 3 MR. MISSEY: The perforated pipe 4 that was originally included in the detail has 5 now been taken off the drawings, yes. 6 MR. CURLEY: Were the other 7 comments received by the, from the county's 8 experts addressed in the plans that were 9 submitted? 10 MR. MISSEY: That's correct. 11 MR. CURLEY: I have no other 12 questions. 13 CHAIRMAN FITZGIBBONS: Bob, do 14 you have a question? 15 COMMISSIONER JASEK: Mr. 16 Chairman, we discussed this project in the 17 planning review committee until death. 18 The major problem or major 19 obstacle is the canopy or marquis in front of 20 the theater on Fourteenth Street along the 21 Fourteenth Street viaduct. 22 As you know, we are very close 23 to design and construction of the brand new 24 viaduct. 25 The situation is such that after 38 1 last year's collapse of the bridge in 2 Minnesota, every day in the newspaper was a 3 story on Skyway and Fourteenth viaducts. 4 Due to that fact that it is on 5 the priority list of everybody, starting with 6 the Governor, we are receiving $45 million 7 construction money in 2009. So we will be 8 ready for construction. 9 We cannot have any obstacle 10 along the viaduct because there will be 11 cranes, there will be delivery trucks with the 12 steel, there will be concrete truck, so it is 13 absolutely necessary that until the 14 construction is completed, that there be no 15 obstruction from the building to the county 16 right of way. 17 Either you will design the 18 canopy in such a way that it can be removed or 19 you will, for the time until construction, you 20 will do some converse canopy or it is up to 21 you, but we cannot have any protrusion during 22 the construction of the viaduct. 23 MR. CURLEY: I believe that the 24 applicant understands that and I would point 25 out that the canopy and marquis are in the 39 1 county right of way and would require a 2 franchise from the county subject to whichever 3 condition the county imposes with respect to 4 the use of that right of way area. 5 CHAIRMAN FITZGIBBONS: I have a 6 question. 7 You had that in the plan. Did 8 you ever think about a retractable canopy? 9 MR. CURLEY: We haven't gone 10 that far. We weren't aware that it was going 11 to be an issue with the county's proposed 12 construction until we went through the review 13 of the plan. 14 The canopy does protrude more 15 prominently in one particular area, that is in 16 front of the entrance to the theater, and it 17 was our expectation that that would be cut 18 back, but I can certainly appreciate Mr. 19 Jasek's concerns with respect to the 20 construction project, particularly when the 21 county is not 100 percent sure about how that 22 project is going to be executed. 23 So reasonable conditions with 24 respect to the canopy are expected by the 25 applicant and we will abide by those 40 1 conditions. 2 COMMISSIONER JASEK: Mr. 3 Chairman, let me just further explain to the 4 Board. 5 The new viaduct will be 12 feet 6 wider on that south side than it is now. It 7 means it will be only three feet distance from 8 the curb. 9 In order to construct that new 10 section of the viaduct, the viaduct will be 11 completely new. We will construct one half, 12 we will demolish one half, build a new one. 13 Have the traffic run on the existing and 14 switch it so there will be no interaction in 15 the traffic. 16 But I definitely need that room 17 for the construction. 18 So the new construction will be 19 16 feet from the face of the building, edge of 20 the viaduct. I need that 16 feet, every inch 21 of that, in order to build it, to have the 22 crane there, to have the supplies with the 23 steel and building, so that is one condition 24 which really cannot be compromised. 25 COMMISSIONER BETTINGER: Mr. 41 1 Chairman, I have a question. Is there a 2 parking facility nearby? 3 MR. CURLEY: Yes, there is. On 4 Park Avenue there is parking on Park and there 5 is also a new eight level parking garage, one 6 acre per level, eight acres of parking which 7 is on 15th. 8 Now, not all of that parking is 9 open for public use, some of it supports 10 condominium development, but there is a 11 substantial amount of parking that is 12 available at that location. 13 The theory behind having this 14 urban-type theater with relatively small 15 auditoriums is not to attract a crowd from out 16 of town, it is really intended to be more of a 17 walking pedestrian facility that will fit in 18 with the emerging neighborhood up at the 19 northwest section of Hoboken. 20 For example, there is 21 approximately a 150-unit condominium building 22 on the same block that was built approximately 23 three years ago. There is a similar building 24 caddy corner to that with two 25 units that 25 was built maybe two years ago. 42 1 So we have what is growing as a 2 pedestrian-friendly community in an area in 3 the Town of Hoboken. 4 COMMISSIONER HOLLOWAY: Mr. 5 Chairman, I have a question. 6 CHAIRMAN FITZGIBBONS: Yes. 7 COMMISSIONER HOLLOWAY: Is this 8 a private theater? 9 MR. CURLEY: Yes, it is. It 10 will be built and operated by Clearview 11 Cinema. 12 COMMISSIONER HOLLOWAY: Private 13 meaning only the Hoboken community who lives 14 in that surrounding area can do that? 15 MR. CURLEY: No, it is open to 16 the public. 17 COMMISSIONER HOLLOWAY: So you 18 are assuming people won't drive there? 19 MR. CURLEY: We will assume 20 those who go there will go to park on Park or 21 the other public parking. 22 COMMISSIONER HOLLOWAY: How far 23 from the theater? 24 MR. CURLEY: Approximately two 25 to three blocks. 43 1 CHAIRMAN FITZGIBBONS: And I 2 know the area, I am familiar with it because I 3 am from Hoboken and that -- actually that 4 community is going to grow down there, going 5 to be huge development down there and if you 6 know Hoboken, if you think you are going to 7 park on the street and you don't have a 8 permit, forget about it. You won't have a car 9 to go back to. 10 COMMISSIONER HOLLOWAY: Never 11 even seen a theater with no parking at all. 12 That is crazy. 13 CHAIRMAN FITZGIBBONS: Ever see 14 the Lowe's? Remember the Lowe's? Remember 15 the Stanley Theater? 16 COMMISSIONER HOLLOWAY: How far 17 back is that, 1940? 18 DIRECTOR MARKS: Mr. Chairman, 19 Mr. Edwin Reimon is here from Medina 20 Consultants. He prepared a comment letter and 21 the applicant also has, Mr. John Pavlovich 22 from Edwards and Kelcy -- Jacobs, Edwards & 23 Kelcy and, Mr. Chairman, Mr. Pavlovich is the 24 qualified traffic engineer expert for the 25 applicant. 44 1 MR. REIMON: Edwin Reimon from 2 Medina Consultants. 3 I received a revised lighting 4 plan that complies with the comments that we 5 had. We haven't received the revised plan 6 that shows that the actual detail of the three 7 feet without the pipe connection, so if you 8 can actually forward that to me. 9 MR. CURLEY: We will, we will 10 forward that immediately. 11 MR. REIMON: We agree also with 12 all the county made reports with regard to the 13 maintenance and traffic for the construction 14 of the viaduct. 15 COMMISSIONER HOLLOWAY: Mr. 16 Reimon, do you have a concern about no 17 parking? 18 MR. REIMON: Well, actually. 19 COMMISSIONER HOLLOWAY: Not even 20 handicapped parking. It is a concern. I am 21 not trying to be funny. 22 COMMISSIONER BETTINGER: Not 23 even handicapped? 24 COMMISSIONER HOLLOWAY: I have 25 no parking. 45 1 COMMISSIONER BETTINGER: It is 2 discriminating to a handicapped person. 3 COMMISSIONER HOLLOWAY: They 4 would rather have no cars in there, but they 5 are putting a public theater that anybody can 6 go there. 7 Unless it is private and you 8 said you have to live in Hoboken five blocks 9 north, south, east or west. So if I live in 10 Jersey City, which I do, maybe I would like to 11 go down there and drive. 12 MR. REIMON: Yes. My 13 personal opinion regarding parking is that 14 this urban area is very densely populated. 15 COMMISSIONER HOLLOWAY: I 16 understand that. 17 MR. REIMON: That is number one. 18 I believe that providing centralized parking 19 like this, garages that are like four-, 20 five-story garages that are three, four blocks 21 away actually discourage people from driving 22 too much at one point, makes this location 23 more like a community for people that are in 24 the neighborhood. 25 I also look at the crowd in the 46 1 region. It is not just that specific section 2 of Hoboken. We have in this area in about a 3 15-mile radius, a large number of theaters 4 that provide the same movies. 5 We are going to have in the 6 Meadowlands the Xanadu that is going to have 7 fifteen screens. We have in Clifton, fourteen 8 screens. We have in Secaucus two theaters 9 that are mostly empty. 10 I am not going to say I have my 11 doubts about if they are going to be able to 12 make some money in those theaters, but 13 regarding traffic which is your specific 14 question, I would emphasize again that 15 providing limited number of parking spaces, it 16 is actually a traffic calming opportunity for 17 the municipalities to control the numbers of 18 vehicles that are coming in and going out in 19 the roads. 20 Now, if we are providing -- if 21 we are providing eight stories or five stories 22 of parking, there is something called a shared 23 parking space that is a new -- really not that 24 new, for the last 15, 20 years, you can use 25 the same parking space that is assigned to 47 1 somebody who liveS in the neighborhood and 2 share that with somebody that is coming there 3 to do business or to use the venues in the 4 municipality. And I believe this is going to 5 be a good opportunity to do so. 6 CHAIRMAN FITZGIBBONS: I believe 7 the concept of that theater being built in 8 Hoboken is to serve the community which is -- 9 they don't use their cars in Hoboken, they 10 walk. 11 COMMISSIONER BETTINGER: If you 12 are handicapped, you can't. 13 CHAIRMAN FITZGIBBONS: If you 14 are handicapped, they provide that the person 15 can be dropped off. 16 MR. REIMON: The disadvantage of 17 this specific facility is that there are only 18 handicapped access through the corners of the 19 sidewalk where you have the handicapped ramps. 20 There is nothing else for the handicapped to 21 actually come and take advantage. 22 So if a handicapped is coming to 23 the site, he has to be dropped off on the side 24 street or they are going to have to park two 25 blocks away and then come with somebody with a 48 1 wheelchair and come to the facility. 2 COMMISSIONER HOLLOWAY: That is 3 not being accessible to handicapped. 4 MR. REIMON: Well, this is what 5 happened. I am not the attorney. 6 COMMISSIONER HOLLOWAY: I 7 understand that. 8 MR. REIMON: All I can say is 9 there is access for handicapped through the 10 sidewalks. 11 COMMISSIONER HOLLOWAY: What 12 about the building itself? Since there is no 13 parking I don't want to park two blocks away 14 and somebody wheel me two blocks to the 15 theater. 16 DIRECTOR MARKS: Mr. Reimon is 17 the Board's engineer. I would recommend the 18 Board ask Mr. Pavlovich who is the traffic 19 engineer for the applicant to come up and 20 address these questions. 21 ATTORNEY CALVANICO: State your 22 name and spell your last name for the record. 23 MR. PAVLOVICH: 24 P-A-V-L-O-V-I-C-H, Pavlovich. 25 MR. CALVANICO: Please raise 49 1 your right hand. 2 (Mr. Pavlovich was duly sworn.) 3 MR. CURLEY: I believe the Board 4 is familiar with Mr. Pavlovich who has 5 appeared here on prior occasions and I would 6 offer him as an expert in traffic engineering. 7 COMMISSIONER HOLLOWAY: One of 8 the questions was handicapped access if 9 somebody is going to drop someone off. Is it 10 friendly for handicapped with wheelchairs? Is 11 there access to being dropped off in front of 12 the theater? 13 COMMISSIONER BETTINGER: Without 14 blocking the street. 15 MR. PAVLOVICH: No provisions at 16 this time to allow for that. The -- typically 17 in urban settings with any type of facility, 18 municipalities do dedicate curbside spaces for 19 handicapped use and make provisions for ramps 20 off of the curb lane to access the sidewalk. 21 This is a very short block and 22 as part of the intersection, improvements in 23 the area, there are handicapped ramps at 24 either end. 25 If they were to be dropped off 50 1 they would be dropped off near the corner and 2 use that access at the corner for the 3 building. 4 COMMISSIONER BETTINGER: If I am 5 dropping off a member of my family who is 6 handicapped, would I be blocking the street in 7 order to get them out of the car? 8 MR. PAVLOVICH: I am not quite 9 sure of the answer to that other than at the 10 corner there is a clearance area of 50 feet 11 from the corners. A vehicle could stop in 12 there as a standing vehicle to allow a 13 handicapped person with a wheelchair to get 14 out on the crosswalk and the car would be 15 moved, so under that scenario the car would 16 not block the traffic. 17 DIRECTOR MARKS: I have a 18 question for Mr. Pavlovich, Mr. Chairman. 19 Mr. Pavlovich, under the ITE, 20 International Transportation Engineers 21 scenario or their guidelines, are there, given 22 a 928-seat theater, are there recommendations 23 that the ITE has for the number of handicapped 24 parking spaces? 25 MR. PAVLOVICH: There are some 51 1 standards for that. Most of those standards 2 normally are applying to sites that have 3 on-site parking, and so if you are providing 4 let's say 100 parking spaces as part of the 5 particular projects on site, a certain 6 percentage of those spaces have to be for 7 handicapped use. 8 DIRECTOR MARKS: Mr. Chairman, 9 given a 928-seat theater, what would be the 10 ITE recommendation for handicapped parking 11 spaces? 12 MR. PAVLOVICH: Once again, I 13 can't -- I am not familiar with that number. 14 I could look that up and get 15 back to you, but as in this case, those 16 standards normally apply to on-site parking 17 where they are either an isolated location or 18 shared parking or all the parking is provided 19 on site. 20 When you have urban settings, 21 those standards normally don't apply because I 22 can't dedicate on-street parking spaces or 23 parking spaces that may be in other garages or 24 other facilities. 25 DIRECTOR MARKS: Mr. Chairman, 52 1 there are -- the ITE is predominately a 2 suburban standard, but it is basically a 3 sliding scale from rural low density 4 development through middle suburban 5 development and it does recognize the ITE 6 standards for traffic generation and parking, 7 does recognize urban standards for higher 8 density developments, so I would just 9 recommend that the Board, the Board has a 10 salient point in the parking for handicapped 11 persons, the ADA accessible handicapped 12 parking spaces, so I think it would be 13 beneficial for the Board's further review and 14 examination to establish what the -- what is 15 ITE's -- what is generally accepted by traffic 16 engineers in terms of traffic generation and 17 parking. 18 It is something that Mr. 19 Pavlovich should at least furnish to the 20 Board, what the ITE recommendation would be. 21 CHAIRMAN FITZGIBBONS: I got to 22 say one thing. Where are you going to put the 23 parking? They don't own the land. Where are 24 you going to have access to parking for 25 handicapped here? That is the problem. 53 1 You got to understand the 2 situation in Hoboken. In the next maybe five 3 years there will be about sixty thousand 4 people living in Hoboken. 5 COMMISSIONER BETTINGER: It is 6 overdevelopment. Why make it worse. 7 CHAIRMAN FITZGIBBONS: That 8 ain't making it worse, he is making it better 9 for some of the residents, some benefit, 10 especially kids. The kids in Hoboken have no 11 place to go to watch a movie. 12 COMMISSIONER NG: So the movie 13 will be for Hoboken only? 14 CHAIRMAN FITZGIBBONS: If you 15 want to come in you have a parking spot and 16 look at the movie. When you go to your Union 17 City -- 18 COMMISSIONER NG: We have plenty 19 of parking. 20 CHAIRMAN FITZGIBBONS: But you 21 don't have the situation we have. 22 COMMISSIONER NG: Then why build 23 a movie theater without parking? That is the 24 chaos. It will be -- 25 CHAIRMAN FITZGIBBONS: I am just 54 1 trying to say this is, to me, is a concept. 2 An urban area like that, an urban area like 3 that should have something for the people of 4 Hoboken and that is the way I am looking at 5 it. 6 I am not looking at -- to me, I 7 am -- the municipality wants this thing. The 8 municipality approved it. It is for their 9 municipality, for the benefit of the people of 10 their community. 11 COMMISSIONER NG: It would have 12 to be for the benefit of Hudson County. 13 CHAIRMAN FITZGIBBONS: No it 14 don't, no it don't, no it don't. They build 15 it for their community. 16 Union City builds what they want 17 to build, Jersey City builds what they want to 18 build, okay? This was a plan, a plan for the 19 people to have a theater which we don't have 20 in Hoboken. We don't have a theater. 21 COMMISSIONER AVAGLIANO: That's 22 true. 23 CHAIRMAN FITZGIBBONS: We don't 24 have a theater in Hoboken. We have to travel 25 to Jersey City, we got to travel to Edgewater, 55 1 we got to travel all over, and these 2 municipalities that have the room -- all 3 right? -- they are fortunate. Hoboken is not 4 fortunate. It is not fortunate. 5 COMMISSIONER CHOFFO: Mr. 6 Chairman, I have a question. 7 Hoboken did approve this plan, I 8 believe. 9 MR. PAVLOVICH: Yes, as a matter 10 of fact, Hoboken amended its redevelopment 11 plan specifically to allow a theater without a 12 parking requirement knowing full well that it 13 was intended that the theater would 14 essentially be a community resource. 15 Now it is open to the public and 16 anyone can come to it, but it is there 17 primarily to serve residents of that area of 18 Hoboken and Hoboken generally. 19 The last theater in Hoboken was 20 at 5 Marine View Plaza and that shut down and 21 became a bank about four years ago. 22 So since that point in time 23 Hoboken has not had a theater and I will point 24 out that the 5 Marine View theater itself did 25 not have parking but there was parking in that 56 1 neighborhood similar to what is the situation 2 at Fourteenth Street. 3 COMMISSIONER CHOFFO: Try to 4 resolve this before the Board members are 5 splitting hairs. 6 Do you think it is feasible 7 possibly to go back to Hoboken and on each 8 corner ask if they could designate one to two 9 parking for 15- to 20-minute drop off? 10 MR. PAVLOVICH: If the County 11 makes that recommendation, certainly it would 12 be considered very carefully by Hoboken. I 13 would see no reason why we would not support 14 such a recommendation so that if we had a 15 handicapped dropoff space on Adams Street, for 16 example, near the curb cut that allows someone 17 to have access from the street onto the 18 sidewalk, it is not a long distance from the 19 corner. It is only a hundred feet to the 20 midpoint of the block. 21 CHAIRMAN FITZGIBBONS: Was this 22 question ever presented to you by -- this was 23 approved by the Planning Board or Zoning 24 Board? 25 MR. PAVLOVICH: By the Planning 57 1 Board and also -- 2 CHAIRMAN FITZGIBBONS: Was it 3 put to you by the Planning Board, that is the 4 question. 5 MR. PAVLOVICH: The Planning 6 Board did not address handicapped parking. 7 It was also approved by the city 8 council. The city council amended the 9 redevelopment plan to accommodate this type of 10 project. 11 CHAIRMAN FITZGIBBONS: I am 12 curious, I don't know how Hoboken Planning 13 Board works, but they should have had this in 14 consideration, having spots designated 15 off-street parking for handicapped, okay? 16 They got some around the city, 17 all over the City of Hoboken. You pull in if 18 you have the handicapped sign, all right? 19 I think they missed the boat on 20 that one. I think -- is there a space, are 21 there spots available? 22 MR. PAVLOVICH: There is 23 on-street parking and certainly the applicant 24 would be very happy to endorse having an 25 on-street parking space as a handicapped 58 1 access. 2 CHAIRMAN FITZGIBBONS: Could 3 this Board -- I don't know how we are going to 4 do it, suggest that the municipality of 5 Hoboken designate two, three handicapped 6 spots? 7 DIRECTOR MARKS: Mr. Chairman, 8 it would be in the right and jurisdiction of 9 the Board to make that requirement, that 10 condition. 11 CHAIRMAN FITZGIBBONS: You could 12 do that? 13 DIRECTOR MARKS: If that is the 14 condition of the Board, I believe that would 15 be acceptable. 16 COMMISSIONER NG: Mr. Chairman, 17 even if we have parking available for 18 handicapped we are discriminating the normal 19 people that are not handicapped for parking. 20 CHAIRMAN FITZGIBBONS: So when 21 you tell me -- you are going to tell me we are 22 going to stop this project and have no theater 23 at all, is that what you are telling me? Or 24 they are going to have to spend $20 million 25 for a piece of property or $15 million to 59 1 build parking? 2 Do you know the area? I know 3 the area. There is no room there. There is 4 no room at all there. There is no room to do 5 anything in Hoboken. That is why that theater 6 is being built, actually built for the 7 community. 8 COMMISSIONER CHOFFO: I have a 9 question, Mr. Chairman. 10 CHAIRMAN FITZGIBBONS: 11 Commissioner Choffo. 12 COMMISSIONER CHOFFO: 13 Commissioner Jasek, is Grand or Adam a county 14 road? 15 COMMISSIONER JASEK: No, not 16 over there. Let me just add there will be no 17 parking under the viaduct. After 911, Federal 18 regulation states that there should be no 19 parking under the bridges for safety reasons. 20 Since we are taking the Federal 21 money we have to develop this so that we will 22 create a park, like stone with landscaping, 23 benches, whatever they can do, the farm 24 market, some activity like that, but there 25 will be no parking. 60 1 My other problem with this 2 design was the access of the fire engine to 3 the front of the theater. 4 The main entrance will be on the 5 viaduct side on Fourteenth Street from either 6 Grand Street or Adams Street it is such a 7 sharp turn into 20 foot wide marginal road and 8 I asked during the review meeting to have a 9 letter from the Hoboken fire official that he 10 reviewed this project and he approved it 11 because I don't have it on my conscience there 12 should be 928 people and fire in the building 13 and fire engine cannot get to it. 14 CHAIRMAN FITZGIBBONS: The fire 15 official did approve it. 16 COMMISSIONER JASEK: No. I am 17 asking to have it in writing to this Board 18 from the fire official that he did approve 19 this project. 20 CHAIRMAN FITZGIBBONS: Did the 21 fire official approve the project? 22 MR. PAVLOVICH: Yes, and there 23 is a stamp of approval on a plan in the city 24 hall in Hoboken. I don't have the plan with 25 me, but I do have the architect here who has 61 1 discussed this with the fire official or 2 rather has submitted the plans for review. 3 COMMISSIONER JASEK: Mr. 4 Chairman, I asked during the plan review on 5 the 6th of March to have the letter from the 6 fire official concerning this and I would like 7 to have that letter specifically. 8 MR. PAVLOVICH: I could 9 certainly supply Mr. Jasek with a copy of the 10 approved plans. 11 COMMISSIONER JASEK: I am 12 talking about a letter from the fire official. 13 So there is absolutely no mistake, no 14 misunderstanding. 15 COMMISSIONER CHOFFO: I have a 16 question, Mr. Chairman. 17 I was at that meeting and I 18 remember Commissioner Jasek requesting that 19 specifically. 20 COMMISSIONER JASEK: Yes, I 21 inquired as to whether there is a letter. 22 There is no letter. There is 23 only an approval of the plans by the fire 24 official. 25 CHAIRMAN FITZGIBBONS: By the 62 1 subcode official or the fire official? 2 MR. PAVLOVICH: Fire subcode 3 official. 4 CHAIRMAN FITZGIBBONS: The fire 5 subcode official, you have to have an approval 6 from the fire official. Subcode official 7 approves the plans as the sprinklers and fire 8 lanes, but the final say whether the apparatus 9 and everything could go into that site is from 10 the fire official. 11 Did the Planning Board ever ask 12 you that question from Hoboken? 13 MR. PAVLOVICH: No, the Planning 14 Board did not. 15 DIRECTOR MARKS: Mr. Chairman, 16 if I may, I have a question for Mr. Missey or 17 Mr. Pavlovich. 18 Did they prepare a plan with a 19 turning template for a fire engine for the 20 site? 21 MR. PAVLOVICH: I did not. 22 MR. MISSEY: No, I did not 23 either. 24 DIRECTOR MARKS: I think it 25 would be necessary, in addition to the letter 63 1 from the fire official, I think it would be 2 appropriate for the engineer also and the 3 traffic engineer to prepare a template with a 4 fire engine, fire apparatus. 5 In addition, Mr. Chairman, I 6 would recommend that Mr. Pavlovich prepare a 7 letter to the Board stating the ITE's 8 recommended handicapped parking requirements 9 for a 928-seat theater. 10 COMMISSIONER CHOFFO: Mr. 11 Chairman, I have a question. 12 CHAIRMAN FITZGIBBONS: Go ahead. 13 COMMISSIONER CHOFFO: When you 14 went in front of Hoboken, was it ever 15 discussed, the expansion of the viaduct? Did 16 that ever come up? 17 MR. CURLEY: Yes, as a matter of 18 fact, and the Board assumed that we would be 19 making application to this Board and that this 20 Board would certainly consider that in 21 reviewing the application. 22 As a matter of fact, we brought 23 it up to make sure it was known to the Hoboken 24 Planning Board. 25 I believe I spoke to Mr. Jasek 64 1 while this matter was pending before the 2 Hoboken Planning Board to try to get as much 3 information as possible about the expansion. 4 CHAIRMAN FITZGIBBONS: You know, 5 I want it there in, Hoboken but what it looks 6 like here is that somebody missed the ball 7 there in Hoboken. Dropped the ball. 8 The Planning Board didn't have 9 no idea about oversight parking for 10 handicapped, fire official didn't sign off on 11 the access to fire vehicles to the building. 12 What would you suggest, Mr. 13 Marks? 14 DIRECTOR MARKS: Mr. Chairman, I 15 do have one more question for either Mr. 16 Missey or Mr. Jasek. 17 At the two points across the 18 street from the viaduct, what are the 19 approximate elevations of the viaduct at both 20 Grand Street and Adams Street and what would 21 be the mean elevation at the front door. And 22 would that present a problem for the turning 23 template of any fire apparatus responding. 24 COMMISSIONER JASEK: Mr. 25 Chairman, at this point the viaduct will be 65 1 above the ground floor, but I am concerned not 2 about the height of the viaduct like we have 3 at Clinton Street when every garbage truck 4 hits the viaduct, I am concerned physically 5 the fire trucks turning from the theater into 6 the margin. 7 It is narrow 21 foot wide 8 marginal road and I don't think a fire engine 9 can make it. 10 CHAIRMAN FITZGIBBONS: Can I see 11 our engineer? 12 MR. REIMON: Yes, Mr. Chairman? 13 CHAIRMAN FITZGIBBONS: When you 14 look at that site, do you think a fire 15 apparatus can go into there? 16 MR. REIMON: The situation we 17 have in here is that there are several 18 different sizes of fire trucks. Depends which 19 of the ones we are talking about. 20 There is one specific fire truck 21 which is not going to make it which is the one 22 that has the ladder on top and that has a very 23 high clearance. 24 I don't think that is going to 25 be able to fit regardless of turning radius 66 1 that we put at Adams or Grand, it is a matter 2 of height. 3 The canopy is not relevant as 4 far as the turning radius in this case. What 5 is really relevant is the actual height of the 6 bottom of a super structure of a viaduct that 7 I think Mr. Jasek brought a good -- would 8 agree with me, the truck is going to be high, 9 very high as far as the top of that truck 10 making the turn. 11 COMMISSIONER JASEK: The viaduct 12 will be on the level of the second floor at 13 the location of the theater so the truck can 14 go underneath. 15 CHAIRMAN FITZGIBBONS: If 16 anything else is going to be built there, Bob, 17 it is going to be there anyway unless it is a 18 vacant lot. If you build something other than 19 a theater, dwelling, four-story dwelling. 20 COMMISSIONER JASEK: It will be 21 the same situation. 22 COMMISSIONER HOLLOWAY: That's 23 where you don't build it. You are risking 920 24 people. 25 COMMISSIONER JASEK: It has to 67 1 be reviewed by the fire marshal. 2 CHAIRMAN FITZGIBBONS: You are 3 not really risking it because the building 4 will be fully sprinkled. 5 COMMISSIONER HOLLOWAY: Wait. 6 CHAIRMAN FITZGIBBONS: It will 7 be fully up to code, it will have the egresses 8 and it will meet state fire safety codes, 9 maybe over and beyond the fire safety. 10 The problem is, if there is 11 something that happens, how do you evacuate 12 the people or how do the firemen go in there 13 and help the people out of the building? 14 MR. REIMON: The problem is if 15 that ladder has to move up and it has to be on 16 that side street where the viaduct is, there 17 is no room for the ladder to move. 18 The only truck that you can have 19 there is the typical truck that has the hoses 20 on the side. 21 CHAIRMAN FITZGIBBONS: The 22 pump? 23 MR. REIMON: The pump, that's 24 it. No rescue ladder. 25 CHAIRMAN FITZGIBBONS: The 68 1 rescue couldn't get in there? 2 MR. REIMON: That's it. 3 COMMISSIONER JASEK: I don't 4 want to tell them what they can do, what kind 5 of truck to use, I want a fire official to 6 sign off in the letter that he reviewed it and 7 he is satisfied, and then it satisfies me. 8 CHAIRMAN FITZGIBBONS: If you 9 get that letter you will be satisfied? 10 COMMISSIONER JASEK: And the 11 Board will be in agreement on this. 12 CHAIRMAN FITZGIBBONS: If we 13 could get a letter from the fire official, Bob 14 Falco, Captain Falco from Hoboken, if you 15 could give him a letter maybe he has to sit 16 down with the chief and the subcode official, 17 fire subcode official, draft the letter and 18 let him explain how the fire department will 19 enter that building. 20 MR. CURLEY: That would be fine. 21 CHAIRMAN FITZGIBBONS: And maybe 22 if you can, talk to the City fathers down 23 there and the City whatever, ask them that we 24 recommend there be two or three offsite 25 handicapped parking. 69 1 COMMISSIONER BETTINGER: Not off 2 site, on site. 3 CHAIRMAN FITZGIBBONS: It is all 4 off site. It can't be on site. It is on the 5 side of the building. 6 COMMISSIONER BETTINGER: On the 7 side. 8 MR. CURLEY: On the street? 9 CHAIRMAN FITZGIBBONS: On the 10 street closest to the building. 11 COMMISSIONER BETTINGER: Right. 12 MR. REIMON: Mr. Chairman, I 13 believe that you are referring to the parking 14 for the handicapped. 15 CHAIRMAN FITZGIBBONS: Yes. 16 MR. REIMON: That should be on 17 Adams and Grand probably the first space 18 marked with a sign, Handicapped Only, that's 19 it. Then they can use the handicapped at the 20 corners and access the theaters from there if 21 that is something that the Board agreed to 22 entertain or approve. 23 ATTORNEY CALVANICO: Mr. 24 Chairman, if I might, my suggestion -- I will 25 work with Mr. Curley and the county engineer 70 1 so that we can present the appropriate 2 information to the fire official. 3 We don't want him making a 4 decision and not understanding the specifics 5 of the construction project, so I will speak 6 with Mr. Jasek and Mr. Curley, we will put 7 together appropriate correspondence so the 8 fire official has accurate description of what 9 the situation will be so he can provide it in 10 the form for us. 11 CHAIRMAN FITZGIBBONS: This all 12 stems from the Hoboken Planning Board. You 13 see how this Board reacts to situations? We 14 might be arguing back and forth, but we want 15 the betterment of the community and the 16 county. 17 If they did their job, to me 18 personally, if they looked into it like we 19 look into things, they should have had 20 approval from the fire code officials and they 21 should have had the handicapped spots already 22 in place before they even approved that plan 23 down there. 24 MR. CURLEY: It is my 25 understanding before we would get a building 71 1 permit we would have to have the fire official 2 also approval in any event, not just the 3 subcode official, but the fire official's 4 approval. 5 CHAIRMAN FITZGIBBONS: Maybe you 6 could sit down with him and talk to him and 7 show him what is going exist there. 8 MR. CURLEY: Yes. We will give 9 him a full set of plans, civil engineering 10 plans, and a site plan would be sufficient I 11 think to show the configuration of the 12 streets. 13 COMMISSIONER BETTINGER: Mr. 14 Chairman, one other question. 15 CHAIRMAN FITZGIBBONS: Go ahead. 16 COMMISSIONER BETTINGER: We are 17 very concerned with bicycles and if people are 18 going to be walking there, might be people 19 riding their bikes to the theater. 20 Will there be any bike racks? 21 ATTORNEY CALVANICO: Racks? 22 MR. CURLEY: Hoboken has not 23 made that a requirement of the approval. 24 CHAIRMAN FITZGIBBONS: We can 25 make it an approval. 72 1 Is there enough room to put 2 bicycle racks? 3 COMMISSIONER JASEK: Mr. 4 Chairman, not in front on Fourteenth Street 5 because there will be 13 foot sidewalks and 6 hundreds of people walking either way, so I 7 wouldn't like any bench or bicycle rack but 8 under the viaduct there will be the pedestrian 9 zone with the benches, with the landscaping, 10 whatever. There could be a provision for the 11 bike rack and then part of the county design 12 of the new viaduct. 13 DIRECTOR MARKS: Mr. Chairman, 14 just to address one more issue that 15 Commissioner Bettinger brought up before, if 16 it were a condition of the Board to put 17 handicapped spaces on both Adams and Grand at 18 the corner, it is my concern that any 19 handicapped spaces, unless there was a time 20 limit on it, would be taken by not people not 21 visiting the theater but local residents in 22 the neighborhood. 23 I would recommend that any 24 handicapped spaces on either Adams or Grand 25 have a time limit put out and clearly 73 1 delineated on the sign and it should probably 2 also be, since two probably isn't sufficient 3 and I recognize there is no parking on 4 Fourteenth Street, there should probably be a 5 bump-in for handicapped dropoff and pickup. 6 So probably, I understand that 7 the sidewalk is 16 feet. 8 COMMISSIONER JASEK: Thirteen 9 feet. 10 DIRECTOR MARKS: Thirteen feet, 11 it would be appropriate -- not the full width 12 of a normal parking space, but some bump-in 13 for a vehicle to drop off and pick up anybody 14 with the handicapped disability on Fourteenth 15 Street. 16 CHAIRMAN FITZGIBBONS: Do you 17 understand what we are saying to you? 18 MR. CURLEY: I follow that. I 19 think it is an unreasonable requirement to ask 20 for a bump-out onto the sidewalk. 21 The handicapped spaces that we 22 are talking about on Grand and Adams will be 23 dropoff spaces, not parking spaces. It is not 24 for someone to park and go to the movies, but 25 to drop off, and I think that would be 74 1 satisfactory. 2 CHAIRMAN FITZGIBBONS: Dropoff 3 spaces. 4 DIRECTOR MARKS: That is really 5 up to the Board. If it is acceptable to have 6 dropoff spaces on the corner near Adams and 7 Grand rather than two-hour spaces, that is a 8 condition of the Board. 9 I am not sure what -- 10 COMMISSIONER BETTINGER: I am 11 proposing that we leave parking spaces for 12 handicapped, actual spaces with a time limit, 13 that's what I was proposing. I don't know 14 what the rest of the Board thinks. 15 COMMISSIONER HOLLOWAY: What if 16 somebody was bound by a wheelchair, but he 17 also drives? He has a rack on top of his 18 vehicle and he is able to put his wheelchair 19 into the vehicle. Turns out you put the 20 wheelchair out himself and wheels hisself in. 21 What if he wanted to go to the 22 movies but he has to drive? He has somebody 23 pushing him wherever he is at. He actually 24 drives but he is in a wheelchair. Where does 25 he park in the theater, two blocks away? 75 1 You have to make things 2 accessible to people like that. I believe 3 that is the law, am I right? If I am wrong, 4 please. 5 MR. CURLEY: I don't think the 6 law requires a handicap dropoff space or a 7 handicapped parking space. 8 The law requires that the 9 theater itself be fully accessible to a 10 handicapped person and certainly the theater 11 will be fully accessible. 12 Solving the parking issue is a 13 different thing. There could be a public 14 facility in an area that doesn't allow any 15 on-street parking. They would not be in 16 violation of the ADA or any other law. 17 COMMISSIONER DiDOMENICO: With 18 regard to the parking issue, maybe I am 19 missing something, but I am feeling if someone 20 has transportation, they have the vehicle to 21 go to this theater, within ten minutes they 22 can access a theater south at Newport or 15 23 minutes in Secaucus, and I don't know if it is 24 discrimination in the sense I don't know with 25 five screens they are going to be offered 76 1 anything exclusive that can't be had at any of 2 the other theaters. 3 I can understand the access 4 disability issue, curb cuts and that sort of 5 thing, but if this proprietor is willing to 6 run a business that can only be accessed by 7 foot in the neighborhood and take the chances 8 of the economic outcome of that, I don't think 9 it is our responsibility to decide how they 10 should run their business and how they should 11 fill all of Hoboken's entertainment needs. 12 I am feeling if they are putting 13 this, since we don't live in the middle of the 14 desert and farmland and within ten minutes by 15 vehicle you can access plenty of other movie 16 theaters, I don't see as much of a concern. 17 MR. CURLEY: I would agree, 18 especially with the Edgewater theaters which 19 are an enormous theater complex with surface 20 parking. 21 What we are talking about here 22 is a community facility. It is basically from 23 the redeveloper's point of view, my client, a 24 community giveback to make this land available 25 to Clearview Cinema under what is essentially 77 1 a below-market lease so that we can have a 2 theater at that section of Hoboken and it was 3 contemplated by Hoboken itself and by the 4 planners at Hoboken to be a walking facility 5 rather than a drive-to facility. 6 I think you will see in 7 Hoboken you will see very new -- few new 8 drive-thru facilities and things of that 9 nature because the habit that we all have of 10 jumping into our cars and going someplace is 11 really discouraged by the city. 12 COMMISSIONER AVAGLIANO: Mr. 13 Chairman, I can remember years ago they had 14 the Rialto Theater in Hoboken. There was no 15 handicapped spots for there. We walked from 16 Observer Highway to the theater if there was a 17 good show or play and we walked it and it was 18 well worth it. Hardly anything there but for 19 the Rialto. 20 I would really like to see a 21 theater open up in Hoboken. I think it would 22 be a plus for Hoboken for any plays or 23 anything they might have in Hoboken. 24 As a matter of fact, I went from 25 Jersey City and I parked on Page and walked to 78 1 the Rialto. It was 15 blocks but it was well 2 worth it. 3 So I just hope it can work out 4 for yourself. 5 COMMISSIONER NG: The facility 6 is only for the walking community, that's what 7 I want to -- 8 CHAIRMAN FITZGIBBONS: Yes, it 9 is. 10 COMMISSIONER AVAGLIANO: For 11 Hoboken it will be well worth it. 12 COMMISSIONER NG: I don't have 13 to vote because I live in Union City. 14 CHAIRMAN FITZGIBBONS: You can 15 vote. The idea is that this community don't 16 have recreational facilities. They don't have 17 room for kids or people to go there. 18 COMMISSIONER NG: I call 19 recreation when you talk about sports. But 20 this is a business. It is a private business. 21 CHAIRMAN FITZGIBBONS: But it is 22 actually, it is actually -- it is meant for 23 the people of Hoboken to have a place to go to 24 watch a movie for entertainment. Okay? That 25 is what it is for. 79 1 There is no entertainment. 2 There is no theater, and Hoboken is -- right 3 now Hoboken is a walking community. It is not 4 -- it is not you hop into your car and you 5 park two blocks away or you hop in your car 6 and park ten blocks away because there are no 7 spots to park in Hoboken. 8 There is no place to park in 9 Hoboken. It is a walking community. 10 Everybody commutes, they take the PATH or they 11 take the bus or they take, take the ferry. 12 They commute. They use mass transit. They 13 don't use their cars in Hoboken. That is the 14 type of community it is. 15 And if you know Hoboken, it's 16 changed. It has completely changed. 17 MR. CURLEY: Mr. Chairman, 18 during the course of this application I think 19 it also came to my attention that the county 20 is considering a plan to make it Fourteenth 21 Street from -- Bob, is it from Willow up to 22 Adams? -- as being just a pedestrian mall-type 23 of street, streetscape with just pedestrians 24 and no cars. Certainly something that would 25 be good for our project if it were done by the 80 1 county. 2 COMMISSIONER JASEK: Mr. 3 Chairman, this is well-meaning plan for the 4 Fourteenth Street viaduct. Of course it needs 5 to be approved by Hoboken. 6 There is a scheduled meeting 7 with the Mayor and with his planning people 8 and we will present this to them in about a 9 week or ten days. 10 I assume that they will like it 11 because it is going to enhance Hoboken. It is 12 going to be a park and the viaduct all the way 13 up to the Light Rail. Or something similar to 14 the park, urban park. 15 We cannot grow too much grass 16 under the viaduct, but there will be some 17 islands, pavers, little park with the benches 18 and some trees, so I am sure that Hoboken will 19 embrace it, especially since we cannot allow 20 parking under the viaduct. 21 CHAIRMAN FITZGIBBONS: Also 22 Hoboken I believe in the master plan has a 23 redevelopment area down there, okay? It is 24 going to be redeveloped, big time 25 redevelopment with parks and a lot of other 81 1 stuff and I am a born and raised Hoboken. My 2 family been there 100 years. It's changed. 3 Once you park at night you leave 4 your car. You leave your car there because 5 you can't move it. And if you ever go to the 6 store you got to walk. 7 COMMISSIONER JASEK: Mr. 8 Chairman, my issue is not with the parking 9 because I do understand the Hoboken situation. 10 My issue, as I mentioned, is 11 with the fire safety. With the canopy 12 allowing me to build, to construct a new 13 viaduct and, in the future, to maintain it. 14 I cannot have a canopy sticking 15 out eight feet. How do I get to the underside 16 of the viaduct with equipment and so forth? 17 So that is my situation. Some 18 other people might have some other views. 19 CHAIRMAN FITZGIBBONS: I think 20 we would have to, I agree with Bob, that as 21 far as the fire provision of that and the 22 canopy, because the viaduct is going to be 23 brand new and they are going to work on it for 24 at least four or five years, would you say 25 that? 82 1 COMMISSIONER JASEK: Mr. 2 Chairman, we have funds promised, $45 million 3 to fiscal year 2009 and I will be ready for 4 that. It should take two to three years to 5 construct the new viaduct. 6 CHAIRMAN FITZGIBBONS: Also the 7 Light Rail is there, too. The Light Rail in 8 Hoboken leaves you off on 9th Street, so 9 people from out of town, from Jersey City and 10 Bayonne, can take the Light Rail if they 11 wanted to catch a movie and go and walk to the 12 theater. 13 It is a walking community now. 14 MR. CURLEY: There are also 15 buses on Willow which is two blocks away. 16 CHAIRMAN FITZGIBBONS: I suggest 17 that -- Director Marks, Steve -- 18 DIRECTOR MARKS: I am listening, 19 Mr. Chairman. 20 CHAIRMAN FITZGIBBONS: We should 21 solicit the recommendations of Bob. 22 COMMISSIONER JASEK: Mr. 23 Chairman, my recommendation would be to carry 24 this to the next meeting and resolve all these 25 questions to the satisfaction of everybody. 83 1 COMMISSIONER BETTINGER: I will 2 second that motion. 3 COMMISSIONER AVAGLIANO: What 4 was the motion? 5 CHAIRMAN FITZGIBBONS: Before we 6 do that, what are the questions that we have 7 to, the questions that we have to resolve? 8 COMMISSIONER JASEK: Mr. 9 Chairman, if I may summarize that. 10 Item No. 1 in my view would be 11 no canopy until the construction is completed. 12 Item No. 2, the maximum 13 intrusion of the new canopy after the 14 construction should be no more than three feet 15 in the Hudson County right of way like any 16 other building in Hoboken. 17 Condition number three would be 18 to provide a detailed design of the 19 intersection with Marginal Road and Grand 20 Avenue and Adams Avenue to indicate a 21 crosswalk, one way stop signs or to have a 22 proper intersection for pedestrians. 23 Next item would be the fire 24 marshal approval of this project. 25 And the last item would be to 84 1 recommend the municipality to secure one or 2 several handicapped spots on side streets. 3 Adams and Grand Avenue. 4 CHAIRMAN FITZGIBBONS: Now, the 5 way it works, if they are going approve a 6 handicapped spot, spots, the city would have 7 to actually have, before the next counsel 8 meeting, approve it, am I right? 9 MR. CURLEY: They would have to 10 approve that by ordinance. 11 CHAIRMAN FITZGIBBONS: So I 12 would advise you when you leave here tonight 13 or tomorrow morning, get on the horn with the 14 proper authorities down there and try to get 15 those spots allocated for your theater. 16 MR. CURLEY: Those would be 17 two-hour spots or dropoff spots? 18 COMMISSIONER JASEK: Mr. 19 Chairman, if I may make a recommendation, I 20 would leave it definitely up to the Hoboken to 21 decide how they will deal with this issue 22 because it is on a municipal road, it is their 23 theater, and I am sure they are fully capable 24 to resolve it to their satisfaction. 25 We just brought it to their 85 1 attention and made it our condition that they 2 will deal with it. 3 CHAIRMAN FITZGIBBONS: Either 4 way. 5 COMMISSIONER JASEK: Either way, 6 yes. 7 DIRECTOR MARKS: Mr. Chairman, 8 also for the edification of the Board I would 9 recommend that Mr. Pavlovich write a letter or 10 report with the ITE recommended number of 11 handicapped parking spaces for a theater of 12 this size. 13 Mr. Chairman, there is a motion 14 to table resolution 2007-078-SP that was made 15 by Commissioner Jasek and seconded by 16 Commissioner Bettinger. 17 Is there further discussion, Mr. 18 Chairman, or should I call the roll? 19 CHAIRMAN FITZGIBBONS: Call the 20 roll. 21 DIRECTOR MARKS: Okay, Mr. 22 Chairman, on a motion to table application 23 2007-078-SP made by Commissioner Jasek and 24 seconded by Commissioner Bettinger, 25 Commissioner Avagliano? 86 1 COMMISSIONER AVAGLIANO: Aye. 2 DIRECTOR MARKS: Commissioner 3 Bettinger? 4 COMMISSIONER BETTINGER: Aye. 5 DIRECTOR MARKS: Commissioner 6 Choffo? 7 COMMISSIONER CHOFFO: Aye. 8 DIRECTOR MARKS: Commissioner 9 DiDomenico? 10 COMMISSIONER DiDOMENICO: Aye. 11 DIRECTOR MARKS: Commissioner 12 Holloway? 13 COMMISSIONER HOLLOWAY: Aye. 14 DIRECTOR MARKS: Commissioner 15 Jasek? 16 COMMISSIONER JASEK: Aye. 17 DIRECTOR MARKS: Commissioner 18 Ng? 19 COMMISSIONER NG: Aye. 20 DIRECTOR MARKS: Chairman 21 Fitzgibbons? 22 CHAIRMAN FITZGIBBONS: Aye. 23 DIRECTOR MARKS: Mr. Chairman, 24 the application has been tabled. 25 MR. CURLEY: Thank you. 87 1 DIRECTOR MARKS: The next 2 application scheduled for public hearing 3 tonight is 2008-003-SP, Block 114 Development 4 LLC, located at 1320-1330 Grand Street which 5 is Block 114, Lots 20 through 25 in the City 6 of Hoboken. 7 MR. CURLEY: John J. Curly, 8 C-U-R-L-E-Y for the applicant. 9 This is an application for a 10 residential project on Grand Street within the 11 same subdivision involving the theater in the 12 last application. 13 This project is in the northwest 14 redevelopment area of the City of Hoboken. It 15 is on Grand Street near the intersection of 16 Fourteenth Street, 50 feet off that 17 intersection. 18 It involves a 44-unit 19 condominium or rental project, we are not sure 20 which yet, with 45 parking spaces including 21 appropriate handicapped and compact car 22 spaces. 23 I have Mr. Missey, the civil 24 engineer for the project, who can take the 25 Board through the proposed building. 88 1 ATTORNEY CALVANICO: Mr. 2 Chairman, we can just acknowledge that Mr. 3 Missey is still under oath. 4 MR. MISSEY: Thank you. 5 I also have an exhibit for this 6 project so that you can follow. 7 CHAIRMAN FITZGIBBONS: Can you 8 mark it? 9 MR. MISSEY: I will mark it as 10 A-1 again? 11 CHAIRMAN FITZGIBBONS: Yes. 12 (Diagram marked A-1.) 13 ATTORNEY CALVANICO: Mr. Missey, 14 could you just reference the document, the 15 specifics of the document. 16 MR. MISSEY: This plan is 17 entitled Preliminary and Final Site Plan, 18 Block 114 Development LLC, 1320-1330 Grand 19 Street and in parenthesis, proposed Grand lot 20 in Hoboken. 21 It is prepared by Lepack 22 Associates with an initial issue date of 23 October 31st of 2006 and a most recent 24 revision date of October 9th of 2007. 25 This property is 15,000 square 89 1 feet on Grand Street. It is 100 feet in depth 2 and 100 feet in frontage or length along Grand 3 Street. 4 This was, if you are familiar 5 with the area, part of the former New Jersey 6 Casket Warehouse site. That building has been 7 demolished, so this property is at the present 8 time vacant. 9 Immediately to the south is the 10 first building that was constructed on this 11 redevelopment block which is known as 1300 12 Grand Condominium building that is been 13 completed for I think three years at this 14 point. 15 This building will have 44 16 units. It will be a very similar type of 17 construction as what is already on the block 18 and that the base or the ground floor of this 19 will actually be the parking garage and the 20 lobby. 21 The five stories above that will 22 be the residential portion of the building. 23 The building itself will be about 60 feet in 24 depth. The back 30 feet of this property from 25 the residential portion will be a courtyard 90 1 over the parking garage. 2 The building will occupy 90 3 percent of the lot, the first ten feet of the 4 property will be the steps down to the 5 sidewalk along Grand and planted areas. 6 The streetscape which features 7 double lined, double row of shade trees and 8 ornamental trees that has begun at Thirteenth 9 Street and will be carried through this 10 property's 150 feet of frontage. 11 All utilities will be brought 12 into this building from mains which exist in 13 Grand, and we at this time have our North 14 Hudson approval which is inclusive of the 15 detention system which will be within the 16 garage beneath the garage slab. 17 We will comply with all the 18 comments and requirements of your consultant, 19 Medina Consultants, and we have been furnished 20 a copy of the letter to Ms. Buckdanski dated 21 last Friday, March 4th, which includes the 22 recommendation for a bicycle rack in the 23 garage area and that will be included in the 24 design. 25 MR. CURLEY: I have no further 91 1 questions, Mr. Chairman. 2 COMMISSIONER JASEK: Mr. 3 Chairman, this project was evaluated at 4 committee and we didn't find anything wrong 5 with it. 6 It is a nice project. 7 CHAIRMAN FITZGIBBONS: How many 8 units are going to be in that building? 9 MR. MISSEY: There will be 44 10 units. 11 CHAIRMAN FITZGIBBONS: And 45 12 parking? 13 MR. MISSEY: Yes. 14 CHAIRMAN FITZGIBBONS: With 15 handicapped? 16 MR. MISSEY: Yes. 17 CHAIRMAN FITZGIBBONS: And the 18 Planning Board approved that? 19 MR. MISSEY: Yes. 20 CHAIRMAN FITZGIBBONS: Hoboken 21 Planning Board? 22 MR. MISSEY: Yes. 23 CHAIRMAN FITZGIBBONS: And it is 24 adjacent to the last property we were talking 25 about? 92 1 MR. MISSEY: That's correct. 2 CHAIRMAN FITZGIBBONS: Anybody 3 have questions? 4 DIRECTOR MARKS: Mr. Chairman. 5 CHAIRMAN FITZGIBBONS: Director 6 Marks. 7 DIRECTOR MARKS: Mr. Missey, how 8 many handicapped spaces are in this proposed 9 lot? 10 MR. MISSEY: Within the garage? 11 DIRECTOR MARKS: Out of the 45 12 parking spaces, how many are considered 13 handicapped? 14 MR. MISSEY: It is my 15 understanding there are three. 16 DIRECTOR MARKS: Three, okay. 17 Thank you. 18 COMMISSIONER JASEK: Is it the 19 same owner of these two properties? 20 MR. MISSEY: Block 114 21 Development, yes. 22 COMMISSIONER JASEK: Same as the 23 theater? 24 MR. MISSEY: Correct. 25 CHAIRMAN FITZGIBBONS: That is a 93 1 redevelopment. 2 COMMISSIONER JASEK: Can they 3 dedicate eight spots in the garage for the 4 theater? It is right next door. 5 COMMISSIONER NG: See? They 6 have the space. 7 CHAIRMAN FITZGIBBONS: It amazes 8 me how the city planning board forces them to 9 provide handicapped parking and then when they 10 want a theater -- where did their mind go? 11 Where did it go off? I just don't understand 12 this. 13 You know, this should have been 14 brought to the attention by the Hoboken 15 Planning Board. They should have been here 16 tonight, they should have presented the case 17 where there were spots for that theater and we 18 wouldn't have had problems. 19 All we would need do is have the 20 canopy resolved, if it is the same project, 21 and the fire official sign off on that and we 22 wouldn't have this problem. 23 So, this thing is going to pass 24 because there is no problems. 25 COMMISSIONER JASEK: There is no 94 1 problem with this project, yes. 2 CHAIRMAN FITZGIBBONS: And it is 3 actually the same developer. 4 DIRECTOR MARKS: Mr. Chairman, I 5 do have one more question. 6 CHAIRMAN FITZGIBBONS: Okay. 7 DIRECTOR MARKS: Mr. Curley, 8 this application is here because it is part of 9 the subdivision application that was approved 10 by the Board, by this Board in November. And 11 this is for Grand Street. 12 Can you please tell the Board 13 what the status of the proposed Adams Street 14 lot is? That was the third tract of land that 15 was part of the original subdivision 16 application that the Board had directed the 17 applicant to come back with. 18 MR. MISSEY: The Adams Street 19 project has preliminary site plan approval 20 from the Hoboken Planning Board and there is 21 an application pending before this Board for 22 site plan approval of that project. 23 DIRECTOR MARKS: Thank you. 24 CHAIRMAN FITZGIBBONS: Can I ask 25 you, is it going to be housing, too? 95 1 MR. MISSEY: Yes, 24 units. It 2 is a smaller parcel. 3 COMMISSIONER CHOFFO: Mr. 4 Chairman, I have a question. 5 CHAIRMAN FITZGIBBONS: Yes. 6 COMMISSIONER CHOFFO: Did the 7 City of Hoboken require your applicant to put 8 in the parking spaces for this project? 9 MR. MISSEY: It is part of the 10 northwest area redevelopment plan. There is a 11 one-parking-space-per-unit requirement for 12 dwelling units. 13 I would say that the general 14 Hoboken parking forgives the first five 15 dwelling units without parking, but the 16 redevelopment plan requires a one to one 17 ratio. 18 CHAIRMAN FITZGIBBONS: Any more 19 questions? Okay, does anybody want to move a 20 motion? 21 COMMISSIONER CHOFFO: I will 22 make a motion to approve. 23 COMMISSIONER DiDOMENICO: I will 24 second. 25 DIRECTOR MARKS: Mr. Chairman, 96 1 on a motion to approve application 2008-003-SP 2 made by Commissioner Choffo and seconded by 3 Commissioner DiDomenico, Commissioner 4 Avagliano? 5 COMMISSIONER AVAGLIANO: Aye. 6 DIRECTOR MARKS: Commissioner 7 Bettinger? 8 COMMISSIONER BETTINGER: Aye. 9 DIRECTOR MARKS: Commissioner 10 Choffo? 11 COMMISSIONER CHOFFO: Aye. 12 DIRECTOR MARKS: Commissioner 13 DiDomenico? 14 COMMISSIONER DiDOMENICO: Aye. 15 DIRECTOR MARKS: Commissioner 16 Holloway? 17 COMMISSIONER HOLLOWAY: Aye. 18 DIRECTOR MARKS: Commissioner 19 Jasek? 20 COMMISSIONER JASEK: Aye. 21 DIRECTOR MARKS: Commissioner 22 Ng? 23 COMMISSIONER NG: Abstain. 24 DIRECTOR MARKS: Chairman 25 Fitzgibbons?. 97 1 CHAIRMAN FITZGIBBONS: Aye. 2 DIRECTOR MARKS: Mr. Chairman, 3 the motion passed. 4 MR. CURLEY: Thank you. 5 DIRECTOR MARKS: Mr. Chairman, 6 the next application scheduled for public 7 hearing is 2008-021-SP, Dennis M. Devino, 8 located at 605-607 Willow Avenue which is 9 Block 168, Lot 2 in the City of Hoboken. 10 Mr. Chairman, if you could turn 11 your attention to a letter by the -- the 12 letterhead is from Leanza and Agrapidis a law 13 firm out of Hasbrouck Heights. They are 14 representing the applicant on this case and 15 they are -- they were unavailable for this 16 evening so they requested that the application 17 be adjourned to next month. 18 CHAIRMAN FITZGIBBONS: Do have a 19 motion to adjourn the application? 20 COMMISSIONER NG: Motion to 21 adjourn. 22 COMMISSIONER HOLLOWAY: Second 23 it. 24 DIRECTOR MARKS: Mr. Chairman, 25 on a motion to adjourn application 98 1 2008-021-SP, made by Commissioner Ng and 2 seconded by Commissioner Holloway, 3 Commissioner Avagliano? 4 COMMISSIONER AVAGLIANO: Aye. 5 DIRECTOR MARKS: Commissioner 6 Bettinger? 7 COMMISSIONER BETTINGER: Aye. 8 DIRECTOR MARKS: Commissioner 9 Choffo? 10 COMMISSIONER CHOFFO: Aye. 11 DIRECTOR MARKS: Commissioner 12 DiDomenico? 13 COMMISSIONER DiDOMENICO: Aye. 14 DIRECTOR MARKS: Commissioner 15 Holloway? 16 COMMISSIONER HOLLOWAY: Aye. 17 DIRECTOR MARKS: Commissioner 18 Jasek? 19 COMMISSIONER JASEK: Aye. 20 DIRECTOR MARKS: Commissioner 21 Ng? 22 COMMISSIONER NG: Aye. 23 DIRECTOR MARKS: Chairman 24 Fitzgibbons?. 25 CHAIRMAN FITZGIBBONS: Aye. 99 1 DIRECTOR MARKS: Mr. Chairman, 2 the next application scheduled for public 3 hearing is 2008-024-SD, West Hudson Builders 4 located at 401 Ogden Avenue, which is Block 5 787, Lot 65 in the City of Jersey City. 6 MR. HARRINGTON: Good evening, 7 Mr. Chairman, Commissioners. 8 For the record, my name is 9 Charles Harrington of Connell Foley on behalf 10 of the applicant. 11 This application is pretty 12 straightforward. As you will see on the 13 handout that I just distributed to the members 14 of the Board, we are proposing a subdivision 15 of an existing lot that is located at the 16 corner of Ogden Avenue and South Street in 17 Jersey City. 18 This property is not located on 19 a county road and it doesn't affect any county 20 drainage, but because we are creating or 21 proposing to create three lots, that qualifies 22 as a major subdivision under the county zoning 23 regulations or subdivision ordinance, so we 24 are here tonight seeking your approval of this 25 application as pending before the Jersey City 100 1 Planning Board. It has not yet been heard. 2 The purpose of the subdivision 3 is to create two new lots to the north end of 4 the property for residential purposes to 5 hopefully develop two two-family homes and 6 that is the long and short of it. 7 COMMISSIONER CHOFFO: I have a 8 question, Mr. Chairman. 9 CHAIRMAN FITZGIBBONS: Okay. 10 COMMISSIONER CHOFFO: Is the 11 existing structure on the first lot going to 12 be razed or not? 13 MR. HARRINGTON: That is going 14 to remain. That is an existing two-family 15 home. 16 COMMISSIONER HOLLOWAY: The 17 middle lot says concrete. Is that a slab of 18 concrete? 19 MR. HARRINGTON: That is a 20 backyard patio. 21 COMMISSIONER CHOFFO: All right. 22 CHAIRMAN FITZGIBBONS: Anybody 23 else have questions? 24 Being that it is a subdivision 25 and it is not on a county road, right? 101 1 COMMISSIONER JASEK: It is not, 2 Mr. Chairman. 3 CHAIRMAN FITZGIBBONS: Do we 4 have a motion to approve? 5 COMMISSIONER JASEK: I make a 6 motion. 7 COMMISSIONER HOLLOWAY: I 8 second. 9 DIRECTOR MARKS: Mr. Chairman, 10 on a motion to approve application 2008-024-SD 11 made by Commissioner Jasek and seconded by 12 Commissioner Holloway, Commissioner Avagliano? 13 COMMISSIONER AVAGLIANO: Aye. 14 DIRECTOR MARKS: Commissioner 15 Bettinger? 16 COMMISSIONER BETTINGER: Aye. 17 DIRECTOR MARKS: Commissioner 18 Choffo? 19 COMMISSIONER CHOFFO: Aye. 20 DIRECTOR MARKS: Commissioner 21 DiDomenico? 22 COMMISSIONER DiDOMENICO: Aye. 23 DIRECTOR MARKS: Commissioner 24 Holloway? 25 COMMISSIONER HOLLOWAY: Aye. 102 1 DIRECTOR MARKS: Commissioner 2 Jasek? 3 COMMISSIONER JASEK: Aye. 4 DIRECTOR MARKS: Commissioner 5 Ng? 6 COMMISSIONER NG: Aye. 7 DIRECTOR MARKS: Chairman 8 Fitzgibbons?. 9 CHAIRMAN FITZGIBBONS: Aye. 10 DIRECTOR MARKS: Mr. Chairman, 11 the motion passed. 12 MR. HARRINGTON: Good night. 13 DIRECTOR MARKS: Mr. Chairman, 14 the next application which is scheduled to be 15 administratively approved or to ratify 16 administrative approval is application 17 2008-027-SP which is by the City of Jersey 18 City Division of Information Technology 19 located at 1 Journal Square Plaza which is 20 Block 586.5, Plot B, in the City of Jersey 21 City. 22 Mr. Chairman, this was reviewed 23 by the Site Plan Subdivision Review Committee. 24 It is essentially the City of Jersey City is 25 requesting putting a generator behind the 103 1 building at Journal Square right off of 2 Kennedy Boulevard. 3 It doesn't appear to impact 4 county drainage facilities -- drainage 5 calculations, and it was basically approved at 6 the site plan subdivision review committee. 7 COMMISSIONER CHOFFO: I will 8 make a motion to approve. 9 COMMISSIONER BETTINGER: I will 10 second the motion. 11 DIRECTOR MARKS: Mr. Chairman, 12 on a motion to approve application 2008-027-SP 13 made by Commissioner Choffo and seconded by 14 Commissioner Bettinger, Commissioner 15 Avagliano? 16 COMMISSIONER AVAGLIANO: Aye. 17 DIRECTOR MARKS: Commissioner 18 Bettinger? 19 COMMISSIONER BETTINGER: Aye. 20 DIRECTOR MARKS: Commissioner 21 Choffo? 22 COMMISSIONER CHOFFO: Aye. 23 DIRECTOR MARKS: Commissioner 24 DiDomenico? 25 COMMISSIONER DiDOMENICO: Aye. 104 1 DIRECTOR MARKS: Commissioner 2 Holloway? 3 COMMISSIONER HOLLOWAY: Aye. 4 DIRECTOR MARKS: Commissioner 5 Jasek? 6 COMMISSIONER JASEK: Aye. 7 DIRECTOR MARKS: Commissioner 8 Ng? 9 COMMISSIONER NG: Aye. 10 DIRECTOR MARKS: Chairman 11 Fitzgibbons? 12 CHAIRMAN FITZGIBBONS: Aye. 13 DIRECTOR MARKS: Mr. Chairman, 14 the motion passed. 15 CHAIRMAN FITZGIBBONS: Do we 16 have any old business? 17 DIRECTOR MARKS: No. 18 CHAIRMAN FITZGIBBONS: New 19 business? 20 DIRECTOR MARKS: Mr. Chairman, I 21 do have a matter for new business. 22 The Planning Board last year let 23 a contract for outside legal services for 24 board attorney. 25 The previous year's budget that 105 1 was approved by the Freeholder Board for the 2 Planning Board attorney was approximately 3 $25,000. The $25,000 appropriation was made 4 in the 2006 Freeholder budget, budget as 5 approved by the Freeholder Board. 6 In March 2007 the Board, the 7 Planning Board approved a contract with Mr. 8 Calvanico for $25,000. We had basically 9 sought another appropriation a few months 10 earlier because his contract, it didn't 11 expire, but the funds have basically run out, 12 so approximately a year ago this Board 13 approved a contract with Mr. Calvanico for 14 $25,000. 15 In recognizing the need for more 16 money, the Freeholder Board in its budget 17 which was passed May/June of 2007, 18 appropriated $35,000. So there is an extra 19 $10,000 there. 20 In January of this year I 21 prepared an RFQ, a Request For Qualifications 22 for the Planning Board attorney and circulated 23 it internally through the administration and 24 our purchasing department for approval, 25 administrative approval for the RFQ. 106 1 To date, and it is approximately 2 two months ago, to date I have not received 3 approval to circulate the RFQ for, to 4 advertise and to circulate the RFQ for the 5 full year contract so I can't, I am not 6 authorized by the county administration to 7 allow that contract. 8 However, the $25,000 contract 9 with Mr. Calvanico has basically -- did not 10 come to an end in terms of time, but we have 11 run out of money. 12 There is approximately $10,000 13 left from the Freeholder budget that is left, 14 that is left on the table or left in the 15 account. 16 I would recommend that this 17 Board approve a resolution to continue the 18 professional services contract with Mr. 19 Calvanico on a temporary basis until we have 20 approval from the administration to adequately 21 circulate the RFQ and procure a higher 22 contract for outside attorney which should be 23 forthcoming in I would say, I hope for April 24 or May. 25 But right now Mr. Calvanico's 107 1 contract is basically up in terms of the funds 2 that have been spent. 3 There is $10,000 that remain in 4 the account and I need approval from their 5 Board to continue his contract on a temporary 6 basis. 7 ATTORNEY CALVANICO: It also 8 would have expired next month. 9 CHAIRMAN FITZGIBBONS: Can we 10 approve the extra $10,000 not exceeding 11 35,000? 12 DIRECTOR MARKS: Yes. 13 CHAIRMAN FITZGIBBONS: Can we 14 approve it that way? 15 DIRECTOR MARKS: Yes. 16 CHAIRMAN FITZGIBBONS: Being 17 that the funds are there. 18 DIRECTOR MARKS: Mr. Chairman, I 19 instructed Mr. Calvanico to prepare a 20 resolution for consideration this evening so I 21 would recommend that so the Board has 22 continued legal representation. 23 I would recommend the Board 24 approve that. 25 CHAIRMAN FITZGIBBONS: And the 108 1 new specs, is it going to be 35,000? 2 DIRECTOR MARKS: Assuming the 3 Freeholder Board approves the budget for, the 4 budgeted amount for 35,000, budgeted request, 5 it would continue to be $35,000. 6 COMMISSIONER BETTINGER: Mr. 7 Chairman, I will make a motion. 8 COMMISSIONER CHOFFO: I will 9 second it. 10 DIRECTOR MARKS: So, Mr. 11 Chairman, on a motion to approve -- on a 12 motion to approve a resolution continuing a 13 professional services contract for outside 14 legal counsel made by Commissioner Bettinger 15 for -- in the amount of $10,000 -- 16 CHAIRMAN FITZGIBBONS: Not 17 exceeding $10,000. 18 DIRECTOR MARKS: -- not 19 exceeding $10,000 made by Commissioner 20 Bettinger and seconded by Commissioner Choffo, 21 Commissioner Avagliano? 22 COMMISSIONER AVAGLIANO: Aye. 23 DIRECTOR MARKS: Commissioner 24 Bettinger? 25 COMMISSIONER BETTINGER: Aye. 109 1 DIRECTOR MARKS: Commissioner 2 Choffo? 3 COMMISSIONER CHOFFO: Aye. 4 DIRECTOR MARKS: Commissioner 5 DiDomenico? 6 COMMISSIONER DiDOMENICO: Aye. 7 DIRECTOR MARKS: Commissioner 8 Holloway? 9 COMMISSIONER HOLLOWAY: Aye. 10 DIRECTOR MARKS: Commissioner 11 Jasek? 12 COMMISSIONER JASEK: Aye. 13 DIRECTOR MARKS: Commissioner 14 Ng? 15 COMMISSIONER NG: Aye. 16 DIRECTOR MARKS: Chairman 17 Fitzgibbons? 18 CHAIRMAN FITZGIBBONS: Aye. 19 DIRECTOR MARKS: Mr. Chairman, 20 the motion passed. Thank you. 21 CHAIRMAN FITZGIBBONS: Do we 22 have a motion to adjourn? 23 COMMISSIONER AVAGLIANO: Motion 24 to adjourn and thank the Chairman for the 25 lovely dessert this evening. 110 1 COMMISSIONER BETTINGER: I will 2 second the motion. 3 DIRECTOR MARKS: All in favor? 4 (Round of Ayes.) 5 (Time noted: 8:35 p.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25