okay let's call Item 12 is case p2023 d015 it's a minor site plan for 511 Palisade AV uh good evening commissioner Tom name from conell Foley unfortunately I am requesting an adjournment tonight uh this matter was originally scheduled for the hearing on the 19th which was cancelled uh because this is an application that does not require notice it was placed on tonight's agenda I did agree to that date afterwards finding out my architect could not make it I was promised that I would have coverage for this evening as late as Friday last week this morning I found out I did not have coverage uh I informed planning this morning and they told me that they would announce uh that it was adjourned um I spoke with Cameron and uh he asked that I come up and explain the situation uh I was offered a date in June for the hearing of course I would request that the board consider an earlier date given the nature of this application as a minor site plan uh with no V uh variances or deviations uh but I leave that up to uh to the board's discretion okay and Council you're not going to provide notice correct I actually did notice appliation um so it would be a request for uh to carry to a certain date uh based on carrying that notice it is not required it was done as a courtesy and uh just as a belt and suspenders thing so okay do you want to review the notice before we carry yeah we can so since we've opened the hearing we can mark the notice as A1 for purposes of the record uh chairman so as to not cause any confusion we should carry it to a date certain uh I understand the request I understand the planning division's uh inability to get him on an earlier agenda so I do think we need to at least carry it to a date certain and then perhaps carry it from there if we can't accommodate Mr lean I'm just so the I'm waiting for the internet C that's the pause I know it's rough right now um so the new rule with planning is that when when you carry we have to carry out two meetings because of the backlog um we can do May 7th but May May 7th is like two meetings but that's understandable if I can be placed on that date I can show up and again ask for the my notices to be carried as long as the ones that I've already provided can be carried to that date if I'm not heard on that date I completely understand yeah Council without you know obviously this isn't my full-time job so I I don't know what's in the pipeline um I shouldn't know what's in the pipeline to be honest with you um cam do you want to do May 7th and most likely we will carry you it sounds like that night just to preserve notice we'll make it May 7th yeah we can do May 7th um and we should have an idea before then I don't want to see Mr lean bring his whole team down here if he's just going to be carrying so you know maybe we'll catch up tomorrow or just do a look ahead a little bit yeah we we'll have a good understanding when it comes to that date um but we can do May 7th okay so let's carry you to May 7th but we'll catch up before then and let you know whether or not to bring a team down with you I appreciate both granting me that a little bit extra time and uh you know the heads up if if are not going to be hurt thank you very much every okay so we're going to carry that item to a date certain with reservation of notice to the May 7th meeting thank you thank you Council all right let's move move on to item 13 is uh case p2023 d0108 is a conditional use for 539 Martin Luther King Drive I'm make the motion thank you you want to orain okay good evening counc chairman Commissioners uh Vince visus visus and Associates 20 Oakland Avenue New Jersey City subbing for uh Miss Matos who couldn't uh make it today represent the uh number SP the number spot which has applied for a conditional use approval to permit the a Class A cannabis retailer at the site at uh 539 Martin Luther King Avenue in Jersey City it's in the Jackson Hill Redevelopment neighborhood mixed use Zone which permits retail uh sales of goods and uh Services the applicant did receive approval from the Cannabis control board on July 20th uh now I do have uh with me uh Miss Terry uh Naima Terry who I'd like to introduce uh she's uh the principal of the number spot and she's here uh you just say a few words introduce yourself I do NAA Terry n a i a t e r r y thank you even good evening uh my name is Naima Terry I am the owner I'm 100% owner of the num spot Inc and 100% owner of my property at 539 Martin Luther King Drive I am so happy and it is a privilege to be here before you tonight to present my plans and my incredible team and my my Community Development plans for this great city city that I am born and raised in um I got this property from my grandfather when I right after I graduated from Ruckers University um I made majored in planning and public policy at the Edward J blowstein school at Ruckers uh the first job that I applied for out of Ruckers was to actually be a city planner at uh at Hudson County and I didn't get the job but it's okay because I have had a nice long career in fashion and now I'm getting into cannabis and I don't want to take up too much of your time because I know you guys are tired of hearing cannabis applications um but but this is going to be a good one and I hope that you see my plans and my vision for this city um in addition to opening up this great business I really want to be a pillar and a model a role model for other people in the community that look like me to open up other businesses thank you thank you Mr we appreciate it thank you um I have a affid affid to proof of service I was asked to bring a copy sure and then I also have an amending amended zoning chart uh I understand there was a typo architect can speak to that this is theid publication thank you council with I I'd like to Mark at as exhibit a the amended zoning chart there was a typo on that our architect is here Dennis deino dinino Architects he'll testify us to um the changes that were made to the zoning chart all right so let's do this Mr chairman I'm going to receive the Affidavit of publication proof of mailing with respect to the application at 539 Martin Luther King Drive here in the city it does appear to be in order we're going to mark that as A1 for purposes of the record councilman Mr DeVito testifies we can Mark as A2 that zoning chart and he can take us through uh what those changes are chairman we are in receipt of the Cannabis control resolution which is dated July of 23 so uh the cannabis commission has already heard the application and provided its resolution uh obviously the board has heard several of these matters and the board's purview is with respect to the zoning we don't get into obviously the uh items that the Cannabis Control Board gets into that's their purview ours is respect to the conditional use those comments are for those members of the public as well as Council for for your presentation um so with that chairman we can have Mr DeVito sworn in and we can get his uh his testimony as to outfitting of the space okay thank you Council I do Dennis Michael deino De VZ and Victor IO Mr deino good to see you in person as well sir yeah it's fine been a while it's good to be back and I appreciate the hard copy you brought for us I always like to see that um so we've obviously uh qualified you numerous times in the past uh as your license current tonight in New Jersey yes it is okay thank you sir you're qualified um I guess I need to plug in here somewhere cam looks like a janitor with a I know thing of keys No I have I have it yeah somewhere I'll make fun of my uh duct tape new use for duct tape good enough for the astronauts just because it's duct tape well thank I want to thank the board for hearing our application tonight give me a second for for the machine to gear up and um we were just saying we'd love to see the model that you replaced with that one still working that's it yeah I think the model that has to be replaced is right here no no okay all right again thank you very much um Commissioners um so the application before you tonight is for a cannabis uh retail sales uh it's an existing building at 539 MLK uh the building been vacant for a few years the former use was a was commercial on the first floor and actually residential on the second floor so what we're proposing today of course is keeping commercial uh on actually on the first floor and office space on the second floor uh the um the four items I mean basically the building that you see before you is essentially what's there now these photographs here uh are exist are current photographs you can we're using the same square footage of space we're using the same volume of space four components that we added to the building uh and in order to facilitate the new use for the building really is the uh handicap ramp in the front uh uh an exit stair in the rear uh a roof deck and a stair bulkhead to get uh people up to the roof uh for for recreation for to use the roof as uh Recreation not cannabis Recreation just space for for uh people to take breaks so um moving forward it's the first the first slide here is um is your uh 200t radius and th000 foot radius uh the building is a total including a new bulkhead of 30 3 3,825 squ ft uh the basement we will be utilizing there is a full basement in the building right now the the floor will have to be lowered in order to be able to use it uh effectively but the basement's 1247 first floor 1,60 second floor 1258 so we are using utilizing the total existing volume of the space uh the zoning chart um this is where the if you can see um actually this has already been modified but the zoning chart you have in your files it actually says where the cloud is right here it actually says that the the former use was a restaurant um unfortunately it was the Jony chart was modified from another project so the the the um um the paper that the attorney handed you today the modified zoning chart for the exhibit is now has the actual correct uh existing use and proposed use which is twostory business and residential is is what I mentioned earlier and a proposed use again is business and retail sales so I just so Mr DeVito that chart that's up on the screen is correct is correct yeah one you the plans that you're sharing are different than the plans that were submitted because this chart has been updated is that an accurate that's why that's why I wanted to submit the chart in exhibit so you have the correct chart so the only change from the set that was submitted and the 16 slide set that is on the screen is the zoning chart correct and those changes that are highlighted in the bubble correct okay so for purposes of the record we are going to Mark what is this sheet number can we see the title sheet number uh a 002 okay and does it have a revision date on it yeah well today probably today's date it does yeah 42 okay 24 so that sheet will be A2 the a-002 sheet with today's revision date of April 2nd 2024 zoning chart typo thank you sir thank you so uh the survey or site plan rather is U shows essentially the the roof uh components the um the recreation Deck The Green Roof we will be utilizing the building does not have to be sprinkler uh so we'll be utilizing all the existing utilities sewer water most likely electric we probably will have to upgrade the electric but uh all the existing utilities so we will be minimizing uh any work into the in the street the next slide Z 03 is the uh material board uh you can see the um 24x 24 um trays that'll be used for the green roof the lighting proposed the screening here around the um the rooftop equipment and then the selection of of materials uh and colors at the bottom of the sheet uh we will be the sidewalk is not is in pretty uh bad shape so so we will be replacing the sidewalk in the front so this only reason this slide is up there is to show you the the detail of the sidewalk repairs um the these uh a100 is essentially showing existing and proposed the top floor plan is uh the demo drawings if you will and the of the basement and the bottom one is the um proposed you can see that the Vault will be put be putting in the basement there'll be a vault door uh there'll be an office space in the basement a second means of egress to the rear yard and then of course they can uh get to the uh Street or right away because we have about a 4 and a half to 5 foot sidey yard on the what would that be the south side of the building uh this is where we will be uh storing uh ref The Refuge would be downstairs um the next floor would be the first floor again U existing and proposed um we'll get further down the slide you'll see the colored rendering I think it' be a little bit more a little bit easier to understand probably the most important thing to know about these um this um slide is that the uh the security components all the windows on the side of of the build sides of the building will be uh properly sealed uh with security grill with security screening um so there'll be no more openings on the sides of the building uh the layout is pretty simple uh the front door door to the north side is the door that goes into the sales room sales area there's a a very generous uh foyer area where people will be uh checking IDs uh and checking in before they go into this to the sales floor there are an ATM machines there's a kiosk that you can order um from a kiosk and then um pay pay for the product and pick it up uh at the the back of the uh building where the point of sales are What's um I think what's a what's important to note on this layout is that product will be stored in a back storage area so this door right here is a secure door products will be prepared here once they're ordered and then it would come down into the point of sales so you have a system of a secured uh gate a secured door and then to get down in the basement there's another foyer before you go down into the basement stair which is another secur do so there's a substantial amount of security uh that H before you can get actually down into the into the basement and into the back um uh area where product will be will be packaged uh the second floor as I mentioned is uh going to be used for um Office Space by the by the owner um so we're simply the layouts are very similar to what the residental uh layout was was like uh so conference room offices kitchen that area restroom and then uh again uh egress St in the rear and then of course the um uh the roof roof again let's just move real quick to the colored you can see a little bit easier to understand how the layout Works uh enter to a to a check-in area and then into the sales floor um and then the roof um second floor and then the roof you access the roof again through this bulkhead uh the roof deck I believe is about 40 435 Square 47 Square hold on uh 415 Square ft and the green roof is 437 Square ft so we actually have more uh Greenery on the roof than we do actually deck space this is a I believe they wanted circulation pattern enter again into that Northern door uh you turn left you check in at this table here the the checkin counter and then you enter uh through the the door on the left side of the foyer this screen will be a a frosted uh glass door and window so you you can't see through and then you can see the circulation patter uh uh pattern once you've picked up your product and you exit out the same door um I think we could probably now talk about what and how we handled the front elevation here's a pretty uh um understanding of what the existing building looks like uh we saw an opportunity here to utilize uh existing Corners work and uh the existing essentially the existing order of what was actually a a bay window uh kind of a bay storefront here uh and uh the building was was the the existing building has has a um very nice symmetry so we wanted to take advantage of what the the original facade had to offer and we basically just added components and added height in order to create the harmony of the of the front elevation you can see so we just kind of you can see I guess really from our our color rendering here uh that we just the we added a little bit of height into this Bay we added some height above the existing corners and we added some additional horizontal components on this Cornus and this Cornus in the center here and that's essentially how we were able to um to give the building a new a new look the rear you can see here in the rear elevation where the exit um stairs are uh and where the the door to the right here is the egress out of the basement uh this will be potentially a future uh exit out the back or entrance to the back door not quite sure that's going to happen right away uh it will be up to up to the client uh when that door actually gets put in um and the side you can see that the side has quite a the parit has a sub substantial slope again in order to square off uh the facades we're increasing the height of the parit again closing up the side windows um and just kind of using new materials to create um get the building a new look so I think that's all I have all right thank you Mr deino if I could ask Mr dinino a few questions sure Mr dinino can you um speak to the efforts taken by the applicant in terms of uh controlling odor yeah I apolog from the product uh we have done a couple of these cannabis facilities and uh our engineer specifies a uh a clean Leaf air filtration system which even though there's no consumption uh on the premises we still have these installed uh to to um to mitigate whatever odors may may happen or if sometime in the future it may become a a a consumption lands but the the I think this board as well as the Cannabis board is requiring that clean Leaf filtration system to be installed now so we will be we will be specifying that that product can also speak to efforts being taken by the applicant to control noise on site um the the um I think the the the noise efforts are really controlled essentially by I in my opinion about by the large Foy area getting substantial amount of the customers off the off the sidewalk and off the entrance uh so we bringing them so the quein area is much larger than normal places they able to get off off of the the sidewalk and then we have around the the rear yard is a a 6' High um um complete wood fence in order to control uh noise levels at the at the rear yard level so um and then of course we have screening around like I mentioned there's a screening around all the mechanical equipment and that screening is also an acoustical component that helps muffle the the mechanical sounds uh Mr deino can you speak to some of the security features in the building um um cameras and well I mean I we do have our security team here uh there are cameras all the way around the building uh on in the side yards in the rear in the front uh and all the uh required uh security staff will be at the at the locations that they they they are required to be at and uh we of course I as I I mentioned is all these doors are I think four point locked doors so uh again I probably the security team would have a a better um explanation of exactly how all that happens I know that the Vault doors are uh that we that we've uh had specified in the vault spaces are um are um basically like a like a safe both okay so Council I know that the board is concerned with noise and with odor uh security you should have gone through extensively at the Cannabis commission I know in the resolution it states that Safety and Security plans were reviewed and and looked at so um we're really I understand we're really interested in the zoning components the only reason I brought that up is because the notes from the zoning department asked for Testimony regarding security we have our security expert should the board have any questions uh but Mr Cutter's here the board have any question Council it's not that we're not concerned about security um you know we're not concerned with camera location and and really the and outs of it we just want to know that it exists just a quick overview I think that was fine okay as far as I'm concerned but uh yeah that's that's more the Cannabis control board's purview we just want to know that it's a secure location and and should any more questions arise Mr cutters here uh to offer some testimony excellent okay and as far as odor uh I I can have the applicant come forward to speak about the product that is being sold and and the canisters or whatever how it's coming in and how it's being sold so that the Commissioners and the board uh have a better understanding of the product and and whether there's any odor omitted chairman I think based on our experience Our concern was with odor emanating and the filtration system that Mr DeVito has explained is something that this board has uh familiar with and has been accepting in these applications so uh obviously if the board wants to hear it by all means chairman sure and I'm satisfied knowing that there's a filtration system on site and and then uh we do also have uh Veronica Hutton from DDs consultants if you have any questions with respect to uh you know the workforce uh development social responsibility Etc okay yeah that's it's available to the board I I appreciate it but yeah that's really not our perview that's cannabis control boards uh again we appreciate it but you know i' love to see labor Harmony on any job that goes on in the city but um you know that's cannabis control boards sandbox I just want to know about the lighting around the building um you could ask Mr dinino to what kind of lighting you have around the building what kind of I'm sorry Li lighting lighting Li oh you can there are there are three actual fixtures that are um why I this way you brought the boards we want to see we want to see you use them so the lighting uh design Mr dinino if you could Mr dinino if you could just grab that microphone my understanding is uh YouTube doesn't pick anything up if it's not on a microphone Koke night perfect um so the three uh types of fixtures we're using is a under canopy fixture uh these two different types of canned fixtures this one here will be in a rear yard and and then these are actually on the sidey and they're just designed to light up the walkway and part of the building so going on sheet a003 Mr Deo yes that's a003 thank and if you take go to a002 the uh lighting actual design you can see is here on the sidey yard uh these are actual solar lights that are fastened to the rear um uh fence in the back and then we have two lights in the front to light up the uh the sidewalk and then the one light in the rear next to the uh basement door okay and did you said you was lowering the basement floor yeah unfortunately the basement ceiling is only 6'4 so we we're going to have to underpin the foundation to bring it down a little bit so we've got proper ceiling height so we can utilize the basement for uh the purposes of the Vault and there is two exits right or no there yes there's one access from the interior from the interior of the building mhm there's that secured access from this rear storage package area behind the um I'm sorry behind the point of sales area you have this long uh storage space that's where the product will be stored and packaged before it comes out and then you have a secure door with a foyer that goes down into the basement the set of stairs and the second means of egress out of out of the basement is out the rear here so have two exits out of the basement two exits out of the second floor um two exits out of the first floor and one exit uh two exits out of the off the uh roof and were you required to change the window sizes no not in um commercial uh residential you're you would have a window egress requirement but not in residential I mean not in commercial thank you and Mr deino that secure door um that's a push push open from the basement out to the eress correct yeah okay this one uh the one coming up from the stairs the one that you talked about yes this will be out everything everything believe it or not in a commercial you if it's less than 50 people you it you the door can actually pull towards you it's only in restaurants that it has to push away from you or more than 50 people okay but if you have less than 50 the door in in a commercial building can actually pull towards you I learned something tonight thank you me too yeah now I can stop there's more than 50 people in here uh any other questions anybody okay thank you Mr appreciate it CH chairman Lon I just like to make one more point you had raised an issue of a labor Harmony agreement sure just for the record I'd like to point out that the applicant is a micro is it approved micro social Equity woman and minority owned business so there's the exemption for that put point that out for the record okay agreed we've uh do you have any more questions okay anybody else all right thank you Council and uh you know obviously if we need more testimony we'll ask for more testimony but uh at this time let's open it up for public comment if anybody's here from the public that wants to comment on this application please come on up to the microphone chair see no one from the public I would like to close the public portion second okay motion is made and second seconded um Francisco okay so to add very brief uh the reteller is in the Jackson Hill Redevelopment neighborhood mixed use Zone this allows for retail sales of goods and services as well as offices um they are not within 200t of a school uh there are other applications approved or concurrent in this area but none that are within 600 ft um and then lastly staff is in receipt of all required submittal and I just want to make sure that you agree with all the conditions but I did have two more that I wanted to add um the seventh com uh condition added would be that the green roof shall be installed prior to an issuance of a certificate of occupancy and then the last one is that the applicant shall file an application with city council seeking a franchise ordinance to allow the applicant to build the ramp within the city right away yeah are acceptable and with that said staff recommends um approval with conditions okay thank you Francisco chair I'd like to make a motion to approve case p223 d0108 as presented to the board this evening I second it okay we have a motion made and seconded for approval okay on a motion to approve uh Vice chair Dr Gonzalez abstain oh that makes sense commissioner Dr Desai I uh commissioner genen I good luck commissioner Torres yeah I'm glad that uh wish you a lot of luck glad you in the neighborhood um from the area and familiar with the city so it's good to see and uh wish you a lot of luck I vot I commissioner green congratulations um you have uh a um a aura about you when you was walking through here I had no idea was coming up here and doing that presentation um definitely I and chairman linkston um so Mr dinino always appreciate your designs I I you know it's um it's tasteful it fits in with the neighborhood it doesn't jump out at you so that's always appreciated I love the design Miss Terry best of luck to you I love that you're you know native appreciate it uh so it's an easy eye for me okay five in favor one motion carries all right thanks Francisco thank you guys good luck all right let's move on to item 14 is case p2024 d59 this is the review and discussion of an amend an amendment I'm losing it uh to The Exchange Place North Redevelopment plan regarding the addition of long-term care facilities and hospitals as permitted uh as a permitted principal use this was authorized by uh city council resolution 24- 073 and formal action may be taken tonight so um the the applicant does have a representative here tonight but I don't necessarily think that that's um that it's going to be needed um we were approached by I I think it's going to be tough for everybody to see you I think maybe what do you want me to do F you no no you're fine you're fine I was like what are you doing you're fine I would have went I know I know uh we're approached by Kesler re rehab um I believe everybody is familiar with them but some of their uh uh services are also overnight there's only a few overnight places within New Jersey I think the closest one is West Orange New Jersey um so they were looking to locate above where the Whole Foods is um and we were more than happy to work with them to do so but there was not a use that was permitted that would have permitted them so the only thing before you tonight is the amendment that allows for these uses um we have long-term care facility which we already have defined in our ldo Our Land Development ordinance um and we did add hospital at their request and that it's mainly because of a licensing issue um there really is not much more to this they still of course this of course still has to go to the city council but it will also come back to this board for site plan review so you will get another bite at the Apple um that really is it in the nutshell okay thanks any questions anybody all right is there anybody here from the public that wants to comment anybody from public seeing no public I move to close second motion made and seconded public is closed obviously we have Tanya's recommendation yes yes chair motion I'd like to make a motion to accept um and approve the review and discussion of amendment to The Exchange Place North Redevelopment plan regarding the addition of long-term care facilities and hospitals as permitted principal use second okay motion is made and seconded vice chair Dr Gonzalez I I think think that's great commissioner Gaden I commissioner Dr zi I commissioner green I commissioner Tores I and chairman Langston I all right motion carries all in favor all right thank you um all right let's move on to item 16 it's case p2023 -61 is uh the review and discussion of an amendment I'm sorry skipped one trying to get out of here early I'm getting excited um I'm sorry I'm going to back it to item 15 is case p 20239 uh this is a review and discussion of an amendment to the Jackson Hill Redevelopment plan regarding the the addition of Permitting expansion where where restaurant Category 3 drive-thru legally exists uh this was authorized by Council resolution 23- 836 and formal action may be taken tonight so yeah the the attorney is present um so uh good evening uh chairman Commissioners Donald pepy from sceny Hollenbeck good evening um the applicant that I represent is 11 LLC the the owners of the Dunkin Donuts the Dunkin Donuts across the street they have an existing drive-through that's been in place forever uh because of the fact that this is a Redevelopment plan and we have plans to improve the condition of the drive-thru by adding another Lane to try and improve the conditions on the road that was prohibited so what we've done is we've asked the city council and the planning board to consider uh allowing modifications to pre-existing non-conforming drive-throughs and Our intention is to come back here with with a site plan application to show you what we're proposing but because drive-throughs were not a permitted use under this Redevelopment plan we did not have the ability to make any changes because it's a Redevelopment because it's a Redevelopment plan typically you could go to the zoning board if it was just general zoning but because it's a Redevelopment plan we have to amend it so that's what we're asking and it would only apply to pre-existing non-conforming drive-throughs so I don't believe that there are any other drive-throughs in this Zone uh so I think it would be limited as sta you're like a Pioneer Council okay that was my question is is this the only stff know if there's more Drive I don't believe that there is there might be one connected to the bank but I don't think it's off of MLK I think it's on the corner okay that's it Council that's it all right there any questions anybody no okay is there anybody here from the public that wants to comment anybody from public seeing no public I move to close second okay motion is made and seconded public is closed Tanya anything you want to add yeah so if you drove here tonight you are familiar with the subject property it is the Dunkin Donuts on the corner um across from us uh their drive-thru um so the the the impetus of this is that um the applicant would like to expand the commercial use that's there so currently there's just a Dunkin Donuts there um the request would be to um you know build higher and further back um but uh not lose the drive-thru so because the drive-thru is a not permitted use in this Redevelopment plan increasing the commercial is an expansion of a non-conforming use even if they're not touching the drive-thru because you're increasing the intensity of the non-conforming use which would kick it to the zoning board and obviously as Council said um zoning board does not hear Redevelopment um variances uh so the way that we wrote this condition I think it's incredibly specific um you are allowed to uh expand or continue to use your drive-thru as long as it is a legally non-conforming pre-existing and it is attached to an existing commercial use um and it's the expansion of that existing commercial use um and if you would read in the the amendment we did also tie it to a traffic report um that would be approved by the division of City Planning and the division of trans uh Transportation Planning um in the event that probably more more so transportation planning would be able to come up with some mitigations to make some of the drive-thru um a little bit not a little bit how about make the drive-through safe um we did add this um wherever drive-throughs are written so it is multiple times for the plan just to make sure there's consistency um and that that's really it so uh as Mr Pepe said they would still have to come back for site plan to expand the building and you would see the traffic uh the the drive-thru improvements that at that point would have been improved by planning and transportation planning okay thanks da Mr chair I like to make a motion to accept and approve the review and discussion of an amendment to the Jackson Hill Redevelopment plan regarding the addition of Permitting expansion where restaurant Category 3 drive-thru legally exists and forward to uh city council for formal adoption second okay motion is made and seconded for approval Vice chair Dr Gonzalez hi commissioner gangan I commissioner Dr Desai I commissioner green I commissioner Torres I and chairman langson yeah I don't see any detriment to the master plan or the Redevelopment plan uh I think it's well within reason uh so I'm going to vote I motion carries all in favor okay thank you thank you Council have a great evening you too all right let's move on to item 16 is case p2023 d61 this is the and discussion of an amendment to the Greenville industrial Redevelopment plan regarding the creation of the Linden a that doesn't make sense does it Lind the name the street sense uh Linden AV East remediation and Improvement bonus uh this was authorized by Council resolution 23- 677 okay uh good evening Commissioners uh for the record Charles Harrington of conell Foley on behalf of the applicant kids realy company LLC just kind of a background uh of of this amendment and and why we're here uh the properties is specifically located at 45 Lindon Avenue and U I believe the board members are probably all familiar with it is it's uh directly south of the cave-in point uh athletic fields it's a a large Warehouse uh there in the corner with the bud Budweiser building across the street so that lyen Avenue would actually if you you go uh West it takes you right up into the municipal facilities so um this property um is um subject to a a remediation plan um with uh the chromium and PPG as the responsible party uh so there have been discussions with PPG what's the most efficient way uh to remediate this whether to do it while the building is in place or to partially knock the building down so uh we we looked at this and and had some discussions with the planning department and the zoning officer probably about a year ago as to how we could achieve possibly taking the building down but also uh preserving the footprint and and the the bulk that my client has because some of the the bulk is beyond what would be permitted now uh so you could do the you know try to do the you know the more efficient remediation process but lose your rights because if he took down 50% or more of the building those rights go away uh and the zoning officer and planning uh pretty much agree that that that would be a tough process to monitor too what is 50% and you know what is less so we went back um uh to planning and we we wanted to we discuss an amendment to the Redevelopment plan uh to make it cleaner and that's why we're here tonight and the what uh the proposed amendments do is we think is a win-win for everybody because uh it it not only would preserve our rights to rebuild um at a same or similar bulk but uh planning has looked at this in in the bonus Provisions uh because it's it's defined as a bonus um will create a site angle at this corner it will involve uh my client dedicating land on the uh north side of Lyon Avenue to create areas for sidewalks uh as also provides for some storm water control measures that would be part of any Redevelopment so in event it's it's it's knocked down and rebuilt you're you're going to have a greater a sight triangle there if you've been at that corner and you look to the right it's it's pretty much a blind blind Corner uh and then this will allow for sidewalk going uh going east although you you don't see many well actually you know I know from prior uh applications there are people that walk that street down into the uh the industrial areas uh to the east U and the Tropicana building um so so we think it's it's it's a good thing overall um to to uh um for the site for the community uh you'd get the remediation as well as all those those benefits we're not asking for a change of use uh it's it's an existing Warehouse uh and we're not adding you know that that you know a use beyond beyond what is already envisioned by the the the Redevelopment plan and the master plan and that's that's pretty much it okay any questions anybody um certainly um not too much to add here um so the applicant did um have a resolution passed and we worked very much collabora collaboratively with staff to create um this bonus as an amendment to this Greenville industrial Redevelopment plan the bonus only applies to um the parcel in question that is subject to this PPG um this PPG chromium cleanup so it's not um there's not necessarily unintended consequences here um um we felt staff felt that staff found in consultation with the division of transportation and the division of traffic engineering that there um were serious traffic deficiencies that were holding back realizing the goals in the master plan for preserving and expanding the Greenville Industrial Area um so we asked the applicant um to dedicate right away as part of this Redevelopment process to widen those streets slightly to not only add sidewalks but to um create modern infrastructure modern intersection geometry um as well as provide a safe line of site this site is located in the FEMA 100 100 foot foot ah FEMA 100 foot flood plane many FS there um which um did um create some concerns um the flood overlay zones Jr uh green area ratio requirements here but we felt that it we also needed to go above and beyond um and so as part of any site plan approval at this site um a soil assessment and a site plan assessment um as well as green infrastructure installation assessments by um Associated qualified professionals will be required and um any development here utilizing this bonus will have to follow the recommendations of those professionals reports okay thanks man um at this time let's open it up for public comment if anybody's here from the public that wants to comment on this application please come on up to the microphone Mr chair I'd like to close the uh public second okay motion is made and seconded uh obviously we have Matt's testimony uh I'll entertain a motion then Mr CH like to make a motion to approve and accept the review and discussion of an amendment to the Greenville industrial Redevelopment plan regarding the creation of the lyen Avenue East remedia and Improvement bonus and forward to uh city council for formal adoption second okay motion is made and seconded for approval Vice chair Dr Gonzalez I uh commissioner Dr Desai I commissioner green I commissioner gangen I uh commissioner Torres I'm very familiar with the area anything to approve those sidewalks and walking conditions because there might not know it but a lot of people walk around there trying to get to work you know trying to get to their jobs and you and at all hours five o'clock in the morning you know night time it's just it always amazes me because I'll be like where they going but they're going to work so thanks for approving those conditions that's a big one I vote on and Sherman Langston um I I mean this is the heart of what we do here uh this is a a big effect on the future of the city uh familiar with the area and this this is a great change um so uh you know again I think it's in compliance with the master plan so uh I'm going to recommend this with an eye to city council motion carries okay thank you thank you Council uh we do need to take a five minute break okay we'll be back in five everybody 100 Green Street uh 185 195 2115 Hudson Street and this is for uh Herby Tower 2 okay uh for the record Charles Harrington of conell Foley on behalf of the applicant um there were notices uh provided in connection with the application I ask that those be reviewed and marked into the record thank you Council chairman I am and receive the affida publication proof of mailing with respect to the application here before the board does appear to be in order we're going to Mark as A1 for the record thank you Council okay so uh this is a request for administrative amendments uh to what we um informally call Herby 2 and Herby 3 uh this was approved by the board back in July of 2022 um it is a uh two Tower uh two residential towers that that uh sit on a base um and and with residential and restaurant components on the ground floor it is directly across uh from Herby 1 that's already built uh we were back before the board in December of 2022 with some amendments that uh amended some facade changes I believe and uh uh the parking mix and we actually amended the unit mix at the time there at that time there's six 1,66 residential units of which up to 164 or could be used as a hotel use so the amendment um before you tonight is to decrease the number of total units from 1,66 to 1 1510 so there will be a decrease uh in the units for Tower 2 will have a total of 730 residential units of which can have some of the hotel component and Tower 3 780 uh units of which you can have the hotel component as well there are also um a unit Mix Change um that uh among the total units uh I also note that the ground floor area uh has decreased somewhat and that has result resulted in the gross floor area uh being reduced and that kind of has a domino effect of some of the other changes you're going to see with the building you know as far as um you know facade uh changes and and and re uh reconfiguring some of the uh areas and lastly uh you you're going to see some changes that are being made to the Greenway Plaza space uh if the board recalls there's a there's a space between the existing office building at Plaza 5 and this new project that uh Herby 2 and Herby 3 um and uh we have we're just we're we're changing that up a little bit as you know you sharpen the pencil you look at things a little bit differently and and they're they're making changes there so that's what you're going to see tonight so we think they're all positive changes um and we have been working with staff uh during the process and with that said I'll I'm going to get out of the way I have uh my architect Scott Herrick is going to uh present the changes and then um Joe Millo is our landscape architect that will take you through the The Greenway changes okay thank you Council I've heard that sharpen the pencil line somewhere before I can't remember where probably me I don't have anything new so Council for purposes of the record I did have a chance to review the application in the staff memo and uh I understand that there are no changes that are triggering any additional variances Andor making any changes to that component of the application uh I think you know if we could briefly touch on the unit count mix but I think the testimony that's going to be Cru crucial really gets into the staff comments regarding the plaza area and the Landscaping so agreed agreed so we will briefly go through the architectural and then hand it off to to the landscape architect okay thank you thank you Chuck good evening Commissioners Tru I do Scott herck SC TT last name is h e r r i c k Mr good evening uh also good to see you in person finally um and uh your license is current in the state of New Jersey tonight yes it is okay thank you you're qualified thank you we're just going to run through the um the pertinent drawings uh and I'm just going to briefly go through some of the uh the changes or actually all of the changes um as as uh Mr Harrington said they're uh minimal and they actually red resulted in a reduction of floor area so gross floor area zoning floor area reduced meaning that we're even just a little bit farther below the F also reduced um the required parking count and required um bike uh count um however uh the design team has has decided not to reduce any of the parking spaces so the parking spaces remain the same uh and the project still meets all the minimum requirements for bike and parking and what I'm going to go through here is we uh when we submitted this we included the approved drawing previously approved and then the um amended drawing I'm just going to zoom in here just to real quick point out a couple changes in the ground floor plan so here on the right hand side we had retail units two separate retail units um um separated by utility spaces um the design change was to uh consolidate and create a larger retail space um this moved uh a a stair and utilities further east and changed the the canopy and the and the exterior facade um slightly and then if we move down further down the floor plan there were minor changes to the to the facade we removed some uh built-in planters that were right at the facade and as um Joe M will testify there's there the that same Greenery was just moved a little bit outboard um so we didn't we didn't reduce the The Greenery but we did separate it from the from the building facade as you can see over here on the lower right right hand side along this area the entry um this Eastern vestibule was pushed back into the building so that it's flush with a facade it used to stick out and uh you can kind of see here in plan there's a little bit of a stepped formation this this creates a a portal to either side of the entry vestibule and then if we move around kind of to the South Side another change that was made I will flip to the existing plan the last time around the mail room was here there's a fire command station wasn't really much shown here what we did was we added a retail space moved fire command to right next to it mov the mail room in board and then created a seating area as you come in this vestibule this vestibule as you'll see in the elevation slightly Chang design we changed some of the Finish materials to more closely um align with the exterior design some of the exterior Stone so very minimal um changes but um still to the point where we felt that we needed to submit those for your approval so moving ahead then there are just some Associated changes uh to the facade at the canopy areas um on the second floor really no sign ific change and then if we move up to where the the towers start to articulate um again some minor changes here in Tower three with the interior layouts again no no effect on the exterior and then some of these the numbers in the tables talk about the redistribution of unit mix um again uh just a shifting between zero or Studio one bedroom two-bedroom and three-bedroom units um resulting in a over all reduction of 96 units in total once the towers um rise up above the podium there were because of these uh internal changes to layouts uh you can see here in Tower 3 on the left there's an area circled here and again this is minor the facade just steps back in a slightly different way and reduces the um overall floor area as we had mentioned and then here on this uh on this particular floor plan on the left- hand side again it steps back a little bit and we reduce floor area you you really cannot see this difference in the elevations uh I will flip to the elevations but you know it's in in it's in this mid block tower area but it's really not where you can actually see it one of the things that was mentioned uh in in the bullet points of the changes were changes in colors um I wanted to point out that we did not actually change uh take away or add any colors it's the same color scheme that you saw previously and that you approved um however uh what we did do was just slightly um shift the composition a little bit in other words certain widths of certain colors and whatnot change slightly again uh you know not not significant and um and no really significant change to the overall look and feel of the of the towers themselves again you really can't I mean these you know the the steps in here are just really not um not something you would really notice and then just to look at a little bit closer at the base the uh elevations um these are the approved plans and then I'll zoom in on the these are the these are the new plans now this is um let me zoom in here like a little bit so this is the West facade this is all of your truck entrances and whatnot um very minor uh sign signage change over here and I would comment that we did not change the overall area of the signage we just slightly redistributed um the signage locations and then if I move down to the east elevation here actually sorry South elevation no I'm I'm getting I'm mixed up this is the East this this area here um is where the the the entry this East entry changed and I mentioned the step back kind of portal feature that's on either side of the entry doors and then a slight change this this area up above in the second floor fitness center um became glass block the areas where the um Planters the built Planters are removed is along this area in front of the the office uh element and that turns that turns the corner I'll just go to the next so this is this is the north facade you can see the the Planters over here when we move and then this retail distribution when we move to the new this shows the much larger retail on the right here entry to the fitness center and then the office office area with these Planters removed so minor changes overall you know change the canopy design slightly finally I left the uh the Finish board in just to again underline that we really we did not remove any finishes change any finishes add any finishes so you've you've seen everything and approved all of those uh previously I'm going to leave the next slides for Joe to come up but that's the end of my testimony okay thank you um yeah I have no questions anybody else no anything okay thank you sir okay then we'll move right into Mr Milo good evening the truth the truth and the truth yes Joseph Malo that's right m e l i l l o thank good evening sir we've qualified you in the past as well your license is current tonight uh yes it is J okay thank you you're qualified page down I'll try it yeah where is it oh page down there we go sorry well good evening good evening um so there were some minor uh revisions to the outside uh streetscape uh around the building so we'll just walk around the building and and show that to you what's on the the screens right now in front of you is the previous approval and now we'll change to the what's being proposed now and we'll walk through we'll start with the top leftand corner and just walk around the building uh first along the along the greenway the stairs Ada ramp were shifted slightly uh to better align with The Columns of the adjacent building on Plaza 5 the planting the plantings that are in front which are actually in raised planters that are in front of utilities were modified slightly to coordinate with the with the utility uh as that coordination went on since we were here last time as we Round the Corner uh onto Bay Street we have these planting beds have been modified uh and and shifted uh in coordination with the ret with the revised retail space an additional stairway has been added to provide better access from the sidewalk to the upper walkway the decorative Paving has been extended which previously wrapped around the corner and and stopped halfway down the building now wraps the and goes the entire length of the building on this along this upper sidewalk uh as we move to the east there's an additional stair that was added to provide again better access and connection from the sidewalk from the public sidewalk to the rais sidewalk around the building better access to the retail spaces uh in addition additional planting beds were added on this north side of the building uh for better separation of of sidewalk to Upper Plaza space where previously it was just a wall with a railing uh now it is this raised planting bed similar to what wraps the corner and what was along uh Hudson Street previously and still and still is along Hudson Street so as we turn the corner along Hudson Street uh there is a the stair was slightly modified to complement the change to the front entry in the architecture and then as we approach The Greenway uh the P pedestrian spaces to the North and South ends of the greenway were uh were modified to provide better pedestrian circulation the grand uh Monumental stair that was in the m in the middle here previously has now been replaced with these gentle sweeping curved Pathways uh to help transition the grade change as just for for the board's reference uh the walkway that's adjacent to the Herby building is at a higher elevation than the walkway adjacent to the plaza 5 building so these curved walkways transition that great grade uh trees were added outside the cafe space provide shade for the tables and chairs there the dog run material was changed from stone dust to synthetic lawn so an upgrade of materials there the uh lawn area in the greenway is is now proposed as a uh a meadow mix of planting and in the lobby entry the what was a fountain feature has now become decorative Paving with a sculptural boulder element and circular seating element those are the uh revisions uh changes that are around the street level up on the rooftop uh or amenity roof this is what was uh previously uh proposed and here's the current proposal this was minor changes the the amenities are still there things just shifted around a little bit and some of the materiality changed to kind of complement the building a little better um I can get into further detail on that if the the board would like okay thank you sir anybody any questions all right thank you Council that's your presentation yeah that that's our presentation just for the record our civil engineer is here if there are any questions um by the board okay thank you um so at this time let's open it up for a public comment if anybody's here from the public that' like to comment please uh come on up Mr chair I see no public I move to close second okay motion is made and seconded public is closed uh Liz do you have anything you want to add yes um actually I was wondering if um you can provide some testimony regarding the green area ratio and the landscape changes and and what that impact on the green area ratio is yes the green area ratio uh increase from 26 to. 32 okay great thank you um yeah and then I just in my staff report um I just wanted to kind of point out some observations to um the Commissioners um I do think there are some advantages and some disadvantages of the design change to the main public green um space so um some advantages include more planting areas more trees less paved area all of which are inh inherently environmental benefits um a disadvantage would be the inaccessibility of the that main green so we were talking about some taller um Meadow grasses there so um just if thinking about um public space it wouldn't be a place where you could go and sit on a lawn whereas that is what is currently approved um however this modification could result in a more lush performative green area um than a lawn that could be damaged from overuse over time which we see in some um adjacent Parks um like Hamilton Park for example um so just wanted to put that out there I think it's you know hearing that the green area ratio has been exceeded I I think that's um that's definitely an advantage of the upgraded design um yeah and with that comment and uh um looking to carry all conditions of previous approvals um staff would recommend approval okay thanks Li thanks your like to make a motion to approve case P um what is it P it's uh p2023 d97 uh as presented to the board here tonight second okay motion made and seconded for approval okay Vice chair Dr Gonzalez I commissioner Dr Desai I commissioner Gaden I commissioner Tores I commissioner green I chairman Langston I motion carries all in favor with conditions thank you thanks all right let's move on to item 20 is case p2023 d0111 uh this is a site plan Amendment for 232 to 238 siav thank you okay uh for the record Charles Harrington of conell Foley on behalf of the applicant uh we did provide notices with regard to this application so I ask that they be reviewed and marked into the record thank you Council chairman I am receive the Affidavit of publication with respect to the application here this evening it does appear to be in order we're going to mark it as A1 for the record thank you Council okay um so uh this application before you is a um final site plan Amendment um so this project was approved by the board um some time ago and uh we're back now to um tweak it um it's a uh there were some variances that were uh approved as part of the initial approval a lot a lot of those are carrying over there's a few additional ones that we're requesting tonight uh I think the the highlight of the changes are that we are proposing to increase the the number of units from 129 units to 151 uh units and and I I probably should back up where this project is in the zone four of the Journal Square 2060 Redevelopment plan area so there is no density standard um so we are proposing uh the 151 units within the same bulk uh build building that was approved uh previously um one of the changes here here as well is you'll see that um these amendments are proposing to add a garage um in this seller um this this uh property is located at the corner of vanwagon in and Sip Avenue so um I'm sure you're familiar with that area the there's that that Supermarket uh across the street from this which I think may be closed now but um Sip Avenue uh has a as a slope um as you go towards Westside Avenue so the idea um as part of this project is is to take advantage of the slope um and have a garage entrance off of Sip Avenue to build into you know that that uh area below uh it will be a seller level because uh it'll be more than 50% below grade and we're proposing 14 spaces parking spaces um in that level and you'll see a couple or a few of the the new variances that we're requesting uh are a result of of the parking we're we're asking for some relief on the drive aisle uh as part of the parking spaces um and and for relief from having it on uh on uh the Sip Avenue side of the project uh I also note that the the present use is a a surface parking lot uh with 33 parking spaces so we're going going to be removing that you already have the in andout of of the cars on the surface parking uh so it will be less less parking on site um and we think that you know the additional spaces although not required um are a benefit to the project so with that uh said I'm I'm going to you know get out of the way again here and I'm going to bring up March shvet is our engineer he's going to just walk you through the site and Technical nature then then our architect Jack raker will walk you through the uh the Amendments and Sam Bellamy will address the the expences all as briefly as possible yeah okay good okay yes I do Mark chis vet m a r k c h i s v tte Mr my license is still active Okay thank you you're qualified thank you okay so let's just start with the location of the site and you can see in the corner of the plan here uh the project s's at the northwest corner of Sip and vanwagon it includes four lots that are proposed to be merged the property once combined would be just under a quarter of an acre basically 100 by 100 within a few inches although there is a slight skew so it's not quite 90° uh angle um and as um I'm going to U describe the terrain a little bit um going to move to the site plan and as you look at the site plan it's in the same orientation uh sip is Avenue is on the bottom of the screen vanwagon is on the right of the screen uh the there is a significant grade change on this property and that's important I'll get to that later but I it's important is to where the garage is located uh the the grade change it basically slopes down as you go from from um east to west and the upper right corner where you see a Transformer room the grades there are are existing a little over 42 42 in Ines and the low point on the property is down on the lower left corner of the site southwest corner it's 36 so there's over a six foot grade change from from the vag wigman side to the uh Westerly property line uh and that's important because U the only real feasible Lo a for a garage entrance to get down below grade is from the lowest point on the site if we were so that is a that is a deviation as your Redevelopment plan requires the garage entrance or the driveway entrance to be on the minor Street and not the major street but it's just simply not feasible that you you would need another 40 or 50 feet of ramp length to get down below grade and the property just isn't deep enough to do that so um I wanted to bring that up attention at the beginning because that is was the driving force behind locating that driveway where it is located uh let me just go through the rest of the site plan um as you can see there's a residential Lobby that's at the near near the intersection near the corner it's off of uh the door is off of Sip Avenue adjacent to that is a retail space and around in the middle of the site again on Sip Avenue is another Lobby entrance that's that's the dedicated um office lobby entrance and to the left of that uh is the is the drive proposed driveway and the uh ramp to the parking garage that's below grade um this in order to get the corner bonus we are required to provide 15t wide sidewalks so there is a setback along sip of about 3 feet from the property line to the building face so that we do produce the 15 ft of provide the 15 ft of width um we Al slight a slight back not as much it's a matter of inches but it it does provide the 15 ft along vanwagon as well in addition to that the garage is set back the garage door is set back another 4 feet and we flank both sides of that garage with two box Planters um so that there is a bit of a buffer between the garage door and any p uh passing pedestrians and in addition for another safety measure we have uh proposed a contrasting soring pattern on the driveway apron itself so that it would be more readily identified as as a driveway uh at that location um again there's more setback at the corner um starting near near the fire command room um across the lobby entrance and along van wigon uh approximately 25 ft that building is set back an additional 2 and 1/2 ft from the required 15t sidewalk with and that's just to provide a little bit more pedestrian space at that intersection um we are uh proposing uh well new curb well new sidewalk New Street trees um ordinance would require eight Street trees we're providing six as shown on the plan donation and it is noted on the plan that there would be a donation for two trees to to make up that deficiency I would point out to you though that there is a according to our survey there was a mark out for a telephone conduit underground just behind the curb along sip so those that conduit may be in conflict with those proposed trees so we would offer that if if if in fact during construction it's determined that there is that conflict that don't and we could not provide those three trees we would provide additional donations to compensate for the fact that we couldn't put uh additional trees um along Sip Avenue um the spacing requirements I don't think we could squeeze another tree between the hydron and the telephone poles that are already Al ven wig and I think we've already maxed out the the three trees that we do propose there Council there's no change to that from the original plan or there is that being the trees change from the plan that we submitted from the from the original from the original plan the original approval I don't recall what if how many trees were proposed I'm not sure that the tree ordinance was even in effect in 2015 or 16 that was 17 now this would have been in 17 no yeah it was 17 okay all well it's been testified to as though it's proposed now so I was just trying to comp you know stick to what the changes are but it appears upon our review of the plans on is this working yes uh that that it is the same amount of trees as the ini propose six okay okay yeah I'm just trying to follow what the changes are obviously as opposed to oh I understand okay so so um I'll move on to the to the lighting plan uh we are proposing U wall mounted fixtures three on each Frontage six total and that would provide the uh the one foot candle uh minimums that are you know required by your ordinance and uh including at the at the handicap ramps and um just moving on to the uh utility plan um utilities the gas the water sanitary sewer and um uh storm connections would all be um off of Van Wig off of Sip Avenue rather um sanitary being located all the way to the to the southwest corner at the lowest point of the property um to to facilitate gravity flow and um there is no overhead on sip the overhead is is actually on ven Wagman and it actually crosses the street at the site uh and moves to the other side of enna but we are proposing uh a a pole uh between two of the trees on Van wgan to to uh provide electric uh the Transformer room as you can see is located uh in the upper right corner which is the northeast of portion of the property and so that's that's where we would provide our underground services for telephone electric and uh cable um if you have any that's that's the end of my direct testimony if you have any questions okay thank you Mr chis I have none anybody else there I have a question was there parking I try to remember the original drawings um well you had no poket in the original no the no the original the original but there was no cut out for deliveries or truck uh move in into the site on Sip Avenue at that time no there were none okay okay that's what I have okay thank you Mr chv okay so our our next witness is Jack raker yeah thank you I do my name's Jack raker r a k e r good evening sir your license is current in New Jersey tonight it is and I've testified before this thank you you're qualified thank you um I'm going to just focus on the changes that we uh made to the plan I'm going I have a comparison sheets and they were submitted so all these sheets sure we submitted as part of the set um the what you're looking at here is the basement level plan and the garage access that was discussed it was 20 ft wide uh that that was what required the variance but we don't have any parking that's on that ramp there's no parking there's no perpendicular access and that usually what drives the width of that aisle if it's two cars can pass easily in that 20 foot uh comparison it's the backout movement that really causes that to change but we've kept that where we've kept the parking uh we also have the bike uh the bike racks uh they're compliant amount of bike storage we will we did get a letter review letter uh to provide some sort of physical barrier between the bikes and the parking so there's no damage between the two uh again there's only 12 spaces here in this garage there's not a lot of traffic in and out um generally very slow moving uh traffic and the uh the amount of uh car movements is going to be very limited um elevators that serve from the garage up to the upper levels there is office so there's a separate elevator that serves that office level and the residence level uh there's also separate stairwells that serve the two of them I'm to go up to the next level did that seller level exist no not not the previous approval right the the whole the whole concept of the parking and the Celler level are new to the new those are new correct so we have a comparison the uh new plan is to the left the old plan is to the right you can see that the garage access does change the amount of active uses that we have along Sip Avenue uh because we have the garage access here we have the office access here with stairwell and elevator access to up to the office levels we have a small bit of retail shop here and then the G the uh residential entry is on the corner here not on vanwagon and um we have the uh some ceiling height variances here as well um the the Transformer room is required by PSG to have a 10-ft ceiling so we we could not comply in that location and because grade is stepping up uh the trash room also has a lower ceiling height level I believe that is 10 ft on the on the mechanical room on the and the and the trash room uh and then 12T in the uh in the uh uh uh Lobby and remaining residential spaces I'll go to the next we do have the cutout in the back corner as the previous plan did as well very similar SL subtle Dimension changes maybe a foot or two here and there but but uh predominantly the very similar in layout Next Level office we have the stairwells that access additional elevators for security we want one elevator to serve just the office the other elevators will serve the residences and the separate stairwell as well again additional office use very similar to the lower layout below just with some additional step backs now we're looking at the fourth floor this is where the residential units start we've stepped the building back uh from the floors below we want to make sure that we can get Windows uh on adjoining property lines so we've stepped those buildings back you can see very similar to the previous approval where there was a zero l line and variance we've kept that very similar in location um even though we've somewhat redesigned the layout of the the floor we've kept those uh those zero lot Line locations very similar and I'll show those locations to you in elevation uh shortly again as we move up very similar we've just changed the number of units we we've uh went to you know more Studios and ones that's how we got the higher unit count going to keep going up again similar layout just a different unit mix on the different levels we do as before proved we have a roof level a roof Terrace uh we have some a small amount of indoor amenity at that roof level that's a that's a loud under the Zone uh we also have some mechanical space and then some open air roof Terrace area we've just turned the views to the ven wagon inside we think the views on that side will be a little bit better than the views on the Sip Avenue side go to the elevations and again side by side proposed to the left the uh pre-approved to the right we think we have a a much better looking elevation now we've added these uh it's brick at the base we've added uh some uh fiber cement panels um changed the variation in color also did some stepping to get some Shadow line um we also have some accent panel it's like a light almost looks like an aged copper accent panel uh and that you can see in the green we've done that on uh multiple floors of the building right at the entry and then a few accent pieces around some windows this is again the one you're look the the uh one this is the van wax in elevation we're looking at right now now the Sip Avenue elevation and then again proposed on the left previous on the right you can see the garage entry there to the left and then the office entry As you move to the right up Sip Avenue and then the residential entry and uh the retail and residential entry following that again we we think we're our our elevations are a little bit more playful I think uh you know we're very happy with how theyve came they've come out they have a really nice look and a little bit more depth to them so these are the the property line This is the north building elevation um with the propo the the previously approved one on the right and our proposed one we've added a lot more movement and material we haven't just created stripes and left a large panel of blank wall we've tried to really uh create a lot of movement and and accent with the limited amount of fenestration that we were able to do and we created a sort of mock fenestration with the with the material patterns continue on and this is the other uh west elevation which is the other property line elevation you can see we do get a significant amount of Windows here but there's that zero lot line up to to the left that we've still treated quite nicely we've brought some material around and we've added some sort of fake window or just mock window fenestration uh materials and lastly I have do have a couple of views so you could really understand what the building looks like three-dimensionally here and that's all of these were submitted to the board and there and that concludes my testimony if there's any questions okay anybody any questions all right thank you sir we appreciate it just going to go to the ground floor okay okay then I'm G to bring up Mr Bellamy who's going to address the additional variances that are part of this application and just for the record Mr Bell has been sworn and qualified already tonight and you could confirm that on record yeah I recognize I'm still on their oath okay thank you sir great um so as Mr Harrington indicated we are in the zone 4 neighborhood mixed use zone of the general Square okay Redevelopment plan um we are asking for some new deviations tonight but um I did want to mention we are removing two previously granted deviations for uh maximum ground floor storefront bulkhead height and also maximum front can of lever balcony projection so there was actually a balcony projection into the right of way on the upper floors that we we uh removed um in my opinion the the deviations can be granted um in that both from the hardship from the topographic conditions uh mentioned in in prior testimony and also from the the benefits outweighing the detriments here um we are removing a a non-conforming surface parking lot and replacing it with a permitted um 14 story mixed juice building uh would also indicate We are continuing to utilize the corner a bonus of the Reed elment plan as well as the office Bas bonus uh of the plan um with respect to the previous granted deviation for the rear yard the extension above the RightWay um there's no change to this deviation 82 ft from um Sip Avenue was approved and that's what remains today um and we do comply from the vanwagon inside with 70 ft so I would say that deviation continues to rely on the original approval um with respect to the minimum non-residential ground Flor Florida ceiling height there was some change here um with the location in the mechanical rooms the uh Florida ceiling height is 10 ft um that's at the uh the highest point on the property um the office lobby and Retail spaces do remain a height of 14 1/2 ft um and the lobby has 13 and2 ft so that's where 20 ft is required again really it's a change um due to the new layout on the ground floor and the uh topographic conion conditions of the property as you slop uh slope down to the West um we are requesting a a modified deviation for the minimum setback above adjacent buildings um as you could see it here there was a um there was a Stairway that uh that was added along the west side property line um that extended that zero lot line condition about 7 ft um overall 39 ft from the uh Sip Avenue right away so just a little bit extended there um as Mr raker testified to and and showed really we did design the building to um be attractive from all Vantage points and um have as many windows uh throughout the from uh from all facades um as possible here so um I think we are meeting the tent of the Redevelopment plan here um by by creating those attractive facades on on all sides um with respect to a new deviation that we're requesting um we're asking for um a deviation from the maximum percentage and consecutive use U of non-active use along Sip Avenue um so we're proposing approximately 57% and a maximum of approximately 46 consecutive linear feet of non-active uses um that's consist of the uh accessed um stairways also the uh the garage entrance and the mechanical rooms along Sip Avenue um the residential Lobby continues to be anchored at the corner of the property as well as the retail space and then the office lobby along Sip Avenue so I think we are continuing to meet the intent there um Anor in the corner with the active use is and really as as um Mr shvet testified to the garage is located in an appropriate location to take advantage of the slope of the site to access the the ground floor seller um we're also asking for a deviation from the a design waiver from the minimum Drive AAL width um I would agree with uh Mr Chet's testimony that the 20ft drive a where 22 feet is required is appropriate here again I really think the intent of that requirement is where you have cars backing out you want a little bit extra space um so there's no parking on the ramp where this deviation occurs and the drive aisle within the garage does meet the 22t requirement um so it I I think this uh uh design waiver is reasonable and meets the intent of the design standards here um finally we have a design waiver for the park and garage access on the main traffic oriented street again this is due to the topographic condition to the property um the garage entrance is located on the lowest uh lowest point on the property to be able to access that seller level where we are proposing the parking here um I think we do maintain an an active Street Frontage along Sip Sip Avenue um and again I think this design waiver is reasonable and meets the um intent of the requirements and there's no substantial negative impacts um overall the project does continue to promote the purpose of the municipal land use law again it's an appropriate use and development of the property it's permitted use um we are meeting the intent of the bulk requirements um providing for uh appropriate light air and open space consistent with purpose C and um as you could see from the renderings um we did provide um attractive uh facades on all sides of the buildings consistent with purpose eye uh in my opinion there's no substantial detriment to the general welfare here um and there's no substantial impairment to the Zone planner zoning ordinance um we continue to promote the purpose of Zone 4 um we also promote the purposes of the office Bas bonus and and Corner a bonus um overall we do also uh Advance the objectives of the plan by providing for mixed use development on the property um and I think the the housing is consistent with what the plan calls for um with that I I think the deviations can be granted again due to the hardship from the topographic conditions and also from uh benefits outweighing the detriments um with no negative impacts okay thank you Mr bellam any questions anyone okay thank you Council okay that that completes our presentation all right thank you is anybody here from the public that wants to comment on this application please come on upu yes ramp Paul Guan r a m p a u l gu y a d n 71 van wagan Avenue Jersey City good evening sir we have three minutes for you okay I live uh at 71 vanwagon Avenue that's two doors down from where this project is going to be and across the street is a key Supermarket which has been closed for some years now our neighborhood has went through a lot of ups and down more under down side I've been very active in the neighborhood and um when individuals in the community meet me they would ask the question when is this project is going to get up to ground for some years now I've spoken to them about it and um we all in the area really appreciate this change it will highlight light the corner as well as um make the area much bright thank you very much all right thank you sir we appreciate it is there anybody else here from public that wants to comment anybody else say no public I move to close second okay motion is made and seconded public is closed uh cam your handl on this yes so I'll be filling in for Sophia Pera um and I'm going to ask uh that Mr Harrington agree to the conditions listed in Miss PR uh staff memo dated March 28th of this year are those conditions acceptable yes they would be acceptable okay um so yeah just going off of what I heard um in the staff me um in the professional planners testimony um and in the presentation this evening um the improvements do um look to be negligible in their increase to the variances um this site is topographically challenged and um we do see that some of those variances are a result of that um and the forestry standards were adopted in 2018 so this will allow for those trees to be planted with the 2018 standards prior to that they would have been 5X five tree pits so now we have 5x1 so it's actually um better that the Landscaping will um be in compliance um but um other than that um planning staff agrees with the testimony provided by their professional planner and um planning staff recommends approval okay thanks C Mr i' like to make a motion at this time to approve case p2023 d0111 second okay motion made and seconded for approval Vice chair Dr gonzale I commissioner gangen I commissioner Dr Desai commissioner green I commissioner Torres um a quick comment I'm really am not a big fan of the uh driveway on SI Avenue U Jesus as much as I look at the print I'm looking at the design and it's I felt it could have been put on the other side of the RO but it's a whole change of design and then I considered that the Super Market was there for so many years years and the driveway did work on right but uh not a big fan of that I just want to keep that in the record was a change I hope that will get moved somewhere else but um Project's a nice project and like the um gentleman that came out from the neighborhood uh I'm very familiar with the neighborhood um it would definitely be a beautiful uh look to that part of the neighborhood uh so that it needs to needs to happen in that area so with that I vote I and uh chairman Langston yeah I agree with commissioner Torres on uh the change to the neighborhood I think you know I like the project the last time it was in front of us I definitely think it's a better project now um the the drive Isle on zp I'm okay with um and I think the you know most of the the other variances involved are di Minimus and they're all driven by that that additional parking garage so um I I do think it's a better project than before and uh let's get it built I I vote I motion carries all in favor with conditions all right thank you everybody can we move on to M moralization of resolutions Please Mr J like to make a motion to approve uh memorialize the following resolutions I have seven Inferno first one is the resolution of the city of Jersey City Planning applicant Karen 1 LLC address 355-357 Sip Avenue Jersey City New Jersey block 11804 Lot 1 decided on Tuesday February 20th 2024 memorialized on March 19 2024 application for a minor site plan approval with C variances number two is resolution of the planning board of the city of Jersey City applicant is 612 communa LLC for preliminary and Fin major s plan approval 612- 616 communa Avenue block 17905 Lots 18 19 20 21 and 22 Jersey City New Jersey case number P2 uh 3- 092 third resolution of the city of Jersey City in the matter of Kindle Education Foundation kef 921 Bergen Avenue 35 Journal Square block 12104 Lot 2 case number p2024 8 application for section 31 courtesy review fourth resolution of the city of Jersey City planning board case number p2023 d98 address 619 palate Avenue Jersey City New Jersey block 1704 lot 14 decided on Tuesday March 5th 2024 memorialized on April 2nd 2024 application for a minor subdivision approval fifth resolution of the planning board of the city of Jersey City applicant at Liberty Harbor North Brownstone condominium uh urban renewal LLC for minor subdivision approval extension of time to file a plot uh pursuant to njsa 40 colon 55 d-47 F approved block 15801 23.5 and approved block 15801 2306 case number p2024 0012 six resolution of the planning board of the city of Jersey City applicant is pinac Development LLC for preliminary and final major s plan approval at 152 ogan Avenue Jersey City New Jersey block 5103 Lot 10 case number P 22-14 seventh resolution of the planning board of the city of Jersey City case number p23 d020 applicant is Gary Maye address 3442 Street Jersey City New Jersey block 11107 lot six decided on Tuesday February 20th 2024 this was an application for preliminary and final major site plan approval with C variances all right we have a motion in second please Vice chair Dr consal I commissioner g hi commissioner Dr Sai commissioner green I commissioner Torres and chairman Lon hi motion carries all in favor to memorialize resolutions all right thanks executive session anybody no sir no move to close okay move it second thank you we're J guys