indivisible liy and justice for all right thank you could we have a sunshine announcement please Camp yes chairman good evening everyone today is Tuesday April 16th in the year 2024 um this is a Jersey City planning board meeting with a schedule of 5:30 p.m. start time and in accordance with the open public meetings act notice of this meeting has been given to the editor of the Jersey journal the Jersey City Reporter and posted with the city clerk on April 12th of this year um this meeting was also posted on the Jersey City division of City Planning web page and all distribution materials made available to the board were published and available to the public all right thanks Ken before we do roll call uh we do need to swear in auring commissioner s here s outside your right hand and repeat after me I state your name I Steven lipsky do solemnly swear do solemnly swear that I'll support the Constitution of the United States that I'll support the Constitution of the United States and the constitution of the state of New Jersey and the constitution of the state of New Jersey I'll be I will bear true faith and allegiance to same I'll bear true faith and allegiance to the same and to the government established in the United States and to the government established in the United States and in this state and in this state under the authority of the people under the authority of the people and that I will faithfully and that I will faithfully impartially impartially and justly and justly perform all duties as alternate number two of the Jersey City planning board perform all duties as alternate number two alternate number two of the Jersey City planning board of the Jersey City planning board according to the best of my abilities according to the best of my abilities so help me God so help me God congratulations welcome back commissioner and uh we also would like to welcome council person Prince Ary and um and could we have a roll call please cam yes chairman um all right Vice chair Dr Gonzalez here commissioner lipsky here commissioner Dr Desai yeah commissioner green present commissioner gangen here commissioner councilwoman three uh Ary sorry and chairman Lon here okay we have Quorum we have uh six uh seven Commissioners present okay thanks cam uh could we swear in the staff please Mike I see ceron I see Francisco sopia J Matt and Eric you guys any testimon tonight going to be the truth the whole truth nothing but the truth thank you all right thank you uh Kim do we have correspondence yes uh we have two items that I've requested to carry with preservation of notice um the first item on the agenda requesting to carry with preservation of notice is item 11 case number P20 uh 23-00 86 it's a conditional use with preliminary and final major site plan address is 516 Tunnell Avenue um they are requesting car with preservation of notice to June 11th um and then the very last item on the agenda has requested to carry with preservation of notice um that is item 17 that's case p23 0094 um the address is 40 lbeck and uh 40 lbeck Avenue it's a preliminary and final major site plan and they've requested to carry with preservation of notice to the next meeting which is May uh 7th um and again that's with preservation of notice okay thanks cam so let's move on to item 7A under old business is case p2024 d37 is a one-year extension for 535 Monmouth Street Council good evening always a pleasure to say in person good evening Mr chairman members of the board it is a pleasure to see people in person once again this is the first time I've I've been here so um this is an application to extend our site plan approval uh which expires on August 23rd 20125 uh I set out the reasons in the letter that I provided uh there was no notice provided but we paid the transcript fees I don't think there are any other requirements okay um Council just for the record uh why the reason for the extension well uh construction was delayed because of uh obviously because of interest rates and uncertainty in this market and the client wants to uh be sure that uh in the event they either Finance the property or begins construction they don't want the approvals to expire that's why we're asking it so early on okay thank you Council uh any questions Commissioners okay is there anybody here from the public that wants to comment on this application anybody here from the public seeing no public I move to close second okay motion is made and seconded public is closed uh Sophia any comments concerns yeah okay uh planning staff would just ask that the applicant's attorney agree to existing conditions placed in effect in the original approval absolutely and planning staff recommends approval okay thank you Mr CH I like to make a motion at this time to approve case p2024 0037 as presented to our board tonight second okay motion is made and seconded for approval uh Vice chair Dr Gonzalez hi commissioner gungan hi uh commissioner councilwoman priner hi uh commissioner lipsky hi commissioner Dr Desai hi commissioner green hi and chairman Lon I motion carries seven in favor thank you thank you thank you Council all right let's move on to new business item nine is case p23 d75 which technically should have been under old business uh this is a preliminary final major site plan with C variances for 319 to 321 4th Street uh this was carried from March 5th 2024 with preservation of notice and uh testimony was taken during that meeting uh we do have a number of Commissioners that were present that night I don't have that list in front of me um it would be um chairman Langston uh commissioner Gaden and commissioner Dr Desai were the three present okay so uh Vice chair Gonzalez did you have a chance to read the transcript or watch the video I did both sir thank you okay thank you and uh council person Prince Ary I did okay thank you and I'm sorry who else uh me commissioner green did okay thank you Dr Desai was President commissioner lipsky I did both okay thank you full board good evening Council great thank you uh Michael Higgins of castano quickle chami on behalf of the applicant um is 319 4th Street it it seems like uh all members of the board have have read the transcript and reviewed so I don't want to belabor uh what happened at the last hearing um there's a bit of History to this project uh we initially uh had four parking spaces on this site in the rc3 zone um we removed two of those at the request of traffic engineering to accommodate more angled parking that would fit better in this rear Alleyway um and at the request of the board we have uh gone back to the drawing board revised those drawings and we're back uh before you with a a layout with four parking spaces um so I only have two witnesses tonight one is the architect who's going to walk the board through the new layout um and then I do have our planner to testify briefly regarding the changes in two variances uh namely the Landscaping which are Varian is uh very minorly worsened by this change and then parking which is substantially improved by this change so um without anything further I'd call uh my architect uh Alan Feld uh if we could have him sworn in okay thank you Council oh do you to share that I I'm just going to pull up my plans and share for Allan we can get him in the meantime sure not a problem I do alen Feld and F thank you Mr Feld good evening um obviously I know the answer but just for the record uh you are the architect of record on this project that's correct okay and you did present at the last meeting you were qualified and sworn in at that last meeting your license is still current tonight correct okay thank you you're qualified I think it's good okay I don't know if this is doesn't appear to be sharing yeah do oh no it's it's not registering so yeah if you could try the other one yeah I must I wish there was an IT course in law school but I must have missed that I took one counsil says that light's blinking we're in good shape no I can take it apart and try and turn it to the right no I don't know why it's not yeah Council these are plans that are on the portal that's correct cam is it possible for us to share those plans for Council since our technology is suspect yeah we could do it from here I mean I'm getting it from my screen I didn't get it do you didn't bring that you need it here we go 13 times to charm yeah camera hey cam it so we're seeing it on the desktops when you hit doc screen or view doc camera oh you are but we're not seeing it up on the screens behind us okay well then I I can do that that's easy wow okay it's good thing commissioner lipsky's here thank you this one's ours so do you want me to walk through it or you okay Mr Feld go ahead please okay where should I start now um I think it's just really the the site plan that we need to show yeah just only the site plan has changed from just the changes initial uh presentation that we did last uh time uh again previously we had two parking spaces in the rear of the building there's an Alleyway there's a 10-ft wide Alleyway um at the rear of this property and um uh of the suggestion from the board actually was to go back and try to um add more parking so uh in that we we added uh two more parking spaces so we have four parking spaces at this time sorry uh we have uh been able to accommodate for four parking spaces one is a handicap space Council can we see this and the other three are do you want to uh what sheet do you want us to A3 A3 keep going there you go that's it yeah so you can see um there are three uh um uh parking spaces uh uh regular parking spaces and one uh for handicap uh parking and there's an entrance way into the building for uh ADA requirements um and this is the only change uh to the application was um adding two more parking spaces okay but uh Council you're going to have somebody else testify about the land I'd have the planner testify very briefly I think that concludes Allen's uh direct testimony is that correct correct okay thank you Mr Feld I have no questions anybody else yeah uh chairman in reviewing the transcript and then the video uh a word that I heard repeatedly by cam was painstakingly dealing with engineering and planners and what I understood from reading the transcript and looking at the video was that no matter what pitch we made to engineering they were not going to be sold on the idea of going more than two parking two compact parking spaces so are we good with engineering or uh so the the functionality of the four spaces Works however for optimal circulation they recommended the two on a more extreme slant um for going in and out but um no it it if functions it can work and as we'll see from aerial and site photos um the norm actually is um just going straight in straight out no diagonal um and that's what prompted this entire uh reexamination of this site um so it it's not best practices by you know traffic planner standards but um the board wanted to entertain this and um here we are so just for clarity uh engineering has no opinion on this or no further opinion on the four uh spaces so commissioner I think planning or engineering's position was they wanted two compact spaces angled and the board did not agree with engineering nor did Cam I get that cam so we're at kind of an impass between what the board wants from a planning perspective and what engineering is recommending from a traffic engineering perspective also I noted that there were at least one I think Mr Serrano uh a public speaker who had a desire to see more parking as well so so I think everybody except engineering wanted to see this I'm good yeah our plan our planner does have an exhibit uh prepared with aerial photos to show that this is sort of the normal layout on the Block and that it would work so we'll testify a bit further to that effect um if there's no further questions for Alan uh I can call up Matthew seckler as our our planner anybody else no okay thank you Council thank you Mr Feld appreciate your time you you have that's I do oh don't put the laptop on yes I do my name is Matthew seckler that's s CK l r I'm with Stonefield engineering design address is 92 Park Avenue in Rutherford New Jersey Mr seckler good evening you were also qualified and sworn at in the last meeting I was not actually you were not I we had a different uh substitute planner last night okay last time I apologize then um so we've qualified you in in the past on other applications are your licenses current tonight yes they are okay thank you you're qualified thank you um and again as was previously alluded to by Council I'm going to pull up an exhibit it's an aerial exhibit let me it's titled aerial exhibit sheet 103 prepared by Stonefield engineering uh and design it is dated April 11 2024 outlined in Magenta in the center of the page is the site in question this is the 319 321 Fourth Street I'm going to zoom in because it's a little difficult to see from this spot but as you could tell uh a number of the lots that front along Third Street which is this uh basically Pace page south of the page you could see these are one lot WID properties versus ours which is a double lot you can see two cars park side by side um in this case you actually have tandem Cars Plus another car parked side by side obviously have access to these properties through the 10-ft wide public alley that uh connects MMO Street to Cole Street um again this is the norm is these kind of head- in parking spaces you could see a number of these Lots with one car or two cars um in their kind of rear alley uh parking areas on sheet two is actually the the site in question uh you could see again uh in the current state the back of the site generally is uh crushed stone uh some you know uh sparse grass uh and light vegetation uh either on the property or really weeds growing through the uh the existing um uh crushed stone and again you see the par the park cars uh that're you know basically uh behind one of the Lots I think this is the 321 Fourth Street lot uh head in parking spaces you could fit two with side by side on each lot um so just again going through the some other properties um specifically the one on the right is the rear of 317 4th Street you could see two cars stacked side by side actually in tandem fashion this is photo number four on the right hand side again these cars are perpendicular to the alley in the rear obviously these cars are able to be uh moved in and out uh without um uh without uh any type of detriment so again overall in reviewing the way that this alley Works uh for a number of the properties that back up either that front on Fourth Street or front on Third Street uh having parking in the rear is consistent with the rest of the neighborhood in fact most nearly all these uh uh parking areas uh are uh perpendicular parking we are proposing that slight angle so again trying to meet uh what the uh City engineering was looking for for ease of Ingress and egress but still being able to maximize four parking spaces including an ADA space we think is um finding a happy medium with this project uh overall um we are increasing number of parking spaces from 2 to four so lessening the variance that we previously uh showed before the board in terms of landscaping the Landscaping in the rear of the site uh goes down 185 Square ft to a total of 572 Square fet where 950 is required per code um again uh we were seeking a variance previously from Landscaping it is now less than slightly as part of this application it is still more than what is out there today so we're improving the current condition which is really just some weeds and uh uh coming through the uh Crush Stone in the rear uh but again we are seeking that variance we do think the tradeoff of being able to get the extra two parking spaces clearly outweighs the detriment of the 185 squ ft of reduced Landscaping the rear of the site so we do believe that this is um would justify a C2 variance as being a better alternate design overall again this project you heard from the previous planner that testified in this project uh all the other conclusions we had reached regarding the fact that this application does uh Advance purpose I which is visual environment purpose a promote health safety and general welfare are still being Advanced we do not believe these uh minor uh variances uh of such Minal amounts uh represents any type of negative impact uh we do not see substantial impairment to the Zone plan or the zoning ordinance in granting these variances okay thank you sir um I have no questions anybody else any questions no okay thank you council is that your presentation that that does conclude our direct testimony okay thank you uh is there anybody here from public that wants to comment truth truth truth yes I swear um my name is Christopher trali it's k r i s t o p h e r and my last name is t Ru n c a l i and I'm 317 4th Street um sweet 1 it's the building next door that they were just actually showing in the pictures good evening sir we have three minutes for you so um if you look at these plans it's very clear that the issue that's coming up is that they the plans are to build this building as close as physically possible to the alleyway um the head-on parking doesn't seem to be an issue for anyone in the neighborhood everybody else is is doing head-on parking but currently you're taking two buildings which have half a story underground and two stories above ground my building essentially is four stories but this new building is going to be a story taller than my building because they're building up so they're adding two stories beyond the existing structures the buildings that they're tearing down are further away from the alleyway than my existing building which can fit four spaces in the back so there would be room for at least eight spaces if you look at the existing structure but these issues with vegetation and not having enough room for parking are because this plan is to maximize the absolute amount of living space for monetary reasons at the expense of the community and so I would say whether it's vegetation or parking and I do prefer having more parking spaces the real issue here is that this um plan for a new giant building is so close to the alleyway and it's not in my opinion representative of the neighborhood that we have some new developments where they're getting approval for these plans to build right up against the alleyway but the majority of the homes that I see in that Alleyway are like mine where they may have garages they may have spots for parking but the houses aren't built so close to the alleyway that we run into these issues so um essentially the the issue I have is I think the real problem here is that these plans shouldn't be that close to the alley and that's really all I had to say so I can yield my time okay thank you sir we appreciate it is there anybody else here from public that wants to comment on this application anybody else from public Mr Ching no more public I move to close second okay motion is made and seconded public is closed uh cam do you have anything you want to add um uh yes so first planning staff's going to do our usual Spiel and ask that you agree to the planning staff uh conditions in our memo dated January 4th of this year are those conditions acceptable those conditions are acceptable okay super um so firstly um just want to reiterate this because um it was mentioned in the first meeting that the as of right construction on this site would necessitate no parking at all and so the parking is a variance associated with this application that if this application does not get approved there will be no parking on site at all you can't do parking on the site at all without the variance here um the rear yard variance is 6 feet in excess of what they uh should be doing um they're doing um uh 21 and they should be 28 7 ft actually sorry um so there is that however that setback is actually the setback to the north you'll see the the silver building um that that is their setback that they're uh meeting um the Landscaping setback the testimony that was given regarding that planning staff has no issue with that um there are two new Street trees that will be added and some green Roofing and improvements to storm water and drainage on site that will ameliorate actually many of the existing conditions we have on the site that have pooling water and whatnot um so um planning staff is satisfied with the testimony given by their professional planner and their team regarding the variances we don't believe it would have a negative impact on the zoned plan um uh the intent of the plan or the master plan um and um planning staff would recommend approval um with the conditions set on record um that but I guess the only other um thing that I think is worth noting is that this alley of course was designed for horse carriages and horses and all these homes you know if you look at the Aerials and you go back there all those sheds in the backyard were for horses so the the driving is really really narrow um and that's again that's why the best practices for traffic said do them as slanted as they were but um you know motorists can can navigate it um it can be done it's not ideal but it it can be done um so unless the board has any other questions uh that concludes planning staff testimony thank you Cam um could you go into depth a little more on the the fact that there's no part parking permitted on this site and that's the V that's one of the variances being sought yeah so um when they do the as of right application here which is to develop uh the two lots separately um they would have to meet the 28 ft required uh rear yard setback again they're doing 21 um and that would all be landscaped area parking would not be permitted um period and they could do four units um get the same exact density um as the building that they're uh proposing now but parking again would not be permitted um yeah I'm not sure if there's uh any other way I could say that okay I'm just to clarify that for purposes of the public we have two separate Lots being Consolidated to corre one structure correct yeah that one structure is proposed to house eight units correct if it was constructed as two separate buildings of four units each mhm you would still get eight units but in that scenario no parking is required as a matter of fact no parking is permitted correct and it would be as a right and they would go to the zoning department to pull permits and they wouldn't even come to the sport and with respect to the rear yard setback they're deficient 7 ft but of course that 7 ft doesn't provide the ability to park two additional cars on the spot or on the lot correct and that is what their neighbor to the north has so Council my question would be is to the public speaker is uh if his argument is correct that your client was looking to maximize living space uh density and capital gain then if you had built four units and four units without the parking you would have uh realized a greater density right if it was two separate buildings it would be the same um same exact density it would be four units it's just that they're Consolidated and the lots are of a certain width when they're Consolidated that it's based on the bedroom count in this I guess the question is is why did you or why did your client decide to go with one uh building and take on the burden of proposing were being told to use uh to come up with two parking spaces and then pull the application from the last meeting and now back with four yeah um so the change with parking is is solely due to the back and forth between uh requests of traffic engineering and then coming here and finding that the board preferred a different layout so we changed to accommodate that uh why why my client opted to do one Consolidated uh lot with one development over two um I can't really say I think he likes the design of this building that the architect prepared and is very happy with that so wanted to stick with that plan instead of doing the the honestly easier application of doing two separate uh as of right projects um yeah well and to be clear Council that wouldn't even require going to any board you would go to the building department you'd pull permits and the net result in terms of the public that's concerned about on-site parking is no parking eight units no parking probably the same impact in size of structure without any parking so uh that's permitted under this zoning yeah okay I can note very briefly to the the rear yard setback I heard um some discussion of that too uh I know the tax assessor uh routinely allows you to consider uh when there's these rear Alleyways 5T of that as part of your lot too so our no which is a 7t rear yard setback that we're requesting is somewhat conservative you could theoretically make the argument that it's it's 2 feet but we we did notice for the greater variance to be conservative in this situation okay thank you Council there's nothing else I'll entertain a motion Mr chair I'd like to make a motion to approve case p23 075 as presented to our board tonight second okay motion is made and seconded for approval um Vice chair Dr Gonzalez um yeah I I think the uh the variance uh asked being asked for is uh is di Minimus in this situation I think we're actually providing parking um and so I I hear Mr um tranelli I believe who came up and uh thank you for coming out and T and speaking but I do I do believe that this is an approvable uh project so I say I I commissioner gangen yeah I just want to um thank you for coming back and take the advice of the board in regards to the parking um I really feel that the variances requested meets the objective and the goals of the master plan so I commissioner Prince uh councilwoman pror sorry Hi commissioner lipsky yeah so um in reading everything I mean I follow our great planning staff and they were recommending it and I think if your client was Guided by Allen Feld who is a great architect and he presented this as an option who am I to say no I vote I commissioner Dr Desai I commissioner green I and chairman Langston yeah I agree with the other Commissioners um I think uh the variances sort are well within reason um I do think it has no detriment to the Zone plan or the master plan of the city so uh and thank you for coming back with the four spots I'm impressed that you made them angled and that they weren't just straight in um so with that I vote I motion carries all in favor with conditions okay thank you everybody uh let's move on to item 10 is case p2023 d44 is a preliminary and final major site plan for 35 Fair viiew Avenue I just want this good evening Mr chair Commissioners uh good to see everybody as always I'll be here for quite some time this evening so I look forward to a good night ahead no will we we know the fing the uh the application before you this evening is uh first is for 35 Fairview Avenue that's block 16703 lot 9 and we are located in zone one or the neighborhood mixed use zone of the Jackson Hill Redevelopment plan again for the record the property address is 35 Fair viiew Avenue Ben and uh also for the record Benjamin wine of prime and toel on beh of the applicant 35 Fairview AV LLC so this property currently consists of a two-story building with two residential units currently on the property and it's largely surrounded by varying residential uses with uh with a little bit of a smattering of some commercial and uh and other mixed uses as well um this does include for the record immediately adjacent next door to the West is a 10 story 92 unit development um that uh that has already been approved and constructed um of which 50 of the 92 units uh I believe are affordable housing and I'm sure this board uh may or may not recall that application from a couple of years ago we're here this evening seeking preliminary and final major site plan approval to construct a new four-story building that will consist of 15 residential units and eight bicycle parking spaces along with some Landscaping lighting and storm water management improvements the development does comply with all of the zoning and Redevelopment plan requirements prescribed by the Jackson Hill Redevelopment plan and I will note as well that as part of the Redevelopment plan requirement um and also just good practice we did meet with the uh it was the Jackson Hill Main Street neighborhood association on February 1st of this year to present our project we held that meeting at the Moors lounge and I would say it was fairly well attended including by councilman Gilmore uh despite again being variance free we did discuss the plan in detail there were several questions that came up and we did our best to respond to those questions we do feel that this proposal will promote the objectives of this Redevelopment plan which hopefully you'll hear about it detail this evening and I would just lastly indicate that we did receive both the staff report um from Mr Beasley as well as the engineering report from Miss Wang and we take no issue complying with uh all of the comments contained in both of those reports so unless you have any questions of me I do intend to proceed with just one witness this evening that's our project architect um Jeff Lewis who will be speaking on behalf of the development and uh so I'm happy to move straight along with Mr Lewis okay thank you Council council do you have your notice I do thank all right this wearing Mr Lewis ah chairman I had received the notice I had received the notice electronically obviously prior to tonight's meeting this does appear to be the same notice that I had the opportunity to review before the meeting it is the original it does appear to be in order we're going to mark it as A1 for purposes of the record all right thank you Council and let's uh get Mr Mr lewiis sworn in tonight be the truth the truth yes I did Jeffrey Lewis J F re y l w i Mr Lewis good evening we've qualified you numerous times in the past your license is current tonight yes sir it is okay thank you you're qualified great thank you all right Jee you can go right ahead okay so 35 Fairview Avenue this is an oversized lot it's uh 31 ft wide by 100t Deep uh we're on Fairview Avenue right near montelo Avenue um this is an as of right building uh we're proposing a four-story 15 unit building which breaks down as has six studio apartments five one-bedroom apartments and four two-bedroom apartments uh looking at the drawings to the right I want to start with the site plan uh there is an existing Street tree that we're going to be keeping and building a new tree pit for uh looking to the building itself we are built at the front property line we're also built up to both side property lines however we do have a fairly large light well along the left side of the building uh we're using this space as a yard for one of the ground floor apartments and also um we do have a storm water uh management system here and the detention tank is located uh beneath the grass here uh we also have a small 5ft deep rear yard this is also a private yard for a ground floor apartment and this is enclosed with a 6 high wood fence moving to the floor plans I want to start with the first floor plan at the top uh Fairview Avenue is on the right of these drawings um so there are two main entrances to the building St starting at the top the first entrance goes directly to Stair number two to the second floor the second door is our main entrance it leads to that main lobby um which provides access to our mail area our all of our meter rooms our sprinkler room as this will be a fully sprinkler building uh the main staircase uh in the back we have bicycle storage for eight bicycles as well as a trash and recycling room which has an exhaust fan D venting to the backyard uh the rest of this building is is uh residential uh all the apartments in the building have a washer dryer in the unit and we are providing air conditioning and heat with heat pumps uh with well-mounted uh mini sputs coming back to the first coming back to the first floor we have three apartments on this floor there are two one-bedroom apartments and one two-bedroom apartment uh all these three apartments are Ada adaptable adaptable excuse me um there's one apartment in the front here a central apartment here which as I mentioned has direct access to the sidey yard um there's also an alley here with a door at the front which provides uh emergency escape from from the uh sidey yard out to the front of the building and then lastly we have this rear two bedroom apartment which as I mentioned has direct access to the private backyard looking below at the second floor we do have four total apartments on this floor uh there are two Studios which are in the front of the building and these both both have Juliet balconies facing the street there's again a central one-bedroom apartment facing the light well which also has a Juliet balcony and then in the back uh we have our rear two-bedroom apartment and this has a 272 sare foot roof Terrace moving on to the third floor on the top here uh this is relatively the same as the second floor the only difference is in the back apartment where we don't have that roof Terrace anymore but we have a 15t wide uh balcony and then again moving on to the fourth floor this is again the same as the third floor with one small exception which is that the two rear Apartments the one-bedroom and two-bedroom apartment each have an internal staircase which is going directly up to the roof to their private roof decks and so I'm just going to go right to that roof deck plan that's here so we have at the back a 700t roof deck which is dedicated to the two-bedroom apartment in the rear and then a 775 ft roof deck which is dedicated to the uh one bedroom apartment below we also have our condensers up here and the first roof deck is set back 10 ft from the front of the building and we're using this space to provide 296 square feet of green roof trays uh looking at the building elevations I'm going to start at the front elevation on the left the main building finish is a smooth beige brick uh we have a wood cornice at the top which is wrapped in slight gray metal panels the um Juliet balconies are all black aluminum railings we have black aluminum frame doors and windows and we're using white metal panels as Accents in the center of the building on the upper floors sliding over to the rear elevation on the right here uh the main finish is a gray vinyl siding uh we have again black aluminum railings black frames for our doors and windows and then on both elevations you can see the stair bulk head which is set back from both elevations and that's finished in a colonial white finyl sighting so it's a little lighter this is the left side elevation there's not too much to see here this is the same finish as the rear elevation gray vinyl siding and same doors windows and railings as on the front and rear elevations Jeff that's the that's the light well that you referred to on the site plan correct this is the light well in the center here and then lastly this is the right side this is located right on the property line and it will just be uh final sing um that concludes our presentation if anyone has questions I'm happy to answer them okay thank you Mr leis uh anybody any questions all right thank you thank you Council that uh that really does conclude my presentation um I know Mr Lewis did talk about the storm water improvements uh the rest of the civil engineering plans do speak for themselves but uh being that we do not have any variances associated with the application um that would conclude my presentation okay thank you coun uh is there anybody here from public that wants to comment on this application anybody from public seeing no public I move to close second okay motion is made and seconded public is closed uh Eric anything you want to add um I don't have too much to add um staff did determine that this is an as of right project as the applicant stated um also staff uh found that this project aligns with a lot of the objectives in the Redevelopment plan and uh with that being said um staff recommends approval with conditions of course which are acceptable to the applicant okay thank you Council okay Mr chair I'd like to make a motion to approve case p2023 d004 4 as presented to our board here tonight second okay motion is made un seconded for approval Vice chair Dr Gonzalez I uh commissioner lipsky I commissioner green I commissioner gungan I councilwoman Prince AR I commissioner Dr Desai I chairman Langston I motion carries uh all in favor thank you very much everybody thank you Council all right let's move on to item 12 is case p2023 d62 it's a site plan Amendment with variances for 44 to 46 New Kirk Street good evening Council uh good evening uh chairman members of the board uh before we proceed to item 11 I'd just like to quickly Retreat to uh item 11 on here which say uh p223 0086 516 Tunnell Avenue uh I actually was recently retained as Council uh for this applicant um Mr Black put on the record that it was carried with preservation of notice um because I was just retained on Thursday uh I discovered in reviewing their notices that notice was actually deficient uh this is located on um uh Tunnell Avenue which is Route 109 uh it is arguably also on the county road as The Jug Handle concludes um the county road uh neither the county nor do were noticed for the application so uh obviously um jurisdiction wouldn't be proper before the board um so we will have to Ren notice for this application uh I also just recently received some comments from traffic last evening um the uh the original plans didn't get to traffic originally so um we will Ren notice I know Mr Black put on the record that it would be for June 11th obviously because I'm coming in now my uh applicant asked if I could try and get that earlier that's up to the board's discretion um so I would just put it before the board to hopefully carry this to a different date that I could notice for in uh May so chairman since the application has to be Ren noticed it's not being carried it's being adjourned and ren noticed for a new date uh presumably anybody that was here would get a copy of that notice I am slightly concerned obviously that it was announced for the date of June 11th so with that obviously uh it's in the board's discretion chairman okay uh cam I'll I I mean or anything you want to say I I understand why you have to ask but we absolutely cannot accommodate it um June 11th is the earliest we can do okay yeah May 7th is like double booked May 21st is triple booked so June 11th is really all we can do yeah okay there's your answer Council can't get if you don't ask okay so uh once again for the record case p2023 d86 is a conditional use with preliminary and final major site plan has been adjourned and uh the public will be noticed okay so uh Council let's talk about chairman just one point uh Council so if this is a County Road would you not also have to appear before the County planning board uh we we would um generally our practice has been to get approval from this board and then also apply to the county uh it's up to them whether they actually want to hear the application or not uh we'll make a jurisdictional request from them when we make that application but that will obviously be part of my next filing and it will be done probably even before I'm back before this board okay so let's uh talk about case p2023 d62 is the site plan Amendment with variances for 44 to 46 New Kirk Street okay again for the record uh Tom lean of Connell Foley uh the board is very familiar with this application uh it was originally approved back in 2018 uh went through a number of extensions um at the time it was approved it was under the uh the Zone 4 uh neighborhood District within the uh General Square Redevelopment plan uh it has been amended to Zone 4A since that time it does not significantly change the um actual Zoning for the site uh because it is subject to the corner bonus uh so there are some small nuances but the ultimately the zoning is not very much affected however because it was approved uh while Zone 4 was the underlying zoning it Still Remains subject to the Zone 4 zoning requirements uh it was also approved as a 13 well a 12-story building with a mezan back then our code has since changed and all mezzanines are counted as floors now so that would have been a 13-story building which would not have been permitted by this board so we did come back we did amend it as a 12-story building that obviously resulted in some changes to the floor plates um and uh under case p2252 this board did amend some changes to that plan we're back again with what we're hoping is uh a more modern more efficient building um it is a 200 unit building up from 167 uh that does not constitute a new application it can still be treated as Amendment there was also 14 parking spaces uh previously approved as part of this plan we've removed those parking spaces and removed the proposed curb cut we've turned that space into amenity space amenity space that was previously on the mezzanine floor that was approved by this floor board so ultimately we believe this is more efficient building um there were some deviations that were previously approved by the board the bulk of the building hasn't changed so those deviations haven't changed however uh there are two new deviations we're asking for tonight they are more because uh of plannings due diligence in reviewing uh the Redevelopment plan and taking a much deeper look at the proposal uh there are some things that we might have missed didn't consider the first time they are deviations there are things we have to ask for But ultimately the building as approved is the building bulk wise that the board has already approved uh so with that I'm going to have uh Mr vanderark come up our architect and he's going to walk you through the changes um and I do have my engineer and professional planner Mr height here to uh to go through those deviations okay great thank you Council council do you have your notice I do okay and I just want to use this as an opportunity to say that 40 40 lbeck is not being heard tonight it is carried to the May 7th meeting 40 lbeck is not being heard tonight okay just wanted to double [Music] check chairman for purposes the record I've had the opportunity to review the affidavit and no proof of publication with respect to the matter here this evening it does appear to be in order we're going to mark it as A1 for purposes of the record okay thank you Council sure ttim tonight be the truth the whole truth and nothing but the truth I do sure that is Anthony C vanmar Jr Mr vanderark good evening we've qualified you in the past as well uh your license is current tonight it is current tonight okay thank you Sirah you're qualified great thank you um this evening we're here uh as Mr lean had stated uh for an amendment to a previously approved uh site plan here at 46 New Kirk uh Avenue what we are here for highlighted in yellow uh again as previously stated um we have an approval that was dated back on 5923 and we hear it tonight on 41624 side area remains exactly the same 12 stories at 130 ft which is permitted in the neighborhood mixed juice um Zone 4 Zone uh with the corner lot bonus a so 130 ft is compliant um and was previously approved one of the major differences here are the residential unit density change previously uh application was at 167 units as you can see now we are at 200 units the number of Studios have changed from 84 to 113 uh from 76 one-bedrooms to 83 one-bedrooms uh three two-bedrooms to zero two-bedrooms and a compliant for three bedrooms which is 2% and as needed by the uh 2060 Redevelopment plan previous application had a corner uh retail space that wrapped uh through to Baldwin Avenue uh That Remains the Same uh we have moved the wall in in the rear yard uh just slightly um to accommodate some outdoor space uh behind the proposed amenity on the first floor previous application at 167 units had 14 unit uh they have sent now been removed so we have proposing zero parking spaces which is still compliant with the Redevelopment plan uh in place of the uh 14 parking spaces at a 2,960 ft uh amenity Area Bicycle parking uh slightly changed uh the interior spaces were moved around slightly and I'll get into that in a minute um we are at a compliant 100 um uh bicycle parking spaces with eight outdoor uh we have previously approved a pool and a rooftop amenity with green roof and store Mor to detention that all remains as part of this application um we have a slight change to the building exterior on the uh at the base of the building uh ownership had requested that uh we kind of soften a little bit of the design and I'll get into that uh from the renderings I don't know how much uh the board wants me to get into as far is the location of the project but again it's a 15,850 square foot site that's located at the northwest corner of Baldwin Avenue in New Kirk Street pre-existing conditions we have a uh you know a masonry three-story structure adjacent to the West the site is cleared partially uh uh at the uh properties on Newkirk and the corner property and as you work down towards Baldwin as you can see uh there's a two story and then the last slide here uh is those three-story uh very narrow uh woodf frame residential structures so they still remained um the first four plus the corner are to be removed as part of this application um Mr vandemark maybe since we've had so many amendments to this plan already why don't we just stick to the uh the latest changes that are I appreciate that thank you chair for review tonight feel like we hear this application once a year Council as a matter of fact you have almost to the date right okay okay um first floor plan um highlighted in red is really the the changes to the first floor here um I will show you the previous application drawing uh the uh rear of the property uh to the northern portion again had 14 parking spaces we had a curb cut on Newkirk went directly uh UPS slope uh to the parking area as part of the new application we have before you highlighted and red um that curb cut and drrive V is replaced by uh pedestrian passage um interior bicycle uh parking spaces and as you can see in yellow a 2,900 ft uh manity space we have a 1,410 square foot outdoor permeable patio area as you can see the the site planning other than the removal of the curb cut um remains exactly the same um as part of this application we agree to comply with both the uh Transportation uh comments and as well as City engineering comments uh we are proposing uh uh a loading zone on Baldwin Avenue uh new pedestrian Ada uh ramp at the corner and we are adding one parking space uh again to new Kirk Street That's the basis of the change at the first floor from rendering standpoint uh the previous application had a series of peers with Lars glazing openings um the ownership um interior design consultant uh had requested that we add these columns to the outside peers uh so that is um added to this application uh that wasn't in the uh previous application as far as color palette and the masonry material Remains the Same however the openings uh the window openings slightly changed and uh ownership requested that we add these columns to the lower part of the facade the floor plans uh again uh footprint is exactly the same uh the unit counts slightly Chang uh when you go from 167 to 200 I don't know if the board wants me to walk them through every floor plan but it's predominantly uh Studios and one bedrooms with again four um three-bedroom units that are located on the upper floors in blue here on the corner working up to the roof we have a large amount of extensive green roof area at 2,119 Square ft um on the upper bulkhead roof 1,98 and as part of the original application uh this project had a pool at 72 ft that was facing uh D East that's the majority of the changes here we just uh we had some uh first floor changes uh and a little bit of uh juggling around as far as the lower part of the facade but again it remains uh pretty much the same uh you know building uh and uh site plan uh as previously approved uh thank you I do have Miss Galvin here uh however Mr vanderark testified he did receive uh both comments from engineering and comments from uh uh traffic and engineering and obviously we can comply with those so I'm not sure her testimony is necessary other than that I have Mr height to come up and just go through uh the two uh new deviations we notice for okay uh maybe we'll get some questions out to Mr vanderark first if that's okay yeah that's fine um Mr vanderark the uh the only question I do have is the material on those columns yep you mentioned masonry is it solid masonry or is it a masonry cover over foam or I I I mention dir word ephas that I don't want to say out loud heaven forbid no it would not be an ephas material it it would be um it would be a half columned uh cast IR material okay very good thank you anybody else any questions Mr vmor no all right thank you sir thank you I apologize for jumping the gun no worries I'll have Mr I come up could have kept it you want this no no no okay okay ttim ton the truth the truth and truth I do yes Charles height last name is spelled h y DT Mr hey always a pleasure your license is current tonight still current thank you very much okay thank you qu ified okay uh Mr height uh we previously had uh some deviations that were approved by this board uh those have not changed uh they believe they related to what would have been considered the rear yard at the time that we had the uh approval uh originally back in 2018 I know some of those definitions have changed but the bulk of the building has not changed the two new deviations that um we realized we should have asked for uh since the beginning uh relate to the um height of our bulkheads and um the setbacks that are required to allow for Windows on our uh facades facing both um North and to the West uh could you just briefly walk the board through what those are why maybe we didn't consider them the first time and why we still feel that the bulk of the building is appropriate yes so um just to tackle the first reference to the rooftop element um the technical reading uh in the Journal Square Plan uh spe is respect to uh floor to ceiling of the rooftop structure we are now including the staircase and elevator bulkhead within that framework um the permitted maximum is 10 ft uh as we worked with and confirmed with mat Silva most elevator and staircase bulkheads need to exceed the 10 ft Max just to be constructed for floor to clearance for the mechanical unit of the elevator and and the ceiling height for the staircase um the remaining level of that amenity space will still be 10 ft as was previously proposed and and currently proposed so um for all intents and purposes we comply but for uh the new understanding and the inclusive uh reading of that language in the red in the Redevelopment plan um so that's up at the roof um with respect to the sidey yards um again no change in the footprint of the building um the corn Lop bonus uh as it it reads and apply is applied to this uh application does require a 5 foot side yard setback for all stories above the adjacent structures that's a mouthful um we did accomplish that for a majority of the upper floors but for the first 28 ft along new Kirk along the sidey yard and in the first 42 ft along Baldwin we actually have a zero front sidey yard setback that's Comm in planning practice to provide a lot line setback for a building of this nature um a modern building the the architecture design of it um we are proposing to keep that part of this project so we are not amending it to comply um we did also confirm that part of the design was to not only allow for uh light and air for where we do setback uh this building um for the remaining section of the setback but also to respect the adjacent property so we do have to three-story structures immediately adjacent one on Newkirk one on Baldwin um the property on Newkirk does have uh a a um a window on that shared side yard we are respecting that with the 5 foot setback um but closer to the street as you as you move closer to the street that's where we we have the zero foot setback so the impact there um to to in my opinion is being addressed with respecting the 5- foot setback at that point um along Baldwin there are no lot line Windows um we are respecting building code light air with respect to our proposed structure as well as with respect to the adjacent structure um so that's the side guard setback um I still maintain um based on our review and and um the fact that even though the Zone did change from Zone 4 to 4A um the corelot bonus has always been in play so I think the intent of what's being proposed is fully consistent um notwithstanding catching up on these two deviations um based on the current review so I do think that we further the purposes of the Redevelopment plan um we don't have any substantial impairment or detriment to the Redevelopment plan uh or the The Zone plan or master plan um we also uh by virtue of accounting for that light and air to the adjacent property I think we're mitigating any substantial impact um to the adjacent property this is a cornerlot bonus development it is a tall structure we are adjacent to three story structures this is somewhat not uncommon in Journal Square as things develop over time um but I think we're we're not posing any substantial detriment uh notwithstanding that this is a Redevelopment area uh that's my direct testimony I don't know if there's any other questions uh the only other thing I would say is in speaking with Mr dilva we did agree that uh those facades that uh are against the lot lines we would have a decorative element along them so they don't read as flat facades with no um just blank walls that just Ascend all the way to the top of the building so that's sort of the give back to uh to alleviate that lot line in that's thank you very much that's the same uh condition with the rooftop element with the bulkheads it'll be cladded with similar materials as the the rooftop facades okay understood thank you Mr height um yeah I have no questions any anybody else any questions okay thank you sir thank you thank you council is that your presentation that is our presentation I have nothing okay thank you and uh we will reserve the right to call Miss Galvin if uh thank you for coming but it you're here if we need you uh so at this time let's open it up for a public comment if anybody's here from the public that wants to comment on this application Mr chair motion to close second okay motion is made and second it public is closed um Matt before you jump in I do want to address the elevator bulkhead Heights in Journal Square just to throw it out there is this something we should be looking at changing multiple Redevelopment plans on um rather than having each applicant ask for that variance when it's a you know specifically mechanical issue so um the clause is only in the Journal Square 2060 Redevelopment plan um you know staff has informally looked at this requirement and believe that it isn't compatible with modern elevator shafts and um you know um you know talking about the broader M it's perhaps something that the board should look at amending um staff would be happy to assist the board and studying that okay all right thank you and then whatever comments you have certainly um so staff provided a memo to the board and the applicant dated 45 2024 um in the memo it outlines seven conditions um does the applicant agreed to all conditions in the memo yes we do great um I want to highlight just specifically so the language that Mr height alluded to um in corner lot bonus a States all floor levels above the height of adjacent buildings shall be set back from the property line 5T or more to provide Windows um which you know reveals an ostensible planning purpose for this regulation it's principally about avoiding um large unsightly blank walls uh the nature of the corner bonus is that it really only applies to that particular parcel and as such um by the nature part uh buildings developed using the corner bonus will be substantially taller than the buildings around it presumably in perpetuity um and so um in other parts of Journal Square when we have this case of a large building gets developed next to short buildings and there's a blank wall um the adjacent buildings usually also have development rights to build a building of similar bulk and those blank walls will eventually be covered up that is not the case in the corner bonus Zone um therefore to alleviate um you know any negative impact and you know preserve the purpose of this Clause to um avoid unsightly blank walls um that will be visible long term um a condition the as a condition as uh Mr lean mentioned we want to see design elements that Echo a fenestration pattern or otherwise provide an element or color of geometric articul ulation in order to provide an attractive appearance and comply with the intent of the zoning staff recommends approval with conditions thank you Mr chair like to make a motion to approve case p2023 d62 as presented to our board tonight second okay motion made and seconded for approval Vice chair Dr Gonzalez yeah let's get it built v i commissioner lipsky live that word and I welcome and I commissioner Dr Desai I commissioner green I uh commissioner gangen I um commissioner councilwoman Prince AR I and chair Langston yeah I agree with the the changes uh I don't think there's any detriment to the Zone plan the Redevelopment plan or the master plan of the city so my vote is I motion carries 70 okay thank you thank you Council Mike do you want to take your break now okay let's uh take a 10-minute break everybody for okay see how this am go get okay I have to leave e very e I'm it's gonna hurt you come Santo I'm calling you by your dad's name God uh where did you get the food you're Rangers okay was like Fight Night that's Mar stoo 420 West can we come to order again everybody please good and let's call Item 13 is case p2023 d23 is a preliminary and final major site plan for 30 and 40 Newport Parkway good evening Council uh good evening everyone Lisa lamelo from Murphy Schiller and wils on behalf of the applicant um applicant is NC housing Associates number 200 it is for uh construction of a Lobby uh which will act as amenity space uh between the existing uh Towers at 30 and 40 Newport uh the there no variances associated with this application the um the the property is in the Newport uh Redevelopment plan and the residential area the Newport Redevelopment plan um tonight we will hear from our uh civil engineer Mr Matt nles uh we will hear from our architect uh B thermal planning uh from Carol's height and uh we have tonight uh Mr giovan Diaz who is our landscape architect any questions from the board though we're not uh planning to present him uh in our direct um let's board has any uh preliminaries we'll call Mr nles as our civil engineer okay thank you Council and chairman just before we get Mr n sworn in I have uh had the opportunity to review the Affidavit of publication proof of mailing does appear to be in order I didn't get through all 600 of the green cards but they all are here we'll mark it as A1 for the rec there was it was there was certainly certainly quite a few okay okay let's call Mr nles then thank you hello anytim ton truth the truth nothing truth yes I do please sure it's Matthew nles NE LS Mr nles good evening uh is your license current tonight yes it is okay thank you you're qualified thank you Mr nles can um off with this one's on as well um can you uh tell us your Association uh with this project sure um I work with a firm of uh drar Robin and we were contracted to prepare the site plans the site civil plans for for this for this project and those those plans were prepared uh by my team under my supervision okay and um do you uh describe uh to the board the uh civil engineering associated with this project sure I'm going to try and plug my computer in hopefully that works out I think I that sound that was a good sound made the sound but it didn't do it there we go okay yeah so I'll start with a cover sheet of the plans that were that were presented um I'm going to zoom in here hopefully just give everyone uh benefit of the location of the site site is located on the north side of Newport Parkway near it's intersection with Washington Boulevard so it's on the east side of Washington Boulevard North of Newport Parkway uh North Boulevard is to the east of the site so it's located here um very close to the intersection of Newport Parkway and Washington Boulevard I'm going to um Zoom back out here um just move on the next page down here we go so basically just to give a quick walk around the site um what what currently exists today is the Thomas Jefferson apartment building 30 Newport Parkway and the the James Madison Building at 40 Newport Parkway they're kind of these these two buildings that are um that are outlined here that look like kind of like an H shape a little bit uh and the proposed project includes the development of a of a one-story uh Lobby building which will be described by the architect but it's located here which is kind of in the Westerly or the Northerly portion of what's an existing parking and circulation area and that's kind of between the two buildings it'll have access to the two buildings and kind of connect them and so what we've done is we've reduced the size of the parking and access area basically cut it in half to to have an adequately sized parking and circulation area here we've rearranged the parking to provide a little bit of additional parking but but really have the parking more uh more organized and more efficient where we have perpendicular parking spaces around it we'll have a dropof area here in front of the new entryway which will be denoted by some textured pavement um and again be some some some short-term parking right right around that uh the driveway will remain in the same location off of Newport Parkway um and there'll be some some improvements here L along the property line along uh Washington Boulevard as well Additionally the project does involve some some amenity outside outside amenity improvements here along Newport Parkway on the property uh that really just uh recreational type type amend type amenities not not new pavement so just uh I will Zoom Dow we we have we have uh for the purposes of the application shown some truck turning and circulation templates through the area just to show that uh basic box trucks cly certainly regular Motor Vehicles can can easily circulate through the uh through the new access area and back out onto Newport Parkway uh no problem there and then uh we are providing some permeable pavement to help to help help the project and help meet some of the The Green Storm water requirements in city so we have permeable pavement under some of the parking spaces where I'm pointing to here also here on the east side here and then a strip along the uh the west side of the property so uh we have that there will be some uh some green roof rooftop on the proposed building that'll be described in further detail but that also helps to uh really convert an area of vehicle surface into into some green rooftop and then some some permeable pavement well we do have some regular pavement left but I think it's a I think it's a good Improvement in terms of water quality benefit from the project we did uh prepare a storm water management report did some storm water calculations to show that the amount of strong water from the site is actually less and there'll be no impact on the city's uh sewer system as well we have we have added some strong water piping to convey the water from different parts of the site uh to the existing sewer system out here to the north and west side of the property um that is it's a pretty straightforward application from an engineering standpoint uh um I think that concludes my sort of summary of the project um and and we will def I will defer any uh any additional questions to the board okay thank you Council um and correct me if I'm jumping ahead of the application here sure uh Mr nules have you read the November 22nd of 23 um traffic engineering Memo from the Department of in infrastructure and and I'll just addressed later and I and I'll just address those comments um we did have a discussion and we did meet with the uh traffic engineering department um the project is a u it's an as of right planning board project with no varant associated with it um therefore the requests for offsite improvements uh we discussed with the engineering department traffic engineering department and they agreed that um although we would collaborate potentially CL would uh the applicant would collaborate in the future as part of this application um the improvements suggested uh were no longer uh being suggested okay understood thank you um that was it for me anybody else for Mr nles all right thank you sir okay you want to do members of the public now for or wait no no let's hear your your entire panel um so our uh next up is our architect uh Mr bow dermal Boward dermal architect than you ttim tonight the truth the truth and the truth yes spell your name please first name bow b a u r last name derell d r m l derell good evening I believe we've qualified you in the past correct no you haven't you haven't okay uh if you could just go through your background a little bit in your licensing uh I'm a registered architect in the state of New Jersey okay and that license is current tonight yes okay thank you you're qualified okay thank you um Mr derell uh you um I don't know if you want to bring up your plans uh you I can help you that is that is the oh that's your plan okay all all right sorry have do you flip through the page is okay so I my my apologies help has to be helpful and uh I was I was not um okay so uh Mr Jal you uh you're the architect associated with the project correct yes okay um can you take the board through the design of the um of the one story Lobby space sure um it's a single story building about 10,400 Square ft and the height of the building is 12T interior height is about 10 ft this is a detailed layout you have two revolving doors entries you have a central Lobby um a small library on the side these are all amenities that are desperately needed and we're connecting this lobby with with existing buildings through these hallways and they are all ada8 compliant hallways with the ramp and steps the building itself is a a one-story building All Glass steel construction and um slab on grade um should I go to the roof um sure I don't know if you want to describe the type of amenities that it will be in the in the lobby space yes uh amenities as you can see on the plan we have a playroom so for kids a lounge TV area Business Center package room uh a gym and activity center and and ultimately the lobby in a many space provides connectivity between the two towers so now they exist as one correct this is an existing Tower here an existing Tower here and they're connected through the lobby with these hallways and if you want to um go to the to the green roof this is the green roof plan it's uh it's about the same size of the building itself uh it's not for Public Access it's just a green roof and just just to be clear there's no uh nobody would be walking on this surface so that it might look like there's some pathways on on the that's just DEC y okay yes um this is an elevation of single story structure North West East some details the building itself is glass storefront Mion metal and some sample material colors this is planted for the green roof and the storefront a sample of the storefront thank you thank you uh thank you and and um I will defer any questions uh the architect of the board okay thank you Council I just have one question on the green roof uh how is that accessible uh obviously there's going to be you know maintenance workers up there yes um let me go back to the floor plan the lobbies on both sides of of this building are twostory lobbies so there won't be any interior access we have to provide an exterior access to the roof which will be done once we start developing the plan further okay so it's just essentially going to be uh you mean portable extension ladder yeah so all those plantings up there right no right how do they get maintained we we provide an exterior access through stair an exterior stair that maybe just a 3 4T wide straight run um we're um to answer your question we're not we haven't gone that far into design of this this so sir let me help you out if we're not proposing access how would they access it no we we are proposing access we we will we will have it your plan does not show access right sir that is correct so right now in order to maintain it they would have to use a portable ladder or some kind of ladder to get up on a 12T roof that is correct okay but your testimony is as we further design if it's approved you're going to look to put some kind of stair correct to allow that access yes okay and and as part of the as part of the final submission of resolution compliance plans that will will be on that uh plans should should the application be approved well that be seen by the that's only seen by signes that's that's correct so the board would have no say in it at that point yeah and and certainly we'll we'll work with the you know engineer and the planning department to you know make sure that there's a safe access I think um if I understand the Architects testimony correctly it's not going to be a portable ladder there be some sort of fixed ladder to get up and off the roof for the maintenance Personnel uh again if if I don't see it it doesn't exist sure and I don't know if that would require you to come back for an amended obviously plan I don't know if it would trigger some kind of relief so uh I believe that's part of the the concern we don't know where it would be and and what it would look like so uh and my concern is also that it's secure and members of of the public don't access it understood I mean if it's not on the plan and it's not um you know the board doesn't have an aversion to extension ladders being used I mean they're it's accessible uh by maintenance Personnel I mean you know truly whether it's a a scissor lift or man lift or you know portable um it's not unheard of to to be on top of a 12-story roof without uh an actual stair access um it's really to the Comfort level of the board as to whether the any maintenance Personnel that have to go up there maintain that the top of three roof uh are safe in doing so Council I don't disagree with that we just want your client to be aware obviously if you can't just locate a staircase that is understood that would be the issue is that would probably trigger you coming back here for some kind of an amendment so right now access will have to be through some kind of a portable ladder to get up there and maintain it and then you know you can't just add it obviously for Signature set or when you're pulling a permit that would wind up having to come back here I would imagine I don't know because I don't know what it would look like but that that's that's the problem is you know without seeing it we don't know what it looks like and we obviously can't change the plans that are approved tonight versus the signature plans that I sign that that that's understood I mean the applicant will agree then to you know use whatever scissor lift or man lift type system to get any materials or uh and Personnel Up on the Roof safely okay all right anybody else any questions all right thank you thank you and um um our next witness is our planner Mr Charles height good evening and Mr height just for the record you've been sworn in tonight and still uh you're qualified and are still under oath yes duly noted thank you yes so I'll jump into it we do typically uh do a consistency review even though we're not requesting any formal deviations with applications uh the New Port Redevelopment plan act uh Redevelopment plan is very active in terms of implementation uh this board may recall about a year ago we did propose an amendment um to the Redevelopment plan that had a Zone B A boundary change um this application was actually submitted prior to that Amendment so going a little bit back in time again with this application um we did walk through all the permitted uses obviously the uh um structure is uh a common accessory use it is attached to the two towers with the covered walkway um that's one of the zoning aspects that we're actually bringing the overall property into compliance with having one principal structure on a lot um it's referenced in the ldo as a requirement so we are complying with that requirement with this application in terms of of uh of permitted uses where we are permitted residential use in the residential district in terms of density um the plan that's applicable permits 200 units per acre this application is approximately 87 units per acre so through throughout all the residential district then and now it's substantially underdeveloped in terms of overall unit count um the Open Space by virtue of the walkways and and increase in surrounding area have increased approximately 4% um on this property um but the overall uh open space on the overall re um residential district is approximately 40% where the requirements 10% again a substantial amount of open space existing um that's really the uh main points I wanted to to cover with the board um we are furthering purposes of the Redevelopment plan providing open Green Space and active uh active Park area these obviously this amenity space will provide some some areas for the residents I didn't mean to do that um but uh we are also um one of the other objectives that we cite is accommodating population growth and changing needs obviously providing additional amenity space to two large residential Towers is is a benefit in terms of of public planning um and that's the main points I wanted to bring up with our with respect to our planning review okay thank you Mr he I have no questions anybody else you have something you sound like you have something this is a new version of planning testimony for the board we uh conservative because there's a lot of changes with the Redevelopment plan so if any questions did come up I was here but we figured we just run through the overall picture even though it's a on story amenity building okay understood council is that your presentation that that is our our presentation yes okay thank you um so is there anybody here from the public that wants to comment on this application anybody from the public I move to close the public second okay motion is made in second it public is closed can um okay so planning staff asks that the applicant agree to the planning staff conditions in the memo dated November 1st of 2023 yes the applicant agrees okay super um so uh the nice part about this application that I didn't hear um was that uh it's incorporating all Native species which will be subjected to the planting guidelines of the forestry standards and um yeah it's uh it's recently uh City Council past a native species requirement in all of our uh parks that are being built so it's great to see um projects doing uh Native species um and um I learned through these landscape architecture plans that we have a New Jersey uh tea bush so there's a New Jersey tea um if anybody was curious um yeah I know I want to try some new jersey tea um but uh it meets the objectives and goals of the Redevelopment plan and um it would be a an improvement to the uh the zone and um the Landscaping in the area so planning staff recommends approval all right thank you Cam I'll entertain a motion Mr chair I'd like to make a motion to approve case p2023 0023 as presented to our board tonight second okay motion made and seced for approval Vice chair Dr Gonzalez I uh commissioner Gaden I uh councilwoman prer I uh commissioner lipsky looks great I vote I uh commissioner Dr I commissioner green I and chairman langon I motion carries all in favor with conditions thank you thank you all right let's move on to item 13 I'm sorry item 14 is case p2023 d0109 is a preliminary and final major site plan with variances for 216 Academy Street good evening chairman Commissioners Benjamin wine of prime and tuel on behalf of the applicant Academy Summit Development LLC uh as indicated before the property in question is located at 216-218 Academy Street that's block 12204 Lots 14 and 15 and we are located within Zone 4 of the journal squ 2060 Redevelopment Plan before I get into my presentation I'm going to proceed to the deis to provide Mr lampy with my notice package for chairman I receive the affidavit publication proof of mailing with respect to the application 216 218 Academy Street here in the city does appear to be in order we're going to go ahead and Mark it as A1 for purposes of the record all right thank you Council thank you Mr lampy so with that um the existing property as I indicated is both 216 and 218 Academy Street and currently it consists of a two-story Residential Building at 218 Academy and a 24 space surface parking lot at 216 Academy um everybody on this board is likely familiar with the property being that it's immediately adjacent to the courthouse uh on Summit Avenue we're seeking here this evening uh to demolish the existing site improvements and to construct a 10-story mixed use building that would consist of 60 residential dwelling units with approximately 1,812 ft of commercial retail space and approximately 9,141 Square ft of office space we're also making making use of corner lot bonus a that is applicable to the site as well as the office space bonus as well uh both of which bonuses we do comply with uh given our property size and and dimensions this project was designed as a permitted use under the Redevelopment plan and to be compliant with all of the restrictions there under that said we are seeking uh one deviation as well as two waivers the deviation as I heard Mr DVA speak to it before is simply for the bulkhead height um where again this is uh this is a constant from my understanding in Journal Square whereby they have a hard cap of 10 ft for the bulkhead height um in the entire Redevelopment plan um whereas our bulkhead height is at 19 ft which accommodates uh the elevator core going to the roof to provide to the amenity level uh as well as the stair bulkheads to be able to get to all of the Mechanicals which you'll see in detail we also do have a waiver um from the forestry standards for the number of Street trees being provided which you'll see in detail we did have correspondence with the forestry division directly uh simply indicating that uh while we required seven Street trees um between our academy and our Summit frontages we can only feasibly install four Street trees between the two frontages given the wiring and other Utilities in play as well as some grading um issues that said we did have communication and they were amenable to providing a payment in Loop for those three uh Missing trees what what I'll call them you're going to hear about the substantial side improvements that are being made and I hope you'll ultimately agree that this is a positive for the particular site as well as for the surrounding Journal Square area I do have with me this evening two witnesses I intend to call our project architect Yosef mamad and then also our trifecta in in Mr seckler who is our civil engineer traffic engineer and project planner so Mr chair unless you have any questions of me I'm happy to proceed with my first witness no go ahead Council perfect so my first witness as indicated will be Yosef mamad our project architect good evening good evening ton be the truth the whole truth the truth I am youram y o s EF last name mamed m EA M don't believe we've ever qualified you have we no it's the first time I'm a license architect in New Jersey for the past 12 years I testimon before in other locations in New Jersey and in New York okay and that license is current tonight in the state of New Jersey great thank you you're qualified all right I'll start by talking about the building it's located on the corner of Academy and Summit in uh zoning District 4 and we are applying for all the bonuses the lot size area it's 9,470 and we proposing 10 Floors Plus a small floor of amenity the building height it's 112 ft below the allowed height and we are proposing UH 60 units and I'll show you uh the presentation now so as you can see on the left side here this is the site location it's adjacent to the courthouse and the residential row here on Academy this is a super imposing the proposed development in that particular Corner we have an area view of the existing site as it is right now and two photographs that illustrate the empty lot which is currently a parking lot um what assist us to this design the building are the zoning requirements and we complied with several setbacks one of them is along Academy we have a 5ot setback from the adjacent building we also have a street widening of about uh 15 ft along Summit and everything that is under the development plan is applied to this particular development uh this is the side plan the side plan is arranged in such a way that we have a residential Lobby as well as office and Retail Lobby from Summit as well as from the academy all entrances are recessed into the building to provide proper shelter and proper access from the sidewalk I'm going to start talking about the building a little bit in details I'm going to go through several a uh flow plans but overall we have 60 units in various sizes we have a mix of uh 58% of one bedroom uh 35% of two bedrooms one three bedrooms and three uh studio apartments on ranging in sizes and in location in the building as I mentioned earlier we are developing the entire corner here uh coming from the courthouse we have the office uh Lobby which has its own independent stairs and elevator next to it we have a corner which will be occupied by a retail tenant we have a setback entrances then we approaching along Academy into the residential Lobby and Lev Lobby mailbox area and and this is how we're going to travel to the upper floors and the second floor is also offices we're going to have four spaces approximately 1600 square ft for a small small size company hopefully local companies and we have a separate elevator lob for the offices and a stairs from the third floor we starting the residential portion uh typical floor from the the third to the eighth floor are eight units per floor ranging in sizes the corner units are usually uh the larger one which are two bedrooms we emphasize on providing plenty of light and air throughout the facade on all three areas we're incorporating Juliet balconies and actual balconies in other uh where it's allowed on the Upper Floor on the ninth floor we have the setback setback of approximately seven feet on all three sides uh we have six units per floor on the setback portion uh the the larger apartments are at the corner and they all have Terraces and relationship to the outdoors on this floor on the 10 floor we have uh a similar layout but we have balconies for each individual unit above that we have a small amenity level which will have a f fitness center and a WRA around roof Terrace for all the tenants with a green roof and full of glazing pair requirement so we're going to have to enjoy all the views and that this location can offer above that we have the mechanical space there's a small bulad uh and some mechanical equipment that is required this is a rendering of the proposed design proposed design it's for a 10 story building with amenity level on the top top we emphasize to work with the grid which is which has you know two rhythms uh that you can see with the blending of the white and gray and the orange trying to emphasize on the colors that we found in the in the neighborhood in different materials which we can see a lot of you know yellow buildings and brown and red buildings as well as gray and others so everything is kind of emphasize on the building pattern uh these are technical elevations as you can see each each for each individual unit we have some kind of an outdoor indoor space we have either balconies or Juliet balconies in in every individual uh unit the material we selected are metal panels in several colors starting from gray white uh some kind of Arizona gold and copper this is the elevation facing Summit Avenue this is the elevation facing the courthouse this is the elevation facing the residential building and large elevations of the uh commercial base the retail and the offices uh we part of the design is to emphasize the entrances which have a small portal to create a street presence and to work with the city grid this is an enlarged elevation of the rooftop Terrace an idea for sage and Lobby entrance and this is the building section the only deviation we asking on this building it's pretty much the rooftop P the rooftop buad will need to have access to the mechanical space and as indicated over here okay Yosi just a couple of questions for you so specifically with respect to that uh that bulkhead that is set back um from both of the frontage as well as from the interior portions of the property correct okay and this is to allow for typical mechanical and elevator and uh and stair access to that mechanical space on the RO correct mainly for proper maintenance over the years there is equipment there are things that needs to be to get done on the roof and that's the best way to provide access okay I also wanted to ask you about a couple of things so specifically uh Mr dilva had sent uh an email to us a few days ago asking if we would be comfortable relocating the uh commercial entrance on the ground floor to the corner to kind of give that corner entrance type of look so you see no issue with doing that correct I assume you're referring to this to this wedge over here there is no issue here we can modify the entrance to accommodate that okay and then lastly if you can just jump to the uh to the seller plan for a second and just discuss what's going on in the seller all right so in the seller all the building circulation system is traveling down to the seller we have we have the elevator we have the two building cores we have the two IG stairs we have required uh bicycle parking and storage and we have all the uh utilities spaces that are coming from the building uh elevator control room and the outline is the entire site okay and then lastly uh just just to confirm I know you indicated before but um but for this bulkhead height deviation the the entire building does to your knowledge comply with the requirements of the Journal Square Redevelopment plan correct okay all right chairman I have nothing further for Mr mamad at this point okay I do have two questions um let's start with the rooftop plan actually I'm sorry three questions but let's start with the rooftop plan um there is a a railing around the top correct correct yes okay and that right up to that railing is accessible to the public right on the amenity level correct yes okay absolutely so my question is that railing and I know if commissioner Torres would here was here he would ask this question so I'm asking for him um is there a gap between the bottom of the railing and the actual roof level level where people walk I believe that this railing will be uh surface mounted to the paret wall and it will not not be visible from the outside obviously but it will not be in front of the parit it will be integrated into the wall okay so there's a parit then there's a rail Ling on top of that okay perfect that answers my question um second question is uh I saw a stucco as one of the materials can you just point out where that is it is a cement staco only on the side facade over here which is adjacent to the U residential small buildings okay and it's is that a smooth Stu out or a rough Stu out it's a smooth stocko okay uh and my last question is uh I see a single trash shoot throughout the building correct how are recyclables handled well there is a trash shoot in every floor and then there is a compactor room on the first floor and in the first floor compactor room there will be a separate beans here for recycling and garbage okay so how do those recyclables get down to that basement level or that first on the first floor it's on the first floor Ain goes with the trash shot into the equipment in the Machinery okay which usually get get organized that compactor sorts garbage and recycling no I it means that there is a person that actually goes go through that and organize it from the compactor that's what I'm familiar with never seen one like that my understanding is the TR trash just goes into the compactor it gets compacted down and it's brought out to the street correct Dr Roos well but maybe I'm getting you confused here well that that drawing right there you show what are those three squares being correct yes that's for a recycling okay so how do they how did they get taken down to the first floor is that the tenants responsibility is that Building Maintenance Building Maintenance okay and how often are they brought down I assume you know there is a super in the building uh on daytime and I believe they'll do it daily okay my concern is you know that recycling doesn't end up in that compactor and that's brought out to the street for pickup correct it's not private pickup it's pickup by the city I think that this this arrangement of uh picking up the garbage is there a city uh pickup involved or we have to do it privately that's not my area of expertise I would assume it's just put out for City pickup to to answer your question you're correct chairman and again to Mr malat's point the recycling will be separated by a super and brought down to the recycling bins okay okay just so it doesn't back up and correct you know rather than put it in the bin or call the super people just throw it in the recycling shoe or the the trash shoe okay that was it for me anybody else any questions all right thank you sir we appreciate it okay so my next and Final witness will be Matthew seckler who I would uh intend to have sworn in in three official capacities do you need a computer uh he's got his I uh Mr seckler is sworn in uh you've only been qualified as a landscape AR architect correct as a planner as a thing I don't do as landscape architect okay so what are we qualifying you as right now uh a civil engineer uh traffic engineer and professional planner would be the three uh licenses that I hold and I'd like to be qualif Okay so we've qualified you already as a planner your licens as a traffic planner and I'm sorry what was and a civil engineer those are current in the state of New Jersey tonight yes they are okay thank you you're qualified thank you you got all that Mike all right so Matt uh just to for expediency sake but also to be clear I think we should try to divide your testimony in your official capacities as you as you walk through it but if you can give the board um an explanation as to the project being proposed certainly and on the board before you is an exhibit that we prepared it's a essentially a colorized version of the Civil plan set that we have submitted this one is actually dated uh April 12th 2024 it's prepared by Stonefield engineering uh and design what you see on the uh Plan before you is a overlay of the site plan colorized showing the building in that yellowish color the vegetation including the street trees and the um green roof area is in green you could see the aerial image uh of the streets and the surrounding areas um behind the site plan itself so that's what's showing on the screen here portal I was just going to ask let Mark it as A2 Mr lampy could have that marked as A2 and is that the only colorized version that we're looking at or there more this is the only sheet okay um Council if you could provide that file via email to planning staff certainly that and again you saw the pretty pictures from the architect this is the top down approach which is not quite as pretty but we've wanted to show obviously the enhancements made to this property uh just to remind the board uh this is currently the majority of the site is currently a parking lot looks like it became a parking lot sometime in the 1970s um is that's the majority that's basically the right hand side of the page and then we do have the residential building that currently exists on the left hand side of the page but essentially you have over a 6,700 ft parking lot being re uh developed um into the proposed mixed use building that is before you and you saw from the architect's design again this is on the northwest corner of summit and Academy streets and it's block 12204 lot 14 and um and 15 uh again you've heard from the architect in terms of the uh design of the project in terms of the building itself from a civil perspective we are being mindful of all the setbacks required setbacks so in terms of the side yards rear yards front yards we are consistent with what the Zone plan allows um we are uh in taking a lot that primarily uh is motor vehicle runoff meaning rainwater is hitting the majority of the site which is pavement and going into the storm water system through an inlet that's located near the corner of Academy and Summit we are obviously changing that now having rain water hitting our clean roof uh and being piped into the storm water into our storm water system that is internal to the site itself as well as we have the green roof area which is shown in green on the plan before which is almost 300 sare ft of of green roof trays and again that's shown in green on exhibit A2 all that rain water that hits the roof for the green roof areas are then um brought down into a um holding area internal to the building I think you saw it on the uh basement or Subterranean architectural plan at that area we're able to hold over 6,000 gallons of water internal to the site and then release it obviously slowly into the system uh that's in uh at the corner of summit and Academy being a big benefit from what happens today obviously what happens today is when you get those heavy rains water is basically going right into the inlet uh on our site and then connecting immediately into the city combined sewer system so what you get is when during heavy storms backups and overloading of the city system what we are doing here is when you have those storms hitting our roof now clean rain because it's not being mixed with motor vehicle runoff areas being piped into our building holding that 6,000 gallons of water and releasing slowly over time so that's obviously a benefit when you're having new development on previous uh previous sites that did not have i' say a formal storm water management system um we are proposing the four Street trees which you see on A2 um these were uh and the species were discussed with the city Forester unfortunately we do not have the ability to to add the additional Three Trees within our Frontage do the proximity of ADA ramps the traffic signal that's at the corner that equipment as well as overhead and underground utilities um so again as Council mentioned we are in agreement in terms of paying into the tree fund um to account for the um uh uh lacking of three Street trees but we've provided as many as we can as part of this development um we are also uh based on um review letters with I believe it was planning staff are agreeable to adding some outdoor bike SP uh um um parking area we do have the internal bike parking which you heard from the architect tect uh in terms of uh in the basement level but we are looking to provide a couple public bike parking spaces uh located in the areas between the street trees um in areas that would not impede the um uh throw the the through path for pedestrians along the sidewalks um in addition we've also provided lighting plans and we are agreeable to any and I I don't believe there's actually any outstanding engineering comments related to the lighting plan that we have here and we are consistent with what's permitted with in the zone plan terms of a traffic perspective with this application uh again in um in compliance with your Redevelopment plan we are actually not providing any parking on this site uh that means no curb cuts on this property which again is definitely an enhancement from the city's point of view or at least I'm seeing from a city's point of view from a traffic perspective again taking away surface motor vehicle parking lots with driveways and areas in the Journal Square Redevelopment plan is actually consistent with what the goals are in fact having an off-site um parking lot which is in operation now is a non-conforming use that we are obviously making conforming being before the planning board um the um the this is an area that obviously is within walking distance of the general Square PATH station and there are also 10 other bus lines that are located within about a quarter mile of the site so this is a site that is well suited for this density this mix of use from a traffic perspective and again helps promote development that does not is not relying on Motor Vehicle uh usage which again is a goal of the Redevelopment plan terms of a planning perspective again looking at this property uh we are taking a you know obviously the the uh residential dwelling on the site um is a permitted use but the uh parking lot which is the majority of the larger lot um is not permitted use we are obviously taking that out of commission adding this development which you heard from the architect meets the density meets the height meets the setbacks meets the height with the exception of the um the uh the bulkhead area that's being used for Mechanicals um and so therefore we do believe this is an application that is generally or is consistent with the Redevelopment plan objectives I quickly read a few that I've found uh we are advancing as part of this project it includes promoting the pattern of mixed use and multi-use development this having retail uh residential and office space does promote mixed use development which again uh provides that balance of jobs to housing which you're looking for within the Journal Square Redevelopment area we are also making walking and biking easy safe desirable and a convenient mode mode of Transport by adding residential units and office areas uh that are not ryant on parking uh spaces and and motor vehicle use we are reducing automo automobile dependency by encouraging High develop uh high density and close proximity to mass transit obviously being Advanced as part of this project we are promoting the principles of smart growth and Transit Village development we are coordinating Redevelopment activities that are coordinated and I'm saying uh removing obsolete I'm going to say structures but really obsolete uses within the Zone because again parking lots are not not consistent with what the Redevelopment plan is seeking for uh this area of the zone four area of the um Journal Square 2060 plan in addition we are maximizing roof rooftop open spaces for recreation and Andor green roofs was another goal which again we've shown that are adding uh obviously recreational space in our Upper Floor areas as well as obviously the green roof on the property itself on the building itself so overall I do believe we're advancing a number of the goals within the Redevelopment plan I believe we're advancing the ml through purpose a general health safety and Welfare through purpose I and H visual environment as well as free flow of traffic and we are obviously also um as part of this project um seeking one deviation which is that again I don't see any negative impact as it relates to the height that height is solely because of the mechanical space uh and mechanical equipment that's necessary to support this development again I've heard a number of applications here seems like a little bit of an inconsistency for getting us to this story and this height for the use of the building but still needing to maintain and have equipment at that highest um uh elevation and then obviously the the um one uh waiver related to the forestry uh standards for having seven Street trees where three are are or four are being proposed so overall I do believe this is an application that can be granted I think it is actually consistent and is exactly what is uh looked at within the Journal Square 2060 plan as the right type of development for a property such as this thank you Matt I appreciate it so chairman I have nothing further for this witness okay thank you Council um yeah I have no questions for Mr seckler anybody else no okay thanks you sir thank you that's your presentation Council Mr chairman that concludes my presentation I'd certainly like to reserve the right to sum up to the extent that that is ultimately deemed necessary of course okay thank you so at this time let's open it up for public comment is anybody here from the public that wants to comment on this application Mr chair seeing no public I move to close second okay motion is made and seconded public is closed Council closing statement uh chairman I just I'll keep it brief but I want to thank the board for the opportunity to hear this application um on behalf of the development team I know my clients are extremely excited about this development it's taken a lot of uh work on the back end to develop um a unique property that has uh you know that is ultimately entirely consistent with the Redevelopment plan but for that bulkhead deviation um as I said they're very excited to bring this forward uh I want to thank planning staff for working with with us so diligently and uh I would respectfully request that the application be granted as presented okay thank you Council and with the stipulations to comply with the uh with the city planning recommendations excellent thank you uh Matt anything um yes um so planning staff provided a memo dated 49 2024 to the planning board Commissioners as well as the applicant um within that memo there are seven conditions proposed um does the applicant agree to abide by those conditions yes we do excellent um I would also like to point out um since this was a late arrival um dated April 16th 2024 today and it is on the portal um but if for um consistency's sake just to due diligence if we want to mark this in his evidence um it's a memo from lichan Wang who is the a city staff engineer from in the division of engineering um and there um let's mark it as B1 B1 got it thank you Santa um in that memo um she asks that um for the purposes of trash disposal that the application comply with the division of Sanitation regulations um believe chairman Langston had some questions about that and I just to make sure all of our bases are covered staff would also like to recommend a final condition um that um the development comply with all sanitation division of Sanitation regulations and guidance and to um submit revisions in the signature plans to planning staff if necessary absolutely and I should have asked Mr Sackler this but I can confirm for the record that I did discuss it with Mr sackler's office and we can comply with uh the entirety of Miss Wang's letter as well excellent okay if you could just give us a second to review that I didn't see this was up today unfortunately planning isn't my full-time job so I don't review anything to day of okay I don't see anything that's that's out of the ordinary Matthew can care there's nothing out of the concur um um these are all standard conditions mainly about compliance with um City standard engineering standards okay and item nine Academy Street and Summit AV will be mil miled and paved curb to curb for the entire Street length in front of the subject site including the intersection with keyways yes that is correct yes we will comply okay all right thank you okay Mr Jo like to make a motion at this time to approve case P2 023 d0109 that's presented to our board tonight second okay motion is made and seconded for approval Vice chair Dr Gonzalez um I see no detriment to Zone plan Redevelopment plan or master plan I like the plan your deviation is that you're seeking is is understandable I vote I commissioner lipsky I commissioner Dr Desai I commissioner green I commissioner gedon I commissioner councilwoman Prince Ary um quickly because this is my first meeting so I apologize if I'm a little out of turn or a little slow to jump into something I just in going through the engineering recommendations they mentioned the tree pits is to 4 by 12 with the 2018 forestry standards however we have new forestry standards to 2023 so I would just ask that that be amended to follow the 2023 standards and not the 2018 standards not knowing what those are off by I'll defer to Mr DVA if he feels that they would not impede our ability to provide bike racks which was recommended by your transportation planner then I see no reason we can't comply with that I just I don't want inter agencies to start running a foul of each other no and that's actually why I'm I'm raising the question because I see in when it's the forestry stands in here it's 2018 so I just I just want Clarity on that um certainly I um do not know the forestry the difference between the 2018 and 2023 forestry standards on the top of my head but um I believe we can clarify that all current standards which would include the 2023 standards um would comply and if there is if a conflict arises between the bike racks and the tree pits that um the applicant will work with staff for an appropriate solution sure yep no problem at all right thank you and again apologize if I'm slightly out of turn here no thank you um Santa do we have to start a new vote since we just changed the condition I think we do I like to make a motion uh to approve case p2023 0109 as presented to the board with a new condition second okay motion made and seconded again for approval Vice chair Dr Gonzalez I uh commissioner lipsky so just to the councilwoman's point is if that's a uh Council uh ordinance Amendment then that certainly would supersede any recommendation by and you get it I commissioner Dr Desai I commissioner green thank you councilwoman I commissioner gangadin I commissioner councilwoman Prince Ary I and chair Langston um I I think M we're GNA have a am I we're no we're going to have fist fist the Cuffs over bike versus TR here um okay um coordinates I think it's uh I think it's a good project it's uh bringing the site into uh conforming use uh there's no detriment to the Zone plan Redevelopment plan or master plan and um I vote I excellent motion carries 70 okay thank you very much everybody thank you coun all let's move on to item 15 is case p2023 d007 72 is a conditional use for 840 commun AV that one good evening chairman members of the board good evening counc City professionals uh my name is Ben lindaman I'm appearing on behalf of my colleague uh Joseph paparo from porio Bromberg and Newman in Marist toown on behalf of our client um vt420 LLC we have we will be hearing a testimony from one um person tonight and that is the um Project's architect uh the applicant is also here if there's any questions um and so is the um security director for the applicant um so we're here to request conditional use approval um where we believe all conditions are met uh for a class 5 cannabis retailer at an existing ground floor retail space with Associated signage in the commercial automotive Zone um New Jersey city ordinance 345-6500 24 uh and prepared to provide testimony um that all you know as I said all conditions were met um you will hear testimony from our the applicant architect ronal Ronald Elkins who's standing to my right um who will take you through the floor plan some operational details about the application council do you have the notice yes I do okay chairman I had reviewed the electronic notice but obviously now that we're back in person I am able to collect the original hard copies chairman this does appear to be the one that I was able to review electronically it all did appear to be in order so we're going to go ahead and Mark that as A1 for purposes of the record uh Council I don't know if you're 41 42 or 62 of retail cannabis is before this body so uh we've heard a lot of them uh if we could just get into you know the conditional uses if if it's all compliant uh chairman I don't know uh I was looking on the portal we've already been to the Cannabis board correct we have their resolution so all the kind of stuff that you do with the cannabis board we don't really get into here so thank you very much yeah we're strictly on the the zoning the conditional uses and as I said we reviewed the memo from the planner and our architect will provide testimony that supports that the conditionals uses are met okay conditions sorry thank you excent I do uh State U name is uh Ronald Elkin r o n a d Elkin eel k i ns I go by Ron and I'm licensed in New Jersey and my license is in good standing great thank you Mr alkins you're qualified excellent thank you um so basically I'll just run through the plans very quickly um you know like you said there have been a number of uh cannabis dispensaries already in front of the board um we have presented many of them as well I I don't know how many at this point at least eight or 10 um this is uh the a one-story building on the cor three story building sorry one story commercial space three story building total second and third floors of the building are residential first floor is commercial currently used as a convenience store so similar retail use um basically the intention is to um do very little demolition within the space you know a couple of walls are coming down mostly finishes um or the bulk of the the demolition there is a small parking area behind the building dedicated to the tenant the residential tenants above this plan I have redacted the um security plan I do have hard copies of that I think it's also been uploaded in the portal um basically we have an entrance you know the existing entrance is going to remain at the south of the property um through a a vestule which you know does double duty as a a man lock as well as a um for air conditioning and and heating and cooling uh identification check for customers at this desk once customers have been verified to be um in the space oops sorry uh verified to be in the space then there's a a small retail area and a cash register counter with three cash registers here ATM as well as self-served kiosks in the front the rest of the space is Staff only um highly restricted access between the uh the bud tenders the the cashiers back here the Fulfillment area which is an extension of the Vault essentially um the actual Vault itself to to store and and uh preserve all of the the Cannabis products you know off hours and just keep them secure um with reinforced um all six sides of that room will be reinforced floor ceiling all four walls will be reinforced from um secure you know to to avoid access to that room the deliveries will be maintained from the rear of the rear existing door of the property um you know through this Corridor back into the the Vault itself uh we are intending on staging the any uh waste that happens in the the facility inside the space and then being delivered out for um uh licensed haulers at scheduled pickup times so there will be no outs or outdoor storage of cannabis waste there's also a small quarantine room let me see if I can zoom in here a quarantine room here for any products that have expired or have uh gone off um and are unsellable so that's um locked storage here all of these doors are essentially um electronically secured AC just is our notice for um access control so key fob passcode um anything like that will be will we stored there or will be you know um used for Access and then also not only access but for um uh maintaining records of who comes and goes even so even though the restroom isn't required to have um Access Control it's always a good idea to see you know for security to make sure we know you know who's coming and going throughout the property and then um once a customer has their has had their order fulfilled they'll just leave through the fr the same front door the exterior of the property will M remain largely unchanged I think we are adding uh well let me start over the finishes basically are remaining unchanged the only things that are changing are the the face of the non-conforming signage um the frames are staying they're already illuminated all we're changing are the the graphics on those panels the materials will stay as they are which is uh vinyl sighting above and a stucco at the ground floor level we are adding a few uh additional security lights as well as security cameras throughout the uh exterior and I believe that is all let me double check this um there was a question about noise um this property will not have a generator as for the um the equipment backup basically that'll just be provided by internal batteries um within the equipment itself and rear yard work and access basically the the rear yard is remaining unchanged and is only for um uh use of the residential apartments above Ron could you uh is there anything um for odor mitigation odor mitigation sorry that's a very good point um we are going to maintain the existing heating and cooling system but we are adding additional exhaust systems which um any exhaust system that is uh installed in the space whether it's existing or new will have carbon trol ation on that thank you I believe that's the extent of the direct testimony there's okay thank you Council um Mr Elkins I saw an air conditioning unit on the front of the building that's being that'll be removed yes that's removed okay see yes this this basically window unit right here will be will be removed and will be in filling that that opening there okay and is there a signage plan yet there is not a signage plan right now but um but the intention is basically to just remove the the plastic um panels from these these uh signage frames and just replace them with new graphics okay and also the one on top the the blade sign here yes M Francisco is that compliant the blade Sign Plus the sign so because it's non-conforming and all they're doing is just replacing the images it is will allow it and they're also in the um they're using the previous Zone which was HC UHA CA okay okay um yeah understood and thank you you took my older mitigation question thank you I appreciate that um yeah that's it for me anybody else any questions no we'll I'll call public in a second that's for the board I'm sorry um okay thank you Mr Elkins appreciate it Council that's your presentation correct thank you okay and we generally don't want security testimony you know we don't like that information to be public uh just that we know there is a security system that's good enough for us great we leave it up to the experts there so um so if that's your presentation I'll open it up for a public comment thank you okay so is there anybody here from the public that wants to come up please come on up itim tonight truth the truth and nothing truth yes name and give us your home address please uh my name is Shan Joel uh I'm the owner of uh 10 oring Avenue uh I'm the first house I'm right next to this 840 Community po you spell your name for me s h a n z h o u thank good evening ma'am we have three minutes for you okay good evening thank you uh ladies and gentlemen thank you for the opportunity that I can speak to you tonight um I want to express my deep op opposition to sorry what's this to the propose the opening of cannabis store because because it's right next to our residential home uh I understand that 8:40 is in commercial Zone but uh it's sitting on the corner of the community uh oring Avenue and it's right connected to us we're like 20 ft from it uh I I know that Community Port they they won't have enough parking so they most people will park into our street uh when they visit them uh our street is already very very congested in parking because we have big apartment building so ourself is not enough uh so if this H will happen then I think my driveway will be frequently blocked by people I I won't be able to go in and out um freely um second uh is the second we think um if the if the cannabis store is open here then uh obviously there will be more people uh standing around uh using the drug in the street and uh more Ling loitering around the uh store uh I think um especially late late into the night it will POS a threat to the security safety for our neighbors our neighborhood um and this uh our Tranquility of our neighborhood will be broken and uh we should not have to live in the fair of our streets becoming hot spots for illicit activities uh beside the safety problem uh this if I see people uh using drug around our street because they Park they walking around what is the message sending to our children we don't want to uh expose our young people young kids to such influences especially in their formative years the next concern is the smell uh the strong smell emanating from the store will not only be a nuisance to our resident but also a health concern [Music] you know we enjoy our it's it's like a secondhand smoke I don't I'm trying to be healthy I eat vegetables I exercise eat fish oil and everything and now this is like you have to smell this all the time from the store from the people doing this around our street if I open my window it's a nice place I like my neighborhood I don't want to open the window and smell this all the time so I think the problem is it's just too close to us I know theoretically it's commercial though but it's really right next to me you see if that's the store I'm right here um so I hope if it's uh if you can place it in somewhere Pure commercial so they don't like like right next to us and uh that was that was your 3 minutes ma'am that was your three minutes okay thank you we appre appreciate your time thank you for consideration thank you okay is there anybody else from public that wants to comment on this application anybody else from public chair c more from public I would like to close the public portion second okay motion is made and seconded public is closed uh Francisco do you want to add anything yes so I will be very brief I did mention at the time of the submission the retailer was in a commercial automotive Zone however after the zoning changed in November the zone is now residential commercial 2 um the applicant received approvals from the Cannabis control board on April 10th uh they are separated from uh schools more than 200 ft there are no other cannabis dispensaries nearby and there is a map in my memo that is also posted on the data portal as well as staff is in receipt of all required submittals and they're also posted on the data portal um does the applicant I wasn't too sure if the applicant agreed to the conditions listed on the report I didn't hear oh from the from your memo yeah yes I also did want to add one more condition which was um at the time before you submit to zoning uh for the signage if you can submit it to planning staff for review planning staff for review at at the time of for the signage itself just to see what the sign looks like before it gets the final approval yep I'll make a note of that before that'll be before signature sets yes that's correct okay thank you um lastly staff does recommend approval with conditions chair I like to make a motion to approve case p2023 d72 is presented to the board this evening foral okay motion is made and seconded for approval okay uh Vice chair Dr Gonzalez abstain commissioner lipsky I commissioner Dr Desai I commissioner green abstain commissioner Gaden I good luck uh commissioner councilwoman Prince Ary I and chairman linkston I so we have five in favor and two abstentions okay thank you everybody all right let's move on to item 16 is case p2023 d75 is a preliminary and final major site plan for 197 Palisade Avenue the risk of sounding repetitive good evening again chairman Commissioners Benjamin wine of Prim and toel on behalf of the applicant 197 Palisade Avenue LLC uh just before I get started similar to the last couple of times I will present Mr [Laughter] lampy we gonna have a chair here for you feast or famine good problem to have that's funny chairman received the Affidavit of publication proof of mailing for 197 Palisade a here in the city it does appear to be in order we going mark it as A1 for purposes of the record all right thank you Council thank you Council so just a brief background on this particular application as indicated we are here seeking preliminary and final major site plan approval for the property located at 197 Palisade Avenue and that is block 5902 lot 20 uh the property is located in the rc2 zoning district and we are also making use of the affordable housing overlay which will be discussed uh in detail by our project architect the property currently does consist of a vacant lot and this neighborhood is surrounded largely by residential uses as well with a couple of commercial and mixed uses in the in the general uh neighborhood we are proposing as I said preliminary and final major site plan approval we're seeking to construct a new five-story mixed use building that will consist of 16 residential units and approximately 760 Square ft of ground floor commercial space of those 16 units as I indicated before that we are making use of the affordable housing overlay two of the 16 which is uh just slightly over 10% it's approximately 15% will be designated as affordable housing and deed as such we have confirmed with the division of affordable housing what that unit mix will look like specifically it will be the three-bedroom unit in the building which is the only three-bedroom unit will be an affordable unit as well as one of the one-bedroom units as well this application is free of any variances deviations or waivers it's entirely compliant with your zoning ordinance or Land Development ordinance as I should say and uh and as well this evening with me I have two witnesses um I do intend to call our project architect Russell Bodner to speak to the majority of the application I do also have the project engineer sha Delaney present in case there are any questions that Mr Bodner cannot address in his testimony so as I said before unless you have any questions of me I'm happy to proceed with Mr Bodner okay thank you Council yes tonight GNA be the truth the whole truth and nothing but the truth yes I do name yes my name is Russell last name is Bodner bod n AR I reside at 52 Long Hill Road in Long Valley New Jersey I've been a licensed architect for a number of years um and been to this board many many times already um and um my license is a good stand okay thank you Mr bner good to see you and uh you're qualified all right so going to little old school I didn't know your technology working so good so um as as we said earlier we're um completely compliant we have no variances uh the building has 16 residential units we're allowed 11 according to what we're allowed just as of right so we're doing the overlay we're going to be providing two low-income uh units uh one of them being a three-bedroom and that's located on the on the lower level I'll show you in a moment and and a one-bedroom as well on an upper level which will be um according to what um the low-income people decide which unit they're they're going to take so um as you can see um we have six uh one bedrooms uh the six one bedrooms consist of 682 ft to 702 sare ft and we have uh one two-bedroom that's 1,88 squ ft 7 two bedrooms plus studies 1100 1137 ft to [Music] 82 ft two three-bedroom units uh one being 1,61 ft and another one being 1882 S ft and um 760 squ ft of commercial space let me jump to the plans is that one yeah I need that one thank you um as you can see here we're on located on Palisades Avenue 197 Palisades Avenue uh pretty much right across from this area near the hospital there so directly a little adjacent to the hospital down the road as you can see from our front elevation I just showed you a moment ago the rendering but as you can see we're looking to do a fivestory building the top story is set back 10 ft that's required by The Zone we're in the again we're in the R2 Zone we're required R rc2 and we're required uh we have no variances so let me jump to the next page as you can see here on P sheet zn2 our first floor consists of the commercial space 760 square feet we have uh two units located directly behind that that space we have a three-bedroom unit that we're going to be um that'll be our uh low-income housing unit and it has a nice actually access to the rear yard with a rear patio adjacent to that is a two-bedroom uh 1,85 square foot um unit and we also have a building gym in the front a lounge and we have nine bike parking spaces on the right hand side with our mail and our gas meter room adjacent to that as well we have a trash pickup trash room on on the one location on the left hand side sprinkler and electric room as well uh all the second through basically second through fourth floor primarily the same we have two uh one-bedroom units located in the back again 682 ft uh 700 ft in the rear those have um Terraces on the second floor level and then the upper levels they have um balcony areas in the front of the building we have a two two bedrooms in the front of the building and they both have uh two-bedroom studies so those have 11 that's 1199 ft on the on the left hand side and 1137 Square ft so [Applause] again go to the following sheet as you can see basically our typical floor third and fourth are basically the same as our second floor those have to two one bedrooms again in the the back two two bedrooms in the front um when we get to our fifth floor this is where we have that actual setback there's a nice little Terrace area along that whole front that's a beautiful three-bedroom uh unit we're trying to promote like families um more larger units here so that actually has a nice direct access view to the uh to the city from there on on the upper on that upper level you'll be able to see nice beautiful views of the city and behind that you have a nice two-bedroom plus study a very large 1382 Square ft unit so basically there's only two units on that floor so it makes it like a whole penous feeling and that has a nice beautiful balcony on the back that's uh 26x 5 ft as we get to the upper level the top floor which is basically the roof we do have a little AIS area for the roof we have an elevator area that brings us up with a little elevator vestibule area that's connected to one of the staircases we have 530 ft of roof uh area in the front that's actually located um 10 ft from the roof so we're required to have 10 ft from the front parit to our roof deck so in front of that 10 in that 10ft area we're putting we're putting green Roofing 33 ft there our total square footage for green Roofing is 990 Square ft so that's what we're um we're providing we also do have a entire storm water management system that's located in our rear yard um we can go into that if you want later uh the engineer can if you if you request we are providing uh an ample amount of water storage on our on our lot and right now it's a vacant lot so we're trying to bring and trying to make sure we comply with any kind of storm water runoff [Applause] sorry about this gu um basically here we have the elevations of the front and rear of the building as you can see in the front of the building we have that brick and we have um metal panels and I can go into that a little bit more when I show the rendering in the back of the building we're basically doing a series of um it's actually uh Hardy plank panels Hardy plank siding uh they're going to be all it's like a cement board siding and that's going to be in these other colors here we have a we have a gray color an evening blue and and then on the top here these other areas here are going to be more of the cream color at the top bulkhead so this way they kind of vanish a little bit further into the back when we have the darker and we actually have some lighter colors on the on the side of the building as well and as you can see here we go to ZN ZN 5 you can see on the side we have some uh stucco only at the location of the stucco light colored suco very uh smooth finish just at the locations of the stairwells so we felt like we wanted to bring in some extra materials not just to have just one basic material so we wanted to bring in that feel as well as a cement board siding that infills that location and we have a series of small Windows just on the side that are just ins set in they're like 3 foot one from the property line um one of our sides on our left- hand side we do have a building adjacent to us and we are providing 3 foot one from any location of their build their windows on that property line so as you can see here let's go back back to the to the rendering I got it here as you can see here from the rendering we are providing a we're we're proposing a beautiful um brick and uh metal clad building uh as you can see our our Windows themselves are all um black metal as well as our panels that are infilled we're doing a whole uh brick uh basically peered type style building with uh little bit of lime Limestone accents throughout the building and a nice dark cornice black corness and our and our um our setback is actually going to be all in a metal cladding with uh black windows and a black metal cladding that set back about 10 ft so in reality when you're down on the ground floor you'll never see that we had actually another rendering done earlier and the other rendering um you couldn't see you actually couldn't even see from the theow lower perspective that actual setback whatsoever so I told the GU to actually bring up the height so your actually eye levels really here so you can actually see that there is actually a setback in the building and Russ just to confirm before you go any further uh because I don't know that this was submitted but it is just a blown up version of the rendering shown on your cover page yes that's correct okay so Council I don't know if you want to mark it separately might as well Mark it let's mark it yeah 82 Kar is A2 uh you could submit digitally just the separate right sorry Russ you can continue yeah um basically that's really the the the um the application itself as you can see from the lower level our entrance to our main building is on the right hand side our emergency erress is on the left and we have the entrance to the commercial on on the left as well so you'll be able to go into the commercial and um and you have that nice little 760 foot commercial space that could be used for a nice little spot in the neighborhood there is some neighborhood commercial so we felt like it would be nice to have that commercial and it's nice to have the rear AIS for the board I mean for the um rear AIS yard for the two lower apartment units we really felt that was a nice uh a nice thing to do and like like we said earlier 16 units 11 are allowed we're going for the overlay and we're providing two low-income housing units a nice three-bedroom and a nice one-bedroom where they had decided where they want to put in okay and Russ just to confirm I know that uh you you touched on the storm water management again we can have Mr Delaney speak to it if the board wants more details about the technical aspects but is your understanding that it would be located in the rear of the property and it will be a detention system that would detain water and then pipe that out into the city system yes there'll be a whole detention system that's located in the rear of the property there actually the rear of the property has nice um yard where 15 ft from the property line and that there's going to be an underground detention system there that brings our roof leaders into it and remember we are doing 990 Square ft of green Roofing on a roof as well so we're actually I think we're actually providing more than what be required in terms of the what the city requirements were okay and then last question for you just to confirm those affordable units I believe it's one low income and one moderate income per the division of affordable housing requirements they will be constructed to the exact same specs as all of the market rate units in the building yes they will okay so other than having being deed restricted um nobody would be able to tell that those are the affordable housing units no like I said earlier we are one of our the three-bedroom unit actually has a very nice rear access to the um to the to the um have a whole exra whole yard in the rear so that makes a very nice unit as a three-bedroom and one of and the one-bedrooms again all the one-bedrooms have actually a little Terrace deck area so you wouldn't know they're all very similar between eight 682 squ feet to 702 so depending on which one the the you know Jersey City the size they want they're basically getting one of these same exact unit somebody else would be getting okay all right chairman that uh concludes my direct examination of Mr Bodner okay thank you Council you stole my thunder there with that question us I knew it was coming um uh the only question I have for Mr Bodner is uh the metal panels on the front of the building those are solid metal panels they're not PTAC units no these are these are all these are all solid panels in there and they're actually like um they actually have like some decorative material in there we don't all the HVAC is actually like forced air systems okay so there's no there's no there's no venting grills or anything okay that's my only question uh anybody else no okay thank you Mr bner we appreciate it so chairman I would turn it over to the board just to see if you request any specific testimony regarding the storm water management from our engineer otherwise that would conclude my presentation chairman I don't know that it's necessary if any member of the board wants to hear it we can reserve the right to present it should it become necessary uh but I think it's pretty straightforward will'll be built to standard and comply with all the regulation requirements so it's up to the board as always chairman yeah if um you know if anybody feels the need speak up we're good no even if it's after public testimony whenever all right so with that uh that would conclude my presentation and I would respectfully request the right to uh to sum up if deem necessary okay thank you counil so at this time let's open it up for public comment is anybody here from the public that wants to comment on this application Mr chair I mov to close the public I moved to close the public second looking to see who's here um I can't see what the okay uh so uh motion was made and seconded public is closed um genen Ru this is yours anything you want to add um yeah I would just ask if the applicant has review a staff report and if they agree on those conditions on the record that is correct yes we do and with staff recommend approval with conditions okay thank you Mr chair I'd like to make a motion to approve case p2023 d75 is presented to our board tonight second okay motion is made and seconded for approval um Vice chair Dr Galos I commissioner lsky yeah we don't see so much of this type of development you reference Christ Hospital which is on the east side of Palisade and so I think you know a few blocks south a couple block south of the hospital on the other fronting and the design is quite well even if it's old school it looked well so I wrote I commissioner Dr Desai a very good plan near the hospital that's one plus point I would say I commissioner green uh I commissioner gangen yeah I just want to comment on the two affordable units very very good very compliment to the project um great addition to the neighborhood as well I councilwoman Prince Erry I chairman linston I motion car s fav okay thank you everybody thank you Mr wine we'll see everybody in a couple of weeks okay uh that's it guys let's move on to memorialization of resolutions please okay Mr chair I'd like to make a motion to Memorial ize the following resolutions I have five today first resolution of the city of Jersey City Planning applicant is the Kesler Institute for rehabilitation amendments to the Exchange Place North Redevelopment plan case number p2024 0059 second resolution is the resolution of the planning board of the city of Jersey City applicant the number spot Incorporated for a um conditional use approval at 539 Martin Luther King Jr Drive Jersey City New Jersey 0730 2 block 18503 lot 9 case number P 20 23- 0108 third resolution of the planning board of the city of Jersey City applicants Emerson Leasing Company 3 for amended final major s plan approval at 316 15 Street formerly known as a portion of 2392599003 L 3.04 case number p2023 00074 fourth resol resolution of the city of Jersey City is uh um the applicant is kids realy uh Company Incorporated amendments to the Greenville industrial Redevelopment plan case number p2023 D 0061 and the final fifth resolution is the planning board of the city of Jersey City applicant is Jersey City Herby Tower 2 LLC for administrative Amendment approval 185 195 25- Hudson Street Jersey City New Jersey block 11603 Lots 283 3104 and 3105 case number p2023 d97 second okay we have a motion in a second could we have a roll call please Vice chair Dr Gonzalez hi commissioner Gaden hi councilwoman mayor prery hi commissioner lipsky I commissioner Dr Sai I commissioner green I and chairman lexon motion carries all in favor to memorialize resolutions all right bring it up here please we'll take a look let me say it yep might have been for tunnel was it for tunnel F that's weird they noticed them properly where are you on F Avenue no I'm okay behind building 27 to 29 yeah that'se yeah so that was on the agenda as carried yeah that's that's under have you sat here the whole evening we're off the Record Mike