Planning Board

PLANNING BOARD CITY OF BAYONNE MINUTES OF MEETING MARCH 12, 2024 A regular meeting of the City of Bayonne Planning Board was held on Tuesday, March 12, 2024 in the Dorothy E. Harrington Municipal Council Chambers, 630 Avenue C, Bayonne, New Jersey. Commissioner Maiorano called the meeting to order at 6:06 p.m. and led all in the Pledge of Allegiance to the Flag. Commissioner Maiorano advised that the Board has complied with the Open Public Meetings Act/Sunshine Law. Secretary Becker called the roll. Present at the time of roll call were Secretary Becker, Commissioners Booker, Maiorano, Beiro and Lach. Mayor Davis, Chairperson Fiermonte Commissioners Valado, Veloz and Lawandy were not present. Also present were Richard N. Campisano, Esq., Board Counsel, Andrew Raichle, City Engineer, Brian Slaugh, PP, AICP consulting City Planner, Suzanne Mack, PP, AICP City Planner, and Alicia Losonczy, Planning/Zoning Board of Adjustment Administrator. Mr. Campisano requested a vote be taken to request an Acting Chair be appointed this evening since Chairperson Fiermonte is not present. Commissioner Becker made a motion to recommend Commissioner Maiorano be Acting Chair for this meeting and Commissioner Booker seconded the motion. A unanimous vote of the members present followed. Planning Board Minutes March 12, 2024 Regular Meeting Page 2 Adoption of Minutes: Commissioner Becker made a motion to adopt the minutes of the regular meeting held on February 6, 2024. Commissioner Booker seconded the motion. A unanimous vote of eligible members followed. Communications: • P-22-028 – Communication from Michael Miceli, Esq. dated February 29, 2024 requesting the application for 745-747 BROADWAY, LLC – Site: 745-747 Broadway; Block 139, Lots 18 and 19 be withdrawn • P-19-033 – Communication from Anthony Suarez dated December 21, 2023 requesting an extension for 211-217 BROADWAY, LLC – 211-217 Broadway; Block 305, Lot 20 up to and including January 31, 2025 o Commissioner Becker made the motion to approve the extension up to and including January 31, 2025 and after Commissioner Booker seconded the motion, a unanimous vote followed. • P-23-017 – Communication from Donal Pepe, Esq. dated March 12, 2024 requesting the application for MAHALAXMI BAYONNE URBAN RENEWAL, LLC – Site: One Flagship Street; Block 751, Lots 1.11, 1.14, and 1.15 be carried until the June 11, 2024 regular meeting with no further notice on the part of the applicant o Commissioner Becker made the motion to carry this application to the regular meeting scheduled for June 11, 2024 with no further notice on the part of the applicant. Commissioner Booker seconded the motion and a unanimous vote followed. • P-23-030 – Communication from Paul Weeks, Esq. dated March 12, 2024 requesting the application for ZARA REALTY, LLC (MOHAMMAD CHAUDHRY) 7 West 8th Street –; Block 283, Lot 23.01 be carried to the next regular meeting scheduled for Tuesday, April 9, 2024 with notice required on the part of the applicant o Commissioner Becker made the motion to carry this application to the next regular meeting scheduled for April 9, 2024 with notice required on the part of the applicant. Commissioner Booker seconded the motion and a unanimous vote followed. Item VI. - Public Hearing: P-23-006 - Presentation of a Redevelopment Plan for property located at 455-461 Avenue C in City Block 219, Lot 24.01 as shown on the official Tax Map of the City of Bayonne pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 Et seq. (former Laundromat) Planning Board Minutes March 12, 2024 Regular Meeting Page 3 Consulting City Planner Brian Slaugh, PP, AICP provided expert testimony about this Redevelopment Plan. Mr. Slaugh advised the permitted uses, streetscape standards and intent with this plan for the almost half acre parcel. Mr. Slaugh explained to the Commissioners that his memorandum dated March 11, 2024 to the Planning Board was to serve as an addendum to explain modifications discussed with the applicant. Board questions: There were no questions from the Board. Resident questions: There were no questions from the audience. Board/Resident Statements: There were no statements from the Board or audience. Commissioner Becker made a motion to forward the Board’s recommendation on the adoption of the Redevelopment Plan and Commissioner Booker seconded the motion. A unanimous vote followed. The following vote to approve the Redevelopment Plan was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [X] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [X] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [X] [ ] [ ] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) Planning Board Minutes March 12, 2024 Regular Meeting Page 4 Public Hearing (Item IX): P-24-002 – BAYONNE ENERGY CENTER URBAN RENEWAL III, LLC – Site: Hook Road; Block 419, Lot 1 [The applicant is seeking preliminary and final major site plan approval, variance relief and a minor subdivision to construct a battery energy storage facility, along with ancillary improvements, which will include a step-up transformer that will tie into the existing power generation facility located on the BEC II lot. Also proposed is construction and installation of ancillary equipment and fixtures on the BEC II lot.] Lisa A. John-Basta, Esq., the attorney for the applicant, offered her exhibits into evidence and called her first witness. She pointed out that this proposal is in compliance with the Redevelopment Plan which was approved in 2003 except for one variance which will be discussed. Witness #1: Shawn Picard, Vice President of Tiger Genco, was accepted as a witness and sworn in. He testified to his involvement with the company since he joined them in 2011. Mr. Picard discussed the expansion of the existing facility starting from Bayonne Energy Center I and II. He advised that Tiger Genco leases land from IMTT for this third portion of the Bayonne Energy Center operation which provides the ability to store energy during a period of low demand and discharge during a period of high demand. Mr. Picard described this project as a vital component to the area where sixteen full-time employees are required and no additional would be needed as a result of this application. Board questions: Ms. Mack advised Mr. Picard that a non-residential fee is required for this property. Resident questions: There were no questions from the general public. Planning Board Minutes March 12, 2024 Regular Meeting Page 5 Witness #2: Cragi Herman, an Engineer licensed in the State of New Jersey, was accepted as an expert witness and sworn in. He testified to the nearly seventeen-acre total property and that the 1.26-acre lot dedicated for BEC III will be an expansion of the existing facility. Mr. Herman explained that this proposal was developed in accordance with the Redevelopment Plan for this site. He pointed out that the site is very industrial in nature and access is gained from Hook Road. Mr. Herman commented that Bayonne Energy Centers I, II, and III will act as a single facility. Mr. Herman entered new exhibits A-25 and A-26 to discuss the proposal, including a ten-foot-high fence with barbed wire. He concluded that the same loop driveway will be used for access. Board questions: Andy Raichle, PE questioned Mr. Herman. Resident questions: There were no questions from the general public. *A short recess was taken at 7:08. Secretary Becker took a roll call and the meeting reconvened at 7:13 pm. Witness #3: John McDonough, PP, a Planner licensed in the State of New Jersey, was accepted as an expert witness and sworn in. He testified that he developed a standard planning analysis for this appendage of the IMTT facility where Bayonne Energy Center III is proposed, located in the heart of the Industrial Area. Mr. McDonough explained that this project would be a good fit from a planning standpoint, only asking for minor technical relief. He opined this proposal aligns with the Master Plan, the Reexamination Plan, and the State of New Jersey 2020 Energy Master Plan and, therefore, feels the Board should vote in favor of this application. Board questions: Ms. Mack questioned Mr. McDonough. Planning Board Minutes March 12, 2024 Regular Meeting Page 6 Resident questions: There were no questions from the general public. Board/Resident Statements: There were no statements made. Commissioner Becker made a motion to approve this application and Commissioner Booker seconded the motion. The following vote to approve the application was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [X] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [X] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [X] [ ] [ ] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) Adoption of Resolutions: • P-23-021 – PSE&G BERGEN POINT SUBSTATION – Site: 17-29 Evergreen Street and 219-233 Orient Street; Block 306, Lots 1, 2, 3, and 4 o Commissioner Becker made a motion to approve the resolution and Commissioner Booker seconded the motion. The following vote to Memorialize the Resolution was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [X] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [X] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [ ] [ ] [X] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) Planning Board Minutes March 12, 2024 Regular Meeting Page 7 • • P-23-023 – MOHAMED ELZOKM – Site: 118-120 West 25th Street; Block 187, Lot 25 o Commissioner Becker made a motion to approve the resolution and Commissioner Booker seconded the motion. The following vote to approve the Memorializing of the Resolution was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [X] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [X] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [ ] [ ] [X] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) • P-23-028 – 525-527 AVENUE E PARTNERS, LLC – Site: 525-527 Avenue E; Block 140, Lot 23 o Commissioner Becker made a motion to approve the resolution and Commissioner Booker seconded the motion. The following vote to approve the Memorializing of the Resolution was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [ ] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [ ] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [ ] [ ] [X] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) Planning Board Minutes March 12, 2024 Regular Meeting Page 8 • P-22-024 – 5 MEADOW CONSTRUCTION, LLC – Site: Five Meadow Street; Block 464, Lot 1.01 o Commissioner Becker made a motion to approve the resolution and Commissioner Booker seconded the motion. The following vote to approve the Memorializing of the Resolution was taken at the hearing on March 12, 2024: RECORDED VOTE: Commissioners Aye Nay Abstain Recuse Absent Not Voting Karen Fiermonte [ ] [ ] [ ] [ ] [X] [ ] Maria I. Valado [ ] [ ] [ ] [ ] [X] [ ] George Becker [X] [ ] [ ] [ ] [ ] [ ] Loyad Booker, Jr. [X] [ ] [ ] [ ] [ ] [ ] Thomas Maiorano [X] [ ] [ ] [ ] [ ] [ ] Jack Beiro [X] [ ] [ ] [ ] [ ] [ ] Ahmed Lack [X] [ ] [ ] [ ] [ ] [ ] Mikel Lawandy [ ] [ ] [ ] [ ] [X] [ ] James Davis, Mayor [ ] [ ] [ ] [ ] [X] [ ] Ramon Veloz [ ] [ ] [ ] [ ] [X] [ ] (Mayoral Designee) On motion by Commissioner Becker, seconded by Commissioner Booker, the Board unanimously voted to close the meeting. The meeting adjourned at 7:40 pm. Susan Bischoff, Certified Shorthand Reporter, of 449 Columbia Boulevard, Wood-Ridge, NJ 07075, took a transcript of the meeting. /akl