Planning Board - Planning Board Meeting

1 CITY OF UNION CITY HUDSON COUNTY, NEW JERSEY PLANNING BOARD : TRANSCRIPT OF RECORDED REGULAR MEETING : : PROCEEDINGS ____________ ____________: City Hall 3715 Palisade Avenue Union City, New Jersey Tuesday, January 24, 2017 Commencing at 6:01 p.m. M E M B E R S P R E S E N T: YDALIA GENAO, Mayor’s Designee ALICIA MOREJON CAROLINA FERNANDEZ RUDY RIVERO FRANKLIN MEDINA ALEJANDRO VELAZQUEZ, Alternate No. 1 JOSE GUARENO, Alternate No. 2, (Arrived at 6:22 p.m.) JEANNE KOEHLER, Vice Chairperson, (Arrived at 6:03 p.m.) DIANE CAPIZZI, Chairperson M E M B E R S A B S E N T: BRIAN P. STACK, Mayor CELIN VALDIVIA, Commissioner  2 A L S O P R E S E N T: CARLOS VALLEJO, Secretary to the Board WILFREDO J. ORTIZ, II, ESQ., Attorney for the Board DAVID SPATZ, Consultant Community Housing & Planning Associates, Inc. KRYSTLE NOVA, ESQ., Corporation Counsel, (Left at 6:36 p.m.) PATRICK J. McNAMARA, ESQ., Corporation Counsel, (Left at 6:36 p.m.) SUSAN GRUEL, Planning Consultant, (Left at 6:36 p.m.)  3 A P P E A R A N C E S: MICHAEL R. FINK, ESQ., Attorney for Applicant, Liberty Park at Union City, LLC BIANCA P. PEREIRAS, ESQ., Attorney for Applicant, Fumeng Li ROBERT M. MAYEROVIC, ESQ., Attorney for Applicant, Simy Kramarsky  4 I N D E X PAGE CALL TO ORDER 5 SALUTE TO FLAG 5 ROLL CALL 6 APPROVAL OF PREVIOUS MEETING MINUTES 10 RESOLUTION 8 CORRECTIVE RESOLUTIONS 12 EXECUTIVE SESSION 16 Union City Housing Element and Fair Share Housing Plan HEARINGS/APPLICATIONS Liberty Park at Union City, LLC 20 RESOLUTION 26 HEARINGS/APPLICATIONS Fumeng Li 28/37 Simy Kramarsky 29 ADJOURNMENT 44  5 1 MS. DILLON: Okay. 2 On the record. 3 THE SECRETARY: May I have your attention, 4 please? 5 Take notice that on Tuesday, January 24, 6 2017, at six p.m., a Regular Meeting is scheduled 7 to the City of Union City Planning Board to be 8 held in the Municipal Chamber of the City Hall, 9 3715 Palisade Avenue, Union City, New Jersey. 10 This is a meeting called in compliance with 11 Chapter 231, Public Law 1975 of the Open Public 12 Meetings Act. 13 Notice of this meeting has been said and 14 provide as follow: 15 Notice of this meeting, setting forth the 16 time, date, location and the agenda, to the 17 extent known, was sent to The Jersey Journal, The 18 Record, and The Hudson Reporter, has been posted 19 on the bulletin board in City Hall, and has been 20 made available to the public in the Office of 21 Municipal Clerk. 22 Before we call roll for tonight’s evening 23 meeting, can everybody kindly rise to salute the 24 flag? 25  6 1 (Whereupon, the Pledge of Allegiance was 2 said by all.) 3 4 THE SECRETARY: Thank you. 5 6 ROLL CALL: 7 8 THE SECRETARY: Roll call for tonight’s 9 meeting. 10 Mayor Brian P. Stack? Absent. 11 Ydalia Genao? 12 MS. GENAO: Yes. 13 THE SECRETARY: Commissioner Celin 14 Valdivia? Absent. 15 Alicia Morejon? 16 MS. MOREJON: Yes. 17 THE SECRETARY: Diane Capizzi? 18 CHAIRPERSON CAPIZZI: Here. 19 THE SECRETARY: Carolina Fernandez? 20 MS. FERNANDEZ: Yes. 21 THE SECRETARY: Rudy Rivero? 22 MR. RIVERO: Yes. 23 THE SECRETARY: Franklin Medina? 24 MR. MEDINA: Here. 25 THE SECRETARY: Jeanne Koehler? Absent.  7 1 Alejandro Velazquez? 2 MR. VELAZQUEZ: Here. 3 THE SECRETARY: Jose Guareno is absent. 4 Let the record indicate there are seven 5 present. 6 7 (Whereupon, Vice Chairperson Jeanne Koehler 8 arrived at 6:03 p.m.) 9 10 MR. ORTIZ: Ms. Koehler is present. 11 THE SECRETARY: Oh, one second, please. 12 Mrs. Koehler just arrived to the -- to the 13 meeting. 14 We have eight members present. 15 Those absent tonight, Commissioner Celin 16 Valdivia, Mayor Brian P. Stack and Jose Guareno. 17 * * * 18 19 20 21 22 23 24 25  8 1 RESOLUTION: 2 3 ( 1) Resolution Appointing the Planning Board 4 Secretary for the year 2017. 5 6 THE SECRETARY: Okay. 7 In tonight’s agenda, we have the first 8 Resolution. 9 Resolution to appoint the Planning Board 10 Secretary for the year 2017. 11 Can I have a motion to adopt this 12 Resolution? 13 CHAIRPERSON CAPIZZI: I’ll make a motion. 14 THE SECRETARY: Motion by Mrs. Capizzi. 15 MS. MOREJON: Second. 16 THE SECRETARY: Second by Mrs. Morejon. 17 Roll call on the motion. 18 Ydalia Genao? 19 MS. GENAO: Yes. 20 THE SECRETARY: Alicia Morejon? 21 MS. MOREJON: Yes. 22 THE SECRETARY: Diane Capizzi? 23 CHAIRPERSON CAPIZZI: Yes. 24 THE SECRETARY: Carolina Fernandez? 25 MS. FERNANDEZ: Yes.  9 1 THE SECRETARY: Rudy Rivero? 2 MR. RIVERO: Yes. 3 THE SECRETARY: Franklin Medina? 4 MR. MEDINA: Yes. 5 THE SECRETARY: Jeanne Koehler? 6 Mrs. Koehler? 7 VICE CHAIRPERSON KOEHLER: Yes. 8 THE SECRETARY: Thank you. Sorry. 9 Alejandro Velazquez? 10 MR. VELAZQUEZ: Yes. 11 THE SECRETARY: Eight in favor. Motion 12 carries. 13 Thank you. 14 * * * 15 16 17 18 19 20 21 22 23 24 25  10 1 APPROVAL OF PREVIOUS MEETING MINUTES: 2 3 ( 1) Approval of previous meeting minutes from 4 November 22, 2016. 5 6 THE SECRETARY: Approval of previous 7 meeting minutes from November 22, 2016. 8 Can I have a motion to adopt, to approve 9 this meeting? 10 MS. MOREJON: Motion. 11 THE SECRETARY: By Mrs. Morejon. 12 Second by? 13 MR. VELAZQUEZ: I second. 14 THE SECRETARY: Mr. Velazquez. 15 Roll call on the motion. 16 Mrs. Genao? 17 MS. GENAO: Yes. 18 THE SECRETARY: Mrs. Morejon? 19 MS. MOREJON: Yes. 20 THE SECRETARY: Mrs. Capizzi? 21 CHAIRPERSON CAPIZZI: Yes. 22 THE SECRETARY: Mrs. Fernandez? 23 MS. FERNANDEZ: Yes. 24 THE SECRETARY: Mr. Rivero? 25 MR. RIVERO: Yes.  11 1 THE SECRETARY: Mr. Medina? 2 MR. MEDINA: Yes. 3 THE SECRETARY: Mrs. Koehler? 4 VICE CHAIRPERSON KOEHLER: Yes. 5 THE SECRETARY: Mr. Velazquez? 6 MR. VELAZQUEZ: Yes. 7 THE SECRETARY: Eight in favor. Motion 8 carries. 9 * * * 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  12 1 CORRECTIVE RESOLUTIONS: 2 3 ( 1) Jacobo and Maria Meis, 211 34 th Street, 4 Block 200, Lot 29. Construction of a three (3) 5 story 20’ 101/2” x 43’ 1 1/2” addition in the 6 rear portion of an existing two (2) family house. 7 Resolution was memorialized on April 26, 2016. 8 ( 2) Segundo Tapia, 2412 Bergenline Avenue. 9 Two (2) commercial spaces and three (3) 10 residential to four (4) residential units and two 11 (2) commercial spaces. Resolution was 12 memorialized on April 22, 2014. 13 THE SECRETARY: On tonight’s agenda, we 14 have two Corrective Resolutions. 15 First Corrected Resolution, Jacobo and 16 Maria Meis, 211 34th Street. 17 Second Resolution -- 18 Sorry. Give me two seconds. 19 Segundo Tapia, 2412 Bergenline Avenue. 20 Can I have a motion to adopt these 21 Corrective Resolutions? 22 CHAIRPERSON CAPIZZI: I make a motion. 23 THE SECRETARY: Motion by Mrs. Capizzi. 24 Second by? 25 VICE CHAIRPERSON KOEHLER: Second.  13 1 THE SECRETARY: Mrs. Koehler. 2 Roll call on the motion. 3 Mrs. Genao? 4 MS. GENAO: Yes. 5 THE SECRETARY: Mrs. Morejon? 6 MS. MOREJON: Yes. 7 THE SECRETARY: Mrs. Capizzi? 8 CHAIRPERSON CAPIZZI: Yes. 9 THE SECRETARY: Mrs. Fernandez? 10 MS. FERNANDEZ: Yes. 11 THE SECRETARY: Mr. Rivero? 12 MR. RIVERO: Yes. 13 THE SECRETARY: Mr. Medina? 14 MR. MEDINA: Yes. 15 THE SECRETARY: Mrs. Koehler? 16 VICE CHAIRPERSON KOEHLER: Yes. 17 THE SECRETARY: Mr. Fernandez -- Velazquez? 18 I’m sorry. 19 MR. VELAZQUEZ: Mr. Secretary, I don't know 20 -- I wasn’t for number 2, yet, on there. 21 MR. ORTIZ: You should abstain. 22 MR. VELAZQUEZ: Abstain. 23 THE SECRETARY: Mr. Velazquez abstain on 24 the second Resolution. 25 MR. VELAZQUEZ: Yes.  14 1 THE SECRETARY: First Resolution, eight in 2 favor. 3 VICE CHAIRPERSON KOEHLER: Actually, I’m 4 not sure I was on that, as well, the 2412 5 Bergenline Avenue. 6 MR. ORTIZ: If you’re in doubt, I -- I 7 would recommend that you abstain. 8 VICE CHAIRPERSON KOEHLER: I abstain. 9 THE SECRETARY: In which Resolution, number 10 1 or 2? 11 VICE CHAIRPERSON KOEHLER: Number 2. 12 CHAIRPERSON CAPIZZI: Second one. 13 VICE CHAIRPERSON KOEHLER: Segundo Tapia. 14 THE SECRETARY: Number what? 15 MR. SPATZ: Number 2. 16 THE SECRETARY: Number 2. 17 VICE CHAIRPERSON KOEHLER: Yeah. 18 MR. SPATZ: Segundo Tapia. 19 THE SECRETARY: Okay. First Resolution, 20 eight in favor. Motion carries. 21 MR. ORTIZ: Seven -- no, seven and one 22 abstention. 23 THE SECRETARY: Which one is abstention? 24 Number one? 25 MR. ORTIZ: On the first one, right?  15 1 THE SECRETARY: No, number two he say. 2 MR. SPATZ: The second one. 3 MR. VELAZQUEZ: No. I’m on the first one. 4 We’re on the second one. 5 THE SECRETARY: Second. 6 MR. VELAZQUEZ: So, it’s two abstentions on 7 the second one. 8 MR. SPATZ: Right. 9 MR. ORTIZ: Oh, okay. 10 THE SECRETARY: Yeah. 11 MR. SPATZ: Right. 12 THE SECRETARY: That mean eight in favor in 13 number one. 14 And number two, six in favor, two 15 abstention. Motion carries. 16 Thank you. 17 * * * 18 19 20 21 22 23 24 25  16 1 EXECUTIVE SESSION: 2 3 ( 1) Presentation of the Union City Housing 4 Element and Fair Share Housing Plan. 5 6 MR. ORTIZ: At this point, folks, I would 7 need a motion to go into Closed Session for 8 purposes of a presentation by Corporate Counsel 9 as to Union City’s Housing Element and Fair Share 10 Housing Plan. 11 MR. VELAZQUEZ: I make a motion. 12 CHAIRPERSON CAPIZZI: Make a motion. 13 THE SECRETARY: Motion by Mrs. Capizzi. 14 MR. VELAZQUEZ: Second. 15 THE SECRETARY: Second by Mrs. Morejon. 16 Roll call on the motion to go to Executive 17 Session. 18 Ydalia Genao? 19 MS. GENAO: Yes. 20 THE SECRETARY: Mrs. Morejon? 21 MS. MOREJON: Yes. 22 THE SECRETARY: Ms. Capizzi? 23 CHAIRPERSON CAPIZZI: Yes. 24 THE SECRETARY: Mrs. Fernandez? 25 MS. FERNANDEZ: Yes.  17 1 THE SECRETARY: Mr. Rivero? 2 MR. RIVERO: Yes. 3 THE SECRETARY: Mr. Medina? 4 MR. MEDINA: Yes. 5 THE SECRETARY: Mrs. Koehler? 6 VICE CHAIRPERSON KOEHLER: Yes. 7 THE SECRETARY: Mr. Velazquez? 8 MR. VELAZQUEZ: Yes. 9 THE SECRETARY: Eight in favor. Motion 10 carries. 11 MS. DILLON: Carlos -- 12 THE SECRETARY: Is everybody -- 13 MR. ORTIZ: We are in Closed Session. 14 MS. DILLON: On or off, Carlos. On or off? 15 MS. NOVA: And for the record, this is for 16 -- 17 MR. SPATZ: On or off? 18 THE SECRETARY: On the record now. 19 MS. NOVA: -- purposes of litigation. 20 MR. ORTIZ: I was -- I was about -- 21 THE SECRETARY: What time is it? Seven -- 22 7:10? 23 MR. ORTIZ: We’re -- we’re going to have to 24 ask everybody -- 25 THE SECRETARY: Six ten.  18 1 MR. ORTIZ: -- to leave the room. We are 2 in Closed Session for the purposes, as Corporate 3 Counsel stated, for litigation. 4 THE SECRETARY: Okay. 5 MR. ORTIZ: We will announce as soon as 6 we’re out of Closed Session. 7 8 (Whereupon, the Board move to Executive 9 Session at 6:08 p.m.) 10 11 (Whereupon, Jose Guareno arrived at 6:22 12 p.m.) 13 14 (Whereupon, the Board returned to Open 15 Session at 6:36 p.m.) 16 17 (Whereupon, Krystle Nova, Esq. left the 18 meeting at 6:36 p.m.) 19 (Whereupon, Patrick J. McNamara, Esq. left 20 the meeting at 6:36 p.m.) 21 (Whereupon, Susan Gruel, Planner, left the 22 meeting at 6:36 p.m.) 23 24 THE SECRETARY: Let me know, Debbie. 25 MS. DILLON: Whenever you’re ready, Carlos.  19 1 THE SECRETARY: The Board voted to go to 2 Executive Session to consult -- 3 MS. DILLON: Wait, wait. Get their 4 attention first. 5 THE SECRETARY: May I have your attention, 6 please? 7 Let’s go back into the regular meeting. 8 The Board voted to go in Executive Session 9 to consult with the attorney about the Union City 10 Housing Element Fair Share Housing Plan. 11 The Executive Session begin at 6:10 (sic) 12 and ended at 6:35 (sic) p.m. 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25  20 1 Liberty Park at Union City, LLC - 2 649-651 38th Street: 3 4 THE SECRETARY: Okay. 5 We have the next hearing, Liberty Park at 6 Union City, LLC, 649-651 38th Street, Block 260, 7 Lots 30-36. 8 Is an order to the court remanded the 9 matter back to the Planning Board, to deliberate 10 and vote on the existing record, after a 11 sufficient -- Board members who did not hear one 12 or the other testimony have read the transcript 13 or listened to the tapes and certified the same. 14 MR. ORTIZ: Without expanding too much on 15 this, essentially, this case was presented in -- 16 in two parts, on two different dates, -- 17 CHAIRPERSON CAPIZZI: Um hum. I remember 18 that. 19 MR. ORTIZ: -- with the -- with the 20 unfortunate loss of Mr. Shah, as well as not 21 everybody being at both meetings, it resulted in 22 a vote that was actually short of people being at 23 both meetings. 24 That’s why you were asked to read the 25 transcripts if you weren’t present.  21 1 It’s my understanding, from my information, 2 that everybody here has either read the 3 transcripts or was present at one or two of the 4 meetings. 5 With that being said, I’ll turn it over to 6 Mr. Fink, briefly, if you want to add anything, 7 Mr. Fink? 8 THE SECRETARY: And let me put in the 9 record that we have the certification from Mrs. 10 Morejon. Also, certification from Mr. Rivero. 11 Certification from Mrs. Fernandez. Certification 12 from Mrs. Koehler, and certification from Mr. 13 Medina. 14 MR. ORTIZ: On -- on various -- on various 15 dates, most of which were on 4/26, but they’re -- 16 Ms. Morejon’s certification is -- represent the 17 date of 5/24. 18 With that being said, everybody here has 19 either -- was either present to both meetings, or 20 signed the certification as to the meeting that 21 they read the transcripts, as to the dates they 22 weren’t here. 23 Mr. Fink, if you have any desire to -- 24 MR. FINK: No. 25 Thank you.  22 1 The only thing I want to do is, in 2 accordance with the Municipal Land Use Law, we 3 noticed this hearing, which we’re required to do, 4 and I wanted to present -- 5 Okay. So, I have an Affidavit and I also 6 have the original Notice of Publication, and the 7 original receipts from the post office for the 8 mailing of the notice, in accordance with the 9 certified list, as set forth in the Affidavit. 10 MR. ORTIZ: Madam Chairwoman, I’ve had an 11 opportunity to review the notices provided by 12 counsel, with his nice yellow paper. 13 CHAIRPERSON CAPIZZI: Um hum. I like that. 14 MR. ORTIZ: And everything seems to be in 15 order, so the Board does have jurisdiction -- 16 CHAIRPERSON CAPIZZI: Okay. 17 MR. ORTIZ: -- on this matter. 18 CHAIRPERSON CAPIZZI: Okay. 19 MR. ORTIZ: All that’s left, essentially, 20 is take a vote. 21 I will tell you that I have drafted a 22 Resolution, in anticipation of this vote, 23 assuming that the Board approves it. 24 If not, I’ll have to draft another one, if 25 the Board does not. But -- so, we will be  23 1 executing that Resolution this evening. 2 CHAIRPERSON CAPIZZI: As well. Um hum. 3 THE SECRETARY: Can I have a motion to 4 approve the hearing? 5 CHAIRPERSON CAPIZZI: I’ll make a motion. 6 THE SECRETARY: Motion by Mrs. Capizzi. 7 Second by Mrs. Morejon. 8 MR. ORTIZ: Let me -- let me just -- 9 MR. FINK: Excuse me? 10 Just in accordance with the judge’s order, 11 there may, based upon my experience with the 12 Board in the past, you often have no specific 13 deliberation, but I just think the opportunity 14 should be provided, if there is any deliberation 15 before they vote. 16 MR. ORTIZ: Well -- 17 MR. FINK: Just -- just to meet the terms 18 of the order. 19 MR. ORTIZ: I understand, but -- yeah. And 20 that’s not a problem. 21 And if the -- if the Board would like to 22 comment -- any member of the Board would like to 23 comment, of course, I would never -- you know, 24 obstruct you from doing that. 25 But there is no new evidence being  24 1 presented. Therefore, I don't think there’s a 2 need for additional public comment. 3 MR. FINK: No. 4 MR. ORTIZ: So, there will be no public 5 comment on this, is essentially just to 6 memorialize the -- 7 CHAIRPERSON CAPIZZI: Um hum. 8 MR. ORTIZ: -- the presentation and the 9 action of the Board previously. 10 CHAIRPERSON CAPIZZI: Um hum. 11 THE SECRETARY: Motion by -- to approve by 12 Mrs. Capizzi. 13 Second by Mrs. Morejon. 14 Roll call on the motion. 15 Mrs. Genao? 16 MS. GENAO: Yes. 17 THE SECRETARY: Mrs. Morejon? 18 MS. MOREJON: Yes. 19 THE SECRETARY: Ms. Capizzi? 20 CHAIRPERSON CAPIZZI: Yes. 21 THE SECRETARY: Mrs. Fernandez? 22 MS. FERNANDEZ: Yes. 23 THE SECRETARY: Mr. Rivero? 24 MR. RIVERO: Yes. 25 THE SECRETARY: Mr. Medina?  25 1 MR. MEDINA: Yes. 2 THE SECRETARY: Mrs. Koehler? 3 VICE CHAIRPERSON KOEHLER: Yes. 4 THE SECRETARY: Mr. Velazquez? 5 MR. VELAZQUEZ: Yes. 6 THE SECRETARY: Mr. Guareno? 7 MR. GUARENO: Yes. 8 THE SECRETARY: Nine in favor. Motion 9 carries. 10 * * * 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25  26 1 RESOLUTION: 2 3 Liberty Park at Union City, LLC - 649-651 38th 4 Street, Block 260, Lot 30-60. Parking at 5 basement and ground floor, 48 dwelling units at 6 four floors above. 7 8 THE SECRETARY: We have a Resolution. 9 Liberty Park, Union City, LLC, 649-651 38th 10 Street. 11 Can I have a motion to adopt this 12 Resolution? 13 CHAIRPERSON CAPIZZI: I make a motion. 14 THE SECRETARY: Motion by Mrs. Capizzi. 15 Second by Mrs. Morejon. 16 Roll call on the motion. 17 Mrs. Genao? 18 MS. GENAO: Yes. 19 THE SECRETARY: Mrs. Morejon? 20 MS. MOREJON: Yes. 21 THE SECRETARY: Ms. Capizzi? 22 CHAIRPERSON CAPIZZI: Yes. 23 THE SECRETARY: Mrs. Fernandez? 24 MS. FERNANDEZ: Yes. 25 THE SECRETARY: Mr. Rivero?  27 1 MR. RIVERO: Yes. 2 THE SECRETARY: Mr. Medina? 3 MR. MEDINA: Yes. 4 THE SECRETARY: Mrs. Koehler? 5 VICE CHAIRPERSON KOEHLER: Yes. 6 THE SECRETARY: Mr. Velazquez? 7 MR. VELAZQUEZ: Yes. 8 THE SECRETARY: Mr. Guareno? 9 MR. GUARENO: Yes. 10 THE SECRETARY: Nine in favor. Motion 11 carries. 12 MR. FINK: Thank you very much. 13 VICE CHAIRPERSON KOEHLER: Thank you. 14 CHAIRPERSON CAPIZZI: You’re welcome. 15 * * * 16 17 18 19 20 21 22 23 24 25  28 1 Fumeng Li - 1408-1410 Central Avenue: 2 3 THE SECRETARY: Okay. 4 Next hearing on tonight’s agenda is Fumeng 5 Li, 1408-1410 Central Avenue. 6 Mrs. Pereiras, please? 7 MS. PEREIRAS: Counsel, my expert is 8 parking his vehicle. He’s not up here yet, so I 9 don't know if you want to -- 10 MR. ORTIZ: All right. Why don’t we go to 11 the next one? Yeah. 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  29 1 Simy Kramarsky - 127 35th Street: 2 3 THE SECRETARY: All right. 4 We’re going to change a little bit the 5 order of the -- tonight’s agenda. 6 We are going to go to -- stay with me -- 7 Simy Kramarsky, 127 35th Street. 8 Mr. Mayerovic, please? 9 (Whereupon, there was a pause in the 10 proceedings.) 11 MR. MAYEROVIC: Previously hand delivered 12 the certified mailings. This is another copy of 13 it. This is the publication, and the green 14 cards. 15 Thank you. 16 MR. ORTIZ: Mr. Mayerovic, do you have an 17 Affidavit of Service? 18 MR. MAYEROVIC: In terms -- 19 MR. ORTIZ: We can’t move forward with -- 20 without an Affidavit of Service. 21 MR. MAYEROVIC: It terms of? 22 MR. ORTIZ: Whoever mailed these out. 23 MR. MAYEROVIC: From my office. I mailed 24 them out. 25 MR. ORTIZ: I -- I know, but we need an  30 1 Affidavit stating that they were mailed out. 2 MR. MAYEROVIC: I’ll submit the Affidavit. 3 I mean, I -- it’s not attached. I’ll get that to 4 the Board. I mean -- I mean, they were -- they 5 were mailed out of my office, and I can -- 6 MR. ORTIZ: No. Mr. -- I don't doubt you 7 for a second. 8 MR. MAYEROVIC: I -- I personally took them 9 to the post office and -- and I’ll give the 10 Affidavit afterwards on that. 11 MR. ORTIZ: Mr. Mayerovic -- 12 MR. MAYEROVIC: Do you want to carry it? 13 That’s fine. 14 MR. ORTIZ: Yeah. I mean -- 15 MR. MAYEROVIC: That’s fine. If you want 16 to carry it, that’s fine. 17 MR. ORTIZ: I think what we could do here, 18 just to accommodate both the applicant, as well 19 as comply with the law is, we’ll accept 20 jurisdiction, pending the Affidavit, -- 21 CHAIRPERSON CAPIZZI: Right. 22 MR. ORTIZ: -- but carry it, not hear the 23 case tonight. 24 I’d feel more comfortable -- 25 MR. MAYEROVIC: Okay. That’s not a  31 1 problem. 2 MR. ORTIZ: -- like that because it’s a 3 juris -- it’s a jurisdictional question. 4 MR. MAYEROVIC: That’s not a problem. You 5 want to carry it, that’s fine. 6 MR. ORTIZ: Is the Board okay with that? 7 MS. MOREJON: Yes. 8 MR. ORTIZ: That we accept jurisdiction 9 pending the Affidavit of Service? 10 MR. MAYEROVIC: So, you’ll carry it till 11 the February hearing? 12 MR. ORTIZ: Correct. 13 MR. MAYEROVIC: That’s fine. 14 MR. ORTIZ: Thank you, Mr. Mayerovic. 15 MR. MAYEROVIC: That’s okay. 16 Thank you. 17 CHAIRPERSON CAPIZZI: So, he doesn’t have 18 to re-notice. 19 Correct? 20 MR. ORTIZ: Yes. He doesn’t have to re- 21 notice, as long as he gets the Affidavit in to 22 us, but we’re not going to hear any testimony 23 until -- 24 MR. MAYEROVIC: I’ll get the Affidavit in. 25 That’s okay. That’s fine.  32 1 THE SECRETARY: Can I have a motion to 2 carry over to the next meeting? 3 CHAIRPERSON CAPIZZI: I make a motion. 4 MR. SPATZ: The 28th of February. 5 MR. MAYEROVIC: And we don’t have to re- 6 notify. 7 THE SECRETARY: Twenty-eight -- 8 MR. ORTIZ: No, you don’t. That’s -- 9 that’s why we’re trying to do that. 10 MR. MAYEROVIC: Thank you. 11 THE SECRETARY: -- of February. 12 MR. ORTIZ: We’re trying to make -- 13 MS. DILLON: State it again, Carlos. 14 MR. SPATZ: Yeah. 15 MR. MEIS: Excuse me? 16 Is this person finished for the night? 17 THE SECRETARY: Motion by Mrs. Capizzi. 18 MR. ORTIZ: For the -- for the evening, 19 yes. But he’s not going to re-notice. 20 Our next meeting is when, Carlos? 21 THE SECRETARY: The 28th. February the 22 28th. 23 MR. ORTIZ: February 28th, we’ll be back 24 here. 25 MR. MEIS: They’re going to send any  33 1 letters? 2 MR. ORTIZ: No. 3 CHAIRPERSON CAPIZZI: No. 4 MR. ORTIZ: No, they’re not. That’s why 5 I’m letting you know. 6 We’re accepting jurisdiction of the case, 7 pending the submission of a document that Mr. 8 Mayerovic mistakenly, and I’m sure not 9 intentionally -- 10 MR. MEIS: I don't know about that. 11 MR. ORTIZ: Well, I know Mr. Mayerovic for 12 a long time, been practicing law in the area. 13 MR. MEIS: Because I mean -- 14 MS. DILLON: Sir, you can’t speak from 15 there, please. 16 MR. MEIS: Oh, I’m sorry. I’m sorry. 17 I’m not that familiar with -- 18 MS. DILLON: Sir, come forward. 19 Can I have your name for the record? 20 MR. MEIS: My name is Jacob Meis. I live 21 on 35th Street in Union City. 22 MS. DILLON: Spell your last name. 23 MR. MEIS: Meis, M-E-I-S. 24 MS. DILLON: M -- 25 MR. MEIS: E-I-S.  34 1 MS. DILLON: And your first name is Jacob? 2 MR. MEIS: Yes. 3 MS. DILLON: And your address again? 4 MR. MEIS: 117 35th Street, Union City. 5 MR. ORTIZ: Mr. Meis, so -- so I could 6 explain what happened to you, if I didn’t explain 7 it -- you know, clearly enough. And that’s my 8 fault. I apologize. 9 But what -- what happened today is, 10 everything was done in accordance with the law, 11 but there’s an actual literal document that 12 needed to be submitted. 13 Mr. Mayerovic mistakenly did not submit 14 that document. It wouldn’t be in his interest, 15 as I can see -- as I can see it, for him not to 16 submit that document. In fact, it inconveniences 17 his client. 18 Bob, don’t say anything. 19 MR. MEIS: So, you don’t want to hear my 20 objection to what he was supposed to do? 21 MR. ORTIZ: Well, the objection comes after 22 the presentation. He isn’t presenting anything 23 tonight. 24 MR. MEIS: Thank you. 25 MR. ORTIZ: Thank you, sir.  35 1 MR. MEIS: Thank you very much. 2 THE SECRETARY: Motion to carry this 3 application for next meeting, February the 28, by 4 Mrs. Capizzi. 5 Second by Mrs. Morejon. 6 Roll call on the motion. 7 Mrs. Genao? 8 MS. MOREJON: Genao? 9 MS. GENAO: Yes. 10 THE SECRETARY: Mrs. Morejon? 11 MS. MOREJON: Yes. 12 THE SECRETARY: Ms. Capizzi? 13 CHAIRPERSON CAPIZZI: Yes. 14 THE SECRETARY: Mrs. Fernandez? 15 MS. FERNANDEZ: Yes. 16 THE SECRETARY: Mr. Rivero? 17 MR. RIVERO: Yes. 18 THE SECRETARY: Mr. Medina? 19 MR. MEDINA: Yes. 20 THE SECRETARY: Mrs. Koehler? 21 VICE CHAIRPERSON KOEHLER: Yes. 22 THE SECRETARY: Mr. Velazquez? 23 MR. VELAZQUEZ: Yes. 24 THE SECRETARY: Mr. Guareno? 25 MR. GUARENO: Yes.  36 1 THE SECRETARY: Nine in favor. Motion 2 carries. 3 Thank you. 4 MS. DILLON: Carlos, no new notice. 5 THE SECRETARY: No new notice required for 6 next meeting on February the 28th. 7 Oops. 8 Okay. All right. 9 CHAIRPERSON CAPIZZI: Okay. 10 MR. ORTIZ: We’re good? 11 CHAIRPERSON CAPIZZI: Next one up. 12 * * * 13 14 15 16 17 18 19 20 21 22 23 24 25  37 1 Fumeng Li - 1408-1410 Central Avenue: 2 3 THE SECRETARY: Next application, Fumeng 4 Li, 1408-1410 Central Avenue. 5 Mrs. Pereiras, please? 6 (Whereupon, there was a pause in the 7 proceedings.) 8 MR. ORTIZ: Thank you. 9 (Whereupon, there was a pause in the 10 proceedings.) 11 MR. ORTIZ: Madam Chairwoman, I’ve reviewed 12 the documents submitted by counsel. Everything 13 seems to be in order, giving jurisdiction to the 14 Board. 15 CHAIRPERSON CAPIZZI: Okay, proceed. 16 Thank you. 17 MS. PEREIRAS: Thank you. 18 MR. ORTIZ: Here, you want to take this, 19 too? 20 MS. PEREIRAS: Counsel, if I could just 21 have a minute? 22 I want to confirm that the drawings that 23 the Board has in front of them are the final 24 revised drawings that we submitted. 25 MR. ORTIZ: Okay.  38 1 What’s very, very, very important, if 2 that’s not the case, before you even do it, is 3 because we’ve had a few problems with 4 applications not matching plans -- 5 MS. PEREIRAS: Um hum. 6 MR. ORTIZ: -- what needs to be done, so 7 that you don’t think it’s anybody getting picked 8 on here, or anything like that -- 9 MS. PEREIRAS: No, no. 10 MR. ORTIZ: -- is then an amended 11 application needs to be -- 12 MS. PEREIRAS: We did submit that, as well, 13 with revised drawings. I just want to make sure 14 -- 15 MR. ORTIZ: Okay. 16 MS. PEREIRAS: -- that those are the ones 17 that you have in front of you. 18 MR. ORTIZ: Okay. Fair enough. 19 THE SECRETARY: I think that’s page number 20 4, I think. 21 MS. PEREIRAS: Are those the revised ones? 22 THE SECRETARY: I think it was. 23 MR. ORTIZ: These are dated -- when are 24 these -- 25 (Whereupon, there was a pause in the  39 1 proceedings.) 2 VICE CHAIRPERSON KOEHLER: December 15. 3 MS. MOREJON: December 14. 4 VICE CHAIRPERSON KOEHLER: Mine says 5 December 15. 6 MR. ORTIZ: That’s when it was filed, 7 right? That’s filed December 15? 8 THE SECRETARY: That’s the date they drop 9 it off and check the second page. 10 MR. PEREIRAS: Yeah, they have the date of 11 the revision, but these are the old drawings. 12 (Indiscernible) -- the old drawings. 13 MR. ORTIZ: What’s the problem, Manny? 14 MR. PEREIRAS: There was a subsequent 15 revision to this, and I’m not sure why you don’t 16 have it. 17 THE SECRETARY: Because we never receive 18 it. 19 MS. PEREIRAS: It was submitted. 20 MR. PEREIRAS: I have a feeling we -- 21 MS. PEREIRAS: My paralegal came in 22 personally. 23 THE SECRETARY: Oh, yes. She -- she stamp 24 it -- 25 (Whereupon, there was an interruption in  40 1 the recording.) 2 THE SECRETARY: Can I have a five minute 3 break, please? 4 MR. ORTIZ: Could we make -- 5 Well, yeah, we -- we don’t need to make a 6 motion for a five minute break. Let’s just take 7 a five minute break. 8 9 (Whereupon, the Board recessed from 6:52 10 p.m. to 7:01 p.m.) 11 12 THE SECRETARY: Back in record, please. 13 May I have your attention? 14 MR. ORTIZ: Okay, folks. 15 So no one’s confused -- 16 MS. DILLON: All right. Wait, wait, wait. 17 Go ahead. 18 THE SECRETARY: Back on record. 19 Mrs. Pereiras, please? 20 MR. ORTIZ: I’ll fill the Board in to 21 what’s -- what’s occurred. 22 CHAIRPERSON CAPIZZI: Okay. 23 MR. ORTIZ: Essentially, it’s the position 24 of the applicant that the amended plan and 25 amended application was filed.  41 1 We can’t seem to find that in the Clerk’s 2 Office. I’m not disputing that it wasn’t filed, 3 nor am I saying that anything as to our Clerk, 4 who’s excellent. 5 What I am saying is, without the amended 6 plans on file, it’s a problem. 7 So, we’ve already taken jurisdiction, so 8 there will be no re-noticing on this. 9 However, this -- this is going to have to 10 be carried as well to our February meeting, which 11 is February 28th, you said. 12 Right? 13 THE SECRETARY: Yes, sir. 14 MR. ORTIZ: In light of the fact that -- 15 you know, the plans are just not accurate as to 16 what the presentation is going to be that you 17 have in front of you. 18 So, with that being said, I’d ask for a 19 motion to carry this to our -- 20 CHAIRPERSON CAPIZZI: I’ll make a motion. 21 THE SECRETARY: Motion to carry by Mrs. 22 Capizzi. 23 Second by? 24 VICE CHAIRPERSON KOEHLER: Second. 25 THE SECRETARY: Mrs. Koehler.  42 1 CHAIRPERSON CAPIZZI: I wonder what 2 happened to them. 3 THE SECRETARY: Okay. Roll call on the 4 motion. 5 Mrs. Genao? 6 MS. GENAO: Yes. 7 THE SECRETARY: Mrs. Morejon? 8 MS. MOREJON: Yes. 9 THE SECRETARY: Ms. Capizzi? 10 CHAIRPERSON CAPIZZI: Yes. 11 THE SECRETARY: Mrs. Fernandez? 12 MS. FERNANDEZ: Yes. 13 THE SECRETARY: Mr. Rivero? 14 MR. RIVERO: Yes. 15 THE SECRETARY: Mr. Medina? 16 MR. MEDINA: Yes. 17 THE SECRETARY: Mrs. Koehler? 18 VICE CHAIRPERSON KOEHLER: Yes. 19 THE SECRETARY: Mr. Velazquez? 20 MR. VELAZQUEZ: Yes. 21 THE SECRETARY: Mr. Guareno? 22 MR. GUARENO: Yes. 23 THE SECRETARY: Nine in favor. Motion 24 carries. 25 MS. PEREIRAS: Thank you all very much.  43 1 THE SECRETARY: Next meeting, February 28, 2 -- 3 MS. PEREIRAS: See you next month. 4 CHAIRPERSON CAPIZZI: Okay. 5 THE SECRETARY: -- 2017. 6 MS. PEREIRAS: Thank you. 7 THE SECRETARY: No new notice required. 8 MR. ORTIZ: Why don’t we say -- Carlos, why 9 don’t you say -- I know it’s going to be hard to 10 transcript, but say it in Spanish just in case 11 there’s -- 12 MS. DILLON: I can’t transcribe it. 13 MR. ORTIZ: I know. But it’s more for the 14 edification -- 15 MS. DILLON: Okay. 16 MR. ORTIZ: -- of the people that are in 17 the audience. 18 I don't know if they’re in favor, against, 19 or have no opinion as to this. 20 THE SECRETARY: Okay. 21 22 (Whereupon, Board Secretary, Carlos 23 Vallejo, addressed the audience in Spanish.) 24 25 THE SECRETARY: No. No one.  44 1 ADJOURNMENT: 2 3 THE SECRETARY: All right. There being no 4 other application tonight’s agenda, can I have a 5 motion to close tonight’s meeting? 6 CHAIRPERSON CAPIZZI: Make a motion. 7 THE SECRETARY: Motion by Mrs. Capizzi. 8 Second by? 9 Mrs. Koehler. 10 All in favor? 11 12 (Whereupon, there was a chorus of ayes.) 13 14 THE SECRETARY: The ayes have it. 15 Let the record show the meeting has ended. 16 Thank you. 17 Good night, everyone. 18 19 (Whereupon, the proceedings were concluded 20 at 7:04 p.m.) 21 22 23 24 25  45 1 STATE OF NEW JERSEY : 2 : 3 COUNTY OF ESSEX : 4 5 6 I, DEBRA A. KASZNIAK, assigned transcriber, 7 do hereby affirm that the foregoing is a true and 8 accurate transcript in the matter of the REGULAR 9 MEETING of the UNION CITY PLANNING BOARD heard on 10 Tuesday, January 24, 2017 and digitally recorded. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Monitored and proofread by: Deborah Dillon