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Hudson River Waterfront Conservancy of NJ, Inc.
P. O. BOX 6217
Hoboken, NJ 0703


New Jersey Department of Environmental Protection
Division of Land Use Regulation
Mail Code 501-02A
PO Box 420
501 East State Street
Trenton, NJ 08625

March 30, 2016

Re:    Application for Waterfront Development Permit IP Upland and In Water-
DLUR File No. 0213-02-0004.4
Activity No WFD 140001 Upland / WFD 140002 In Water;
Applicant: Mr. Robert Maher, Port Binghamton Entertainment LLC
Project: Port Binghamton
Block P/O 74; 70 Lots 2.02, 4.02; 4.01, 4.02, 5.01
Edgewater Borough, Bergen County

Dear Ms. Kerkuska:

We are writing in reference to the letter from Peter T. Fader, Florio, Perrucci, Steinhardt & Fader, to your office dated February 2, 2016 in connection with the above captioned Project.

The Hudson River Waterfront Conservancy, Inc. (HRWC) is responsible for monitoring compliance with the Hudson Waterfront Walkway Planning and Design criteria and the Hudson Waterfront Walkway Design Standards (collectively referred to as the "Standards") under N.J.A.C. 7:7E-3.48.

Please be advised that the Blocks and Lots which are part of this Project were originally part of a single ownership which was responsible for designing and maintaining the entire Walkway in compliance with the Standards. Such ownership included Block 75, Lot 202, Block 70, Lot 402, Block 70, Lot 401 and Block 70, Lot 501 (Master Parcel).  Over the years that ownership has been split and subdivided among various entities the effect of which was to avoid compliance with the Walkway Standards.  We would also recommend that you investigate whether appropriate formalities were followed among the various entities over the years.  If not, the corporate veil may be pierced treating the entire Master Parcel as owned by a single entity.  As your Department's Bureau of Coastal and Land Use Enforcement is aware, the Walkway running along the entire length of the Master Parcel is out of compliance with the Standards.

Furthermore, development and use of the Project will rely on obtaining rights to parking areas on other portions of the Master Parcel.  In addition, other portions of the Master Parcel are below the required current flood plan elevation levels as required by your Department.  Not only does the current elevation create a flooding hazard, but its low elevation causes long-standing pools of water to accumulate after heavy rains which cannot properly drain, creating an acute public health hazard as a mosquito breeding ground.

For these reasons, HRWC urges the Department to reject the Application until the Walkway covering the entire Master Parcel is designed to the Standards, and the portions of the Master Parcel which the Applicant will rely on to meet its parking requirements be raised to the current flood plain requirements.

Very truly yours,


Donald Stitzenberg
Hudson River Waterfront Conservancy


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