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WEEHAWKEN PLANNING BOARD HEARING
OCTOBER 28
, 1999
FULL TRANSCRIPT
PAGES 1 TO 50

Michael Friedman
Environmental Witness Direct Testimony
Cross-Examination by James Segreto


Below is the transcript from the Weehawken Planning Board Hearing on October 28, 1999.

This hearing was conducted at the Weehawken High School. For the record, the FWW staged a big rally to protest the Roseland development application. Over 100  citizens attended the rally at Hamilton Park. After the rally, we marched to the high school and held a five minute demonstration to express our objections.

This html document follows the format of the official transcript. The transcript format has 25 lines per page. Each page is numbered. Because the transcript is so long, the file has been broken down into 4 different web pages.

Jump to 10/28/99 pages 51 to 100
Jump to 10/28/99 pages 101 to 150
Jump to 10/28/99 pages 151  to 193 (end of transcript)

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1 TOWNSHIP OF WEEHAWKEN PLANNING BOARD
2 THURSDAY, OCTOBER 28, 1999
    7:00 PM
3
4
    RE: PORT IMPERIAL SOUTH
5
6
    MEMBERS PRESENT:
7
8 MARK GOULD, Chairman
    RICHARD TURNER
9 ALBERT CABRERA
    CAROL KRAVITZ
10 RICHARD BARSA
    PILAR BARDROFF, Board Clerk
11 ROBERT JURASIN, Town Engineer
    JILL HARTMANN, Town Planner
12
13
    APPEARANCES:
14
15 BEATTIE, PADOVANO, ESQS.
    BY: THOMAS W. DUNN, ESQ.
16 Appearing on behalf of the Board.
17 WEINER, LESNIAK, ESQ.
    BY: GLENN C. KIENZ, ESQ.
18 Appearing on behalf of the Applicant.
19 SEGRETO & SEGRETO, ESQ.
    BY: JAMES V. SEGRETO, ESQ.
20 Attorney for the Objectors.
21
22
    PHILIP A. FISHMAN
23 COURT REPORTING AGENCY
     23 MARK TWAIN DRIVE
24 MORRISTOWN, NEW JERSEY 07960
     (973) 285-5331 - FAX (973) 285-5293
25
2
1 I N D E X
2 DIRECT CROSS REDIRECT RECROSS
3 WITNESS
4 MICHAEL FRIEDMAN
5 by Mr. Kienz 10
6 by Mr. Segreto 74
7
8
9 I N D E X O F E X H I B I T S
10 EXHIBIT DESCRIPTION PAGE
11 O-1 Memorandum of Agreement 114
12 O-2 Photographs 159
13
14
15
16
17
18
19
20
21
22
23
24
25
3
1 MR. GOULD: Okay. Welcome
2 everyone.
3 The planning board opened the
4 meeting at the municipal building and
5 recessed to this room in the high school.
6 When I opened the meeting earlier I
7 read a statement concerning the Open Public
8 Meetings Act. I am going to read it again.
9 (Mr. Gould reads the Open Public
10 Meetings Act.)
11 MR. GOULD: Will the clerk please
12 call the roll.
13 THE SECRETARY: Carol Kravitz.
14 MS. KRAVITZ: Here.
15 THE SECRETARY: Albert Cabrera.
16 MR. CABRERA: Here.
17 THE SECRETARY: Mark Gould.
18 MR. GOULD: Here.
19 THE SECRETARY: Richard Turner.
20 MR. TURNER: Here.
21 THE SECRETARY: Richard Barsa.
22 MR. BARSA: Here.
23 MR. GOULD: Okay. This is the
24 continued public hearing of a preliminary
25 planned development application for Block
4
1 36.05, Lot 1.01, Block 36.05, Lot 2.01,
2 Block 45, Lot 678 and 9, Block 45.01, Lots
3 1.01, 2.01, 3.01, and 4.01, Block 45.02,
4 Lot 1.01, Block 64, Lots 8 and 9, Block
5 64.01, Lots 1.01, 2.01, 3.01, Block 64.02,
6 Lot 1.01, and Block 64.03, Lot 1.01.
7 The applicant is Port Imperial
8 South, LLC.
9 Will counsel please enter their
10 appearances.
11 MR. KIENZ: Yes.
12 For the record, I am Glenn Kienz
13 from Weiner Lesniak here on behalf of the
14 applicant, Port Imperial South, LLC.
15 MR. GOULD: Thank you.
16 MR. SEGRETO: James V. Segreto for
17 a group of objectors.
18 Mr. Segreto from my office at the
19 last meeting indicated the names of the
20 particular objectors, which include the
21 Friends of Weehawken Waterfront, which is a
22 corporation, as well a dozen or so
23 individual property owners.
24 MR. DUNN: That's in the record,
25 and we don't need to have it stated again.
5
1 Thank you, Mr. Segreto.
2 MR. GOULD: Okay. Any other
3 counsel present?
4 Okay.
5 All right. Mr. Segreto, the board
6 has permitted you to defer your
7 cross-examination of Mr. Goldberg, Ms.
8 Staines and Mr. Giardino.
9 Under the rules approved by the
10 board at the last meeting, you have 100
11 minutes to cross-examine Mr. Goldberg and
12 90 minutes combined to cross-examine Ms.
13 Staines and Mr. Giardino.
14 You also have 60 minutes for
15 cross-examination of Mr. Friedman, but
16 since his direct testimony has not been
17 completed, we presume you will defer that
18 until Mr. Friedman has finished tonight.
19 MR. SEGRETO: I have the pleasure
20 of meeting my adversary today that having
21 read the transcript of Mr. Goldberg,
22 Staines and Giardino, I do not have any
23 cross-examination of them at all.
24 Mr. Friedman, as I understand it, is
25 going to continue, and upon the conclusion
6
1 of his direct testimony I will then do my
2 examination of Mr. Friedman.
3 MR. GOULD: Okay. Thank you.
4 Okay.
5 MR. SEGRETO: Forgive me.
6 It is my understanding that each of
7 the -- of them indicated that at further
8 times and meetings each of them will be
9 testifying on substantive issues, so,
10 obviously, I do not waive my
11 cross-examination as to any subsequent
12 testimony which they may give.
13 MR. DUNN: That's understood.
14 I mean, the rule is two times the
15 direct examination, so if there is more
16 direct examination, you will have two times
17 for that.
18 MR. GOULD: Okay. All right.
19 Mr. Kienz, would you like to
20 continue then with your presentation?
21 MR. KIENZ: Absolutely, Mr.
22 Chairman.
23 Mike, why don't you come up. I will
24 I make a few preliminary statements. We
25 did put a fair amount of testimony in the
7
1 last time.
2 What I want to indicate -- what I
3 would like to indicate for the record is
4 that the testimony that was presented,
5 which, basically, was some background
6 information, is also in the record. It's
7 part of the application packets that have
8 been supplied with the board.
9 Mr. Segreto was also given a copy,
10 so the application is on file. There are
11 numerous exhibits on file, including
12 corporate disclosures and other things that
13 are required under not only this ordinance
14 but under state statute.
15 That having been said, Mr. Friedman,
16 I would like to remind you that you are
17 still under oath.
18 MR. DUNN: Mr. Kienz, may I
19 interrupt you?
20 Did the board get some additional
21 copies of the exhibits from the last time?
22 MR. KIENZ: It's my understanding
23 that they did.
24 Is that correct?
25 MR. SEGRETO: They arrived on
8
1 Monday by Federal Express.
2 MR. DUNN: They arrived on
3 Monday at the municipal building.
4 MR. SEGRETO: Yes, to Mr.
5 Manchetti's attention.
6 MR. DUNN: Mr. Manchetti, did
7 you get some notebooks?
8 MR. MANCHETTI: Yes, I did.
9 MR. DUNN: We need them for our
10 -- the board's experts.
11 MR. MANCHETTI: You need them now.
12 MR. DUNN: Not now, but we will
13 need them --
14 MR. MANCHETTI: Okay. Fine.
15 MR. DUNN: -- as soon as
16 possible after this meeting. We have to
17 distribute them. I will give you a list of
18 the people to whom they have to be
19 distributed.
20 MR. MANCHETTI: Okay.
21 MR. DUNN: Thank you.
22 MR. SEGRETO: A protocol question,
23 one of the things that the applicant should
24 submit the documents, in support of the
25 application, ten days before.
9
1 I have no quarrel with this, but you
2 must understand my ability to prepare
3 depends on my timely receipt of documents
4 that will be used, and when on a Monday for
5 a Thursday meeting additional documents are
6 filed with the board, it makes it very,
7 very difficult to -- for me to adequately
8 prepare.
9 I instructed my people from time to
10 time to check as to any new documents which
11 have been submitted so we can get a handle
12 on them.
13 I bring that to my colleagues
14 attention, to see henceforth, when
15 something is filed, perhaps, he can notify
16 me so that we can make arrangements.
17 MR. KIENZ: Mr. Segreto, we did
18 much better than that.
19 At the last meeting you got what was
20 filed on Monday, and that's what I was
21 giving to you. It is, essentially, what
22 Mr. Dunn is talking about, are the thick
23 picture notebooks.
24 The board asked for additional
25 copies for its professionals. You already
Friedman - Direct - Kienz
10
1 have a copy.
2 MR. SEGRETO: You just -- what you
3 just filed we already had?
4 MR. KIENZ: Yes, sir.
5 MR. SEGRETO: Thank you very much.
6 MR. GOULD: Please continue.
7 M I C H A E L F R I E D M A N, previously sworn.
8 DIRECT EXAMINATION BY MR. KIENZ:
9 Q Mr. Friedman, I start by reminding
10 you you are still under oath.
11 Do you remember that?
12 A I remember that.
13 Q Do you want to take this?
14 A Sure.
15 MR. KIENZ: Mr. Chairman, we have
16 one mike over here. If I speak loud
17 enough, is that satisfactory?
18 MR. DUNN: You may have -- you
19 may have another mike.
20 Q Okay. Michael, you testified rather
21 extensively on the environmental history a week
22 ago. Is that correct?
23 A That's correct.
24 Q Mike, you have to keep your voice
25 up.
Friedman - Direct - Kienz
11
1 A Yes, I did.
2 Q You hold this.
3 Are you okay now?
4 A Yes.
5 Q Okay. Would you briefly summarize
6 in a minute or two what it was that you testified
7 to at the last hearing, Michael?
8 A Yes.
9 First let me introduce myself.
10 My name is Michael Friedman. I am the
11 president of EcolSciences.
12 EcolSciences is an environmental consulting
13 firm that was retained by the applicant, Port
14 Imperial South, LLC, environmental and regulatory
15 consultant.
16 Q Mike, I am going to ask you to keep
17 your voice up. It's a little tough hearing you
18 sometimes. Okay?
19 A Two weeks ago I testified utilizing
20 a series of exhibits.
21 Specifically, there is a picture up on the
22 board, and there is a photograph on the easel.
23 MR. DUNN: May we state that for
24 the record.
25 Q Mike, let's go back.
Friedman - Direct - Kienz
12
1 What board are you talking about, Steve?
2 MR. WARE: Plate 146?
3 A Plate 146 is in front of us this
4 evening on the photographic screen, and Exhibit 5
5 is on the board right in front of us -- right in
6 front of me. Excuse me.
7 Q Michael, I would like you to go back
8 and state what A-5 is for the record, please.
9 A A-5 is an aerial photograph of the
10 approximate property which I will be talking to
11 tonight.
12 Specifically, this photograph was taken on
13 April 28, 1947, and my testimony several weeks ago
14 and part of my testimony this evening will utilize
15 this exhibit to show the planning board and you,
16 the members of the public, what this particular
17 property looked like in this period of time when
18 it was in reasonably heavy industrial and railroad
19 usage.
20 During the intermission if you have an
21 opportunity to come up here and look at this
22 photograph, what you will see and what is,
23 essentially, depicted up on the photograph on the
24 board in front of us this evening is a site that
25 is heavily utilized by railroad operations, the
Friedman - Direct - Kienz
13
1 piers, which are coal piers, and in certain areas,
2 which we now understand is the property in
3 question, we have openwaters.
4 I will attempt during my discussion this
5 evening to utilize a laser pointer to assist all
6 of us with following the areas that I am talking
7 about.
8 Q Okay. You are going to start
9 talking about some areas of concern, Michael?
10 A Well, I am going to spend one more
11 moment trying to recap my testimony of two weeks
12 ago leading up to where I stopped.
13 Port Imperial South, LLC, entered several
14 years ago into what is known as a Memorandum of
15 Agreement with the NJDEP, New Jersey Department of
16 Environmental Protection, in order to undertake a
17 remediation of what is known of this property,
18 and, generally speaking, this property is known as
19 a brownfield site, and this site in particular is
20 one that currently has environmental contaminants
21 throughout and is thought to be able to be cleaned
22 up.
23 The Memorandum of Understanding provides a
24 process, a very logical and scientific process
25 through which a site is studied, evaluated from an
Friedman - Direct - Kienz
14
1 environmental standpoint, and then solutions are
2 brought forward and ultimately implemented to
3 clean up the contamination to the extent that one
4 can redevelop the property.
5 The reason that a Memorandum of Agreement
6 is entered into is, from an applicant's standpoint
7 and from the state's standpoint, there is a
8 substantial amount of state oversight reviewed by
9 state bodies.
10 So the various and sundry reports, which I
11 will be describing this evening and throughout my
12 testimony, are reports that either have been or
13 will be submitted to the State of New Jersey for
14 their review and ultimate approval.
15 I am not going to repeat my testimony of
16 two weeks ago in its entirety, but where I left
17 off was we have already submitted to the state two
18 documents, one known as a PA or Preliminary
19 Assessment, and a second document known as an RIW
20 or Remedial INvestigation Workplan.
21 The focus and the function of the first
22 document, Preliminary Assessment, was to identify
23 any areas on this property which are in the
24 vernacular known as areas of concern. We
25 evaluated the historical area in the photos
Friedman - Direct - Kienz
15
1 similar to the ones that we see in front of us.
2 We evaluated other types of historical mapping.
3 We evaluated existing reports that have
4 been done through several years. We conducted
5 site investigations. We spoke to people in town
6 hall, at the state and on various and sundry data
7 sources, and what we have identified was a series
8 of 14 areas known as areas of concern.
9 These areas are potential environmental --
10 they are areas that potentially can provide
11 contamination to the site, simple areas that we
12 see readily on the photographs, and I will go
13 through each of those 14 areas of the railroad
14 operations.
15 By using the pointer, the area -- and,
16 again, during the break you may want to come up
17 here and take a look at these photographs in
18 detail.
19 The areas in here are full of railroad
20 tracks. That's the same -- I am showing the same
21 general area on the photograph above our heads, so
22 in the 1940s through the fifties, vast sections of
23 this property were encumbered by railroad
24 operations.
25 Once we have identified -- and once we, in
Friedman - Direct - Kienz
16
1 fact, have identified these areas of concern, we
2 reviewed the existing data base with respect to
3 sampling, and on this particular property there
4 were substantial efforts undertaken prior to the
5 involvement of this particular happening to
6 diagnose and assess the conditions of the
7 property.
8 We made certain determinations that the
9 work done prior to our getting involved was not
10 sufficient in order to characterize the existing
11 conditions of the property, so that we propose
12 additional sampling work, and that was a function
13 of the second document which I referred to, the
14 Remedial Investigation Workplan.
15 That, essentially, was a scientific
16 cookbook which was presented to the State of New
17 Jersey and ultimately approved, which outlined
18 those tests, which would be undertaken in order to
19 evaluate the areas of concern I identified.
20 What I have in front of me tonight, in
21 front of you, is this Exhibit A-5, with a series
22 of red circles, and the red circles are numbered,
23 and the purpose of the red circles is to generally
24 identify, not specifically, but generally identify
25 the areas of concern which we identified on the
Friedman - Direct - Kienz
17
1 property, and I mentioned before -- I mentioned
2 before that there were 14 of them.
3 I will run through and summarize those 14
4 areas, and then I will point out a number of them
5 on the board for you to take a look at.
6 Q So what's the first one, Michael?
7 A The first four are related to
8 railroad operations. There were railroad sidings,
9 railroad coal piers and trestle areas, railroad
10 maintenance buildings, and railroad oil houses,
11 the various and sundry operations related to
12 railroads.
13 MR. DUNN: Are they numbered on
14 the map Nos. 1 through 4?
15 THE WITNESS: They are not numbered
16 -- they are numbered on the map, yes, but
17 not one through four as I just enunciated
18 them.
19 Item No. 14, which is this
20 particular dot here, which on the map above
21 you is in an area right around here just to
22 the north of Pershing Road, is the location
23 of the historical railroad roundhouse, an
24 area where railroad cars and trolleys were
25 taken -- not trolleys -- where railroad
Friedman - Direct - Kienz
18
1 cars were taken for repair.
2 That is an area of concern and,
3 specifically, what will follow will be an
4 identification of sampling locations in
5 that general local.
6 A fifth area and a sixth area of
7 concern that we identified were certain
8 miscellaneous form of buildings, buildings
9 that might have been or will be associated
10 leading to potential contamination, and an
11 example would be an electrical machinery
12 operation, in this particular case known as
13 the JL Land, Incorporated, building, and a
14 building such as that was identified as the
15 area of concern because electrical
16 operations are oftentimes associated with
17 PCBs, and PCBs are a hazardous substance,
18 and, therefore, the identification of that
19 area led to additional testing in and
20 around that former location -- where that
21 former location was.
22 The seventh area was a boiler house.
23 It was a boiler house related to
24 utilization of where residual coal ash was
25 utilized in the boiler house.
Friedman - Direct - Kienz
19
1 I will now just summarize the
2 remaining areas of concern.
3 We had a former coal gas plant, a
4 coal or a coal gas house, which was located
5 in the vicinity that I had pointed out just
6 previously at the railroad roundhouse.
7 The ninth area was a transformer
8 building. Again, electrical transformer
9 houses on the site and transformer
10 buildings are oftentimes associated with
11 PCBs, again, as I mentioned before, a known
12 hazardous substance.
13 There was a series throughout this
14 property, as there are throughout many
15 properties along the waterfront, a series
16 of aboveground and belowground storage
17 tanks, storage tanks containing things from
18 oils, vegetable oils, gasoline, kerosene,
19 diesel fuel, and all the kinds of
20 substances that one would normally ascribe
21 to and attribute to the type of industrial
22 operations used throughout this property
23 and other properties of this type.
24 Q Michael, was there molasses kept on
25 this site?
Friedman - Direct - Kienz
20
1 A Well, adjacent to the property or
2 right on the property in some cases, it's somewhat
3 difficult to spot where these were, there was a
4 consolidated molasses company, so in my particular
5 location, there were above and underground tanks
6 relating to molasses.
7 The entire site, as I indicated in my
8 direct testimony two weeks ago, is known as
9 historic fill. The site consists of what in New
10 Jersey we consider historic fill, and historic
11 fill are -- consists of materials, coal, ash,
12 cinders, and in some case chromium oar, processing
13 waste that have constituents above resin -- above
14 having concentrations above acceptable residential
15 criteria, and so we tested for chemical
16 composition of the historical fill of this
17 property.
18 There are two areas on the site that are
19 known as depositors of chromium waste. As some of
20 you may know and as I will describe, throughout
21 Hudson and Essex County there are approximately
22 160 known chromium waste sites.
23 Those sites are under study by the New
24 Jersey Department of Environment Protection, and
25 directly south of this site we have what is known
Friedman - Direct - Kienz
21
1 as Site 147, which is one of the identified 160
2 sites, and there is a small site located directly
3 south of Pershing Road.
4 I think it's important for me to point out
5 that these two sites occupy the minority of the
6 aerial extent of this property, and I will talk
7 more about them as my testimony goes on.
8 And the last of the 14 areas of concern
9 identified were what is known as PCB hot spots,
10 and the reasons they are called "hot spots" is for
11 no other reason than the historical data base that
12 we reviewed and identified the location of three
13 specific discrete locations of PCB samplings that
14 exceeded residential criteria, so that we
15 identified those areas so that they can be
16 resampled and dealt within an appropriate manner.
17 Once we concluded the identification of
18 these areas, which, again, are displayed on
19 Exhibit A-5, in general terms, and we put together
20 a sampling plan, which, as I mentioned, is called
21 a Remedial Investigation Workplan, and once that
22 workplan was approved by the State of New Jersey,
23 which it has been, we implemented a sampling
24 program.
25 The implementation of the sampling program
Friedman - Direct - Kienz
22
1 covered several months of work, and we collected
2 on the order of five to 600 samples. That work
3 has been done over a number of months and has just
4 recently been completed.
5 The results from all that sampling data are
6 not yet in our office. Some of it is, the vast
7 majority is not, and the next step in the process
8 is a tallying of this information and ultimately
9 the submission, the tabulation of this information
10 into a report called a remedial investigation
11 report, again, a document which will be submitted
12 to the State of New Jersey, and then, most
13 importantly, the next phase in our project is the
14 design of the remediation plan.
15 Once -- once we come to grips with what we
16 have on the property, the levels of contamination,
17 where the contamination is, then we can come to
18 grips with the solution.
19 I am talking about in the abstract, and, in
20 fact, I really should to you and to the planning
21 board, I mentioned in my testimony last time this
22 is a brownfield site.
23 The solution to the problems and the
24 problems -- when I use the word "problems," I am
25 talking about existing levels of contamination
Friedman - Direct - Kienz
23
1 that we have seen historically and that we are
2 reconfirming from the data we are collecting on an
3 ongoing basis, is a capping of the site, and by
4 "capping," again -- I used this term two weeks ago
5 -- I am talking about the placement of soils or
6 building foundations and roads over the entire
7 property.
8 When I say the "entire property," I am
9 excluding the open space areas of 20 to 30 acres
10 that was described by an earlier witness along the
11 Palisades and the Palisades escarpment.
12 The sampling that I just mentioned, the
13 collection of the several hundred samples, was
14 done in a very systematic and scientific approach,
15 and specifically four different approaches we used
16 for the collection of those samples or for the
17 design of the sampling program.
18 Q Did you do some bias sampling?
19 A The first area is known as bias
20 sampling, where I identified, as an example, a PCB
21 hot spot or a railroad roundhouse. We sampled in
22 those specific areas.
23 Q "Bias sampling" means what?
24 A "Bias sampling" means we biased our
25 sampling.
Friedman - Direct - Kienz
24
1 We went -- we sampled in this specific
2 location, we took six or eight samples on the
3 perimeter of the railroad roundhouse.
4 We went to the PCB hot spot, and we sampled
5 in a logical fashion around that particular spot,
6 and the reason being to try to document whether we
7 had or whether we didn't have and if we did have
8 levels of contaminants that may be above
9 residential standards or the standards in the
10 State of New Jersey.
11 Q What about a systematic grid
12 sampling, what area did you do one of those in,
13 Michael?
14 A The area of the grid sampling was in
15 the southern portion of the property.
16 As I mentioned earlier, we have a known
17 chromate oar processing site located south,
18 immediately south of the property, not on the
19 property, but south of the property.
20 The prior sampling identified residual
21 amounts of chromium oar on the southerly most
22 portions of the property, and what we did is we
23 carried forward the prior sampling protocols
24 agreed upon and established by the State of New
25 Jersey onto our property.
Friedman - Direct - Kienz
25
1 I am specifically talking about this
2 general area here, so on 100-foot centers we -- we
3 collected samples so that we would have a pattern
4 that was consistent with the prior pattern
5 conducted and established by the state.
6 Q How about chip samples, Michael?
7 A Certain parts of the property, as
8 many of you know, certainly better than I because
9 you live in this municipality, are covered by
10 asphalt, and yet we need to sample below and
11 through those particular areas, and so where we
12 have large areas in this particular area --
13 Q Michael, by that "particular area,"
14 would you give me a number from one of your dots.
15 A Well, the dot -- it shows dot 16,
16 but I think all of us would recognize this area as
17 the parking facility for the ferry terminal today.
18 Q I just want to make sure everybody
19 is clear.
20 Are those dots on the original aerial
21 picture?
22 A No, I put those dots on subsequent
23 to my last testimony.
24 Q Were those yellow lines on the
25 original aerial picture? Did you add those, too?
Friedman - Direct - Kienz
26
1 A No, the yellow lines were there two
2 weeks ago, and they basically depict the 90 plus
3 or minus acre property that I am discussing this
4 evening.
5 Q It's the boundaries basically?
6 A Boundaries basically, excluding the
7 boulevard.
8 Q You added those dots for ease of
9 reference in your testimony. Is that correct?
10 A That's correct. Specifically so
11 after my discussion with the public and the
12 planning board members can come up to the drawing
13 and look and see visually what I was talking
14 about.
15 So my response to chip sampling, in areas
16 where we have certain parts of the property
17 covered by asphalt, we, in fact, chip up the
18 asphalt and took a sample immediately below the
19 interface of the asphalt and the native soil or
20 the native materials. They really aren't soils.
21 Q Did you review some historic fill
22 also?
23 A Yes.
24 Q Yes.
25 A There was -- as I mentioned earlier
Friedman - Direct - Kienz
27
1 this evening, there is a substantial body of
2 existing information available that described the
3 existing condition to the property. Virtually the
4 entire property, as I discussed and identified in
5 my testimony two weeks ago, consists of fill
6 material.
7 Much of this site was previously the Hudson
8 River, and over a period of 100 years through the
9 construction of the railroads, construction of the
10 industrial operations, the site has been filled
11 in, and we conducted corroborative sampling to
12 insure that the constituents of the fill material
13 met the essential criteria of the State of New
14 Jersey so that we might be able to encapsulate and
15 remediate the site in accordance with accepted
16 procedures in the state, so by utilizing the 14
17 areas of concern, which I identified by adopting a
18 scientific principle, scientific principles to
19 collect samples we were able to, we were able to,
20 to the best of our satisfaction, and equally as
21 important to the satisfaction of the State of New
22 Jersey, collect a series of samples which
23 characterize the conditions of the property.
24 Q Michael, could you please discuss
25 remediation of various areas of the concern and
Friedman - Direct - Kienz
28
1 what you do about them?
2 A Two weeks ago the architects for the
3 project, the Martin Architectural Group, presented
4 a depiction of what the ultimate site will look
5 like, a general site plan.
6 As those of you will recall, vast portions
7 of this property will be covered by buildings and
8 by roadways. The ultimate solution, the ultimate
9 remediation of this property will be accomplished
10 by the imposition of a cap over the entire
11 property, the entire property short of the area of
12 the open space within the Palisades, essentially,
13 by that the steepest escarpments coming down on
14 the westerly portions of the property. The cap
15 will consist of one of three designs, if you will.
16 In one case we will utilize roads and
17 building foundations and the buildings themselves
18 as the cap.
19 The second and third type of cap designs
20 are the utilization of permeable and/or
21 impermeable membranes overlaid by a soil layer.
22 The vast majority of this site we will use a
23 permeable. That means water flowing through,
24 through from above to below and from below to
25 above, overlaid by a soil area, and discrete areas
Friedman - Direct - Kienz
29
1 of the property, those areas where we confirm we
2 have oar ways, we will use an impermeable barrier,
3 so there will not be any transport of water either
4 downward or upward.
5 The -- once the design of the cap is
6 finalized and once the design of the project is
7 finalized, those two elements combine together to
8 form what is known as a Remedial Action Workplan,
9 RAW.
10 The RAW will in turn be submitted to the
11 state. It's submitted to the state for review,
12 not only for a review of the technical merits, but
13 also will include what is known as an
14 institutional control.
15 I have described the engineering control.
16 It goes hand in hand with the engineering control
17 known as an institutional control or as the site
18 calls it a deed notice.
19 A deed notice is a notification to the
20 municipality, to you, the citizenry, of Weehawken
21 as to what the constituents remaining in the soils
22 are or in the ground is. It identifies what
23 constituents are there above the standards in the
24 state, the location of those constituents, and
25 acts as notification to prospective purchasers.
Friedman - Direct - Kienz
30
1 Perhaps the most important element of the
2 process that I have talked about is the
3 implementation of the remediation. I am going to
4 ask that a series of slides be shown, which I will
5 briefly narrate, and I think members of the
6 planning board can turn around because I don't
7 think I will be talking for more than a couple of
8 moments.
9 Q I want to indicate what we are
10 referring to now has already been submitted. It's
11 in the book that was given out last week.
12 MR. DUNN: It was marked as
13 Exhibit A-2.
14 MR. KIENZ: That's correct.
15 MR. DUNN: And we have sworn the
16 operator of the equipment, and he will
17 state for the record which plate we are
18 talking about in A-2 that goes on the
19 screen.
20 MR. KIENZ: Okay. Mr. Ware.
21 MR. WARE: Plate 148.
22 THE WITNESS: What you are seeing
23 now is an example of the property
24 immediately north of the Port Imperial
25 South property, and this is a landing at
Friedman - Direct - Kienz
31
1 Port Imperial North, and it's an example of
2 a cap as I described as a building
3 foundation, and under that foundation you
4 have an impervious membrane. In essence,
5 that foundation acts as a cap for that
6 portion of the property.
7 MR. WARE: Plate 149.
8 THE WITNESS: What we see here is,
9 in fact, the membrane being installed
10 adjacent to one of the structures also on a
11 portion of Port Imperial North, and there
12 will be soil placed on top of that
13 membrane.
14 As you can see, that individual is
15 approximately six-three, six feet three
16 inches. He is a member of my staff, so I
17 do know who it is, and so there is
18 approximately six feet from the base to the
19 first-floor elevation there.
20 MR. WARE: Plate 150.
21 THE WITNESS: The next step --
22 these, of course, are in sequence -- the
23 next step in the implementation of the
24 remediation of the cap is the layering of
25 clean soil, and I should say because it's
Friedman - Direct - Kienz
32
1 quite important that the soil utilized over
2 the cap is clean soil.
3 It's clean by one of two
4 definitions. It is either a soil from a
5 virgin source; i.e., a source that has not
6 been utilized in any construction activity,
7 or it's soil that has been tested following
8 a series of rather discrete protocols
9 established by the state to insure that the
10 soils do not contain any toxic materials or
11 contaminants above state standards.
12 Next one.
13 MR. WARE: Plate 151.
14 THE WITNESS: The next slide shows
15 a soil cap in a graded -- in a graded
16 condition awaiting final landscaping.
17 What this particular picture is
18 trying to show, what I am trying to
19 describe, is that the landscape where the
20 building is is immediately adjacent to the
21 areas that are landscaped, and there are no
22 breaks in the cap, so the remediation of
23 the Port Imperial North site ultimately the
24 remediation of the Port Imperial South side
25 will be a continuous layer. There are no
Friedman - Direct - Kienz
33
1 breaks, and the obvious point of the
2 exercise and the implementation is to
3 insure that the entire site is capped.
4 MR. WARE: Plate 152.
5 THE WITNESS: This is a view of a
6 capping after total completion, and, again,
7 we have a photograph of a section of Port
8 Imperial North.
9 We can see a view of the cap area
10 after final landscaping has been
11 established. There is the establishment
12 and maintenance of vegetation, are
13 necessary for the long-term integrity of
14 the cap.
15 The New Jersey Department of
16 Environmental Protection requires annual
17 inspections of the cap, reports of those
18 inspections to be submitted, again, on an
19 annual basis.
20 MR. WARE: Plate 153.
21 THE WITNESS: Plate 153 is the view
22 along the waterfront area prior to -- prior
23 to the cap construction.
24 The cap of the remediation in this
25 area will consist of an impervious river
Friedman - Direct - Kienz
34
1 walk and adjacent landscaped area.
2 Why don't we segue into the next
3 photograph.
4 MR. WARE: Plate 154.
5 THE WITNESS: This is, I believe,
6 the same photograph but in a state of
7 remediation.
8 It's a river walk showing the
9 installation of the soil cap along its
10 western side.
11 This cap extends from the edge of
12 the walkway to the edge of the building,
13 and the white fabric that we see on the
14 white side of that photograph was, in fact,
15 the impervious membrane.
16 MR. WARE: Plate 155.
17 THE WITNESS: This is a river walk
18 area after the landscaping.
19 Do we have one more plate after
20 this?
21 MR. WARE: Right.
22 THE WITNESS: Why don't we go to
23 the next plate.
24 MR. WARE: Plate 156.
25 THE WITNESS: What we see here is
Friedman - Direct - Kienz
35
1 the river walk area after the landscaping
2 has been completed. Again, maintenance of
3 the vegetation and the monitoring of that
4 area is required on an annual basis by the
5 department.
6 Q Michael, did you take these
7 pictures?
8 A A member of my staff took these
9 pictures.
10 Q But you are familiar with the site.
11 Is that correct?
12 A I am familiar with the site that I
13 have -- that the photographs are from, yes.
14 Q They accurately depict what is
15 there. Is that correct?
16 A Yes, they do.
17 Q Okay.
18 A Along with the remediation, the
19 anticipated remediation of the Port Imperial South
20 property or in the case of the slides that I have
21 just shown you, the actual remediation of the Port
22 Imperial North property, and, again, I can't
23 highlight what I am going to say next more
24 significantly, is the mandate by the State of New
25 Jersey that there be a health and safety officer
Friedman - Direct - Kienz
36
1 on the site during the remediation on a full-time
2 basis, and when I say a "full-time basis," it's
3 during the entirety of the construction for land
4 preparation to finality of the installation of the
5 cap.
6 The intention of the health and safety
7 officer is multiple fold. As one can imagine, I
8 am sure you as the citizens of Weehawken
9 witnessed, there are substantial amounts of soil
10 movement on the property. The soils need fill
11 materials, I discussed, being brought in.
12 One of the functions of the health and
13 safety officer is to insure the integrity of that
14 material being brought in to insure, in fact, that
15 material is manifested, that it has paper, that it
16 is, as I mentioned earlier, either from a virgin
17 source or it has papers that show that it is
18 clean.
19 Soils today in the State of New Jersey are
20 a commodity. They are bought and they are sold,
21 and they are quite valuable.
22 Once that soil pile is on the site, one is
23 concerned about cross contamination. Since we are
24 dealing with a property with, essentially, total
25 contaminated soils and we are bringing clean soils
Friedman - Direct - Kienz
37
1 in, we have to concern ourselves that there be no
2 cross contamination and that the soils utilized in
3 the remediation process are not the soils that are
4 the ambient or the existing soils.
5 So the health and safety officer functions
6 in that capacity. He functions in the capacity
7 that during construction he monitors control.
8 One of the major health concerns during the
9 construction period, essentially, is dust control,
10 is maintained by the utilization of a water truck,
11 and, again, those of you who live down here
12 probably are familiar seeing water trucks on the
13 Port Imperial North property, and that same
14 protocol will be used during construction of this
15 particular project.
16 Q Who also oversees this process,
17 Michael, as it's going on?
18 A Importantly, and I have been silent
19 for a moment, the State of New Jersey, as I
20 mentioned earlier, has a role throughout the
21 entire process.
22 During the construction process, not just
23 in response to the submissions done by our office
24 or by the consultants for the applicant, a case
25 manager has been assigned for the last several
Friedman - Direct - Kienz
38
1 years and had been assigned until the project
2 reaches its completion, so the case manager for
3 the department will come out on a periodic basis
4 to monitor the implementation of the remediation
5 plan.
6 Once this plan is completed as I have
7 shown, and as we have seen on some of these
8 photographs, a report is prepared, a remedial
9 action report. That's a report which documents
10 photographs through writing, through manifest
11 information, that the cap has been completed in
12 accordance with an approved plan. That report is
13 submitted to the state.
14 Once that report is reviewed and approved,
15 the state issues in finality what's known as a
16 no-further-action letter, and a no-further-action
17 letter is, essentially, no further action
18 represents the end point in the remediation
19 process.
20 Q Okay. And that means that the state
21 agency, which is in control, says, "You are
22 finished. You have done everything we have asked
23 you to do." Is that correct?
24 A That's correct. That's correct, and
25 these -- all these reports that I have identified
Friedman - Direct - Kienz
39
1 and all these steps, all these reviewed procedures
2 are outlined. They exist already in written form
3 in what I refer to as a Memorandum of Agreement,
4 MOA, and that document was signed and entered into
5 during the year 1997.
6 Q Okay. When the state issues a
7 no-further-action letter, what does that mean in
8 regular terms, so everybody understands, what's
9 the state saying?
10 A That means the existing conditions
11 of the site, which I have described over my last
12 testimony and this evening, which is in a
13 condition of existing contaminants and historic
14 fill throughout the site, has been effectively --
15 has been effectively cleaned up through a
16 remediation process, and the state has agreed that
17 the characterization of the site and, ultimately,
18 the capping of the site has been done so that a
19 development can be accessed by the public.
20 In this particular case, we have the
21 development that will be accessed by the public
22 living here, the public working here, the public
23 purchasing retail establishments and, equally as
24 important, the public that will utilize portions
25 of this property for public park facilities, so
Friedman - Direct - Kienz
40
1 they are saying by issuance of their letter, the
2 ultimate intended uses of this property can
3 proceed forward in a safe fashion.
4 Q Is there anything else you want to
5 say before turning to the actual EIS and existing
6 conditions on the site?
7 A No.
8 Q Okay. Michael, would you please
9 describe the current site characteristics, and I
10 guess what we should do, Mr. Chairman -- this is
11 part of the record, it's in everybody's box,
12 everyone has a copy of it -- but we are now up to
13 the Environmental Impact Statement for Port
14 Imperial South at Weehawken prepared by
15 EcolSciences.
16 Do you want another copy marked even though
17 it's part of the boxes? How do you want to handle
18 that?
19 MR. SEGRETO: I would like to have
20 it marked, Mr. Kienz.
21 MR. KIENZ: I believe we are up
22 to Exhibit A-8.
23 Is this your copy?
24 THE WITNESS: Yes.
25 MR. KIENZ: Do we have the
Friedman - Direct - Kienz
41
1 official box? It's the record. Are we
2 going to put another copy so it doesn't get
3 confused? How do you want to do it?
4 MR. DUNN: I don't have the box
5 here.
6 THE WITNESS: This is like the
7 teacher's copy.
8 MR. DUNN: Does that have
9 markings on it?
10 THE WITNESS: Yes, I would prefer
11 not to leave this.
12 MR. KIENZ: This one is marked,
13 too.
14 MR. DALY: Take yours.
15 MR. KIENZ: Mine is marked, too.
16 Do you have one in the box?
17 We can mark this.
18 Mr. Dunn, I thought we were going to
19 have the box here. I am going to mark this
20 one, and we are going to swap it. This one
21 just has a couple of circles that I made in
22 it, but, for the record, we can mark this
23 as A-8 for the time being.
24 MR. DUNN: Fine. We will swap
25 it. If we were in the municipal building
Friedman - Direct - Kienz
42
1 we would have had the boxes.
2 MR. KIENZ: Okay. So, for the
3 record, a copy of the report has been
4 marked as A-8, and we will just swap it
5 because it's in the official record of the
6 board.
7 Is that acceptable, Mr. Segreto?
8 MR. SEGRETO: I am sorry.
9 MR. KIENZ: Is that acceptable?
10 MR. SEGRETO: To --
11 MR. DUNN: The Exhibit A-8 is
12 the Environmental Impact Statement for Port
13 Imperial South at Weehawken, Weehawken
14 Township, Hudson County, New Jersey.
15 I think you have a copy of it in
16 your box of materials. Do you?
17 MR. SEGRETO: Uh-huh.
18 MR. DUNN: Okay. And do you
19 have any objection to marking this as
20 Exhibit A-8?
21 MR. SEGRETO: Not as an exhibit.
22 When he offers it into evidence I
23 will have a voir dire, obviously.
24 MR. DUNN: Okay.
25 MR. KIENZ: Okay.
Friedman - Direct - Kienz
43
1 Q Michael, would you please describe
2 the existing site conditions and site
3 characteristics.
4 A As a preference to my answer to --
5 answer to that question, the testimony that I am
6 giving now is contained and in large part
7 summarizes the Environmental Impact Statement I
8 prepared for this project by my firm.
9 MR. SEGRETO: Excuse me for
10 interrupting.
11 Is the chairman still with us?
12 MR. GOULD: He is sitting out
13 here.
14 MR. TURNER: I am sitting over
15 here. I didn't want to turn around.
16 MR. SEGRETO: I wouldn't want to
17 proceed without him. If he is not here,
18 the record ought to reflect it, but he is
19 here.
20 THE WITNESS: This document we
21 prepared, as I mentioned, by my firm in
22 accordance with the Township of Weehawken's
23 ordinance -- environmental ordinance --
24 pardon me -- but I don't know the section
25 number off the top of my head -- and is
Friedman - Direct - Kienz
44
1 intended to be reviewed in concert with the
2 various other submissions, which you will
3 be hearing from subsequent witnesses,
4 particularly, the set of engineering plans
5 prepared by Paulus, Sokolowski and Sartor
6 architectural materials, traffic report and
7 a land use or socioeconomic report prepared
8 by other experts, who will be following me
9 in various and sundry portions of
10 testimony.
11 Mr. Kienz, in answer to your
12 question, the property, although it's been
13 referred to as a 90-plus-or-minus-acre
14 property, in fact, consists of
15 approximately 200 acres, with a little more
16 than half of it under water under the
17 Hudson River.
18 MR. DUNN: Hold on.
19 Q Hold on, Michael.
20 MR. GOULD: Okay.
21 THE WITNESS: Okay. Without 110
22 plus or minus acres under the Hudson River
23 in repairian state and the balance of 90
24 plus or minus acres of uplands.
25 As I mentioned two weeks ago, I
Friedman - Direct - Kienz
45
1 touched on this this evening, the vast
2 majority of this property is the 90 acres
3 other than those portions that are the
4 Palisades escarpments that have been filled
5 in during the period of the late 1800s,
6 from about 1900 to the present date
7 primarily through railroad operations, and
8 as one looks at Exhibit A-5, one looks at
9 the southerly portion of the property, one
10 still sees portions of the Hudson River.
11 I am showing that area with my right
12 hand.
13 Q Michael, would you start at the top
14 of the Palisades and let's just describe the
15 topography a little bit.
16 A The sites northly boundary is the
17 Township of Weehawken with the town of West New
18 York, and I am running the laser light along the
19 property line.
20 MR. SEGRETO: Mr. Chairman, I would
21 like to interpose an objection.
22 It is my understanding that the only
23 expertise this gentleman has as reflected
24 in the record, is as a biologist. He is
25 not an engineer.
Friedman - Direct - Kienz
46
1 For him to opine or describe the
2 topographic characteristics of the land is
3 an engineering function. He is not
4 qualified to do it, and I would
5 respectfully object and direct that any
6 testimony he gives be limited to his field
7 of expertise. He is not a licensed or a
8 graduate engineer.
9 MR. KIENZ: Could I respond?
10 MR. DUNN: Sure.
11 MR. KIENZ: I think in general
12 terms any common man can decide when he is
13 standing at the top of the Palisades, when
14 there is a cliff and when there is filled
15 land. He is not getting into technical
16 merits.
17 He is trying to respond to
18 requirements under your ordinance for
19 describing just in general terms of
20 topography, of vegetation, of wildlife, of
21 other things like that. It's just in
22 general terms. He is responding to
23 requests and requirements of your
24 ordinance, so I object.
25 MR. DUNN: He is testifying as
Friedman - Direct - Kienz
47
1 to his observations. Is that correct?
2 MR. KIENZ: Absolutely.
3 Mr. Dunn and the board can give it
4 as much weight as they want. You are the
5 hearers of the fact. This isn't a jury.
6 MR. SEGRETO: I take it this is
7 fact testimony as opposed to expert
8 testimony now.
9 MR. DUNN: The man is an expert
10 in environmental -- he is an environmental
11 expert, and one of the things that
12 environmental experts do is to prepare
13 Environmental Impact Statements.
14 He is testifying to the content of
15 his Environmental Impact Statement, which,
16 I take it, is based both on his -- his --
17 both on his observations of the property
18 and his experience as an environmental
19 scientist.
20 Q You can continue, Michael.
21 A The westerly -- I described the
22 northerly extent.
23 The southerly extent of the property, I am
24 pointing right now to the air shafts of the
25 Lincoln Tunnel, so we are south, the southerly
Friedman - Direct - Kienz
48
1 extent of the property is just south of the
2 Lincoln tunnel right-of-way.
3 The westerly extent of the property is the
4 Palisade escarpment at a high elevation with
5 slopes that are substantially in excess of 25
6 percent.
7 The vast majority of the land, certainly
8 the land we discussed in this application, is
9 relatively flat topography and pans out to the
10 Hudson River, the shoreline of the Hudson River.
11 Q What terrestrial natural communities
12 are located on the site, Michael?
13 A As all of you undoubtedly know and
14 as I know from being on the property, the site,
15 much of the site's history was as an industrial
16 site.
17 There is very, very little native natural
18 vegetation. There is scrubby, weedy vegetation on
19 the southerly portions of the site, and there is
20 some intertidal vegetation along the borderline
21 with the Hudson, the Hudson River.
22 There are virtually no native vegetative
23 communities on the property. We don't have
24 wetlands on the property. We don't have the kinds
25 of communities that one looks at, stands of native
Friedman - Direct - Kienz
49
1 mature trees. Clearly, the Palisades is
2 vegetative.
3 As I talk this evening, as I talk through
4 the Environmental Impact Statement, the area of
5 the Palisades will remain as open space, so none
6 of those areas will be impacted by the project, so
7 I will say that now. I will probably say that one
8 or two more times.
9 Q What's the next area you want to
10 talk about, Michael?
11 A I think I will run through a number
12 of the areas in consecutive order. It sets the
13 stage for, ultimately, what the impact of this
14 property is, and that's the point of this portion
15 of my testimony.
16 Soils, this site, essentially, has no
17 native soils. In fact, Hudson County doesn't even
18 have a soil -- a soils map, a map traditionally
19 put together by the Soil Conservation Service for
20 counties throughout the State of New Jersey.
21 The reason is, in this particular case,
22 there are no native soils, and what we have is,
23 essentially, known as urban land, land that has
24 been reworked or, in this case, artificially put
25 in place.
Friedman - Direct - Kienz
50
1 Q I am sorry, Michael, who came up
2 with the term "urban land"?
3 A "Urban land" is a term utilized by
4 the Soil Conservation Service.
5 It's a term of art. It's not a term that I
6 coined or EcolSciences coined. It's a term that's
7 used throughout the Soil Conservation Service
8 soils manuals in the State of New Jersey.
9 Q And what exactly does "urban land"
10 mean as a soils classification?
11 A Nonnative land, soils that had been
12 reworked or manned manipulated showing no original
13 characteristics of apparent material.
14 Q Okay. Now, I believe you already
15 described the topography.
16 Is there anything else you want to say
17 about that?
18 A No. There were historic borings on
19 the site and allows us to conclude that the fill
20 material is approximately 35 to 45 feet deep, and
21 that's been certainly borne out through the
22 observations that we have made in taking our
23 samples.
24 I want to talk -- and, again, as I
25 mentioned, I will go through the various
Friedman - Direct - Kienz

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