Hudson River Waterfront Conservancy of NJ, Inc.

03/01/2017

Elizabeth Dragon, Chief
Bureau of Coastal and Land Use Compliance & Enforcement
401 East State Street, 4th floor east wing
P.O. Box 420
Trenton, New Jersey 08625

Mr. Christopher Jones, Manager
Bureau of Urban Growth & Redevelopment
Mail Code 501-02A
PO Box 420
Trenton, NJ 08625-0420
Mr. Kevin O'Conner
Planning Department
Town of Edgewater
55 River Road
Edgewater, NJ 07020

Mr. John Condelmo
Town of Edgewater
Building Department
55 River Road
Edgewater, NJ 07020

Steve Curry
Fire Department
Town of Edgewater
838 River Road

Dear Sir and Madam,

I represent the Hudson River Waterfront Conservancy (HRWC) which works with the NJDEP to
oversee the construction and maintenance of the Hudson River Waterfront Walkway (Walkway). We
understand that the owner of the parcel identified as Block 70, Lot 4.02, which comprises the lot serving
what will be identified as "Binghamton II" (the "Site") has been granted a permit to redevelop a barge
and restaurant facility which is appurtenant to the Site and the Walkway, and relies on the Site and the
Walkway for access.

We understand that the Site has entered into an agreement to use or otherwise rely on sharing
parking spaces located on Block 75, Lots 2.02 and 4.02 and Block 70, Lots 4.01, 4.02 and 5.01 (to be
referred to as the "Shared Parking"). The Lots comprising Block 75 are adjacent to The Marketplace and
Trader Joes and are referred to herein as "Marketplace Parking".

Several years ago, the Marketplace Parking was underutilized. However, as a result of the
successful retail development at the Marketplace, the Marketplace Parking is at full capacity most of the
day and through at least the early evening. In fact, as evidence by a recent photograph taken from in
front of the Chase Bank at northern edge of The Marketplace looking north, (taken at approximately
11:00 AM, Friday, January 27, 2017--a period of modest retail traffic), there are no available parking
spaces at the Marketplace Parking (except for only one with a "15 Minute Limit" for bank business).
Thus, as can be seen, parking for The Marketplace and surrounding users, such as Trader Joe's and The
Edgewater Plaza office building, spills over to the Site and beyond onto Block 70.

Based on the facts-on-the-ground, it is clear that the Site will not be able to rely on parking
spaces from the Marketplace Parking to meet the needs of its proposed development for Binghamton II.
Note that contrary to Petitioner's claim before the Town of Edgewater Planning Board, Trader Joes, the
restaurants and a number of the others establishments at The Marketplace are busiest during the same
evening hours as the Petitioner's proposed facility.

The Site will have to rely almost entirely on the parking at Block 70, Lots 4.01 and 5.01
("Northern Available Parking") to meet the needs for its proposed development. The Northern
Available Parking only has a fraction of the 305 parking spaces Petitioner claims it will need. In fact, all
of the Northern Available Parking and The Marketplace Parking may not in the aggregate add up to the
305 parking spaces Petitioner claims it needs--even assuming no other users.

If the Petitioner obtained its permits based on erroneous information which it provided in its
filing, the demolition and building permits which would have been predicated on such erroneous
information must be voided, suspended or conditioned, until the Petitioner files the correct information
showing where available parking can serve the proposed development.

The Northern Available Parking is adjacent to the Hudson River Walkway. Pursuant to N.J.A.C.
7:7E-3.48, if a permit is to be issued for development of property which includes the easement running
to the State of New Jersey to the high water mark of such property, then the portion of such property
within the easement must be developed and maintained to the specifications and requirements as
promulgated by the NJDEP for the Hudson River Walkway. If the Petitioners uses the Potentially
Available Parking to meet the parking needs of the proposed Binghamton development, then the
Potentially Available Parking must be deemed to be part of the Permit for the Site and the portion of the
Hudson River Walkway abutting the Potentially Available Parking must be brought up to the
specifications and requirements of the NJDEP.

It should also be noted that the area of Northern Available Parking is well below the 10 Year
Flood Plain level, and, in fact, floods several times a year during heavy rains. Because of its lack of
elevation, it cannot properly drain into the Hudson River. When this occurs, it will impede emergency
vehicle access to the proposed Binghamton II development. Consequently, to meet FEMA flood level
guidelines, the Potentially Available Parking area must be raised, which will require a New Jersey
Waterfront Development Permit as well as local building permits--both of which will also trigger the
specification and requirements regarding the Walkway.

The HRWC asks that no further actions be taken to allow development of Binghamton II until a proper
plan for parking, including the necessary DEP permits, is submitted and approved.

You can contact the HRWC at 201-519-7057 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it for further information.

Sincerely,

Donald Stitzenberg
President
Hudson Waterfront Conservancy