A liquor license hearing before the local Alcohol and Beverage Control board drew a large crowd on Monday but was ultimately postponed because the developer of the upcoming strip mall had not met the Planning Board’s demands, according to town officials.
The developer, Jim Ipex, is converting the back of Ipex Home Supply into seven commercial storefronts within the Vornado Reality Trust mall development. When completed, Ipex’s NHB Enterprises, LCC, located at 8825 Tonnelle Ave., will have built a total of 30,309 square feet of retail space.
According to a North Bergen Planning Board resolution passed in April, the plan was already approved with numerous stipulations.
But Planning Board Attorney Brian Chewcaskie said the developer has met only some of these, including entering into a developer’s agreement with the town. Many other issues have not been resolved, he said, such as entering into a license agreement with the town for the use of the new loading dock, which is slightly within a township right of way; giving North Bergen a deed to 15 feet of road along Tonnelle Avenue for future road widening, and construction of a pedestrian bridge to other parking.
Without the above actions being completed, Planning Board approval could not be finalized. Because of that, along with outstanding paperwork, Ipex has been unable to obtain a certificate of occupancy for any of the storefronts, said Chewcaskie.
For this reason, among others, the ABC hearing on Monday, Dec. 13 for Somsovinos, LLC, which plans to build a liquor store in one of the storefronts, was postponed until Jan. 31 at 5 p.m.
Hearing postponed
According to a published notice, Monica Marcano, of Mount Arlington, and Agustin Concepeion of Union City would hold the license for Somsovinos.
According to ABC Chairman John Belluardo, Chewcaskie “respectfully requested” that the ABC board withhold action until the matters between the Planning Board and the mall developer are resolved.
Due to this postponement, more than 75 residents who attended the meeting were unable to voice their concerns over the liquor license application.
Local attorney Mario Blanche, representing clients he said have been in car accidents along Tonnelle Avenue and are opposed to overdevelopment that has caused traffic and public safety problems, said his clients plan to raise “legal issues” and oppose the new strip mall. Blanche had helped the residents form the Concerned Citizens of North Bergen, an informal group of about 100 residents.
He said the death of a 64 year-old pedestrian earlier this year shows that their concern is valid.
A Tonnelle Avenue resident named Omar told the board he had seen four separate accidents in the last few months.
“It s traffic problem, it’s a safety problem,” said Blanche. “I commend the township for creating more jobs and creating more industry. Not withstanding my commendations for the town, it’s grown out of proportion.”
Belluardo said that residents would be heard at future meetings.
Meeting not valid?
At the ABC meeting, attorneys for Tonnelle USA, Inc., which owns Tonnelle Wine & Liquors, located across the street from the proposed mall, were present. They charged that correct notice for the meeting wasn’t properly published by the attorney representing Somsovinos, LLC, Alexander Locatelli, so the hearing wasn’t legally valid anyway.
Locatelli called the criticism a “sophomoric exercise.”
ABC Board Attorney Eric Bal said the board would hear the applicant when the mall had “…zoning approvals, so it’s not just a fanciful exercise into academia.”
Store allegedly opens without town’s approval
Chewcaskie learned on Monday from a member of the Concerned Citizens of North Bergen that one of the future stores that are a part of this development, a 99 cent store, opened on Sunday without a certificate of occupancy. He quickly notified Township Administrator Christopher Pianese, who notified the building department.
“I immediately contacted the building department, who sent a construction official there and found them to be open and closed them,” said Pianese.
After the ABC meeting on Monday, Jim Ipex, the developer, said, “We had the sprinkler [and the] final approvals. It was verbal. As soon as they told me to close it, I shut it down.”
At the meeting, Michael Jimenez represented himself as the developers’ attorney and said that these issues were permit issues that were being blown out of proportion.
“These are ongoing issues,” Jimenez said. “My client is a small piece of a larger development, Vornado Realty. Zoning has already been approved for the whole site.”
Tricia Tirella may be reached at TriciaT@hudsonreporter.com.