Opening the floodgates Sewer hook-up denied for 101 Marshall St.
Mar 22, 2002 | 96 views | 0 
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According to a report from the NHSA's engineering consultant, even during a mild storm, the area is prone to flooding. The NHSA also stated that until they come to an agreement with the builder of the project, Sanford Weiss of the Manhattan Building Company, on how to alleviate the problem, they will not grant the appropriate approvals.
Because it took some time for the NHSA to get around to voting on the hook-ups, Weiss already had filed suit against the NHSA and the city of Hoboken to compel them to approve them. Superior Court Judge Arthur D'Italia heard arguments in the case Friday afternoon, and was prepared to rule. But attorneys for the NHSA, the city and Weiss agreed to adjourn the hearing in order attempt a settlement. If the sides cannot settle, Judge D'Italia is scheduled to rule on April 11 at 9 a.m.
The project's 77,500 square foot lot is located in the shadows of the Palisade Hills, adjacent to where the tracks for the Hudson-Bergen Light Rail system are being laid.
The two towers will rise 17 stories or 158 feet and four inches each. They gained approval from the Zoning Board in 1998 to contain two restaurants, a 25,384 square foot health club, 5,240 square feet of retail space, and an enclosed parking garage that will rise seven stories with 431 spaces.
On Oct. 24, 2000, Zoning officer Joel Mestre signed off on the towers, confirming that all of Gateway's zoning approvals were in order and the developers could approach the city's construction officer to receive permits. The city's construction office then issued permits allowing Weiss' company to lay the foundation of the building.
Currently, the site is being cleared and drivers are hammering steel piles to construct the building's foundation. Even though the NHSA denied the sewer hook-ups, the developers can finish the work on the foundation.
But what the builders do not currently have are the permits to begin construction on the building itself. Those permits are contingent on the NHSA approving sewer hook-ups. Weiss said Thursday that it's essential that the matter get resolved quickly. "We have 300 union workers waiting to get on the job," Weiss said. "[This project] creates jobs and until this is resolved, those workers are unable to work."
Recently, some residents have spoken out against the towers, saying that there are too many large developments rising in Hoboken. "Overdevelopment" has been a major issue in town for three years, with some residents saying that new residences only exacerbate traffic and parking problems.
The city, already having approved the project, cannot change its mind now, but the sewer denial remains an impediment.
Reasons for the denial
Seven members of the nine-member NHSA board voted to pass the denial, with an abstention from commissioner and former Hoboken councilman Michael Schaffer. Another member was not present. According the authority's by-laws, it takes seven votes for a measure to pass.
According to Vincent Rubino of CH2M Hill, the engineering consulting firm that has been the NHSA's lead consultant since 1999, flooding is a real problem at 101 Marshall St. His firm conducted an engineering study of the area and created a model for how the site would respond to the biggest storm in a three-month period and five-year period.
"We found that there is the potential for flooding at high tide in the three-month scenario," said Rubino. "In the five-year [model] at either high or low tide you will have significant chance of flooding."
In his report, Rubino concluded that, if built, the sewer hook-up to 101 Marshall St. could not handle both the sanitary and storm outputs if there are heavy rains.
Fred Pocci, the executive director the NHSA, stressed repeatedly that the NHSA does have enough capacity to handle the flow. But, he said, the problem lies in the fact that the site is only two to three feet above sea level, which makes it very difficult to create positive flow to the treatment plant during a storm.
"There is ample capacity at the [treatment plant]," said Pocci. "The problem is getting it there."
During the commissioners' discussion of the resolution to deny service, several of the commissionersquizzed Pocci.
"How come this issue hasn't come up before now?" asked Schaffer.
"We had only taken over the sewage system on February 1 of '98," said Pocci. "At that time we were neophytes in knowing how the system worked. We also were not aware what was before the planning or zoning board." But Pocci qualified his statement by saying the onus is on the city and its autonomous boards to seek out the opinion of the NHSA on new developments.
Commissioner Frank Raia, also a developer in Hoboken, said if a building is erected in a known flood plane, there are several safety concerns. "If it floods there will be a real problem getting emergency vehicles to that building," said Raia.
Commissioner Sergio Panunzio agreed that there are safety concerns. "We're not in the business of denying sewage connections," said Panunzio. "But there are real safety issues here."
According to Pocci, the NHSA would collect $495,000 in fees from the developers if they approve the connections.
The solution?
Weiss sat quietly in the audience as the board discussed the project. Before acting chairman Cesar Fernandez cast the deciding vote, Fernandez called Weiss to sit before board and answer questions about what the developer would be willing to do to alleviate potential problems.
"We want to be part of the solution," said Weiss. "We are willing to help pay for it. But the project is bigger than just us. It affects other property owners in the area. It's an overhaul plan. We would be willing to be part of a developers' fund so that we can help bear some of the cost."
Weiss said he would be willing to raise the entire grade of the 101 Marshall St. site.
Fernandez proceeded to vote for the denial of the hook-up, but he told Weiss that he should work with Pocci to come up with a solution and to resubmit his application before the NHSA.
"Try to work something out [with Pocci]," said Fernandez. "So that the Authority doesn't get hurt, you don't get hurt, and the city of Hoboken doesn't get hurt."
Even though he has filed suit against the NHSA and the city, Weiss said Thursday that it is his intention to come to an amicable solution when it comes to the flooding issues. "We are trying to be proactive and work with the city," said Weiss. "We believe that we have a solution which will alleviate the flooding problems for the entire area."
It is still unclear what future steps the developer or the NHSA will take to solve the flooding problem. One option is to build a storm water-pumping station. But Pocci said that this option, while effective, is extremely cost ineffective. According to one commissioner, such a project would start at $15 million and could run well over $20 million.
Other options include raising the grade of the 101 Marshall property. But some in attendance said that this might keep Weiss's property dry, yet push the water to neighboring properties. "They'll be high and dry, but the rest of us are going to drown," said Hoboken resident Michael Lenz in the public portion of the meeting about the builder raising his grade. Lenz lives only a couple of blocks away from the project.
Hoboken resident Jason Burch, who lives only a block away from the project, appreciated the decision.
"I just wanted to thank you for sending a message to the city of Hoboken that you don't take safety issues lightly, and that you voted accordingly," said Burch.
Singled out
Weiss said Thursday that he feels that he is unfairly being picked on by some city officials and residents. "I don't know why Manhattan Builders is being unfairly singled out," said Weiss. "We're good guys who do things for the community. We hire people from the community and we're a Hoboken company."
He added that he believes the project does have merit for the city. "It will bring a tremendous amount of ratables," he said. "It will also have the effect of cleaning up the entrance to Hoboken. But more than anything, it's going to bring a certain amount of vitality back to a rundown neighborhood. [The Gateway Towers] will be a great destination for the people of Hoboken."
Weiss also reiterated that the construction will create hundreds of union jobs in a stagnant economy.
Although there are not many residences within 200 feet of the project, a substantial movement to oppose the Gateway Towers has grown on the City Council and in the community.
Weiss recognizes that there is opposition, but said Thursday that opponents should have voiced their criticism years ago when the proposal was before the Zoning Board.
"It's well past that stage," said Weiss. "We are in construction. They should have brought this up years ago. It's not fair that they are doing it now."
Hoboken residents who attended Wednesday night's City Council meeting noted that this is a project that was approved almost four years ago under a different administration. They contended that the entire process was very secretive and that even now, it's difficult to see the plans for the project.
Jackson Street resident John Gregorio mentioned at the meeting that he had gone on a quest for several months to see the correct plans. In November 2001, according to Gregorio, he went to the zoning and planning offices to see the drawings, but was told that he could not see them.
Then, when he returned at a later date to try again, he was shown plans for six- and nine-story buildings. Those diagrams were for plans that had been withdrawn by the developer in the fall of 1999.
Gregorio argued that no opposition or public opinion could have been formed because the public never had complete access to the correct drawings.
"This is a huge project, and I couldn't see exactly what was being built," said Gregorio Wednesday. "I would like to see the city and the developers open the doors and show the plans to the public in an accessible and open way."
He added that he realizes that it is late in the game, but stressed to the council that it is important that the council take a stand.
"You [the council] have to say whether or not this is a good or a bad project, even if we can't stop it," he said. "Either way, there are going to be future implications."
Hoboken resident Eric Volpe also lobbied the council to take action. "I think it is truly important that the people and the council stay vigilant against this project,' said Volpe.
Council President Tony Soares said that he supports the opposition to the Gateway Towers. "It's not only about the sewers," said Soares. "That's what is holding it up now, but it's much bigger than that. This project is a monstrosity that never should have been approved in the first place."
Councilman Christopher Campos placed some of the blame on the previous administration. "It's not like we were here when this all began," said Campos. "We all stand unanimously against this project and we're doing everything we can."
The project is in Campos' ward.
Jersey City residents speak up
In the audience of Wednesday night's City Council meeting were several groups of Jersey City residents. They were there to protest the project for several reasons and contend that the project was never looked at from a regional perspective.
They also said that, should the project be built, traffic congestion and development in the area would seriously cripple Hoboken residents' ability to get in and out of the city, and that Hoboken's Zoning Board did not take into account Jersey City's traffic when approving the project.
"We have to start looking at every single new project from a regional perspective," said Vito Brunetti, the head of the Riverview Neighborhood Association, which represents a group of residents living in Jersey City Heights. "Development has gotten to the point where every new project affects every municipality. We need to go to the county and come up with a workable and enforceable plan for future development."
Brunetti asserted that neither Jersey City nor Hudson County was ever notified about this project, even though it lies within 200 feet of the Jersey City limits and is only steps away from Paterson Plank Road, a county road.
According to a November 10, 1999 "Notice to property owners" signed by Gateway's lawyer, James J. Burke, neither Jersey City nor the county was given notice of that 1999 hearing. According to the notice, the developer was going to request both bulk and parking variances.
This is not the first time that a large project on the Hoboken/Jersey City border has been the center of controversy for not taking a regional approach. In August of 2000, the Riverview Neighborhood Association, along with Hoboken's Coalition for a Better Waterfront, filed suit against the developers of Millennium Towers, a 43-story, 500-plus unit luxury high rise that at one time was planned to rise near the southern edge of the Hoboken border north of 18th Street in Jersey City.
In that case, there was a groundswell of public opinion against the large-scale project that in part led to a judge saying that the Jersey City Planning Board was not properly constituted when it approved the Project.
Also on hand at Wednesday's meeting was Becky Hoffman, the president of the Pohlman Hall Condominium Association, which is located at 154 Ogden Ave. in Jersey City. She stated her opposition. "We oppose the Gateway Towers development for three main reasons," read Hoffman from a prepared statement. "First, two 17-story towers housing 326 residential units, two restaurants, a health club, and retail space will place a significant burden on the local infrastructure. Second, the development requires extreme zoning variances. Third, it does not take into account the environmental burden it will place on the neighborhood."
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