What began in heated debate over 10 years ago, then was sucked into a maze of lawsuits and legal issues, ended quietly and almost anonymously last week with the announcement of a settlement. Hartz Mountain Industries finally has agreed to alter its plans for a proposed commercial development near its existing Lincoln Harbor office complex in Weehawken. The agreement came after an ongoing battle between Hartz and the American Littoral Society, which claimed that the proposed complex would ruin the view of the Hudson River waterfront from the Lincoln Tunnel helix. In 1989, Hartz received initial approval from the Weehawken Planning Board for two new office facilities that would run adjacent to its Lincoln Harbor office building. They would be very similar in size and structure. But the Littoral Society, a national non-profit environmental group based out of Sandy Hook that fights for the rights of all coastline views, argued that the planned structure would severely obstruct the view of Manhattan for those traveling along the Lincoln Tunnel helix. “We were concerned that the structure would block that panorama,” said Dery Bennett, the executive director of the American Littoral Society, last week. “We argued that it’s a spectacular view. The state Department of Environmental Protection blocked the permit at first and we took our concerns to court. We didn’t want anything built that would block the view.” According to Bennett, the Hartz officials argued that it was a “fleeting glimpse,” but Bennett maintained that it was much more than that, especially for those who are generally stuck in traffic on the helix. The lawsuit was maintained even after the case went through two different commissioners of the Department of Environmental Protection. The first, former DEP commissioner Christopher Daggett, allowed the permit, but current DEP boss Robert Schinn upheld the initial ruling. The uncertainty just kept the legal battle going and would not allow Hartz to develop its vacant property. Hartz suggested that the two sides try to reach an agreement through the DEP’s Office of Dispute Resolution, which features retired administrative law judges that would hear similar environmental cases and then make judgements. Finally, the two sides came to an agreement. Hartz will build its facility some 200 feet west of where it was originally approved. They will also cut off a corner of the proposed building that will preserve part of the view. And they also agreed to not build anything north of the two towers that could block the view. Both sides seemed relieved that the debate is finally over. “We’re not wildly enthusiastic about it, but it’s a compromise, something that is workable,” Bennett said. “In a settlement, there are always compromises on both sides. Hartz wanted to develop the site and that was not acceptable by us. They have agreed to move the structures and make modifications.” Emmanuel Stern, president of Hartz’ real estate holdings, agreed. “I think it was a fair compromise,” Stern said. “It was a win-win situation for everyone. All sides were compromised. It was never our intention to block the view. We wanted to be able to work out something and I believe that we have. This now paves the way for continued development in Weehawken.” However, Hartz isn’t out of the woods just yet. Because the compromise agreement features changes to the actual size and structure of the initial plans, the new agreement will have to be re-examined and approved by the Weehawken Planning Board. “Our view on it is that it does free up the view,” said Bennett, who applauded the efforts of Weehawken residents Doug Harmon, Claire Burke and Ruth Elsasser for their testimony to the DEP. “There is a certain amount of blockage, but it’s miniscule.” Bennett said that he did not know whether his agreement would either help or hamper the prospects of the current plight of the Friends of the Weehawken Waterfront against another waterfront project currently proposed by the Roseland development company. “We have members of our society that are also members of the Friends of the Weehawken Waterfront,” Bennett said. “But they can do whatever they want. This agreement is in no way affiliated with them. I don’t know if this decision will influence what they do.” There was a peculiar twist to the agreement – the fact that no one from the DEP or Hartz bothered to tell any Weehawken officials that the accord was reached. Weehawken Mayor Richard Turner said that he was kept aware of the proceedings throughout, until the talk of an agreement began. The agreement was reached Jan. 6, but Turner had no idea about the agreement until last week, when an article appeared in the New York Times. To this date, Turner does not know the specifics of the deal.
Our Digital Archive from 2000 – 2016
