A dangerous rockslide has occurred on the cliffs below Sterling Place and onto Boulevard East – approximately 20 feet from a highly populated bus stop and stairway – forcing township officials to consider legal action against the person whom they say owns the property.
According to Weehawken Mayor Richard Turner, the story of the sliding rocks began in 1993, when attorney Michael Chulak, the owner of a home on Sterling Avenue, was accused of cutting down trees to their base on the cliffs.
“We sent inspectors and a construction official up the cliffs and they confirmed that the trees were being cut,” Turner said. “We first asked him to stop, because it was in violation of the steep slope ordinance, which was instituted in order to control any development along the cliffs.”
Turner said that most of the property on the cliffs in the town is privately owned, but an ordinance had to be adopted to protect the areas. He said the owner of the property was in violation when he cut the trees all the way down.
“It’s one thing when people trim the trees in order to advance their views,” Turner said. “But when you cut them to the base, the trees die, the root systems eventually dry up and come up from the ground and that’s what causes rockslides.”
At the time, Chulak was taken to municipal court and fined $250 for cutting down the trees. He was ordered to stop the procedure.
“But we knew that the damage was already done,” Turner said. “Sure enough, 10 years later, we have a serious problem.”
Two months ago, Weehawken public works officials realized that the rocks were sliding down the cliffs toward Boulevard East and the situation was worsening every time there was the slightest rainfall. More rocks came tumbling down the cliffs, perilously close to the heavily used bus stop and stairway.
“It’s not only a dangerous situation for the area below, but for the residents of Sterling Avenue, because the soil below their homes has shifted,” Turner said. “We had engineers who came in and said that the cliff face has to be secured and stabilized.”
Township officials approached the owner of the property and told him of the situation.
“Our estimates were that it was going to cost $150,000 to sure up the cliff face,” Turner said. “We ordered him to do so, but he has refused, so we took him to municipal court again.”
Chulak appeared in front of Municipal Court Judge Joseph Baglivo on Feb. 14, contesting that he did not own the property, that it was owned by either the township or the Port Authority. Chulak has been asked to reappear before the judge on May 4.
Judge Baglivo has requested a report from an engineer who had been hired by Chulak to determine the severity of the problem. The township’s architectural consultants, the Cliffside Park-based Rivardo, Schnitzer and Capazzi, have examined the site and have also set up meetings with Chulak’s engineer to determine the next course of action.
Chulak also contested the case by filing an appeal to the Hudson County Construction Board of Appeals. The Board of Appeals ruled last week in favor of the township.
Chulak did not return phone calls seeking comment last week.
Asked to fix the problem
“The owner will be given a deadline to complete the work,” Turner said. “If he doesn’t, the town will then take over and put a tax lien on his property. We will receive the report from the architects next week to tell us the urgency of the situation.”
Placing a tax lien on a property is a general action when a property becomes hazardous to a neighborhood. It is usually put into place when a property is abandoned and the municipality has to do work on it to secure public safety.
“We have to give the property owner every opportunity to secure the site,” Turner said. “Now, we’ve given him two months and he will be given a deadline. If he doesn’t meet the deadline, then we’ll take over the project and do the work ourselves.”
Turner added, “When he was first issued a summons in 1993, he contested that he could do whatever he wanted, because it was his property. Now, he’s saying that it’s not his property anymore. We take the steep slope ordinance very seriously. It was done for the protection of the entire neighborhood.”
Turner said that this is not the only instance where people are in violation of the ordinance. He said that township officials notified the Port Authority of New York/New Jersey because someone had been cutting down trees along its property on Park Avenue.
“Generally, it happens late at night, when no one is watching,” Turner said. “But we have people who report the trees being cut down, so we’re aware of it.”