A plan to add two structures to the Lincoln Harbor retail/office waterfront complex, which was originally approved by Weehawken’s Planning Board in 1989, received final approval from the township last week after developers reached a formal agreement to cut the structures from 10 stories to eight.
The decision came after more than a decade of litigation regarding sightlines from the Lincoln Tunnel helix.
The two structures will have the same blue glass as the current office building at the site, and could include offices, stores, restaurants and a hotel.
“The project’s infrastructure has been in place for 15 years,” Weehawken Mayor Richard Turner said. “The design for the project had been approved so long ago. But the project was stopped because of litigation.”
In 1989, the American Littoral Society, a national non-profit environmental group based out of Sandy Hook, N.J. that fights for the rights of all coastline views, argued that the planned structure would severely obstruct the view of Manhattan for those driving along the Lincoln Tunnel helix.
The Littoral Society filed a lawsuit, stopping the completion of the Lincoln Harbor project.
“We were concerned that the structure would block that panorama,” said Dery Bennett, the executive director of the American Littoral Society. “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.” The lawsuit remained entangled in the court systems for more than a decade.”
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 state commissioners of the Department of Environmental Protection. The first, former DEP commissioner Christopher Daggett, allowed the permit to build the 10 stories, 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 judgments.
Finally, the two sides came to an agreement and settled in January of 2000. 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.
However, final approval was needed from the Weehawken Planning Board, which gave its seal of approval Tuesday.
“This gives us the approval to build,” said Allen Magrini, vice-president for Hartz Mountain Industries. “It removes a big cloud off the development and allows us to actively market the area for prospective tenants. We can finally move forward with seeking tenants, now that we have this approval.”
Magrini said that he believes that the new facility would be very appealing to prospective tenants.
“It’s definitely very desirable,” Magrini said. “It’s a very handsome area, with the development, the walkway along the river, the boats, the view. It’s a glorious place and considering what used to be there, it’s an exciting place.”
Added Magrini, “We had the approval from 1989, but we just needed to come back and make minor modifications that would protect the view from the helix. So we scaled back the buildings, two stories each building. That’s a significant reduction. The town made it clear that the residents had concerns, so we voluntarily agreed to scale it down. This makes it very comfortable for everyone to finish out the development.”
Magrini said that there is no time frame for construction.
“We have to do the marketing of the building now, get tenants in place,” Magrini said.
Turner was pleased with the agreement.
“Lincoln Harbor was the catalyst to the rebirth of Weehawken,” Turner said. “It provided tax revenues and provided our biggest single employer in PaineWebber. When those buildings came on line in 1985, it brought more revenues, more restaurants, improved the quality of life. It was the beginning of the rebirth, then it stopped because of the litigation. Everything was previously approved, before the Littoral Society’s suit. This agreement sets the stage for the final phase to be completed.”
Turner said the Planning Board hearing was strictly a formality.
“Since it was previously approved, there wasn’t much we could do, even if we hated the plan,” Turner said. “There was a record of approval, even if was from years ago. We didn’t give final approval this week. This was done 12 years ago. We couldn’t order them to lower the heights. But Hartz agreed to it. By lowering the heights by two floors, Weehawken residents will get a chance to share in the enhancement. It may not be as much as people liked, but it’s a drastic improvement on what it was. What we couldn’t get in court, we got through negotiation. This is a much better deal than the original.”
Turner then had a flashback to 1982, when he first arrived in Weehawken, appointed by the state to be the township manager/troubleshooter, asked to save a municipality on the brink of complete bankruptcy.
“Back then, there was nothing down there,” Turner said. “The railroads and the shipyards were dead. We were struggling to revitalize the town and then Lincoln Harbor came on line, to really invigorate the community. I know it’s a wonderful addition to the community. We took the compromise and made it even better.”