A group of concerned Union City residents is planning to appeal the approval of a nine-story, 24-unit development at 1410 Manhattan Ave.
Marge Seiz, the spokesperson for the group, expressed concerns about the development’s approval at the Union City Board of Commissioners meeting recently. Seiz said that the group has contacted a lawyer.
“We have no alternative but to proceed with an attorney,” said Seiz, who said that her group’s concerns include parking and density.
This residential development was approved by the Union City Board of Adjustment on Feb. 14, which was the developer’s second appearance before the board. The project got variances for parking and density.
The developer, 14 10 Manhattan Ave., LLC of Hoboken, is planning to construct a nine-story, 24-unit building. This plan was scaled down from the original 15 story, 32-unit building that was proposed on first appearance on Dec. 4, 2001.
According to Doug Yandolino, the city’s tax assessor, this property was sold at a city-held auction on March 1, 2001 for $275,000. The lot was previously used as a city car pound.
When do city guidelines count?
The property at 1410 Manhattan Ave. falls within the city’s Steep Slope Overlay District, which was created to protect the Palisade Cliffs that run along Manhattan Avenue.
According to David Spatz, the consultant to the Board of Adjustment, who works for Community Housing and Planning Associates, Inc. in Fort Lee, this district reduces the density allowed on the properties within the district.
Spatz said that the density of a property is based on the size of the property. In the Steep Slope Overlay District, the relevant formula subtracts the amount of unbuildable area on the lot.
However, Seiz and her group of residents is arguing that the board may have been acting unlawfully when approving this development. She said that according to the city’s Steep Slope Overlay District Ordinance, the Board of Adjustment cannot award a variance for density. As calculated with this ordinance, the developer is only allowed 11 units on that property. This project was approved with 24 units.
However, according to Spatz, Board Attorney Thomas Silo gave the opinion that the state’s Municipal Land Use Law, which gives the board the power to award variances for density, cannot be overruled by a city ordinance.
Seiz said that city law supersedes state law. She used the recently passed liquor establishment ordinance in the city to argue against this opinion. The city ordinance closing the liquor establishments at 2 a.m. is in conflict with the state’s law saying they can stay open until 3 a.m., said Seiz.
“In the past they have abided by the ordinance,” added Seiz, a lifelong resident of the city. “Now they may be looking to build as many high rises as possible. I don’t know if Union City is ready for the consequences of having high rises.”
However, along with the reduction of units and height, the developer also may have corrected some of the problems that the Steep Slope Overlay District ordinance was trying to avoid.
The reduced scope of the project that was passed on Feb. 14 by the Board of Adjustment allows the building to be pulled back from the edge of the cliff. The previous submission, with 32 units and 15 stories, had five levels of apartments located below the top of the cliffs.
Other concerns
Seiz is also concerned about the parking variance that was granted to the developer. The Residential Site Improvement Standards requires .8 parking spaces for each one bedroom unit and 1.3 parking spaces for each two bedroom unit.
The proposed development includes eight one-bedroom units and 16 two-bedroom units, which would require 27 parking spaces. The board approved plans that only included 18 parking spaces.
“A new development is the only opportunity the city has to make sure that there is sufficient parking,” said Seiz. “If there are 24 units there should be parking for 24 units.”
However, Seiz admits that parking is a problem all over the city, not just with this development.
“The parking problem is everywhere in the city,” said Seiz. “You have to have a bicycle to visit people.”