In a brief announcement made at the Tuesday meeting of the Jersey City council, Mayor Glenn Cunningham said the city was investigating joining in a suit to stop construction of the Gateway I apartment project in Hoboken near the Jersey City-Hoboken border.
"I have notified the city’s corporate counsel to look into the suit," said Cunningham. "We may have concerns about the project."
A lawsuit has already been filed an area citizens’ group called the Hudson County Alliance to halt construction on the apartment/retail complex currently under construction at 101 Marshall St. on the Hoboken-Jersey City border. The Alliance represents area residents from both Jersey City and Hoboken who are concerned about possible flooding and traffic problems if the proposed 17-story, double tower project is completed by developer Manhattan Builders Inc.
Foundation permits were granted in September of 2001 by the city of Hoboken, and original Zoning approval was granted in 1998. Pilings were driven for the foundation in December, according to Hudson County Alliance spokesperson Elizabeth Markevitch. By late May of this year, the project had gotten construction permits.
In the suit, the Hudson County Alliance argues that proper legal notice of zoning hearings was not given to Jersey City. Other resident complaints about the project are that there could be traffic and flooding problems if the complex is completed. Gateway I will comprise two towers expected to reach 158.3 feet in height, enclosing 326 apartments, 5240 square feet of retail space and a 25,384 square foot health club. The allotment for parking is 431 spaces in a seven story- parking garage.
Markevitch said the Hudson County Alliance had a court date a week ago Friday in Hudson County Superior Court before Judge Arthur D’Italia on the stop work order suit. According to Markevitch, the judge ruled that the Hudson County Alliance had not presented sufficient evidence for its case and gave them until Aug. 9 to re-present the case. Markevitch said her group had not had enough time to examine all information gathered on the project, but would be able to do so by Aug 9.
"The judge did say the developers were proceeding at their own risk," Markevitch said.
One of the main concerns the Hudson County Alliance has about Gateway I is the possibility of flooding.
"Most of Hoboken is in what is called a 100 year flood zone, which means it will have a flood every 100 years," said Markevitch, adding the Gateway location is in three-month flood zone, which sits just below sea level. She added that developers on the project submitted a street-grading plan from Park Avenue Design Group in hopes of alleviating the problem.
An analysis by engineering firm Schoor DePalma found some flaws in the grading plan. Schoor DePalma found the sewage ejector pit, which would catch water during storms, was not deep enough for a prolonged storm. "This could lead to excess water pressure in the building, forcing sewage into the combined sewer system and possibly out of low-lying manholes on First Street," the report concludes.
Any raising in the road grades in the vicinity of Gateway I would push storm water away from the development and into other lots, the report adds. Schoor DePalma recommends the use of a storm water pump station to move water off site during storms and the installation of a storage tank and pump to move water into combined sewer system after a storm.
On May 16, the North Hudson Sewerage Authority (NHSA) granted Gateway I permission to hook up to the Hoboken sewer system. In March of 2000, the NHSA had denied the connections after a report by the Authority’s engineer said the site was prone to flooding during heavy rains. Manhattan Builders owner Sanford Weiss sued the NHSA and the city of Hoboken to compel their approval. Weiss and the NHSA came to an agreement where Weiss would pay for the raising of the street grades and the installation of catch basins and water pumps.
Sanford Weiss did not respond to phone calls made to his office last week.
Markevitch also voiced concern about the project’s location near the forthcoming Hudson-Bergen Light Rail system. She believes this will on worsen the traffic problem in the area. Also, both Makevitch and Cunningham said Gateway I would violate county regulations concerning views of the skyline.
"People would look out, and instead of seeing the Statue of Liberty, they would see the top floors of the building," said Cunningham.
Variances approved for the project in 1998 included parking height and lot coverage. Gateway was allowed to have a 17-story height and a 100 percent lot coverage, while city ordinance stipulated a five-story building with only 60 percent lot coverage. Similarly, parking ordinances called for 484 offstreet parking spaces, and the project got approval for only 431 spaces.
Recently, members of the Hoboken City Council have voiced concerns with the project. On July 17, the council approved the hiring of land use attorney Michael Pane to review the case. When interviewed on Tuesday, Pane said he was still examining the project and would probably have a report by the end of August.