Some West New York residents made good on their promise to continue fighting the development of a 22-story building at Park Avenue and 57th Street last month by filing an appeal of the Zoning Board of Adjustments’ decision to grant variances proposed by Park Terrace LLC.
Last August, Park Terrace LLC withdrew their request for zoning changes that would’ve allowed a 30-story building in an area where only buildings up to 12-stories were allowed. The company modified their request a few months later, and the Zoning Board ultimately adopted a final resolution allowing 22 stories and other variances.
This past July 21, a group from the neighborhood filed an appeal to the decision with Hudson County Superior Court.
They said that they believe the applicant failed to provide necessary “special reasons” and “enhanced quality of proof” that their variances from the existing zoning laws would benefit the community, as required by the existing New Jersey land use laws.
“The decision is arbitrary, capricious, and not in the best interest of the community.” – Humberto Ortega
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Fear of repercussions
Throughout the process, several residents have been vocal about their opposition to the project. However, last week, many were afraid to speak about the matter due to the fear of repercussions from the city. Some believe the city is blindly supporting the project because at least one official has a close, personal friendship with the developer.
West New York Commissioner Gerald Lange, one of those officials, admitted last week to having a close relationship with the developer, but said that this in no way affected the Zoning Board outcome.
“I have no vote on it, no say in it,” said Lange. “I have a great relationship with him as I have with one of the people who filed the lawsuit. Just because I have a relationship doesn’t mean I have any influence on the decisions.”
Some project opponents also have said that the few residents who came out in support of the project were swayed by political affiliations. They said that others supported the project because they are residents of nearby Overlook Terrace, which was built by the same developer.
The objections
Residents from the group that filed the appeal said the development will only serve to overcrowd an already densely populated area, increase traffic congestion, and increase the concentration of population.
They are also disputing the developers’ claims that the Park Terrace project will benefit the area by addressing a neighborhood-wide parking problem because, they said, the parking problem is the direct cause of the developers’ previous development (Overlook Terrace apartments) which provided 300 parking spaces for 600 apartments.
The residents said they would welcome “smart development” in West New York that will not “substantially impair our community.”
“Our group of neighbors is not against development,” said one man, who preferred to remain anonymous. “However, we feel that the size of the proposed development is excessive and will be incompatible with and un-representative of this neighborhood of one and two family residences.”
He added, “We were disappointed in the board’s decision and feel they have not acted in the best interest of this community, forcing us to seek appropriate legal remedy.”
Housing crisis in WNY?
Humberto Ortega, who has been consistently vocal about his opposition to the development, said he was appalled at the argument stated by the Zoning Board as a reason for supporting the project – that there is a shortage of housing and a crisis in rental prices in West New York that the building will help alleviate.
“I don’t feel any such crisis exists,” he said. “They had a lot of chutzpah and the decision is arbitrary, capricious, and not in the best interest of the community.”
Ortega said the abundance of available housing can be seen in a brief walk around town, which is full of “For Rent” and “For Sale” signs. As for the rental prices, Ortega said they have declined by as much as 10 percent.
“And in any event this building will be an upscale building,” he added. “I don’t feel it will help the middle class neighborhood where it will be built.”
Next steps
Anne Marie Rizzuto, the attorney for the Zoning Board of Adjustments, said last week that she is aware of the lawsuit but hadn’t received it as of press time.
Rizzuto said that when the town is served with the complaint, she will be filing an answer and defending their decision.
She added that she believed that Park Terrace LLC had already been served and replied to the complaint.
Alvaro Alonso, the North Bergen based attorney representing Park Terrace LLC, did not respond by press time.
Rizzuto said that such appeals can typically take anywhere from six months to a year, but they are usually quicker because they’re not full trials.
The judge will read transcripts and asking for legal briefs, but will not hear new testimony.
If the decision is overturned, it would be sent back to the Zoning Board to be corrected. However the judge has the ability change minor parts, uphold the decision in its entirety, or act otherwise as he or she sees fit.
Lana Rose Diaz can be reached at ldiaz@hudsonreporter.com.