The proposed Appleview residential development in North Bergen will once again be under review by the North Bergen Planning Board following a ruling in Hudson County Superior Court last month.
Late last month, Judge Christine Farrington remanded the project back to the board, claiming that the board did not sufficiently determine whether safety considerations required by town law have been met.
In March, The North Bergen Planning Board approved the project, a 59-unit residential complex at 7009 and 7101 River Rd. in North Bergen, near the Guttenberg border. They put several conditions on the approval.
“The township remains confident that the Appleview project will be built.” – North Bergen Town Spokesman Phil Swibinski
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Some residents are concerned that construction would remove too much of the Palisade cliffs. Others say a nearby Transco Williams Gas pipeline could potentially explode if disturbed by the project.
The project also gained approval from the county’s planning board this past July, also including certain conditions.
The Galaxy Towers Condominium Association was the group that brought a suit before the county judge. They alleged that the board and the developer failed to follow certain protocol. The ruling denies these charges, but accepts the Galaxy’s claim that the North Bergen Planning Board “…had insufficient evidence to support a finding that the development’s benefits outweigh the detriments.”
Specifically, the court ruling states that the Board did not sufficiently determine whether or not the pipeline was safe.
Safety first
“There are literally pages of transcript regarding the definition of the word ‘cliff’ in the record below,” the decision reads, “but not one of qualified testimony on the subject of the gas pipeline on behalf of either the board or the applicant.”
Farrington validated residents’ complaints that a testimony from a Transco representative should have been required.
“The Planning Board refused to subpoena Transco to answer the questions regarding safety of the construction over Appleview’s objection,” the decision reads.
Evidence had been presented to the board in regards to a correspondence between Transco and the developer. However, the court determined that this type of evidence was insufficient in demonstrating the safety of the pipeline.
“Without direct testimony from qualified, Transco personnel, the court is unable to find that the safety considerations required by the municipal land use law has been met,” the decision says.
Officials, residents weigh in
Officials in North Bergen have supported the project, which will bring additional tax revenue to the township.
In Guttenberg, Mayor Gerald Drasheff submitted a speech to the county Planning Board, which an attorney read at a hearing. “I am not opposed to development in my area,” the speech said. But it urged the board to ensure that the developer follows safety protocol in regards to the pipeline.
In response to the judge’s decision, North Bergen Town Spokesman Phil Swibinski said the township still believes the project is safe.
“The township remains confident that the Appleview project will be built,” said Swibinski in an e-mail, “[that it’s] completely safe and that it will be beneficial for the area.”
Swibinski also explained how the town stands to benefit.
“[Appleview] will add a desirable new ratable to North Bergen’s tax base, helping keep property taxes stable for residents.” continued Swibinski.
Critics of the project were satisfied with the decision.
“[The] courts have been forced to intercede and tell the planning board what it should have known,” said Peggy Wong, a North Bergen resident and president of the Coalition to Preserve the Palisades Cliffs. “[The] safety of the public is paramount in any planning board decision. We hope the planning board will get it right this time.”
“The whole town could have been blown off the map,” said Mike Deluca, a resident of the Galaxy Towers. “The judge’s reversal was the responsible decision.”
Galaxy resident Siat Ng, a major organizer of opposed residents, said in an e-mail that she is pleased with the decision and hopes the board will apply high safety standards in its review.
Appleview attorney Carmine Alampi did not return a phone message for comment.
Stephen LaMarca may be reached at slamarca@hudsonreporter.com.