Saying that a 42-story residential high-rise proposed just off Journal Square would be out of place in their neighborhood, residents of Magnolia Avenue convinced the City Council at its Feb. 25 meeting to table an ordinance that would have vacated a street necessary for access to the project.
A lawsuit filed six years ago against the city by Netter and International Chain Enrico Corp., which owns the property, contended that the city’s redevelopment plan for the Journal Square area downsized the development potential for the proposed project.
Vacating West Street, a cul de sac that leads off Magnolia and into the site, was one of several conditions to settle the suit agreed to by the Healy administration and previous City Council and developer Avner Netter two and half years ago.
Councilman Richard Boggiano called the proposal a bad deal for the neighborhood and urged the council to oppose the move.
“This is a hot issue in the neighborhood,” he said. “This doesn’t belong there. We don’t want the traffic. This is an area zoned for five stories.”
But City Counsel Jeremy Farrell said the ordinance to vacate West Street is part of the court settlement. If the city was to try to fight it now, the developer would likely win in court anyway.
City Planner Robert Cotter said the area is zoned to allow four to eight stories, and the developer had originally proposed a building 11 stories high by 600 feet wide.
“Rather than have a building like that, the council agreed to let them go 42 stories high,” Cotter said. In exchange for the increased height, Netter agreed to construct a park adjacent to the building.
Councilwoman Diane Coleman said trying to undo the settlement would cost the city legal fees and accomplish nothing.
“We don’t just want to put on a show,” she said. “This is a legally binding contract.”
Councilwoman Candice Osborne agreed, saying this was simply cleaning up paperwork.
“It’s like our having to pay bills for things done in another administration,” she said.
Public opposes the 42-story building
Residents of the neighborhood said the previous council betrayed them, saying that their wishes were not considered when settlement was approved. That vote, however, was 5-4, with then-Councilmen Steven Fulop and David Donnelly and current Council President Rolando Lavaro voting against it.
“There is no reason to allow this no matter how much money the developer has,” said Ann Marley, a resident of the area. “This project will block light and ruin the aesthetics of the neighborhood. This project should meet the same height restrictions and setbacks as other buildings do. The mayor and City Council represents all of us, not just for those for whom money talks.”
Born and raised on Magnolia Avenue, Marley said the neighborhood was not Journal Square and the project should be moved to an area where it is more appropriate.
She and other residents said the park – which would be located on the edge of the PATH rail line – would be isolated, attract homeless people, and would become a potential haven for crime. The agreement, they said, is also unclear as to who would be responsible for maintaining the park.
“The city has not been in contact with neighborhood,” Marley said. “We need you to preserve our neighborhood. It is not too late to fix this mistaken action.”
Evelyn Rubio said the new development would literally be located in her back yard. She said the park and the new building would be located on top of Palisade bedrock, and construction work would cause damage to homes, some of which were constructed in the 1800s.
“Our prior councilwoman sold us out,” Rubio said. “We had a meeting everybody was there. We told her our concerns, and that we didn’t want this building. She came back to the council and said we had voted yes. It was a lie.”
The proposed development would create problems in infrastructure such as sewer lines and parking, she said.
Caroline Kolombaris, a property owner on Magnolia, said the project would require pile driving into Palisades’s rock and this would have an impact on the historic houses. She noted houses on East Street are historic, dating to the late 1800s.
East Street is another dead end street off Magnolia that parallels West Street.
She also said construction vehicles would be forced to use Baldwin Avenue and would add traffic woes to an area already burdened with traffic backups.
Elizabeth Pittman said she’s lived in the neighborhood for 30 years. “What about the people who continue to live there?” she asked. “Fix this.”
John Jarema said his family brought a house in the neighborhood in 1968.
“The neighborhood had two and three family houses, no skyscrapers,” he said. “If we wanted to see skyscrapers we would go downtown and look across at Manhattan. This 42-story building does not fit in our neighborhood. Just because they are building skyscrapers on the other side of Summit Avenue doesn’t mean we should have one in our neighborhood.”
Catherine Walsh, an attorney who represents the applicant, said she would be willing work with the neighborhood to deal with their concerns. But she also said that resolving this matter was already overdue.
“We’re two and a half years after the settlement,” Walsh said. “I don’t think this is the appropriate time for this.”
Boggiano, however, said the 42 story building should not be built where it is proposed.
“If you want to build, then move it to the other side of Summit Avenue. Let us buy the land and build two and three family houses on it. I don’t know why the prior administration voted on this, but I’m going to ask for an investigation. We have a redevelopment plan. It should not have been changed.”
Ferrell said delaying the closing of West Street won’t stop the project from moving ahead, but it will expose the city to legal action. “The settlement was made in 2012. All the other changes for construction of the high rise are already done.”
He said the city may have other options, such as denying the property a tax abatement.
Even though Coleman, Osborne, and others believed they would eventually have to abide by the court settlement, the council unanimously voted to table the ordinance in order to discuss its options.
Al Sullivan may be reached at asullivan@hudsonreporter.com.