An old railroad embankment will continue standing for now, despite the property owner’s desire to tear it down and build a development.
The owner of the Sixth Street Embankment, Steve Hyman, has vowed to appeal the city’s denial of his plans in state court and to sue Jersey City for violating his “civil rights.”
At a special meeting on Tuesday, the Jersey City Zoning Board of Adjustments, which decides zoning issues and appeals of previous zoning rulings in the city, upheld a May decision by the Historic Preservation Commission (HPC) to deny permits to demolish the Embankment.
“I believe the Zoning Board did the right thing.” – Maureen Crowley
________
Hyman applied to the Jersey City Historic Preservation Commission to get “certificates of economic hardship” – claiming it would cost millions more to build houses on top of the Embankment as it stands – so he could demolish some of the Embankment and start to build two-family homes on the cleared land.
The city, however, is working in tandem with the Embankment Preservation Coalition to preserve the Embankment for a linear park and light rail spur. The developer’s lawyers and city lawyers have presented arguments against and for upholding the Historic Preservation Commission’s decision.
At Tuesday’s two-hour meeting, the Zoning Board did not revisit the 25 hours of testimony the HPC had listened to before denying the permits in May. But it still voted to uphold the rejection of the Embankment owner’s application go ahead with demolition.
Embankment Preservation Coalition co-founder Maureen Crowley praised the Zoning Board’s decision.
“I am very happy that the Zoning Board affirmed the decision of the Historic Preservation Commission,” Crowley said. “I believe the Zoning Board did the right thing.”
Hyman, as expected, blasted their decision.
“Stupidity prevails, but never wins,” Hyman said. He said he will appeal the Historic Preservation Commission’s decision in state Superior Court within the next two months, and said he plans to file a lawsuit against the city for violating his “civil rights.”
Tearing down more than just structure
At the meeting, in front of an audience of about 40 people, Hyman’s lawyer ripped into the city’s fight to preserve the Embankment, which she referred to as an “unattractive structure.”
Attorney Michele Donato characterized the ruling by the HPC with the statement, “Do not confuse me with the facts; my mind is made up.”
Her comments elicited looks of disbelief from supporters of the Embankment’s preservation.
Jack Dineen, a lawyer retained by the city to monitor Historic Preservation Commission meetings pertaining to the Embankment, poked holes in the developer’s argument for economic hardship as a reason justifying demolition.
He pointed out that the proposed houses Hyman wants to build would be sold by the developer at prices upwards of $2 million, suggesting a profit could be made even if the houses were located on top of the Embankment as it now stands.
Ricardo Kaulessar can be reached at rkaulessar@hudsonreporter.com.