The Jersey City Zoning Board of Adjustment voted 7-0 Thursday to overturn a zoning officer’s decision permitting the construction of rooftop tennis court on Mountain Road. The court is on top of a home owned by Norman Wilson, who also owns the famed Wilson’s Carpet store seen in the opening credits of “The Sopranos.”
The tennis court was constructed on and off for the past few years, according to neighborhood residents who opposed the court’s construction. Michael Kates, the attorney representing Mountain Road residents who wanted construction halted, cited Jersey City zoning law for recreation uses in residential area. Noting that tennis court is located in R-1 zone, Kates said the law gives specific examples of what can and cannot be “accessory use” on a residential building.
Kates added accessory use is what can and cannot be added to a building in a particular zoned area.
“In the R-1 zone, recreation uses that are not otherwise expressed, are not allowed,” said Kates.
Kates also noted that R-1 has a 25 foot limit for height and went on to claim that the height of the tennis courts is 27 feet.
“The history of the building has the addition of a second story in the past,” said Kates. “It should have been subjected to site plan renewal [for the court].”
Kates went on to add that the tennis court is visual annoyance to residents in the area.
“This will only increase when he puts in the lighting,” Kates added.
Representing Wilson was Anthony Modafferi, who argued that the tennis court was actually a recreation center.
“More than tennis will be played in that area,” Modafferi argued. “Squash and other games can also be played up there.”
Modafferi added the zoning law for the R-1 zone does not prohibit a recreation area that will have multiple purposes.
“Mr. Wilson is going to do what he is entitled to do with his property,” Modafferi stated. “This is not just a tennis court, but a multi-use recreation area.”
Zoning Board Attorney Robert Beck did affirm that no lines had been painted on the surface of the court at the present time.
Clare Davis, Zoning Board secretary, noted the uniqueness of the tennis court constructed on the second floor of house in the Heights.
“I don’t think you can find this is a normal, implicit use in Jersey City,” said Davis. “I don’t think this what people want next to their homes.”
Modafferi counter-argued that although a use is made less often than other, it does not mean the use is out of the ordinary.
Davis reminded the Zoning Board that their decision would set a precedent for other such cases in Jersey City.
“This type of thing could happen to any rooftop in Jersey City,” said Davis. “It will have an effect on other property in Jersey City.”
The Zoning Board then voted to overturn the zoning officer’s decision to allow the tennis court.
Modafferi said he would appeal the Zoning Board’s decision to the Hudson County Superior Court in the near future.
According to Kates, the tennis court had been stopped on a number occasions during the construction process for construction violations.
“First the zoning officers ruled it was not an allowable use,” said Kates. “Later on, they reversed the ruling and allowed the court.”
Kates made a number of efforts, on behalf of the neighbors, to halt construction until the case came before the Zoning Board again, but was unsuccessful.
“With this ruling on Mr. Wilson’s project, the ball is in his court,” Kates stated.
A number of residents in the area of Mountain Road mentioned that during the construction of the tennis court, debris from the roof fell into their yards.
Modaffetti said he was unaware of such incidents.
In other news, the Zoning Board tabled a request for reconsideration by Longstreet Associates, LLC, which was to be heard Thursday night. According to Board Chairman Lonnie Sobel, the owner of the development firm was unable to attend the meeting. The proposed project would create a 76-unit, five story apartment building at the corner of 209-215 Newark Ave. and 291 First St. According to Zoning Board records, the building would have 3,800 square feet of ground floor retail space and 50 parking spots.