Construction has already begun on two 17-story towers that are rising at 101 Marshall St. on Hoboken’s west side, and the project was approved by the Zoning Board in 1998. But residents who feel there is too much development in Hoboken are trying to find any way they can to stop the project.
On Monday July 1, community activists from Hoboken and Jersey City filed a lawsuit to stop construction even though the skeleton of eight stories is already standing.
The lawsuit, filed in Hudson County Superior Court in Jersey City. Besides overturning Zoning Board approval, the suit also seeks to overturn approvals from the North Hudson Sewerage Authority that will allow the builder of the project to connect the building to the city’s sewer lines. Also named in the suit are Gateway I LLC and Harrison Street Apartments, the corporations that own the property.
The 77,500 square foot lot on which the project will be built is located in the shadows of the Palisade hills, adjacent to where the tracks for the Hudson-Bergen Light Rail system are being laid. The two towers will rise 158.3 feet each, and will contain two restaurants, a 25,384 square foot health club, 5,240 square feet of retail space, and an enclosed parking garage that will rise seven stories, with 431 spaces.
In the past five months, concerned residents have attended City Council meetings to voice their worries. The grassroots effort quickly expanded from impromptu, informal gatherings to a structured hierarchy with scheduled, well-attended meetings. The group has become so organized that it has incorporated and now goes under name Hudson County Alliance Inc.
In the suit, the Hudson County Alliance argues that proper legal notice of the zoning hearings was not given to neighboring Jersey City, which borders the property. Many Jersey City residents have come out against this project because they feel it will block their views from the Palisades and could cause traffic problems that might affect Jersey City Heights.
The suit also claims that the project might exacerbate flooding and sewer problems in the area. Sanford Weiss of Manhattan Builders, the builder of the project, did not return a phone call seeking comment on the lawsuit.
Politically incorrect
Also, every member of the nine-person City Council has voiced his or her objection to this project. On Wednesday the council unanimously passed a resolution that seeks to have the city’s attorneys intervene in the case.
At the meeting, the council approved the hiring of Michael Pane, a renowned land use attorney from Hightstown, N.J., for a professional service contract not to exceed $20,000. Pane is the attorney who was successful in halting the massive Millennium Towers project in Jersey City.
Pane said Thursday he is currently reviewing the case, but said he could not comment any further.
The city’s corporation counsel, Esther Suarez, said Wednesday that if Pane believes the city has a solid case then it will enter into the litigation with the Hudson County Alliance.
"If he says there is a likelihood of success, then he has the permission of the City Council to go forward with litigation," said Suarez.
New City Council President Ruben Ramos Jr. then reiterated what the city’s attorney said. "He [Pane] has the full authority of City Council," said Ramos.
The members of the public present Wednesday supported the resolution but urged that the council proceed quickly. "It’s in the best interest of the council to support this resolution," said Elizabeth Markevitch, the spokeswoman for the Hudson County Alliance.
Community Activist Michael Lenz implored the council to proceed with due haste. "This is an example of the community coming together," said Lenz. "But it is exceeding clear that we must act quickly. We really must be in court immediately."