Growing pains

Development at old gas station irks neighbors – and what you can do

Any growing city will have to suffer sometimes from the noises of new construction, but residents at The Metropolitan, a building at 1300 Clinton St., say the side effects of a new development across the street have been irksome for too long.
However, residents of the west side of the city may experience more construction headaches over the next few years, as the city plans to undertake several development studies for the formerly industrial western portions of town. So what can you do if loud noises or odors bother you, and what are the city’s rules?

Mixed use

The project that has bothered the Metropolitan residents is a building that will contain apartments and commercial space. It’s being erected on the site of a former gas station between Willow Avenue and Clinton Street.

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“We’re always getting mixed messages.” – Kara Lombard
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Kara Lombard, a resident of the Metropolitan, said she’s run out of people to turn to who can help her. On Monday morning, her sister Melinda sent an e-mail to the mayor’s office, the City Council, and multiple news outlets complaining about jack hammering and the odor of gasoline.
Melinda said in an e-mail that they are often told that the project is being done with the correct permits, but it doesn’t help stop the thick, gaseous smell that sometimes surrounds the building.
“We’re always getting mixed messages,” Kara Lombard said. “We just don’t want to smell gasoline anymore.”
Advance Realty, the developers, sent out a statement last week in response to complaints. They said they are “mitigating odor produced by using a substance called odor encapsulation foam,” and are adding a backup machine in case the first machine malfunctions.
“We understand [the] concerns,” they wrote, “and are working diligently to minimize the impact to the surrounding community as we take on this extensive remediation effort.”
Advance Realty also said they are working to schedule another community meeting to address concerns.
Mayor Dawn Zimmer said Thursday that she had the city’s public safety director reach out to the Fire Department to let them know of the gaseous smells coming from the project. The Fire Department determined that the fumes do not pose a hazardous threat to the residents.
Lombard said part of the problem is also noise.
“With the construction going on, our building is literally shaking,” Lombard said. “I feel like I’m in a cheap motel and I put the quarter in the bed here.”
Lombard claimed she heard jackhammering on the site on a Saturday at 7:30 a.m. Construction work in the city is only allowed on weekdays. However, she said that when she called the police, she said that she was told there was nothing the police can do.
Lombard and other residents also have hung up flyers telling neighbors to call the state Department of Environmental Projection if there is a problem with the smell. She said a Department of Environmental Protection officer arrived around 11 p.m. Wednesday night.
“The second he showed up, it was like the wind shifted and we couldn’t smell it,” Lombard said. “But there were guests of a resident outside the building and they smelled it and said ‘Oh that’s awful.’ ”

What should you do?

So, what are the rules for construction in the city, and what can residents do if there are problems?
For construction, which is defined as “any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures,” permitted work hours are 8 a.m. to 6 p.m., Monday through Friday, according to city spokesperson Juan Melli. Construction workers can be on site at 7 a.m., but only to do preparation work, Melli said. They can not run heavy equipment or machinery until 8 a.m.
Work may only be performed on weekends and federal holidays for emergency repairs or work on public utilities.
These guidelines do not include home or yard maintenance, which is permitted from 8 a.m. to 6 p.m. on weekdays and between 9 a.m. and 6 p.m. on weekends and holidays.
A developer may request an exception to work on Saturdays, which is subject to Planning Board or Zoning Board approval, Melli said.
If construction is going on outside of the allowed hours, residents can call the construction office at (201) 420-2066 or the zoning office at (201) 420-2063 during business hours. All other times, residents should call the Police Department at (201) 420-2100.
The city also recently implemented a noise ordinance, which sets guidelines to measure loud noises and determines if a fine should be issued. The noise ordinance rules can apply to construction projects, Melli said.
As far as suspected toxic or hazardous smells, residents should call the Hoboken Fire Department. If the smell is unpleasant but determined by the Fire Department not to be toxic, residents can call the New Jersey Department of Environmental Protection.
Ray Smith may be reached at RSmith@hudsonreporter.com

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