A lawsuit by an environmental group and a homeowner’s association appears to have been successful in stopping a proposed high-rise development on one of the last parcels of undeveloped land on the Hudson River – at least, for now.
However, the developers have written to the state to request a hearing on the matter.
The NY/NJ Baykeeper group and the Bergen Ridge Homeowner’s Association filed a suit after the state DEP in 2006 gave a permit to the developers of the three “Riverview” towers at River Road and Bulls Ferry Road in North Bergen. The towers would be 95 feet high. The project also would include 34 townhouses and a parking garage.
Last week, the DEP rescinded its permit. The DEP said the biggest portion of the development runs parallel to the river, instead of perpendicular. The DEP also thinks the project would cause too large a traffic increase.
The environmental group would like the area to be a park.
The Riverview developers are protesting the decision. Scott Rekant, a lawyer for Riverview Development, sent a letter to the state on June 8 requesting a hearing and detailing why they believe the DEP’s revocation was incorrect.
The letter states that the DEP’s revocation of the permit is inconsistent with the agency’s own procedures, and that the reasons for the decision were “arbitrary, capricious, unreasonable and otherwise not in accordance with law.”
The development could end up paying $5.5 million in taxes, if built.
Bergen Ridge had been thwarted in previous attempts to halt the project. In February of 2010, the judges on a State DEP appellate panel ruled that the homeowners’ right to a skyline view was not constitutionally protected, according to court documents.
On Nov. 12 of last year, the state Supreme Court’s Appellate Division remanded the matter to the DEP after receiving a briefing from Baykeeper and the Homeowner’s Association.
Baykeeper Deputy Executive Director Greg Remaud said he would like to work with the Riverview developers toward a solution. But he said the land is “only suitable for parkland.”
He said, “We hope we can work with the property owner to find a solution that works for them, for the environment and for the residents of North Bergen.”
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