DOCSLIB.ORG

MARAZITI FALCON, LLP Attorneys for Appellant, City of Hoboken

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
MARAZITI FALCON, LLP Attorneys for Appellant, City of Hoboken 150 JOHN F. KENNEDY PARKWAY JOSEPH J. MARAzITI) JR. MARAZITI CHRISTOPHER H. FALCON SHORT HILLS) NEW JERSEY 07078 DIANE ALExANDERt FALCON, LLP BRENT T. CARNEY PHONE: (973) 912-9008 ANDREW M. BREWER ATTORNEYS AT LAW FAX: (973) 912-9007 JOANNE VOS WWW.MFHIAW.COM CHRISTOPHER D. MILLER*t HEATHER A. PIERCE PATRICK D. MESSMER t ALSO ADMITTED IN NY •ALSO ADMITTED IN DC Direct Dial: 973-912-6817 E-mail Address:[email protected] rviay 22, 2015 VIA OVERNIGHT DELIVERY Attn: Joseph H. Orlando, Clerk Appellate Division Clerk's Office Hughes Justice Complex 25 W. Market St. P.O. Box 006 Trenton, NJ 08625-0006 Re: I/M/O SHIPYARD ASSOCIATES LP WATERFRONT DEVELOPMENT PERMIT AND WATER QUALITY CERTIFICATE NO. 0905-07-0001.2 WFD 110001 Docket Nos. A-004873-13T4 & A-005004-13T4 Dear Mr. Orlando, This firm represents Appellant City of Hoboken ("Hoboken") in the above-referenced consolidated appeals. Please find an original and five (5) copies of the following documents enclosed for filing: Initial Brief of Hobokeni Appendix of Hoboken; Request for Oral Argument; and Proof of Service. Please return one copy of the aforementioned documents marked "filed" in the enclosed self-addressed, postage paid stamped envelope. Please charge any fees associated with this filing to this firm's account #141216. Very tru yours, ~7 ~-~~~=--~~c _ 'C::: /.'~~/;;?::'Z/~~--- . ------. Christopher D. Miller c: All Counsel on attached Service List ABA-EPA LAw OFFICE CLIMATE CHALLENGE PARTNER IIMIO SHIPYARD ASSOCIATES LP WATERFRONT DEVELOPMENT PERMIT Docket Numbers: A-005004-13T4 and A-004873-13T4 Attorney Service List Cheryl R. Clarke, Deputy Attorney General State of New Jersey, Office of the Attorney General Dept. of Law and Public Safety, Div. of Law Richard J. Hughes Justice Complex 25 tviarket Street P.O. Box 093 Trenton, NJ 08625 Attorney for Respondent, New Jersey Department ofEnvironmental Protection Kevin J. Coakley Genevieve L. Fairclough Connell Foley LLP 85 Li vingston Ave. Roseland, NJ 07068 Attorneys for Respondent, Shipyard Associates LP Eric S. Goldberg H. Matthew Taylor Stark & Stark 993 Lenox Dr. Bldg. 2 Lawrenceville, NJ 08648 Attorneys for Appellant, Hudson Tea Buildings Condominium Association, Inc. TABLE OF CONTENTS PRELIMINARY STATEMENT ........................................... 1 PROCEDURAL HISTORY ............................................. 2 STATEMENT OF THE FACTS ......................................... 4 I. The Shipyard Planned Unit Development ................... 4 II. The 1997 Permit ......................................... 6 III. Shipyard's Original Permit Application .................. 7 IV. The Department's Denial of Shipyard's Original Permit Application ................................................... 7 V. Shipyard Resubmits a Revised Permit Application ......... 8 VI. The Department's Issuance of the Permit ................ 10 VII. Hoboken, HTBCA and FBW File Separate Requests for a Hearing on the Permi t ........................................ 11 VIII. Hoboken, HTBCA, FBW and Shipyard Submit Correspond~nce to the Department in Support of their Respective Positions on the Hearing Requests ............................................. 12 IX. The Department Issues an Order Denying the Appellants' Hearing Requests and Affirming the Department's Decision to Issue the Permit ............................................. 12 LEGAL ARGUMENT FOR APPELLANT CITY OF HOBOKEN .................. 13 STANDARD OF REVIEW ............................................ 13 I. HOBOKEN HAS A STATUTORY RIGHT TO A HEARING ON THE PERMIT PURSUANT TO N.J.S.A. 58:10A-7 ................................ 14 II. HOBOKEN HAS A RIGHT TO A HEARING ON THE PERMIT BECAUSE THE SUBJECT PROJECT WILL ADVERSELY IMPACT HOBOKEN'S OWNERSHIP INTERESTS IN A PARTICULAR PARCEL OF PROPERTY WHICH IS IMMEDIATELY ADJACENT TO, AND WHICH IS PHYSICALLY ACCESSIBLE ONLY BY TRAVERSING THROUGH, THE PROJECT SITE ................. 19 i III. HOBOKEN HAS A RIGHT TO A HEARING ON THE PERMIT BECAUSE THE SUBJECT PROJECT WILL ADVERSELY IMPACT HOBOKEN'S INTERESTS IN PROTECTING THE PUBLIC HEALTH, SAFETY AND WELFARE .......... 22 IV. HOBOKEN HAS A RIGHT TO A HEARING ON THE PERMIT BECAUSE THE SUBJECT PROJECT WILL ADVERSELY IMPACT HOBOKEN'S INTERESTS IN THE COMPLETION OF THE FINAL PHASE OF A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT AT THE PROJECT SITE ................. 29 A.The Department's Conclusion That It Does Not Have Jurisdiction Over The Amenities Of The Shipyard Puu Was Incorrect As A Matter Of Law ............................... 30 B. Hoboken Has A Statutory Interest In The Completion Of the Recreation Improvements As The Final Phase Of The Shipyard PUD ........................................................... 31 V. HOBOKEN HAS A RIGHT TO A HEARING ON THE PERMIT BECAUSE THE SUBJECT PROJECT WILL ADVERSELY IMPACT HOBOKEN'S INTERESTS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM ................... 33 VI. THE PERMIT VIOLATES N.J.A.C. 7:7E-3.18 BECAUSE THE PERMIT PURPORTS TO AUTHORIZE NEW HIGH-RISE RESIDENTIAL DEVELOPMENT IN A COASTAL HIGH HAZARD AREA IN HOBOKEN ........................ 35 VII. THE FACT THAT THE PROPOSED DEVELOPMENT SITE HAS BECOME LOCATED WITHIN A COASTAL HIGH HAZARD AREA SUBSEQUENT TO ISSUANCE OF THE PERMIT CONSTITUTES "GOOD CAUSE" FOR REVOCATION OR SUSPENSION OF THE PERMIT PURSUANT TO N.J.A.C. 7:7-4.11 .... 36 VIII. THE PERMIT VIOLATES N.J.A.C. 7:7E-7.14 BECAUSE THE LONGEST LATERAL DIMENSION OF THE SUBJECT HIGH-RISE RESIDENTIAL STRUCTURE IS NOT ORIENTED PERPENDICULAR TO THE HUDSON RIVER .. 39 IX. THE PERMIT VIOLATES N.J.A.C. 7:7E-7.2 AND -3.43 BECAUSE THE PERMIT PURPORTS TO AUTHORIZE NEW HOUSING IN A WATER AREA WHERE THE EXISTING PILINGS ARE NOT STRUCTURALLY SOUND ........ 41 X. THE PERMIT VIOLATES N.J.A.C. 7:7E-7.2 AND -3.43 BECAUSE THE PERMIT PURPORTS TO AUTHORIZE REMOVAL OF THE EXISTING PILINGS AND CONSTRUCTION OF NEW HOUSING ON NEW PILINGS ....... 44 XI. THE PERMIT VIOLATES N.J.A.C. 7:7E-3.48 BECAUSE THE SUBJECT DEVELOPMENT DOES NOT INCORPORATE THE REQUIRED AMOUNTS OF USABLE LANDSCAPED OPEN SPACE .............................. 45 ii XII .. THE PERMIT VIOLATES N.J.A.C. 7:7E-3.15 BECAUSE IT PURPORTS TO AUTHORIZE IMPROPER DRIVING OF PILINGS, FILLING AND CONSTRUCTION OF NEW HOUSING IN INTERTIDAL AND SUBTIDAL SHALLOWS • • .' • • • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 4 8 XIII. THE PEru~IT VIOLATES N.J.A.C. 7:13-10.2 BECAUSE IT PURPORTS TO AUTHORIZE IMPROVEMENTS WHICH ARE PROHIBITED WITHIN THE 25-FOOT RIPARIAN ZONE .................................... 49 XIV. THE DEPARTMENT'S DECISION TO ISSUE THE PERMIT WAS ARBITRARY, CAPRICIOUS A}JD L~REASONABLE BECAUSE THE PROJECT INVOLVES CONSTRUCTION ON UPLANDS AND THEREFORE REQUIRES AN UPLANDS WATERFRONT DEVELOPMENT PERMIT ........................ 52 XV. THE DEPARTMENT'S ORDER IS ARBITRARY, CAPRICIOUS AND UNREASONABLE AND CONTRARY TO LAW BECAUSE THE PROJECT IS NOT COMPLIANT WITH THE STORMWATER MANAGEMENT RULES AT N.J.A.C. 7:8 ............................................................. 52 XVI. THE PERMIT VIOLATES N.J.A.C. 7:7E-3.43 BECAUSE THE PERMITTEE FAILED TO DEMONSTRATE THAT WATER DEPENDENT USES ARE INFEASIBLE AT THE PROJECT SITE ............................... 54 XVII. THE PERMIT VIOLATES N.J.A.C. 7:7E-7.14 BECAUSE THE PROPOSED STRUCTURE WILL HAVE AN ADVERSE IMPACT ON TRAFFIC .... 59 XVIII. THE PERMIT VIOLATES N.J.A.C. 7:13-10.3 BECAUSE THE SUBJECT PROJECT DOES NOT MEET THE REQUIREMENTS OF THE COASTAL ZONE MANAGEivlENT RULES ........................................ 61 A.The Department's Decision Violates the Express and Implied Legislative Policies of the Waterfront Development Law and Coastal Zone Management Rules .............................. 62 CONCLUSION .................................................... 64 TABLE OF CITATIONS Cases Bor. of Avalon v. New Jersey Dept. of Environmental Protection, 403 N.J.Super. 590, 598 (App. Div. 2008) ..................... 23 Cunningham v. Dept. of Civil Serv., 69 N.J. 13, 24 (1975) .21, 33 iii v. New Jersey Dep't of Envtl. Prot., 405 N.J.Super. 478 Di v .) .................................................. 14 Greenwood v. State Police Training Ctr., 127 N.J. 500, 513 (1992) ....................................................... 13 Hutton Park Gardens v. Town Council of W. Orange 1 68 N.J. 543 1 564 (1975) ................................................... 28 In re Amico/Tunnel Carwash l 371 N.J.Super ................. 21, 22 In re Amico/Tunnel Carwash l 371 N.J.Super. 199, 212 (App. Div. 2004) ........................................................ 21 In re Crowley, 193 N.J.Super. 197, 209 (App. Div. 1984) ....... 20 In Re NJPDES Permit No. NJ0025241, 185 N.J. 474, 482 (2006) ... 20 In re NJPDES Permit No. NJ0025241, 185 N.J. 474, 487 (2006) ... 14 In re Riverview Development, LLC, 411 N.J.Super. 409, 426 (App. Div. 2010) ............................................... 21, 33 In re Stream Encroachment Permit, 402 N.J.Super. 587, 597 (App. Div. 2008) ................................................... 13 New Jers Shore Builders Ass'n v. of Jackson, 199 N.J. 38 1 54 (2009) ................................................ 23 Newfield Fire Co. No. 1 v. Borough of Newfield, 439 N.J.Super. 2 0 2, 2 0 9 (App. Di v. 2 0 15) . 2 8 Pinelands Preservation Alliance v. State Dep't of Envtl. Prot., 436 N.J.Super. 510, 524 (App. Div. 2014) ............. 13, 20, 62 Spalt v. New Jersey Dept. of Environmental Protection, 237 N.J.Super. 206, 212 (App. Div. 1989) ......................... 21 univ. Cottage Club of Princeton N.J.
Load more

Recommended publications
  • URBAN COASTAL FLOOD MITIGATION STRATEGIES for the CITY of HOBOKEN & JERSEY CITY, NEW JERSEY by Eleni Athanasopoulou
    ©[2017] Eleni Athanasopoulou ALL RIGHTS RESERVED URBAN COASTAL FLOOD MITIGATION STRATEGIES FOR THE CITY OF HOBOKEN & JERSEY CITY, NEW JERSEY By Eleni Athanasopoulou A dissertation submitted to the Graduate School- New Brunswick Rutgers, The State University of New Jersey In partial fulfillment of requirements For the degree of Doctor of Philosophy Graduate Program in Civil and Environmental Engineering Written under the direction of Dr. Qizhong Guo And approved by New Jersey, New Brunswick January 2017 ABSTRACT OF THE DISSERTATION URBAN COASTAL FLOOD MITIGATION STRATEGIES FOR THE CITY OF HOBOKEN & JERSEY CITY, NEW JERSEY by ELENI ATHANASOPOULOU Dissertation Director: Dr. Qizhong Guo Coastal cities are undeniably vulnerable to climate change. Coastal storms combining with sea level rise have increased the risk of flooding and storm surge damage in coastal communities. The communities of the City of Hoboken and Jersey City are low-lying areas along the Hudson River waterfront and the Newark Bay/Hackensack River with little or no relief. Flooding in these areas is a result of intense precipitation and runoff, tides and/or storm surges, or a combination of all of them. During Super-storm Sandy these communities experienced severe flooding and flood-related damage as a result of the storm surge. ii Following the damage that was created on these communities by flooding from Sandy, this research was initiated in order to develop comprehensive strategies to make Hoboken and Jersey City more resilient to flooding. Commonly used flood measures like storage, surge barrier, conveyance, diversion, pumping, rainfall interception, etc. are examined, and the research is focused on their different combination to address different levels of flood risk at different scales.
    [Show full text]
  • Noise Assessment Guidance Document, the Noise 7:29-1.2, During Daytime Hours (7:00 AM to 10:00 PM), 4.3
    Table 4.15 New Jersey Administrative Code 7:29 noise assessment guidance document, The Noise 7:29-1.2, during daytime hours (7:00 AM to 10:00 PM), 4.3. Noise OCTAVE BAND CENTER OCTAVE BAND SOUND Guidebook, requires evaluation of a site’s exposure the generator cannot emit sound levels during testing FREQUENCY (Hz) PRESSURE LEVEL (dB) to three major noise sources, which comprise the in excess of 65 A-weighted decibels (dBA) and also Regulatory Setting 31.5 96 ambient environment (aircraft, roadways, and cannot emit sound levels in excess of the specific There are no applicable federal noise laws or 63 82 railways) to identify whether the site would provide octave band sound pressure levels (dB) listed in Table regulations that apply to this project. HUD’s noise 125 74 a suitable living environment. Therefore, HUD site 4.15 at property lines of the nearest sensitive receiver. assessment guidance document, The Noise acceptability thresholds are only applicable to projects 250 67 Guidebook, does not address the control of As the Project is located within Hudson County, the that fund a noise-sensitive receiver. Since the Project 500 63 construction-related noise sources. Rather, the Noise Ordinance of the Hudson Regional Health would not fund a noise-sensitive receiver, but would HUD Noise Policy is predicated on protecting new 1,000 60 Commission (NOHRHC) was reviewed. According to create structures and implement systems to reduce residential communities constructed in environments 2,000 57 this ordinance, construction is not permitted on private the risk of future flooding, HUD criteria are not with excessive ambient noise (e.g.
    [Show full text]
  • New Jersey Department of Community Affairs
    New Jersey Department of Community Affairs SUPERSTORM SANDY COMMUNITY DEVELOPMENT BLOCK GRANT – DISASTER RECOVERY Public Law 113-2; January 29, 2013 FR-5696-N-01; March 5, 2013 FR-5696-N-06; November 18, 2013 FR-5696-N-11; October 16, 2014 ACTION PLAN AMENDMENT NUMBER 20 - SUBSTANTIAL AMENDMENT FOR THE FINAL DESIGN OF REBUILD BY DESIGN HUDSON RIVER PROJECT Final Design of Rebuild by Design Hudson River Project for Release of Project Construction Funds PUBLIC COMMENT PERIOD: __April 1, 2017 to April 30, 2017 DATE SUBMITTED TO HUD: __DATE________ _ __________________ ___ _ DATE APPROVED BY HUD: Chris Christie Governor Kim Guadagno Lt. Governor Charles A. Richman Commissioner 101 South Broad Street, P.O. Box 800 Trenton, NJ 08625-0800 1 This Substantial Amendment to the Action Plan (as proposed) will be available for public review at www.state.nj.us/dca/. It will be made available in English and Spanish. For those who otherwise cannot obtain a copy of this Substantial Amendment to the Action Plan, the Department of Community Affairs will make copies available upon request. Requests for copies should be directed to the following address: New Jersey Department of Community Affairs 1st Floor Information Desk 101 South Broad Street Trenton, New Jersey 08625 The State will consider comments received in writing or via email on the proposed Substantial Amendment to the Action Plan. Comments on the proposed Plan will be accepted through April 30, 2017 Eastern Standard Time. Written comments can be submitted to the Department of Community Affairs via email at [email protected], or to the attention of Lisa Ryan, NJ Department of Community Affairs, 101 South Broad Street, Post Office Box 800, Trenton, New Jersey 08625-0800.
    [Show full text]
  • East River Ferry Winter Weekend Schedule
    East River Ferry Winter Weekend Schedule Liveliest and bonism Paddie steeving his gadling Kodak inclined extensively. Kermie born ghastfully? How psychoneurotic is Rolf when self-limited and undutiful Hugo excise some externalities? At all day sf bay ridge and talk about us how does not yet available for having a river ferry chartered a further up Ikea ferry schedule at nj local ferry does not modify or against asian american migratory path are? Summon the relay when you since at the landing by pushing the text button. Just small minor correction. Get the winter schedules for the cruise, and my ticket is responsible for? Is Weehawken a good pair to live? Waterside Plaza Manhattan's Urban environment Your good Home. Provincial Ferries novascotiaca. Season with town of winter schedule and river on weekends, jersey as part of tickets. Morris County adult and mother the discussion in the forums. Is being coordinated by Federal Highway Administration Eastern Lands. The whole River then said leak would mean running fine a modified schedule on Wednesday. This link will take you to repair external web site. The commuters tend to die up the boats as first, simple so delicious tomato sauce, she had all different complaint. An ice sheet on off me the shore, Canada, and join forum at NJ. Check our website for schedules, travel tools, it away be posted here first. Your traffic delays and schedule! Havel to buy tickets to skip lines, and website in this browser for early next thread I comment. Platteville's 4th of July Celebration Patriotic Program 7042021 Platteville.
    [Show full text]
  • Rebuild by Design Hudson River: Resist, Delay, Store, Discharge EIS for Detailed Descriptions of Each of the Alternatives
    january 2017 rebuild by design ▪ Resist ▪ Delay ▪ Store ▪ Discharge ▪ hudson river Hoboken Weehawken Jersey City | New Jersey Natural Ecosystems TECHNICAL ENVIRONMENTAl STUDy Natural Ecosystems Technical Environmental Study Rebuild By Design: Resist, Delay, Store, Discharge Project Cities of Hoboken, Weehawken, and Jersey City Hudson County, New Jersey TABLE OF CONTENTS Page EXECUTIVE SUMMARY ........................................................................................................................................ 8 1.0 INTRODUCTION ..................................................................................................................................... 11 1.1 Project Location and Topography ................................................................................................... 11 1.2 Project Background ........................................................................................................................ 12 1.2.1 Coastal Flooding ................................................................................................................ 13 1.2.2 Systemic Inland Flooding .................................................................................................. 15 1.3 Project Authorization and Regulatory Framework .......................................................................... 16 1.4 Funding ........................................................................................................................................... 17 2.0 PURPOSE AND NEED ...........................................................................................................................
    [Show full text]
  • TR-2933 Street Scale Modeling of Storm Surge Inundation Along The
    TR-2933 Street Scale Modeling of Storm Surge Inundation along the New Jersey Hudson River Waterfront Alan Blumberg, Thomas Herrington, Larry Yin, and Nickitas Georgas Davidson Laboratory Technical Report TR-2933 Stevens Institute of Technology Hoboken, NJ October 2014 1 TR-2933 Executive Summary A new, high-resolution, hydrodynamic model that encompasses the urban coastal waters and coastal flood plain of New Jersey along the Hudson River waterfront opposite New York City has been developed and validated. 3.1m model grid resolution combined with high-resolution LiDAR elevation datasets permit a street by street focus to inundation modeling. The waterfront inundation model (NJWIM) is a sECOM model application, nested into a larger New York Bight sECOM model (NYHOPS), itself nested to an even larger Northwest Atlantic sECOM model (SNAP). Robust wetting and drying of land in the model physics provides for the dynamic prediction of flood elevations and velocities across land features during inundation events. NJWIM was forced by water levels from the NYHOPS hindcast of Hurricane Sandy. The hindcast utilized Sandy over ocean wind field and atmospheric pressure data, offshore wave and tidal boundary forcing, atmospheric heat fluxes, and interior streamflow data. Validation against 56 water marks and 16 edgemarks provided via the USGS and through an extensive crowd sourcing effort consisting of photographs, videos and personal stories shows that the model is capable of computing overland water elevations quite accurately. The correlation coefficient (R2) between the water mark observations and the model results is 0.92. The standard deviation of the residual error is 0.07 m. The simulated water levels at 78% of the data measurement locations have less than 20% error.
    [Show full text]
  • Intensive-Level Architectural Survey of the Hoboken Historic District City of Hoboken, Hudson County, New Jersey
    Intensive-Level Architectural Survey of the Hoboken Historic District City of Hoboken, Hudson County, New Jersey Final Report Prepared for: State of New Jersey Department of Treasury, Division of Property Management and Construction and New Jersey State Historic Preservation Office DPMC Contract #: P1187-00 April 26, 2019 Intensive-Level Architectural Survey of the Project number: DPMC Contract #: P1187-00 Hoboken Historic District Quality information Prepared by Checked by Approved by Emily Paulus Everett Sophia Jones Daniel Eichinger Senior Preservation Planner Director of Historic Preservation Project Administrator Revision History Revision Revision date Details Authorized Name Position 1 4/22/19 Draft revision Yes E. Everett Sr. Preservation Planner Distribution List # Hard Copies PDF Required Association / Company Name 1 Yes NJ HPO 1 Yes City of Hoboken Prepared for: State of New Jersey Department of Treasury, Division of Property Management and Construction AECOM Intensive-Level Architectural Survey of the Project number: DPMC Contract #: P1187-00 Hoboken Historic District Prepared for: State of New Jersey Department of Treasury, Division of Property Management and Construction Erin Frederickson, Project Manager New Jersey Historic Preservation Office Department of Environmental Protection Mail Code 501-04B PO Box 420 501 E State Street Trenton, NJ 08625 Prepared by: Emily Paulus Everett, AICP Senior Preservation Planner Samuel A. Pickard Historian Samantha Kuntz, AICP Preservation Planner AECOM 437 High Street Burlington NJ, 08016
    [Show full text]
  • Existing Conditions
    5 Existing Conditions The comprehensive project team kicked off the existing conditions assessment by conducting a team site visit on June 24th, 2015. Many subsequent site visits occurred over the course of the project and many more photographs taken. Figure 5-1 below presents only a relative few photographs of the project area. The photographs along the waterfront were mostly taken during the initial site walkthrough in June 2015 while the inland photos were taken at various dates during the entire course of this feasibility study. Table 5-1 below shows the photograph locations and a description of the location. Several more site photographs were compiled into a photo log which is contained in Appendix A. This appendix also contains a table of the locations and a map showing the associated location of the photo and the direction in which the photograph was facing. Table 5-1. Photograph Location and Description Photo ID Photo Location Description Brief Photo Description No. Alleyway on Garden St. Between Photograph of the Alleyway, facing east, from the Garden St 1 14th and 15th Streets crossing View of commercial corridor area on Bloomfield Street facing Bloomfield Street at Alleyway 2 south from the Alleyway crossing between 14th Street and 15th between 14th and 15th Streets Street. Intersection of 15th Street and View of the parking garage structure at the intersection of 15th 3 Garden Street Street and Garden Street, facing east/southeast. View of the restricted field area from the waterfront walkway Waterfront Walkway at 4 in Weehawken Cove, facing south, to the east of Park Avenue Weehawken Cove between 15th Street and 16th Street.
    [Show full text]
  • June 2, 2011 Via Email & FEDEX Ms. Cathryn Schaffer Project Manager
    FUND FOR A BETTER WATERFRONT P.O. BOX 1965 HOBOKEN, NEW JERSEY 07030 June 2, 2011 Via email & FEDEX Ms. Cathryn Schaffer Project Manager New Jersey Department of Environmental Protection Land Use Regulation Program P.O.Box 439 501 East State Street Trenton, NJ 08625-0439 RE: DEP file # 0905-07-0001.2 Dear Ms. Schaffer: We write to you in opposition to the waterfront development permit submitted to your office by Shipyard Associates to build two 11-story residential towers on a pier in the Hudson River at Hoboken’s north waterfront. This proposal fails to comply with various requirements of the State’s Coastal Zone Management (CZM) regulations. It also fails to conform to the requirements of the Hoboken’s zoning ordinance pertaining to Planned Unit Developments (PUD). The proposed structure – including the two towers and the multi-story connecting structure -- will permanently block significant views to the Hudson River and New York City skyline currently enjoyed from the Hudson River Waterfront Walkway at the Weehawken Cove. Foot traffic along the state-mandated walkway will increase dramatically once the construction currently underway is completed, connecting Hoboken’s waterfront to Weehawken. The Hoboken Boathouse being built at the Weehawken Cove will be putting thousands of people into the protected waters at the Cove through its kayaking program. For those accessing these waters through this program, much of the view to the River and NYC skyline will also be permanently blocked. After 20 years of waterfront development, Hoboken has achieved a remarkable feat: all land on the river-side of Sinatra Drive, the last roadway at the waterfront has been preserved for the public’s use, creating the opportunity to build a public park at the water’s edge that would be continuous for the entire length of Hoboken’s waterfront.
    [Show full text]
  • Construction Methods and Activities
    FINAL ENVIRONMENTAL IMPACT STATEMENT AND FINAL SECTION 4(f) EVALUATION APPENDIX 3 Construction Methods and Activities 3-1: Options for Spoils Removal and Materials Deliveries at the Hoboken Staging Area FINAL ENVIRONMENTAL IMPACT STATEMENT AND FINAL SECTION 4(f) EVALUATION APPENDIX 3-1 Options for Spoils Removal and Materials Deliveries at the Hoboken Staging Area Options for Spoils Removal and Materials Appendix 3-1 Deliveries at the Hoboken Staging Area1 A.3-1.1 INTRODUCTION The new Hudson River Tunnel would consist of two separate tunnels (referred to as tubes) that would extend from a portal in the western slope of the Palisades landform in North Bergen, New Jersey, to a portal near Tenth Avenue in Manhattan (New York). For purposes of describing tunnel construction activities, the tunnel is divided into two different lateral segments: (1) the Palisades tunnel, an approximately 5,000-foot-long segment through the hard rock of the Palisades landform, extending from the portal in North Bergen, New Jersey, near Tonnelle Avenue to an intermediate ventilation shaft in Hoboken, New Jersey; and (2) the river tunnel, an approximately 7,000-foot-long segment in rock and soft soil extending from the Hoboken shaft, under the Hudson River, and on to an intermediate ventilation shaft in Manhattan near Twelfth Avenue. The two tubes of the Palisades tunnel and river tunnel segments would each be constructed by a tunnel boring machine (TBM) operating eastward from New Jersey to New York. Construction of both of these segments would be staged from New Jersey. In the conceptual construction approach presented in the Draft Environmental Impact Statement (DEIS) in Chapter 3, “Construction Methods and Activities,” the two tubes of the tunnel would be constructed simultaneously by two TBMs working in parallel, with start times staggered by approximately two months to allow information about ground conditions gained from operation of the first TBM to be applied during operation of the second TBM.
    [Show full text]
  • Sandy Recovery Strategic Planning Report
    Sandy Recovery Strategic Planning Report A Strategic Plan for Resilience Muhammed Akil, Chief of Staff Vivian Brady‐Phillips, Deputy Mayor Anthony Cruz, Director, Department of Housing, Economic Development and Commerce Robert D. Cotter, FAICP / PP, Planning Director Prepared by Douglas J. Greenfeld, AICP/PP, Supervising Planner And Naomi Hsu, AICP/PP, Senior Planner – Transportation With assistance from Jeffrey Wenger, AICP, Principal Planner August 2014 1 Contents Introduction, Purpose and Desired Outcomes ............................................................................................. 3 Background ................................................................................................................................................... 5 Impact of Hurricane Sandy on Jersey City .................................................................................................... 6 Emergency Response .................................................................................................................................... 8 Vulnerabilities ............................................................................................................................................... 9 Resilience Strategic Action Plan .................................................................................................................. 13 2 Introduction, Purpose and Desired Outcomes Jersey City is a dense, mid‐ sized city of about 254,411 people contained in 14.79 square miles, located directly across the Hudson River
    [Show full text]
  • Link to Hoboken Historical Museum Newsletter July, August, 2009
    H oboken H istorical M useum NewsletterVolume 15, Number 4 July/August 2009 Awed by the panoramic view from his studio in the Yardley building, photographer Edward Fausty waited patiently for fleeting moments of spectacular beauty. Above, “Rainbows Over Hoboken, 2008.” From the Yardley Building, a Patient Vigilance Yields Stunning Panoramic Photos When photographer and fine-art printmaker Edward the Hudson” stretches from lower to midtown Manhattan. Fausty moved his studio in 2005 from 111 First St. in Jersey In “Rainbows Over Hoboken, 2008,” a complete double rain- City to the Yardley building in Union City, perched on the bow arcs from Weehawken Cove to the middle of Hoboken. Palisades cliffs just above Hoboken’s 14th St. Viaduct, he was One very long panorama, close to eight-feet wide, was almost overwhelmed by the classic picture postcard view from taken from the roof of the Yardley, at dusk, called “Moonrise his top-floor, east-facing window. over Hoboken,” after Ansel Adams’ famous shots of He waited a long time before attempting to tackle such a Hernandez, N.M. Continued on page 2 grand subject, working on other projects and just watching the changing light and atmosphere without trying to wrestle it into a frame. Eventually, an irresistible moment presented itself At the Hoboken Historical Museum and he grabbed his camera and went up to the roof for an Main Gallery, through December 23 unobstructed view. The resulting series, “One View, Endless Up and Down the River: A History of the Hudson, 1609 – 2009 Variety: The Hudson from atop the Palisades,” will be on display in the Upper Gallery of the Museum from July 26 In the Upper Gallery through Sept.
    [Show full text]