24-story tower for Summit Avenue

[elizabeth]

Thank you Just Watching- I've only lived here few years and wondered how Prospect Heights was allowed to be built....I live near that building and so far no one could tell me how it happened! Now I understand why Mr.Pineles is so arrogant and condescending at the meetings....he thinks this is a done deal!! I also heard thru the grapevine that the judge you mentioned has stepped down from the bench.  We know what a small determined group can do, but, this resident group is not talking about a tree or tile--this will not be a case of "special needs trumps tree"  That board did their job, but they had to do what was mandated. We won't make the same mistakes, we are focused on bigger, important issues, like safety in our streets. This LTACH will add approx 400 vehicles to our streets daily. Crossing the street safely will be nearly impossible. So let's see, if I'm hit by a car while crossing my street.......I may need his services and won't have far to go to have my private room in his monstrosity building!! The safety and security issues are real for everyone, adults, children, joggers, cyclists, etc..  DOESN'T AN OXYGEN STORAGE TANK SCARE ANYONE?? It's kind of like having the space shuttle attached to the building!
We have been preparing for the next level for some time now....as I've said before, this affects not just our neighborhood, but reaches far down the road.
COME TO THE ZONING MEETING 7P.M. ON JULY 22!

[just watching]

Sorry to be the Bearer of bad news.  But this news is potentially catastrophic. 

Harris didn't step down, he was promoted to the Appellate Division. The Appellate Division handles appeals from Superior Court.  So when Pineles loses in Hackensack AND loses in Superior Court, they can appeal again to the Appellate Division.  I don't know if Jonathan Harris will be handling zoning matters, or what geographic area in New Jersey he'll be assigned.  If it's to hear Zoning Appeals in Bergen County, this is a bigger problem. 

This was sent to me by Mark Distler of the Save Paramus Wetlands Group. www.saveparamuswetlands.com.  The details of their case are too long to state here, suffice to say that 35 acres land was covered under a deed restriction completely preventing development, so when it sold the sale price was only $90,000 for 35 acres.  Now developers called "Enchantment" are trying to force through a large development on this property, in defiance of the deed restrictions. Paramus denied the project. Judge Harris overturned the denial by the Paramus Zoning Board, and the Appellate Divison overturned Harris.  Harris also overturned East Rutherford's denial of a high-rise along the Hackensack River, in a commercial / industrial zone 2 or 3 miles from any other residential structure.  He just wants to approve ANY development.

Superior Court Judge Jonathan N. Harris of Bergen County Elevated to Appellate Division

"Chief Justice Stuart Rabner today signed an order appointing Judge Jonathan N. Harris of Bergen County to the Appellate Division effective Aug. 1.

The Appellate Division of the Superior Court is New Jersey's intermediate Appellate Court. Appellate Division judges hear appeals from decisions of the trial courts, the Tax Court and state administrative agencies. The Appellate Division decides approximately 7,000 appeals and 7,500 motions each year.

Judge Harris was nominated by then-Gov. Thomas H. Kean in 1989 and has sat in the civil, criminal and family divisions in Bergen Vicinage. Judge Harris was reappointed in 1996 by then-Gov. Christie Whitman. In 2005, he was designated one of four judges in the state to hear mass tort cases.

Judge Harris is a graduate of Brown University and New York University School of Law. Prior to his judicial career, Judge Harris focused his private practice in the areas of land use development, tax appeals and chancery litigation. He also served as general and special counsel to several banking and municipal corporations and public utilities.

Judge Harris lives in Upper Saddle River with his wife Karen. The couple has two children, Joshua and Rachel. In his spare time, Judge Harris enjoys gardening, visiting botanical gardens and museums and reading, cooking and traveling".

[elizabeth]

OMG!! this is not good news! How can one find out where Judge Harris is assigned-how does the "assignment" process work? Does anyone out there know?

[bergen07601]

This may be useful reading for some ...  

A Zoning Variance is an authorization given by the Board of Adjustment to allow an exception to certain development standards prescribed in the Zoning Code. These standards regulate setbacks, lot dimensions, lot coverage, minimum/maximum sizes and heights of structures; where buildings, yards, parking lots, driveways, signs, and lighting may be placed on properties; and other zoning code requirements.

Zoning code regulations are written in a general manner, and, in most instances, apply to all properties equally. The Code, however, provides relief from the standards in unusual circumstances.

The process used to grant relief from strict requirements of the Zoning Code is called the variance process, which includes a public hearing. In order to receive a variance, property owners must submit an application at least 3 weeks before the hearing.

Submission of an application, however, does not guarantee approval. The land owner requesting the variance must show undue hardship or practical difficulty that is not self-imposed, and must demonstrate that the variance would not harm the public welfare, not have a negative impact on the prevailing character of the immediate areas, or would not adversely impact surrounding property values. The requirement that any hardship not be self-imposed is of particular significance. The purpose of this requirement is to prevent petitions to accommodate particular habits and hobbies of the property owner.

The requirement also prevents an owner from building a non-conforming structure and then seeking a variance for that structure on the grounds that it would be a hardship to tear it down. Depending on particular circumstances, you may be ordered to move or remove that non-conforming structure.

But an "inherently beneficial use" is a land use which inherently serves the public good and promotes the general welfare, examples of those uses which have been held to be "inherently beneficial," such as schools and hospitals.

If a use is held to be inherently beneficial, it presumptively satisfies the positive criteria for the grant of a use variance under the Municipal Land Use Law (MLUL), which is required when the proposed use is inconsistent with the zoning plan. 
To read the MLUL (assuming you can understand it) go to:
http://www.goleader.com/wf-masterplan/land_use_law.pdf (page 65) (40:55D-70 Powers); (page 66)(57(c) and (d)).

[bergen07601]

Plea to all Hackensack area property owners, renters, and commuters:
The public turnout at prior hearings was high and filled the hall. Given that many residents are away this time of year, those of you still in town please make a concerted effort to attend the July 22nd meeting with as many people as you can gather. Let's try to avoid an empty hall that evening.

Commenting on the above posts about how Prospect Heights was approved, let's worry about the next legal level when we get there. If we relax at this level, we may not get to the next. Let's not take anything for granted. Your presence is vital at upcoming meeting.  Please attend.

[elizabeth]

Hi bergen, thanks for info! Yes, we have to stay focused......we need to fill the meeting room next week, bring your friends, relatives...whomever, we need to fill the seats.

[Prospect Avenue Coalition]

#4553 - @bergen07601, agreed that we have to stay focused but have been hearing from residents some misinformation that this application is a done deal meaning that the Zoning Board has already approved it and the Mayor and Council knowing this had publicly announced their opposition to garner election votes from Prospect/Summit/Overlook Avenues residents. Although we have PC Air Rights as an example and the support of Bill Noonan we are novices to the workings of local government.

The information that Just Watching has provided on Prospect Heights has been invaluable to us and will aid us in rallying Hackensack residents. Information re: Judge Jonathan Harris also helpful and we will investigate further to determine if we will encounter him on the appeal circuit.

Mr. Pineles said that he believed that property values in the neighborhood would increase after his hospital was built although he would not give me a guarantee. If you plan to sell your unit or home in the next couple of years email prospectavenuecoalition@yahoo.com and they will send you a picture of the windowless 24 story tower then you can determine if a potential buyer would like to live near to that.

If you live in the area and you would like to be able to cross the street or to drive down the block then come on down to the 3rd floor auditorium at  City Hall 65 Central Avenue on Wednesday July 22nd at 7 pm.

[just watching]

I concur with the game plan.  PACK THE MEETING HALL and worry about the next step later.  But by all means do not think you've won when the Zoning Board votes "no".   

By the way, each level of appeal takes upwards of one year.  Meaning when they appeal to the Superior Court, that could easily take a year, and the appeal to Appellate Court could take another year.  I don't know if the legal issues of this case warrants an appeal to the State or US Supreme Court, but one never knows.

You see how long PC Air Rights has been going on, that's what you are in store for.

I suggest you adopt By-Laws and elect officers, and register as a 501(c)4 organization.  You are in it for the long hall.  You have the energy and momentum to do this now, don't be struggling to recontact your supporters 6 months after the conclusion of the Zoning Board case.

[Prospect Avenue Coalition]

Third Hackensack Zoning Board Special Meeting
Wednesday July 22, 2009 at 7 pm
3rd fl auditorium at City Hall 65 Central Avenue
Bring a sweater or a jacket

#4629

[Prospect Avenue Coalition]

#4692

Go tonight!

When the Zoning Board opens the floor to the public please please please go up to the mic and at a minimum say "I am against this project". If Zoning Board asks you to sign up your name so that you can ask a question of the engineer or traffic expert at the Fourth Special Zoning Board Meeting, if one is called, walk up to the mic and state your name and address.

See you at 7 pm.

[Prospect Avenue Coalition]

Save the date - Wednesday September 23, 2009
Fourth Hackensack Zoning Board Special Meeting
 
#4744 Thank you everyone for coming out again to show your opposition to the Richard Pineles Bergen Passaic Long Term Acute Care facility. ONCE AGAIN we packed the auditorium.  For those of you on vacation you missed some really good grilling given by Hackensack residents and then Mr. Ditkas who is representing our neighbor on Prospect Avenue totally shredded the architect. Good news for all you vacationers Mr. Ditkas is not done yet with his questioning of this now nervous expert as the expert was instructed to go home and bone up on Hackensack's zoning ordinances in preparation for a bright light interrogation session. Stay tuned because first up to bat against the architect on September 23rd - - Mr. Ditkas.
 
Still to come are the engineer and traffic expert. Although we need the month off we can not wait for September 23rd. Come and see what the area residents say next. We have to keep showing up in numbers. We have to be prepared to ask hard and relevant questions which will reveal that this project is not the right one for Prospect/Summit Avenues. If you can't be there at 7 pm come when you can. If you are not in town on that day get someone to go in your place.

The Hackensack Zoning Board has scheduled the fourth Special Meeting for Wednesday, September 23rd at 7 pm in the 3rd floor auditorium at 65 Central Avenue. See you then.

[Prospect Avenue Coalition]

#4984 Article in the Hackensack Chronicle on Friday July 31 should be titled "Architect raked over the coals.... stay tuned for next month's meeting on September 23rd to see if he can survive the grilling from objector's counsel". Shout out to Charles, Tama and Murray who live on Prospect Avenue and want HACKENSACK TO JUST SAY NO. Special shout out to newly elected council member John Labrosse who also came out to voice his opposition to the Pineles project planned for Prospect/Summit Avenues.

Residents irate at zoning board meeting
Friday, July 31, 2009
BY MARK J. BONAMO
Hackensack Chronicle

Architect Michael Szerbaty was just doing his job.

He came to the July 22 zoning board meeting in Hackensack on behalf of the potential project's owner Richard Pineles to explain the ins and outs of the proposed 24-story acute-care medical facility to be built on Prospect Avenue. Pineles did not speak at the meeting. But many members of the over 200-member crowd that packed the council chambers late into the evening spoke out, making it a long night for Szerbaty.

"If this building is constructed, which I hope it isn't, it's going to tie up traffic tremendously," said Prospect Avenue resident Charles Warren, reflecting a common concern of many in the audience. "I am profusely opposed to this structure. It's going to cause all kinds of problems environmentally, as well as with traffic. I don't think that this building belongs in a residential area."

Warren's words were a sample of the sentiments of most in the crowd, who have continued to clog zoning board meetings in the hope of stopping the project.

Controversy over project continues

Pineles is president of Bergen Passaic Long Term Acute Care Hospital LLC, the company that is seeking to obtain site-plan approval for the project, which would be built at 329 Prospect Avenue. According to deed records, the company purchased the property, presently occupied by a residential home, in 2007 for $1.33 million.

If constructed, the facility, which city officials have indicated will have a ground floor of 7,250 square feet, would primarily provide adult day care and dialysis, as well as other medical services, and would include several driveways and an underground parking garage. City officials have also stated that the company will need more than a dozen variances in order to complete the project, including variances for use, parking and lot size. The site is currently zoned for residential and multi-family buildings.

Pineles also owns Prospect Heights Care Center, a 180-bed nursing home facility located close to the site, as well as Regent Care Center, a nursing home on Polifly Road. He declined further comment at the July 22 zoning board meeting about the project, stating that it was company policy not to comment about a project that is pending and that is being proposed to the public.

New councilman, residents united in opposition

Newly elected council member John Labrosse attended the meeting, and during a break continued to voice his opposition to the project.

"There are too many other locations in Hackensack that fit this building without affecting the quality of life for residents," he said. "It's really not fair for this building to go up… professional witnesses, as well as local residents, have to come forward in order to make their case against the project."

Prospect Avenue resident Tama Cuperman also came to the meeting and came away with a distinct feeling about the proposed project.

"I'm getting [very aggravated], said Cuperman, 68. "There are lots of people who dislike this building. It doesn't belong where we live."

Other resident complaints centered upon quality of life, property values, traffic and environmental issues, reiterating concerns they have voiced at two previous zoning board meetings held since mid-May.

After the meeting, Prospect Avenue resident Murray Runin also expressed his dismay about the facility potentially being built in his neighborhood.

"I'm more convinced than ever that this doesn't belong there," he said. "It's not the type of business it is that I object to. But it's going to create havoc on Prospect Avenue. The more I hear about it, the worse it gets."

The next zoning board is scheduled for Sept. 23 at 7 p.m. at City Hall, 65 Central Ave.

E-mail: bonamo@northjersey.com

[hackaplan]

Today is the first time I read some of the info on the 24-story tower for Summit Ave on the Hackensack Community Message Boards.  It was quite by accident that I ended up reading the posts on this issue.  I instantly wanted to get involved, we must stick together and fight this as long and as hard as we can and not allow this construction to go through.  It will definitely be the end of Summit Ave as we know it.  All you have to do is look at Prospect Ave and know that where there were once beautiful and probably some historic houses is now all high rise and professional buildings.  I am marking my calendar for the next meeting and will show support for this cause as I am tired of feeling squeezed out by PROGRESS??? 

Those of us who have bought homes in this area over 30 or more years ago could certainly describe a different Hackensack.  I wish I had been aware of this message board before the newest medical building on Essex Street was built.  This building got permission to build a medical office building with allowance for extra height.  So few of us were going to be affected by this monstrosity that it went through and now I get to look out my back window and no longer see the sun rising but this huge grey square medical monstrosity. 

I live on the Dead End street parallel to Essex and have been here for many changes that have occurred in Hackensack.  I fought to have the Limelight night club closed down some 25 or more years ago.   For those of you that are not familar with the Limelight, it was located where the Lakeshore Learning Store is located on Essex St.  It was horrible when it was open and the activity that occurred was difficult to get through, (since there was not sufficient parking for the Limelight many of the people that would go there would park on our block, party with drinking beer before even going to the club, urinating on our lawns and disposing of not only empty bottles but used condoms).

I attended the Lodi City council meetings when the Home Depot was being built in Lodi just outside of our little Dead End street.  We were told we would get a barrier wall on each of the Dead End streets but on Kaplan they only went half way acrross so there is still access through the end of our block. 

I have had enough of the so-called progress in Hackensack being forced on the residents who are ignored and bullied by corporations just waiting for us to give in again.  What crap could they possibly sell to convince us we need a 24-story acute-care medical facility!       

[just watching]

Well put.

But I do disagree with you on the Sanzari Medical Arts building.  Is that what you refer to as the newest building on Essex STreet ? 

 It's a beautiful architectural landmark, and definately an asset to the community.  It replaced completely outdated storefronts on Essex Street, dilapidated garages, billboards, old fire escapes, vacant lots on THompson Street, and a few 2-family houses that were absentee landlords.  In it's place are vibrant thriving stores probably doing at least 10 times the dollar volume in retail sales.

I know that was a controversial issue, and many people fought it. Redevelopment is good if it is replacing what needs to be replaced. 

[Prospect Avenue Coalition]

#5131 @Hackaplan, I do remember quite well the Limelight. Eventhough I spent a good amount of time there we never parked on the residential streets nor did we leave litter... bottles or otherwise. I heard that the residents living near the back of the South City Grill had similar complaints when it stayed open late on Thursday nights for dancing and music. The high rise buildings surrounding The Restaurant had many problems with patrons who parked illegally in their lots and then got into fist fights with the doormen when they went to retrieve their cars.

With regard to the Sanzari medical building I knew the owner of the old building. He told me that he tried to take down the old buildings and put up something on a much smaller scale with parking in the back but the city told him NO several times so he finally sold and left town. While I love going to Physical Therapy there I totally avoid that intersection when possible even after the road was modified with left turning signals and lanes in addition to relocating the 162 bus stop. My friend goes to the Starbucks after work (3:30 pm) but after sitting in traffic on Prospect Avenue right before Beech Street for over 15 minutes and then having to deal with that parking lot with its inadequate parking space back out I decided to walk to the Starbucks instead if I am in the area during the week day.

Please email prospectavenuecoalition@yahoo.com