Hackensack, NJ Community Message Boards

Turns out we have a few more opportunities to save Prospect Avenue. Everyone: Bring as many friends and relatives as you can with you so we can pack the room. The last meeting should have been standing room only like it was at the beginning stages of the hearings. Where is everyone? Let's keep up the pressure -- the hearings will soon be over and we will know Prospect Avenue's fate. We've gotten this far because of those who  made the effort to attend every meeting and be heard. We are in the home stretch -- we need a great turn out tomorrow.  I will reiterate: Please just show up: be seen and be heard if the opportunity presents itself. Saying "I object" or "I am against the building" will suffice.

City of Hackensack Planner Review of Pineles LTACH project

At the January 7, 2010 hearing, Birdsall's Frank Miskovich, City of Hackensack's expert, intended to question Pineles' expert, Keller, but was unable to due to time constraints.  Basralian requested Keller have the opportunity to respond to Miskovich's questions in writing. These are Miskovich's questions:

RENTERS, those of you who are NJT #162 bus riders -- here's good reason to attend the upcoming meetings and voice your objection to this proposed glass tower.
BEWARE --- For more than at least 10 years, NJ Transit's primary bus route from Hackensack to NY City has been the #163 bus. Many riders feel the 162 is merely the step child since, among other things, repeated requests for additional 162 buses have fallen on deaf ears.
Frankly, I wouldn't be surprised if, one day soon, the 162 bus line is actually terminated. So, for those of you resident-commuters who rent, specially those of you who live between Passaic and Golf on Prospect, those of you who usually don't have to worry about standing, don't say you didn't know it would happen, because it will. It's not like the 162 will run along Passaic and Central on Summit either. You will be forced to walk a long distance to get to Summit and Central.
I see this happening:- Once construction begins, besides the construction itself that will seriously hinder buses from running smoothly on Prospect,  those renters, who have the option, are likely to move away resulting in a drop in commuter ridership, resulting in cutbacks in the number of 162 buses and being re-routed for lack of ridership. Of course, when the Bergen-Passaic LTACH is finally operational: expect even lesser ridership (possibly because LTACH employees will find it quite convenient to live in these rental buildings); expect the area to change causing less interest from potential new comers to the area; expect increased traffic which will likely lead to the 162 bus route to be terminated eventually.
So RENTERS, treat this seriously, please attend the Zoning Board hearing on September 23rd for yourself and the Prospect Avenue community, and voice your vehement objections.

Also these overcrowded 163 buses pick up large tourist groups from the Ramada in Rochelle Park. That is the reason commuters getting on at the 1st stop on Summit and Central have to stand. For those of you who do not know what its like getting on at that stop, let me tell you -- there is no line or any method to the madness there.

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)).