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Messages - Prospect Avenue Coalition

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1
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: August 18, 2015, 11:22:22 am »
80061

This public hearing regarding an Amendment to the Schedule of District Regulations will not be held tonight.

If you would like more information please contact the City Clerk's office at 201.646.3490.

2
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: August 11, 2015, 01:02:14 pm »
79502 UPDATE

8/18/2015 - Notice of Public Hearing: R-3 and R-3B Zones

NOTICE OF PUBLIC HEARING


City of Hackensack, Mayor and Council
Bergen County, New Jersey
R-3 and R-3B Zones

PLEASE TAKE NOTICE that on Monday, August 3, 2015, at 7:00 p.m., or as soon thereafter (Hearing is Scheduled for Tuesday, August 18, 2015) as may be heard, a public hearing will be held before the Mayor and Council of the City of Hackensack at the City of Hackensack Council Chambers, 65 Central Avenue, 3rd Floor, Hackensack, New Jersey, to consider for final approval Ordinance 28-2015, which seeks to amend Chapter 175 of the City of Hackensack Municipal Code, entitled “Zoning,” to Amend the “Schedule of District Regulations” as authorized by Section 175-4.1, entitled “Schedule of Regulations” by removing “Nursing, rest and convalescent homes” from the conditional uses allowed in Zone R-3 and Zone R-3B.

If you are receiving this notice, it is because your property is located within the R-3 or R-3B Zones, or within 200 feet of the boundaries thereof.

At the public hearing, any interested party may appear in person, or through an attorney, and ask questions, participate, give evidence or make a statement concerning the application and the proposed change to the zoning districts’ classification.

Enclosed please find the following:

Copy of Ordinance 28-2015, An Ordinance Amending Chapter 175 of the Code of the City of Hackensack, amending the “Schedule of District Regulations” as Authorized by Section 175-4.1 Entitled Schedule of Regulations regarding R-3 and R-3B Zones.

In addition, a copy of the proposed Ordinance is on file with the Clerk of the City of Hackensack and may be reviewed in the Clerk’s office during during regular business hours, Monday through Friday, 8:30 a.m. to 4:30 p.m., except legal holidays.

Please feel free to contact the City Clerk if you have any questions:

Deborah Karlsson, City Clerk
65 Central Avenue,
Hackensack, New Jersey 07601
(201) 646-3940

3
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: August 11, 2015, 07:58:56 am »
79475  On Friday August 7, I received a USPS receipt for certified mail from City and on August 8 I received in my mailbox this Notice of Public Hearing (see attached). Too late to attend the public hearing if it was held on August 3, 2015 @ 7pm.

Under consideration is Ordinance 28-2015 which seeks to amend Chapter 175 of the City of Hackensack Municipal Code by removing "Nursing, rest and convalescent homes" from the conditional uses allowed in Zone R-3 and Zone R-3B.

If this hearing was held on August 3rd and you attended please post any updates here or email us at ProspectAvenueCoalition@yahoo.com. Thanks.

4
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: July 19, 2015, 07:51:11 am »
78196 No new appeal has been filed by Richard Pineles. The time period in which to file an appeal of the denial of variances has lapsed.

Please email us at ProspectAvenueCoalition@yahoo.com or Facebook at ProspectAvenueCoalition if you learn of any news or updates regarding 320/322/324 Summit Avenue and/or 329 Prospect Avenue.

LAND USE AND PLANNING

26-2-6701 Bergen Passaic LTAC, LLC v. City of Hackensack Zoning Bd. of Adjustment, App. Div. (per curiam) (28 pp.) Plaintiff Bergen Passaic LTACH appealed from a judgment of the Law Division dismissing with prejudice its complaint in lieu of prerogative writs. Plaintiff sought reversal of the decision of the City of Hackensack Zoning Board of Adjustment denying variances and site plan approval so that plaintiff can build a high-rise long-term acute care hospital (LTACH) combined with a dialysis facility and adult daycare center in a residential zoning district near the Hackensack University Medical Center. The board reasonably concluded that plaintiff's proposed development is much bigger than the site would accommodate and would detrimentally affect the neighboring residential properties. It also reasonably concluded that the proposed development could not be reconciled with the City's master plan and zoning ordinances. Numerous bulk variances were required as well as the use variance for the facilities that were not otherwise permitted in the zoning district. The appellate panel found nothing arbitrary, capricious, or unreasonable in the board's conclusions. Further, the board considered contrary testimony from opposing experts and it rationally explained its credibility decisions relating to the detrimental effects of the project, including inadequate parking and unsafe vehicular circulation at the site, and the deprivation of light, air, and open space of neighboring residential properties. The appellate panel affirmed the Law Division's judgment.

Read more: http://www.njlawjournal.com/id=1202726503228/Unapproved-Opinions-May-713-2015#ixzz3gIpYsVpc

5
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: May 30, 2015, 08:38:26 am »
74858 http://www.northjersey.com/news/crime-and-courts/court-upholds-zoning-board-s-decision-1.1340918?page=all

NORTHJERSEY.COM : NEWS : CRIME AND COURTS
Court upholds Hackensack Zoning Board's decision in LTACH case


MAY 29, 2015    LAST UPDATED: FRIDAY, MAY 29, 2015, 1:09 PM
BY JENNIFER VAZQUEZ
NEWS EDITOR | HACKENSACK CHRONICLE

HACKENSACK - The Prospect Avenue Coalition can breathe a sigh of relief now that an appeals court has upheld the Hackensack Zoning Board's decision to deny a site plan application by a nursing home developer who sought to build a multi-story care facility and dialysis clinic on that street.

...

Following 22 hearings, the Hackensack Zoning Board denied the proposal. The appellate court found that the board "concluded reasonably" that the development was bigger than the site would accommodate, would detrimentally affect the neighboring residential properties and that the proposal could not be reconciled with the city's master plan and zoning ordinances.

"We find nothing arbitrary, capricious, or unreasonable in the Board's conclusion," the three-judge appeals panel said in their per curiam decision.

...

Attorney John N. Visconi, who was filling in for the borough attorney Thomas P. Scrivo during the Committee of the Whole meeting on May 18, said it is unclear if the plaintiff will seek further action. Scrivo represented the city during the appeals process.

"The appellate division upheld the trial court's affirmation of the board's decision," Visconi said. "It was a 3-0 decision...it's unclear right now if the plaintiff will appeal any further."

The unanimous decision makes the case's chances of being heard by the New Jersey Supreme Court less likely, but Pineles could petition the higher court for an appeal.

Pineles did not return request for comment.

Email: vazquez@northjersey.com

6
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: May 14, 2015, 12:47:03 pm »
74170 IF YOU WOULD LIKE TO READ THE OPINION PLEASE CLICK ON THE LINK (NEW jERSEY COURTS WEBSITE / Unpublished Appellate Opinions for May 7, 2015):

https://www.judiciary.state.nj.us/opinions/a0702-13.pdf

7
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: May 07, 2015, 12:19:58 pm »
73702 LTACH APPEAL UPDATE

TO: THE RESIDENTS OF PROSPECT AND SUMMIT AVENUES

RE: A-000702-13 T03 BERGEN PASSAIC LTACH, LLC V CITY OF HACKENSACK ZONING BOARD OF ADJUSTMENT


WE WON ... AGAIN


THANK YOU TO  MCCARTER & ENGLISH, LLP, THE COUNCIL AND THE CITY OF HACKENSACK FOR ITS SUPPORT.

8
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: February 28, 2015, 11:29:24 am »
70682 LTACH APPEAL UPDATE

Our neighbor who attended the Feb 4th hearing tells us that we may will need to wait 30 - 60 days from the argument date before any further updates on A-000702-13 T03.

9
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: February 03, 2015, 01:56:58 pm »
69275 LTACH APPEAL UPDATE
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
PO BOX 006
RICHARD J. HUGHES JUSTICE COMPLEX
TRENTON, N.J. 08625-0006
DATE: Dec 24, 2014

KIRSCH & KIRSCH LLP
ATTN: LAURA S KIRSCH
TWO UNIVERSITY PLZ, STE 308
HACKENSACK, NJ 07601

RE: A-000702-13 T03

BERGEN PASSAIC LTACH, LLC
V
CITY OF HACKENSACK ZONING BOARD OF ADJUSTMENT

The above-entitled appeal is scheduled for argument before the Superior Court of New Jersey, Appellate Division.

DATE: WEDNESDAY, FEBRUARY 4, 2015

LOCATION: ROOM 1114, VETERANS COURTHOUSE, 11TH FL, 50 W MARKET ST, NEWARK

PART: H

TIME: 10:00 AM

On all appeals, please endorse the enclosed copy with the name and email address of counsel who will argue this appeal, and forward same to this office immediately.

JOSEPH H. ORLANDO
CLERK OF THE APPELLATE DIVISION
PHONE: 609-633-7079
PHONE: 609-633-7078
Name of counsel:
Email Address :

cc:
MC CARTER & ENGLISH LLP - GARY THOMAS HALL
MC ELROY DEUTSCH MULVANEY & CARPENTER, LLP - THOMAS P SCRIVO
WINNE BANTA ET AL - LORI A JOHNSON

Arguments times will occasionally be adjusted by the court. Prior to your argument please confirm the time for your appeal by going to our website, www.njcourtsonline.com.click on Calendars & Schedules and then click on Appellate Court Calendars. You may also call (609)633-7079 or (609)633-7078. Thank you.

ADDENDUM
APPELLATE DIVISION INCLEMENT WEATHER CLOSINGS
During the months of November through March, when traveling conditions may be hazardous because of bad weather, counsel may be in doubt as to whether the Appellate Division will sit as scheduled. For reports concerning unscheduled closings, delayed openings or cancellation of Appellate Division sittings, please check our website at: www.NJCourtsOnline.com and click on "Unscheduled Closings". This site will also provide links for receiving court information on Twitter or through SMS text messages.

If you do not see a cancellation notice, please report to court at the appropriate time and place.

As a last resort, you may call the Clerk's Office (609-633-7079) for a recorded message regarding any cancellations. If someone has been able to get there, you will be provided with whatever other information is available.
Sept. 2013

10
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: January 21, 2015, 09:43:57 am »
68915

LTACH APPEAL UPDATE

Bergen County freeholders hear Hackensack opposition to medical waste disposal plan

JANUARY 14, 2015, 8:06 PM    LAST UPDATED: WEDNESDAY, JANUARY 14, 2015, 8:06 PM
BY TODD SOUTH
STAFF WRITER | THE RECORD

HACKENSACK — A group of more than 30 residents and Hackensack City Council members came to the Bergen County Freeholders meeting Wednesday to speak out against an application by a Prospect Avenue senior care center’s owner to neutralize medical waste at the site.

...

Pineles is still in a lengthy zoning battle involving his application to the Hackensack Zoning Board to allow him to build the 19-story Bergen-Passaic Long Term acute Care Hospital on 1.15 acres on Summit Avenue that would extend to Prospect Avenue. The board denied the application on quality-of-life grounds in January 2012. Pineles filed a lawsuit and a state Superior Court judge upheld the board’s decision in August 2013. That decision was appealed.

...

http://www.northjersey.com/news/bergen-county-freeholders-hear-hackensack-opposition-to-medical-waste-disposal-plan-1.1193246

11
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: March 19, 2014, 09:15:08 pm »
55301 Filling in the foundation at 329 Prospect Avenue.

12
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: December 07, 2013, 04:36:11 pm »
52293

329 PROSPECT AVENUE and at least 2 of the houses directly behind on Summit Avenue have been demolished.

13
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: October 29, 2013, 07:34:45 am »
50795 LTACH APPEAL WATCH

An action in lieu of prerogative writ has been filed by Bergen Passaic Long Term Acute Care Hospital LLC.

14
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: October 24, 2013, 08:00:00 am »
And he is on to his next project. More commercial use of our beautiful residential neighborhood.
For those of you who are interested and can attend a public hearing on October 2, 2013, at The Bergen County Utilities Authority, Administration Building, Foot of Mehrhof Road, Little Ferry, New Jersey, at 10:00 A.M. in the Public Meeting Room. See the thread re Prospect Heights Medical Waste Treatment Expansion at http://www.hackensacknow.org/index.php/topic,2791.0.html. Please post your comments if you attend.

@Bergen07601, congratulations to the residents and a big thank you to those who attended the trial. ProspectAvenueCoalition will continue to closely monitor the 336 Prospect Avenue proposed Plan Amendment: The Bergen County District Solid Waste Management Plan is hereby amended to incorporate the Prospect Heights Care Center SteriMed System 70 Medical Waste Treatment Unit located at Lot 10, Block 341, 336 Prospect Avenue, Hackensack, New Jersey, 07601.

Several ProspectAvenueCoalition members attended the Public Hearing on October 2, 2013. These residents asked many questions regarding the potential harm that operating a medical waste unit of this type may cause to the residents living in the World Plaza and Ritz Plaza in addition to any other residential buildings nearby. The Bergen County Utilities Authority did not have ready answers for some of their questions.
 
Following the hearing the proposed Plan Amendment is pending agency approval. If approved by the requisite agencies then Pineles would still require Hackensack Zoning Board approval as the medical waste treatment unit is not a permitted use on Prospect Avenue.

50619

[Editor's note: All future posts related to the Medical Waste Treatment Unit should go here: http://www.hackensacknow.org/index.php/topic,2791.0.html.  Thank you.]

15
Hackensack Discussion / Re: 24-story tower for Summit Avenue
« on: August 30, 2013, 07:38:56 am »
Attorney Joseph Basralian, who represented the hospital, said Monday his client will appeal the judge’s decision but declined further comment.

http://www.northjersey.com/hackensack/Judge_upholds_decision_denying_Hackensack_hospital_plan_.html

48707 Continue to check here for LTACH APPEAL WATCH updates.

48771 Attached is a copy of the LTACH Order of Judgment and Opinion given by Judge Carver on August 26, 2013.

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