unpublished, December 17, 2003

Dear Editor:

The issue of how much development should take place at Hoboken's north waterfront is old news, determined in September of 1995. Joe Barry, the President of Applied Companies, was permitted by the City of Hoboken to rewrite the zoning ordinance for the I-1(W) Zoning Subdistrict where he proposed to build his Shipyard project. Building heights were increased from 8 stories to 13. Open space requirements were eliminated, thus permitting 100% lot coverage. The new zoning standards have resulted in the 1160-unit Shipyard project which is now 73% built. This same zoning also applies to the Maxwell House and Hoboken Cove projects. Now that these projects are being built, people are alarmed at their size.

Beginning in 1993, the Fund for a Better Waterfront challenged the original Shipyard project that called for a 58,000 square foot supermarket on the waterfront. We were successful in defeating in Court this project's request for over 40 variances. Then, in September of 1995, the Hoboken City Council passed the amended zoning for the I-1(W) thus providing a windfall gain for Mr. Barry. The zoning was changed at the urging of former Mayor Anthony Russo, now indicted for extortion. It passed with the unanimous consent of the Hoboken City Council despite our concerted effort to convince the Council that this was a disastrous change that only served the private interests of a real estate developer. At that time, our current Mayor David Roberts was a City Council member and a supporter of the Russo administration. Roberts voted for the measure.

FBW challenged the change to the zoning ordinance in court. We pursued the case all the way to the Appellate Division of Superior Court, arguing that it was spot zoning and conflicted with the City's Master Plan. Unfortunately, the Court ruled against us. As a result, Hoboken is growing in a manner that works against its human scale and small town ambiance. This was one of many projects that FBW has fought against for failing to protect the public's interest at the waterfront.

The U.S. Attorney indicted Mr. Barry in October 2003 on 14 counts of making illegal payments to former County Executive Robert Janiszewski and his political associate, Paul J. Byrne in exchange for government grants and loans for the Shipyard project. Janiszewski has already testified in court that every favor had a price. Many believe that the same was true for ex-Mayor Russo. The former Mayor of Asbury Park, Kenneth Saunders and his aide, Rayfield James, Jr. were recently convicted of conspiring to bribe a City Councilwoman to favor Joe Barry's bid to develop the Asbury Park waterfront. At this trial, the Councilwoman testified that Saunders "boasted that through redevelopment, he was going to be a millionaire" and the Assistant U.S. Attorney said evidence will show that Saunders and James expected to receive "a huge payday" from contractors, particularly Joe Barry.

So, with much money to be made at Hoboken's waterfront, one has to ask the question, was corruption involved. The indictments of Barry and Russo are not for isolated criminal acts. The court papers list many payments, for large amounts of money, over a long period of time. Thus far, there has been no connection made by federal investigators between these two once powerful men. Nor has Hoboken's current administration been implicated. But the Roberts administration continues to work with Applied Companies in their bid to develop Block B at Hoboken's south waterfront despite Barry's indictment.

Remarkably, the issue of corruption in Hoboken has not resulted in cries of moral outrage. Perhaps we have lived too long in a culture of corruption, where payments, gifts and favors are an accepted means of conducting business. But elected officials owe us answers to these questions and must make every effort to root out corrupt practices. Our current municipal government should be bending over backwards to assure the public that it is operating in an open, transparent manner. And that money, whether legal (as in pay to play) or illegal (as in bribery and extortion), does not influence how decisions are being made at City Hall.

Ron Hine