September 1995

Barry Rewrites Zoning for Northern Waterfront!

On September 6, the Hoboken City Council will hold a public hearing and cast their final vote on a proposed set of amendments to the Hoboken Zoning Ordinance. An affirmative vote by the Hoboken City Council will give virtually all control over planning of the northern waterfront to the developers. These amendments will affect some 40 acres of waterfront land north of Elysian Park and east of Hudson Street, and north of 14th Street and east of Willow Avenue up to 17th.

It will allow developers, not the City, to determine street systems, traffic concerns, density of development and specific uses within the development. It will allow private enclaves with private streets, segregated from the city both physically and aesthetically. Building heights will be increased by over 50%, from 8 stories to 12 1/2 stories. Open space requirements will, in effect, be eliminated, allowing developments to be built without one single blade of grass. Many regulations and requirements concerning bars, restaurants and ferry service will be lifted.

This legislation was drafted by Joe Barry who owns about 40% of the land in this zoning district. These proposed amendments would provide Mr. Barry a tremendous wind-fall financial gain on his proposed $90 million project. In April of this year Superior Court Judge Maurice Gallipoli reversed the Hoboken Planning Board approval of Barry's Shipyard Development, calling that approval "arbitrary and capricious."

With these changes , the needs of the public have been replaced with the needs of the developer. There is no concern about extending the public street grid for pedestrian access and view corridors. But there is a new provision for connecting the Shipyard project to a western by-pass road. Language in the code concerning the provision of public open space, adequate recreation facilities and visual amenities is stricken. The private streets insure that the developer will have control over all access to the waterfront. Port Liberte, Roc Harbor, Independence Plaza, Riva Point, and Shelter Bay Club are but a few of the many examples of private enclave developments on the Hudson River that have denied or restricted public access by eliminating the public rights of way.

The proposed substitute for the current 30% open space requirement is a 30% "open area" provision. Rooftops, parking lots, driveways and sidewalks can satisfy this requirement. "Open area" does not, of course, conform to the state or local definition of open space, that refers to the "natural openness of the land."

Conditional Uses have unique characteristics and impact on the community in such a way as to require case by case approval and are subject to special requirements. For the I-1(W) district conditional uses include bars and restaurants. These proposed changes exempt Planned Unit Developments from such regulation.

There is no doubt that these amendments will eliminate the 48 zoning variances requested for the Shipyard Development. Allowing the Shipyard developer, Joe Barry to rewrite zoning for this district is like allowing the fox to guard the hen house. And it will allow this fox to grow very fat--at the public's expense.