Can the waterfront walkway be a “street”?

The Hoboken Zoning Ordinance defines a “development block” as the area in a planned unit development (PUD) bounded by streets. For each PUD, the zoning requires the street system be extended throughout, thus creating a street grid and a new set of development blocks. The Hoboken Zoning has thus created a dilemma for the developers of the Monarch project: how do you create a development block on a pier? The Shipyard Associates’ answer: we’ll call the public walkway bounding the Monarch towers a “street.”

This resulted in considerable confusion at the Hudson County Planning Board hearing as the Commissioners and their engineering consultant repeatedly asked of the developer why the walkway was termed a street. The County Board voted the project down at their February 22 hearing.

This week, Hoboken’s planner, Eileen Banyra of EFB Associates, submitted her report to the Hoboken Planning Board. This document has raised myriad issues for the Monarch, including the “street” problem. As a result, the developers were granted a postponement of their Hoboken Planning Board Hearing from March 6 to April 3.

Banyra’s report states that the developer needs to demonstrate compliance with various provisions of the Hoboken Zoning Ordinance or request variances. The report suggests that variances may be required for the following: rooftop design & landscaping, rear wall setbacks, building coverage, maintenance of view corridors and open area for each block.

“Applicant should indicate whether NJDEP permit recognized that walkway was to also serve as the ‘street system’ for the high-rise residential project,” the report states. And if not, does this require a permit change. The report also points out that the “street”/walkway did not comply with the State of New Jersey’s RSIS (Residential Site Improvement Standards).

The developers have contended that the landscaping plan surrounding the towers is intentionally minimal in order to showcase the design of the building. Ms. Banyra takes issue with that, stating that they have failed to provide proper landscaping.