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Developer sues Weehawken over ‘unreasonable’ permit denial

Aerial view of the proposed development at 115-117 Hackensack Plank Drive denied by the Weehawken Zoning Board. Rendering by Nastasi Architects.

By Chris Fry, Jersey Digs

A company that has been trying to develop a plot of land near the Lincoln Tunnel for years has taken its frustrations to court in a new lawsuit that is looking to finally obtain its long-sought approvals.

The company’s earliest proposals looked to build a five-story, 18-unit project on the land, but the lawsuit claims those plans were scrapped after the zoning board made initial recommendations in 2018. The latest scheme was drawn up by Hoboken-based Nastasi Architects last year and looked to construct a four-story building with 10 units and 12 off-street parking spaces.

The most recently proposed design. Rendering by Nastasi Architects.|

The properties are located in an R-4 zone where multi-family buildings are allowed, but the company’s plans were seeking six total variances. The most significant was for 49 feet in height where 40 are allowed, for lot coverage of 68% where 55% is allowed, and for providing 12 parking spaces where 18.5 are required under current zoning.

The zoning board eventually denied the company’s application on November 10 last year, writing in their resolution that the variances sought “would be a substantial detriment to the public good.” The board specifically claimed the proposed parking was “insufficient for the proposed number of units and the limited public parking in the area.”

ET Management & Investors claims in its four-page lawsuit that they “presented credible evidence to support the grant of the site plan” to the board and that the denial of their application was “arbitrary, capricious, and unreasonable.” They are asking the court to reverse the board’s decision and approve the application.

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Lantana Affordable Redevelopment Rises in Newark

By Chris Fry, Jersey Digs

Lantana 109 119 Broad Street Newark Groundbreaking — Ground has finally broken on the development Lantana at 109-119 Broad Street in Newark. Photo provided by a Jersey Digs reader.

Montclair-based RPM Development quietly broke ground earlier this year on a project located at 109-119 Broad Street. The property spans over 0.76 acres and is nestled in the city’s Mount Pleasant neighborhood just a short distance from Branch Brook Park.

Lantana 109 119 Broad Street Newark Construction Progress 1 — Steel beams are up. Photo via RPM Development Facebook.

RPM was the company behind Jersey City’s Whitlock Cordage revitalization and their latest Newark endeavor is dubbed Lantana. The company purchased the property way back in 2010 and the endeavor has taken years to come together, heating up in 2018 after it was awarded tax credits from the New Jersey Housing and Mortgage Finance Agency.

Patch reported last September that Newark awarded additional federal funds through the HOME Investment Partnerships Program to Lantana and an eagle-eyed reader sent Jersey Digs some images earlier this year that showed the project breaking ground. The five-story complex is set to include 60 affordable units and the development registered for LEED Certification late last year.

Lantana 109 119 Broad Street Newark Construction Progress 2 — Decking is down. Photo via RPM Development Facebook.

RPM recently provided an update on the progress of Lantana via its social media accounts. Structural steel and decking at the site have been completed and workers are now preparing for the podium slab installation.

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NJ Senate committee advances bill plugging e-charging stations into redevelopment sites

Bipartisan legislation that would help spur the adoption of electric vehicles in the state is endorsed by the New Jersey Senate Community and Urban Affairs Committee.

https://www.senatenj.com/uploads/ev-electric-vehicle-charging-520.jpg

By Frank Brill, EnviroPolitics Editor

Released from the committee on March 11, the bill, (S-2142/A-1653), co-sponsored by Senators Bob Smith (D-17) and Kip Bateman (R-16), encourages the inclusion of zero-emission vehicle charging and fueling infrastructure in municipal redevelopment projects.

“To meet New Jersey’s goals for clean, renewable energy requires expanding access to charging sites for drivers of electric vehicles,” said Bateman. “This bill encourages local governments to incorporate new charging infrastructure in plans for redevelopment. It makes sense to accomplish both initiatives in one unified project.”

The Senator noted that authorizing towns to utilize funding resources for redevelopment projects will also help save local taxpayer money.

A report of the New Jersey Energy Master Plan Alternative Fuels Work Group identified the development, installation, and maintenance of the electric vehicle (EV) charging infrastructure, both at home and at strategically selected public places, as one of the most significant opportunities for, and barriers to, advancing the deployment and use of EVs in the state.

“The more charging locations that are available to drivers, the more confidence motorists will have in driving electric cars. Most EV drivers will power up their cars at home, but public charging pumps are necessities for motorists taking a longer trip beyond their normal route,,” said Bateman.

The Assembly approved the legislation in July. It now is in position for a Senate floor vote.

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Does your drinking water contain unhealthy levels of lead?

By Frank Brill, EnviroPolitics Editor

Remember the troubling headlines in 2014 about the corroded lead pipes that threatened residents (especially infants and children) in Flint, MI? And the subsequent water scare in 2018 that lead Newark, NJ to replace a large number of household water lines and provide filters to others?

Despite those costly and well publicized remediations, utilities in New Jersey are still not required to inform their customers about the status of their drinking water.

That could change under new legislation sponsored by Assembly Democrats Bill Moen (D-Camden, Gloucester), Lisa Swain (D-Bergen, Passaic), and Christopher Tully (D-Bergen, Passaic). Their bill, A-2863, was released unanimously on February 22 by the Assembly Environment and Solid Waste Committee.

It would supplement the “Safe Water Drinking Act” by requiring public water systems to provide to their customers, local health agencies, and municipal governments expedited written notice of lead levels that exceed the “lead action level”.

Under the legislation, the written notice would:

(1) clearly state that the public water system is in exceedance of the lead action level;
(2) explain what the lead action level is and the measurement process that the public water system is required to perform to monitor drinking water for lead;
(3) provide additional information on the possible sources of lead in drinking water, the health effects of lead in drinking water, and measures a customer can take to reduce or eliminate lead in drinking water; and
(4) state the responsibility of a landlord to distribute the notice to all tenants served by the public water system.

Additionally, the bill requires landlords to provide all tenants with any notice or information received from a public water system concerning the presence of lead in drinking water.

Specifically, the bill requires the landlord to:
(1) distribute the notice or information to every tenant who has entered into a lease agreement with the landlord and whose dwelling unit is served by the public water system; and
(2) post the notice or information in a prominent location at the entrance of each rental premises that is owned by the landlord and served by the public water system.

The bill also requires a public water system to include a statement explaining these requirements in any notice or information provided to its customers concerning the presence of lead in drinking water.

The bill was amended today (updated version) on the Assembly floor, along with an identical measure, S968, and is in position for a final vote before moving the Governor Murphy’s desk.

Did you know that subscribers to our daily newsletter, EnviroPolitics, receive a weekend legislative edition that tracks the progress of all energy and environment bills in New Jersey and Pennsylvania? Have a look at this week’s issue, and take us up on a free, no-commitment, 30-day trial.

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NJ legislation would trigger review of all proposed and adopted rules and regulations

Bipartisan legislation sponsored by Senator Steve Oroho (R-24) and Senator Paul Sarlo (D-36) that would establish the Government Efficiency and Regulatory Review Commission was cleared by the Senate today and now moves to the Governor’s desk for consideration.

The bill, A-4810/S-441, would improve government efficiency and reduce damaging regulations in the state.

“With the commission’s help, we can ease the impact of restrictive government regulation in the state, something that is desperately needed and long overdue,” said Oroho. “The overwhelming glut of onerous laws and rules are responsible for our State’s reputation as unfriendly to business. By targeting and eliminating the most damaging examples of counter-productive bureaucratic overreach, we can rebuild our competitive edge and restore New Jersey’s position as an economic powerhouse.”

The nine-member Government Efficiency and Regulatory Review Commission established by the legislation would evaluate all proposed and adopted regulations, rules and executive orders. The commission would consider the impact of rules on the economy and determine if their benefits outweigh the burdens placed on business and government.

“Bureaucratic red tape has a stranglehold on the state’s economy, and the situation seems to compound every year,” Oroho noted. “With this bill we can begin unraveling the web of rules, regulations and edicts that discourage business and limit growth.”

The members of the commission, representing the Executive and Legislative branches of State government, would be committed to the goal of addressing the State’s economic viability and prosperity, according to the bill.

The legislation requires the commission to deliver an annual report to the governor and Legislature with recommendations on items to repeal or amend. The findings are advisory only, and cannot be used for legal challenges.

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Hoboken Gets Two Parcels for Open Space in Settlement with Ironstate Development

The Mile Square City is slated to acquire almost three acres of property they hope to turn into parks as part of an agreement with a local company, who in exchange will redevelop a block of Observer Highway.

15th Street Pier, Hoboken. Image via Google Maps.

By Chris Fry, Jersey Digs

During their February 3 meeting, Hoboken’s city council approved a deal that should end longstanding litigation with Ironstate Development. The lengthy dispute was triggered around a 1.4-acre pier at 15th Street and Sinatra Drive upon which the company wished to build a 78-unit project called The Monarch that would consist of two 11-story towers.

The Monarch Now Defunct Development Proposal Hoboken

The now-defunct development, The Monarch. Rendering via The Fund for a Better Waterfront.

The proposal has been tied up in litigation since the early part of the last decade, but a settlement that would shelve The Monarch plans was reached in 2019. Under that deal, the city would receive title to the 15th Street pier “as is” plus a $500,000 payment from Ironstate toward improvements at the property.

The latest settlement approved by the council doesn’t change the details regarding the pier, but additionally includes the transfer of another 1.4 -acre plot at 800 Monroe Street. Ironstate will be turning over that property to Hoboken under the deal, which essentially tables a proposal we reported on early last year that involved a 10-story building with 186 rental units.

Site of proposed redevelopment: 800 Monroe Street, Hoboken. Photo by Chris Fry/Jersey Digs.

In exchange, the city will remit control of their current Department of Public Works Garage site to Ironstate. The company will be permitted to develop a new 165-foot-tall building at the block-long property, which can also include 4,000 square feet of ground-floor commercial retail space and parking for residents. The settlement requires 11% of the building’s units to be set aside as affordable housing, slightly higher than the city’s 10% standard.

Ironstate will not be required to build the city a new municipal garage at the site under the new deal, which was a requirement before the settlement was approved. The company instead will be contributing $1 million toward a temporary DPW garage in a northwest Hoboken location to be determined later.

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Waste Management debuts recycled plastic uniforms, downplays landfills at annual ESG event

By Cole Rosengren, Waste Dive

Last week’s annual Waste Management Sustainability Forum featured multiple updates on new environmental and social initiatives, while also highlighting the industry’s increasingly complex role in climate change discussions.

One of the more unique announcements at the two-day virtual event was the nationwide debut of uniforms containing fabric made from recycled plastics. The garments will be available to more than 20,000 drivers, helpers and post-collection employees by the end of the second quarter, according to spokesperson Janette Micelli.

Production is underway and employees at legacy Advanced Disposal Services locations will be the first to receive them in the coming weeks. A line of new shirts using the material will also be included for management.

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“Our drivers will ride their routes collecting plastic bottles, milk jugs and other materials that will eventually be turned into the uniforms that they wear every day. This is the circular economy in action,” said CEO Jim Fish during a video announcement.

The switch is being managed by uniform rental companies Aramark and Cintas. Both will use shirt fabric from Repreve, a Unifi product. In one case, a pair of pants available from Cintas also contains corn-based Sorona fabric that is made by DuPont.

The company’s rental costs will be equal or better than prior versions depending on which style employees select. Waste Management noted it “is the first company with Aramark to implement a recycled industrial laundered garment” and the first in the industry to do so with Cintas.

A spokesperson for Unifi described this as a growing trend, citing the use of Repreve fabric in Coca-Cola uniforms supplied by Cintas and Aramark. Other Repreve examples include uniforms for host committee members at the 2019 Super Bowl and used by European workwear companies.

“Waste Management is helping to build momentum for this movement with its commitment to transform plastic bottles into employee uniforms made with Repreve,” wrote the spokesperson via email. “We expect more companies to continue to make the switch to sustainably made uniforms.”

According to a 2020 Waste Management report, released following a shareholder resolution, an estimated 47% of collected U.S. PET becomes fiber for carpet or clothing while only 21% goes back into food or drink bottles. The report notes that most instances where PET goes back into bottles occurs in states with container deposit systems, a policy the company did not take a position on in that report.

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A realistic climate agenda for Pennsylvania. Even with Republicans in control of the state legislature

By Rep. Greg Vitali, Trib Live

There are many things Pennsylvania state government should do this year to address climate change — but won’t, given the political composition of the state Legislature. But a few significant things are possible.

Pennsylvania emitted about 215 million metric tons of carbon dioxide in 2017 (the most recent data available), making it the fifth largest emitting state in the nation. As such, Pennsylvania should be doing things like increasing its Alternative Energy Portfolio Standard, expanding the energy conservation provisions of Act 129, and joining the Transportation and Climate Initiative Program. But with the state House and Senate firmly in Republican control, it’s unlikely that any of these things will happen this year.

But Pennsylvania can join the Regional Greenhouse Gas Initiative (RGGI), approve methane reduction regulations for the oil and gas industry, enact legislation to expand electric vehicles infrastructure, and enact legislation to authorize community solar development. These measures are possible because they can be done either by Gov. Tom Wolf through executive action or have the support of interest groups beyond the environmental community such as utility companies, labor unions or farmers.

Politics is the art of the possible, and these four things are possible this year.

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Joining RGGI is the most important thing Pennsylvania can do this year to address climate change. RGGI is an 11-state cap-and-trade program designed to reduce greenhouse emissions from the electric power sector (mainly from coal- and gas-fired power plants). Joining RGGI could reduce carbon dioxide emissions by about 188 million tons over the next decade, according to the Pennsylvania Department of Environmental Protection. RGGI regulations are expected to be finalized late this year unless blocked by the General Assembly. A bill to block RGGI will be introduced soon.

Methane is the second-most prevalent greenhouse gas after carbon dioxide, and Pennsylvania’s natural gas industry is a major methane emitter. Regulations to reduce methane leakage from unconventional gas well operations are on track to be approved later this year. These regulations would result in methane emissions reductions of about 75,603 tons per year, according to the DEP. This is the equivalent to about 1,890,075 tons of carbon dioxide per year.

Read the full opinion piece here

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How mattress recyclers are adapting to evolving consumer trends

Bulky, hard to compact and ubiquitous, mattresses are seen as a promising area to help reduce hauling costs and drive progress on recycling.

By Karine Vann @karinevann, Waste Dive

As more states consider policy moves to bolster mattress recycling, changes in the way mattresses are purchased may have effects on the recycling process years down the line.

The promises of mattress recycling are appealing to local governments hoping to lower hauling costs and reach zero waste goals. Because they are bulky and exceedingly difficult to compact, mattresses are a challenge for the waste industry, and in some areas municipalities can be charged significant sums to dispose of them.

As a result, legislation around mattress recycling has gained momentum in recent years. Since 2015, California, Connecticut and Rhode Island have all launched extended producer responsibility (EPR) laws for these products. Other states are hoping to follow suit. A similar program is now being considered by legislators in Massachusetts, which generates 600,000 mattresses per year according to the Department of Environmental Protection (MassDEP). An estimated 75% of that volume ends up in landfills or incinerators. The agency is also pursuing its own disposal ban on mattresses.

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But as the pandemic accelerates the ongoing shift toward a mail-order “bed in a box” system, the industry will have to consider the implications of new purchasing habits and materials that may increase the number of mattress disposed of each year, and decrease the variety of traditional end markets.

Mattress recycling today

As an item historically designed for longevity, there is a significant lag between when a mattress is purchased and when it is discarded. According to Mike O’Donnell, managing director at the Mattress Recycling Council (MRC) – a group forged by the International Sleep Products Association to oversee and expand mattress recycling in the U.S. He said this is an important factor in considering how programs will evolve.

“We have about an 11-year delay between what is being manufactured and when it comes into our recycling facilities,” said O’Donnell, referring to a study performed by MRC in 2019 that looked at the date tags on inbound mattresses, to help the organization begin to “forecast for the future.”

The industry has long been dominated by traditional box spring mattresses. These consist of a variety of materials, from the steel in its springs to the wood in its frames.

But in the last decade or so, modern mattresses have shifted toward a more homogenous composition, made of polyurethane foam.

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How to Say Goodbye to Your “Forever Chemicals”

A U. S. Policy and Regulatory Alert from K&L Gates Attorneys

By Janessa M. Glenn, Steve Morton, Dawn M. Lamparello
and Cliff L. Rothenstein

In response to Congressional direction in the National Defense Authorization Act for Fiscal Year 2020, Public Law No: 116-92, on 18 December 2020, the Environmental Protection Agency (EPA) issued “Interim Guidance on the Destruction and Disposal of Perfluoroalkyl and Polyfluoroalkyl Substances and Materials Containing Perfluoroalkyl and Polyfluoroalkyl Substances” (Interim Guidance) as part of its continuing efforts to regulate the large body of perfluoroalkyl and polyfluoroalkyl substances, collectively referred to as “PFAS.” See, Interim Guidance.

EPA issued the Interim Guidance, not as a rulemaking or policy statement, but to provide current scientific information on disposing of or destroying PFAS and PFAS-containing materials.

PFAS are often referred to as the “forever chemicals” because they do not break down easily or quickly in the environment. Thus, they present a unique challenge for disposal/destruction.

The Interim Guidance outlines three methods that may be effective and are currently available for disposal or destruction—landfill disposal, underground injection disposal, and thermal treatment for destruction (incineration)—and discusses the data gaps and challenges for each, along with noting the need for further research into these methods for future guidance. EPA intends for this information to inform the decision making process of those managing the destruction/disposal of this material.

The Interim Guidance identifies six waste streams that commonly contain PFAS:

Aqueous film-forming foam (used in fire suppression);
Soil (directly through land application or spills, or indirectly through particles released from stack emissions, for example) and biosolids (the Interim Guidance refers to the definition in 40 C.F.R. Part 503 for “sewage sludge,” also called “biosolids”);
Textiles, other than consumer goods, treated with PFAS;
Spent filters, membranes, resins, granular carbon, and other waste from water treatment;
Landfill leachate containing PFAS; and
Solid, liquid, or gas waste streams containing PFAS from facilities manufacturing or using PFAS.

Congress specifically identified these six areas in the National Defense Authorization Act for Fiscal Year 2020 as the waste EPA was required to address through issuance of the Interim Guidance. As a result, while EPA recognizes the information could be useful to other PFAS and PFAS-containing materials, the Interim Guidance only covers these six materials.

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Search Results for: EV

Aerial view of the proposed development at 115-117 Hackensack Plank Drive denied by the Weehawken Zoning Board. Rendering by Nastasi Architects.

The most recently proposed design. Rendering by Nastasi Architects.|

15th Street Pier, Hoboken. Image via Google Maps.

The now-defunct development, The Monarch. Rendering via The Fund for a Better Waterfront.

Site of proposed redevelopment: 800 Monroe Street, Hoboken. Photo by Chris Fry/Jersey Digs.

Mattress recycling today

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