Homes for All Newark files lawsuit to stop controversial 30-story skyscraper in Ironbound community

Ironbound Residents to Newark:
Our Health, Homes, and Future Are Not for Sale

Also posted to Jersey Digs and Patch.com

Homes for All Newark has filed a lawsuit to stop the controversial Iberia II Realty Urban Renewal LLC project, calling it a direct threat to the Ironbound’s health, housing, and community fabric.

Homes for All Newark is a grassroots organization of Newark residents committed to ensuring that all Newarkers have the right to remain, thrive, and participate in their neighborhoods. “We are not opposed to responsible development, but we demand a voice,” said Tanisha Garner, President of Homes for All Newark. “We just want development that’s good for the existing community and doesn’t displace us.

Environmental Crisis Ignored

Ironbound residents face constant threats of air and water pollution and already suffer some of the highest rates of cancer and respiratory illness in Newark. The proposed Iberia II Realty project would pave over 98% of the site, leaving almost no green space, adding to the heat island effect and sending even more polluted runoff into overwhelmed sewers and the already-contaminated Passaic River which was contaminated with Agent Orange from a local Superfund Site.

“The Ironbound is an Environmental Justice Community, fighting every day for clean air and water,” said President Garner. “The city is letting developers gamble with our health.”

Infrastructure and Housing at Breaking Point

The proposed 26- and 30-story towers would overwhelm local infrastructure, worsen flooding, drive up property taxes and rents. This fuels the fears of residents like Lenny Thomas, who states, “The community has worked hard to improve its quality of life, but this project does little for the present residents but raise their cost of living, tear down their homes, and make spaces for people outside the community.”

The City states that there is a shortage of low income housing. Recently Terrell Homes a NHA site which is the backyard of Riverfront Park and the Passaic river. The 275 low income units were sold and now closed. A 68 unit senior building is being built. Only 13% of the units are restricted to 30% area median income. This has added to the housing shortage of low income units throughout the city which is not being replaced. “There isn’t a one for one replacement of low income housing that has been demolished Citywide,” said Tanisha Garner, President of Homes For All Newark

Community Silenced by a Broken Process

Residents say the city’s approval process favored developers at every turn: Officials withheld key documents, ignored public input, and the Newark City Council amended “The Sixth Amendment to Newark River: Public Access and Redevelopment Plan Ordinance.” These actions sidestep legal requirements and undermine the integrity of the city’s planning process.

“These monster towers fail to address the lack of low-income housing, poor air quality, and congested streets that plague our neighborhood,” said John Goldstein, HFAN member. “I hope this lawsuit will result in a more inclusive planning process with better outcomes for Ironbound residents.”

The city’s approval process has failed to respect the Ironbound’s identity as a small, tight-knit community with a rich history and a strong sense of cultural belonging. “I want to be able to see the sun,” said Patricia Lourenco, a concerned Down Neck/ Ironbound resident. “I work six days a week. I want to be happy when I wake up, and the sun adds to my quality of life. We are not New York, where tall buildings are everywhere. We are the Ironbound, and we deserve a say.”

Before vs. after comparison of the 26/30 story towers at proposed site
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Residents Demand Community Before Profit

Homes for All Newark calls for:

  1. A legally binding Community Benefits Agreement (CBA) between the developer and Ironbound residents
  2. Respect the Neighborhood Scale: A 12-story height cap to respect the neighborhood’s scale
  3. At least 50% of units affordable to Newark families (40–60% AMI)
  4. 75% of affordable units as two- or three-bedrooms
  5. 10% of all units reserved for Section 8 voucher holders
  6. A Federally Qualified Health Center and affordable retail space for local Entrepreneurs
  7. Local hiring for all jobs
  8. Restore the Riverfront parcel to add to the tree count

Ironbound: Power in Community

“We know the power to shape our future is in our hands,” said President Garner. “We urge city leaders to halt this reckless project and work with us—not against us—to build a healthy, affordable, and just Ironbound.”

“If this can happen in the Ironbound, it can happen anywhere in Newark,” continued President Garner.

“Every neighborhood deserves real transparency, meaningful community input, and development that puts residents first—not just profits. The power to protect our homes and shape our future is in our hands, and We urge all Newarkers to Stand Together and to Defend the SOUL and Future of Our City.”

Media Contact:
Tanisha Garner
President
Homes For All Newark
chozindesign6@gmail.com

PLANewark Projects

20-26 Bruen Street

2014

Application Reference: ZBA 7-14-C

The proposal for a surface parking lot on Bruen Street brought the community together to form PLANewark (under a different name at the time) and has driven much of our work since. The area around Penn Station has long been dominated by commuter parking lots and has been steadily growing for decades. In 2014, members of the neighborhood opposed the creation of yet another parking lot on a property where a building had to be demolished to make way. Expert testimony was given against the lot, and the Zoning Board decided the negative impacts vastly outweighed the positive contribution the lot would have had in the neighborhood. This represented the first time citizens of Newark successfully opposed the creation of a parking lot. PLANewark members advocated in favor of dense, mixed-use development and won.

Click here to learn more about this project.

Washington Street Lot

2015-Present

Application Reference: ZBA 15-66

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Edison Properties owns and operates a large parking lot at the corner of Washington Street and Central Ave in the heart of downtown Newark. In the summer of 2015, the company proposed an expansion of that lot to take the place of a former terracotta building with contributing historic character. PLANewark opposed this action because surface parking lots are not permitted anywhere downtown and because of the loss of character in the James Street Historic Commons. Instead of a long battle with Edison, we forged an agreement with two important outcomes:

  1. Edison agreed to vast improvements to the original design including planted buffers around the perimeter, less obtrusive signage, bicycle parking stands, electric car charging stations, and more. These non-standard features have helped to improve the visual appearance of the lot and contribute some small public benefits.
  2. Edison agreed to enter a development process in which several options will be evaluated to redevelop the lot with a large, mixed-use building. If at the end of this process, redevelopment is financially feasible, PLANewark will be advocating for the kind of development that will bring tangible public benefits to the neighborhood.

Click here to read the development agreement between Edison Properties and PLANewark.

Central Avenue Lot

2015-2016

Application Reference: ZBA 15-65

Central Ave Ghost

Similar to the Washington Street Lot, PLANewark entered an agreement with Edison Properties in order to bring public benefits into the plans for a surface parking lot expansion. This expansion also was taking the place of an existing building which was demolished under questionable circumstances. We were not able to win a redevelopment agreement for this lot, but we were able to secure several improvements that contribute to the neighborhood including planted buffers around the perimeter, less obtrusive signage, bicycle parking stands, electric car charging stations, and more.

Click here to read the agreement between PLANewark and Edison Properties.

Family Dollar

2015-2016

Application Reference: CPB 15-38, CPB 16-03

Members of PLANewark worked with the Broad Street Neighborhood Association (BSNA) and others to protest the development of a suburban-style Family Dollar store in the Lower Broadway neighborhood of Newark. When the application was heard by the Central Planning Board, residents used their knowledge of the application, the Newark Master Plan, and the recently adopted zoning regulations (NZLUR) to present arguments against the development. Based on the persistence of BSNA and some technical assistance from PLANewark, the applicant was denied twice by the Planning Board. While  this does stall development on the lot in the short term, it does retain the possibility that the Master Plan will be fully realized along this main artery of Lower Broadway. The neighborhood group and the owner of the property have already begun talks to transform the vacant lot and small garage into mixed-use development that will benefit everyone.

28-50 McWhorter Street

2013-Present

Application Reference: ZBA 16-73, ZBA 17-26, CPB 18-15

J&L Parking Lots has slowly amassed dozens of acres of surface parking lots in downtown Newark. Although the company has started to develop some of their lots, it is only the ones furthest away from the heart of the neighborhood that are getting attention. Starting in 2013 and continuing to this day, we have fought against this parking lot between the Ironbound neighborhood and Penn Station which has stifled development in the area. Members of PLANewark appealed the original Zoning Board approval and won at the State of New Jersey Supreme Court of Appeals. Now, the company operates the parking lot illegally.

Taco Bell

2017-2018
Application Reference: ZBA 16-61, CPB 17-21

Residents of the Lower Broadway Neighborhood Association and the Historic 8th Avenue Association reached out to PLANewark about an application for a standalone drive-thru restaurant at the “gateway” between Downtown and Lower Broadway. PLANewark and local residents presented arguments against the project which is inconsistent with the Broad Street Station Redevelopment Plan and exacerbates the problems with fast-food and auto-oriented businesses within a transit-rich, residential neighborhood. In January 2017, the Zoning Board of Adjustment denied the application. However, Muy Brands re-applied and was granted approval from the Central Planning Board in July of 2017, despite the application being almost identical. The Taco Bell completed construction in 2018 and will remain for some time as a reminder of the deficiencies in the planning and development process.

Newark Guide to Planning for Residents

2019

PLANewark is working on a booklet entitled “Newark: A conversation on change in our city.” This booklet is meant to be an introduction to planning and development issues in our city and explain what these issues mean for everyday life. Presented as a series of questions and answers, this booklet provides a pathway to learning about and participating in the planning process that is accessible to all Newark residents.

Parking Day

2015-Present

PARK(ing) Day is an annual worldwide event that takes place on the third Friday of September where artists, designers and citizens transform parking spots into temporary public parks. In 2016, PLANewark participated in this event by occupying parking spot with a pop-up public parklet on Newark’s Halsey Street shopping corridor.

To learn more about what PARK(ing) Day is, click here.

Old Essex County Jail Project

2019

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Credit: Madeline Berry

PLANewark is a proud sponsor of an exhibit on the old Essex County Jail. In part, this project documents and displays the work of Columbia GSAPP students from 2018. A website has been created to display the history, current state, and future reuse proposals for this historic site.

PLANewark Resources

Newark’s Master Plan

Current Master Plan published in 2012. This Master Plan serves as the underlying principles of the current Newark Zoning and Land Use Regulations (NZLUR). Any changes to NZLUR must be consistent with Newark’s Master Plan.

Volume 1Volume 2Mobility Element

Newark Zoning and Land Use Regulations

Current zoning regulations adopted in March of 2015 that govern land use, building bulk, parking, design guidelines, and the overall form of our city. Any development application that deviates from these regulations requires a variance from the Central Planning Board (CPB) or Zoning Board of Adjustment (ZBA). The interactive zoning map below allows users to zoom into particular properties to check the zone designation.

NZLUR*Zoning Map (beta)NZLUR Summary

*The Newark Zoning and Land Use Regulations have been amended to include the following. Any amendments supersede language in NZLUR.

Inclusionary Zoning Ordinance (IZO) In general, the IZO requires medium to large residential developments to set aside at least 20% of apartments to be “affordable” as defined by the State of New Jersey. These rules apply to new developments over 30 units or rehabilitated developments over 40 units under the following situations: developments seeking ‘C’ or ‘D’ variances from NZLUR or a Redevelopment Plan; all developments sold by the City of Newark through a redevelopment agreement; and all developments in an MX-3 zone (defined below);
MX-3 This ordinance created a new zone in the Ironbound neighborhood next to Penn Station. In addition, it introduced new uses and modified bulk requirements in all zones throughout the City. The MX-3 ordinance was adopted despite being inconsistent with Newark’s Master Plan. The New Jersey Municipal Land Use Law requires that the municipality state official reasons why the ordinance was adopted with the inconsistencies. Read here for the official response.
Zoning Board Application Fees To help increase the processing speed of applications, the city revised the rules for the Zoning Board to assess fees on applications. Presumably, this revenue will be used to hire more planning staff to handle applications.
Zoning Board Meetings and Stipend This permits the ZBA to meet up to 40 times per year, allows 2 additional alternate board members, and provides a $5000 stipend per year for each member.

Interactive Zoning Map

This map provided for reference only. See the NZLUR for the official map.

Newark Redevelopment Plans

In particular areas throughout Newark, redevelopment plans overrule the NZLUR and govern the land-use, building bulk, and other regulations. In general, these plans are applicable throughout Downtown, the Kent/Brenner/Springfield neighborhood, and the Riverfront.

Office of Planning and Zoning

The website for Newark’s Office of Planning and Zoning  includes links to the Master Plan, NZLUR, the CPB, the ZBA, the Landmarks and Historic Preservation Commission, as well as many other links and resources to learn about planning and development in Newark.

Organizations and Authorities

Below is a list of planning and development organizations and governmental institutions that set policy on planning and land-use issues in our area.

North Jersey Transportation Planning Authority
The NJTPA is the federally authorized Metropolitan Planning Organization for the 13-county northern New Jersey region. Each year, they oversee funding for transportation improvement projects and “provide a forum for interagency cooperation and public input.”

Regional Plan Association
The RPA is an urban research and advocacy organization. RPA works to “improve the prosperity, infrastructure, sustainability and quality of life of the New York-New Jersey-Connecticut metropolitan region.”

Interactive Parking Map

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Explore an interactive map of the 300+ acres of parking in Downtown Newark. This map is part of PLANewark’s ongoing fight against the expansion of surface parking in Newark. Click the rectangle icon on upper right hand corner of map to view full screen. Click on individual, color-coded lots to view information on the property owner and acreage.

Thank you for expressing interest in the old Essex County Jail exhibit in the Newark Hahne’s Building. We are pleased to invite you to TWO upcoming events reflecting on this exhibit, its contents, and Newark history. ​We hope to see you there!​

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Incarceration- Rethinking and Reform

INCARCERATION: RETHINKING AND REFORM
Wednesday, September 18th, 6:00-7:30pm

This panel is comprised of criminal reform advocates to further explore the exhibit, In Search of the Just City: Rethinking the Old Essex County Jail. Panelists will discuss the relationship between social norms of punishment and the way society incarcerates its members judged to have violated the law. Using the 1837 Essex County Jail as a starting point, panelists will describe the criminal justice reforms they are currently involved in, such as voter enfranchisement initiatives, educational programs, and bail reform. This panel aims to stimulate discussion and provide opportunities for attendees to become involved in criminal justice and prison reform.

Speakers:
Alexander Shalom (Senior Supervising Attorney, ACLU-NJ)
Andrea McChristian (Law & Policy Director, NJ Institute for Social Justice)
Ronald Pierce (Democracy and Justice Fellow, NJ Institute for Social Justice)
Schneur Zalman Newfield (Borough of Manhattan Community College, CUNY)

Hosted By:
NJ Appleseed Public Interest Law Center and PLANewark

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0:00 Renee Steinhagen
9:01 Andrea McChristian
23:48 Ronald Pierce
35:16 Schneur Zalman Newfield
48:30 Alexander Shalom
1:07:11 Q&A
1:17:42 Concluding Remarks

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Preserving Newark- Past and Future

PRESERVING NEWARK: PAST AND FUTURE
Wednesday, September 25th, 6:00-7:30pm

What is the role of Historic Preservation in our growing city? How do we recognize our past wrongs while building a more vibrant future? In many ways, Newark’s long awaited Renaissance is here. But what will happen to the unique cultural and historic spaces that make our city vibrant? This panel discussion will delve deep into the future planning of our city and the role that historical places play in that development. Our panelists have a range of experience to help broaden the discussion beyond simply aesthetics and answer complicated questions about culture, finance, and urban planning. Please join us for an evening to open up the dialogue and build a path forward.

Speakers:
Dr. Marion Bolden (Former Superintendent, Newark Public Schools)
Bryony Roberts (GSAPP, Columbia University)
Craig Whitaker (Architect, City Planner, Author)
Liz Del Tufo (President, Newark Landmarks)

Moderated By:
Tyler Tourville (Chair of PLANewark, Architectural Designer)

Hosted By: Newark Landmarks and PLANewark

Rethinking the Old Essex County Jail

NJ Appleseed and PLANewark are helping to sponsor a new exhibition about the old Essex County Jail. The exhibition will be installed behind the main staircase in the Hahne’s Building Atrium. Please join us this Thursday, May 16th at 2pm to celebrate the hard work that went into the exhibition. The exhibition has an accompanying website listed at http://oldessexcountyjail.org.

We will also be hosting a panel discussion later this summer to contemplate the role of historic preservation in our growing city. Please stay tuned for announcements!

5 Reasons Why MX-3 Should Not Pass

Over the past year and a half, the Baraka administration has pushed for an amendment to the Newark Zoning and Land Use Regulations (NZLUR) primarily to create a new MX-3 zone in the Ironbound neighborhood, directly adjacent to Newark Penn Station. This new zone calls for taller, denser buildings, most of which would require compliance with the nascent Inclusionary Zoning Ordinance. That means most large buildings in the new zone would need to set aside a minimum of 20 percent of the total number of residential units for Affordable Housing, as defined by the State of New Jersey.

On the surface, this is a noble idea and can serve to benefit the City of Newark for decades to come. Considering that a large portion of the  land in question is currently underutilized as surface parking, vacant, or small scale industrial uses, it is clear something needs to change in this area. Penn Station is the busiest train station in New Jersey, after all, and Newark deserves a grade A transit-oriented neighborhood.  Unfortunately, the current draft of the ordinance is short-sighted and riddled with errors and vague language. It simply is not ready to become law. Below are five reasons why the ordinance should not pass as it exists today.

  1. MX-3 will make housing less affordable in the Ironbound
  2. MX-3 Encourages overdevelopment without infrastructure improvements
  3. Text is poorly written and susceptible to abuse
  4. The process is opaque, rushed, and non-democratic
  5. Sets a bad precedent

Continue reading 5 Reasons Why MX-3 Should Not Pass

New Study Assails Secrecy Surrounding Amazon Headquarters Bids

We all know that Newark is one of the 20 finalists in the running to be selected as the location for Amazon’s second headquarters and that, to lure the company, the state and city are offering up to $7 billion in tax credits and other incentives.

The reason we know that much is because New Jersey and Newark both passed legislation on the subject, exposing the process to public scrutiny.  But the bid Newark submitted to Amazon has not been disclosed. And though huge amounts of public resources are also involved in the bids of the most of the other 19 contenders, including  Chicago Dallas, Miami, and New York City, even less is known about most of those other bids.

The troubling secrecy surrounding the high stakes process is the subject of a study released on April 3 by Good Jobs First, a non-profit that focuses on corporate accountability. The title encapsulates the important issues at stake: “Public Auction, Private Dealings: Will Amazon’s HQ2 Veer to Secrecy Create a Missed Opportunity for Inclusive, Accountable Development?

Continue reading New Study Assails Secrecy Surrounding Amazon Headquarters Bids

LAWSUIT CHALLENGES IRONBOUND UPZONING

In a process that took years, spanned three mayors and was led by an urban planner who just won a MacArthur “genius” award based, in part, on those efforts, the City of Newark overhauled its zoning laws in 2015.

It was the first such comprehensive revision in more than 50 years and was widely praised not only for the substance of the new zoning,  which was based upon goals of environmental justice and accountable development, but for the open, participatory process by which it was adopted

Recently, in a move that would seem to undermine the well-thought out plan embraced just two years earlier and to contradict its participatory approach, Newark amended its zoning to increase the maximum building height in part of the Ironbound. And it allegedly did so without providing nearby residents the legally required notice.  Continue reading LAWSUIT CHALLENGES IRONBOUND UPZONING

NEWARK PLANNER WINS GENIUS GRANT

Photo by John D. & Catherine T.  MacArthur Foundation/CC BY

PLANewark salutes the selection of Damon Rich, as one of 24 MacArthur Foundation fellows for 2017. Rich is a designer and planner who shares the PLANewark vision of building a vibrant and reinvigorated Newark through equitable and sustainable environment and land-use practices.

He and the other honorees will each receive a $625,000 “genius” grant, bestowed annually on creative people, working in any field, who have shown “extraordinary originality and dedication in their creative pursuits and a marked capacity for self-direction.”

Rich was chosen for “creating vivid and witty strategies to design and build places that are more democratic and accountable to their residents.”

Continue reading NEWARK PLANNER WINS GENIUS GRANT

Do surface parking lots detract from a city’s stability and sustainability efforts?

Our recent policy articles have asked this question.  New Jersey Appleseed is currently involved in a case that is working it’s way through the NJ Court System whereby the answer to this question from a group of concerned citizens in Newark is a decided “no.”

To read the appeal of City of Newark’s Zoning Board of Adjustment’s 13th d(l) use variance for a parking lot at 28 McWhorter Street, filed by Renee Steinhagen on behalf of group of concerned citizens click here.