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Old 10-24-2016, 11:36 AM
ontheedge ontheedge is offline
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Angry 1000 Portside Drive 15 story Daibes project

Seems like Daibes has been approved for development at 1000 portside drive - a 15 story building nestled pretty much INSIDE Mariners Cove and just North of the Comfort inn.

Wad this passed with applicable compliance to the sunshine laws governing planning meetings?

Does anyone have any information on how something this large got approved when its surrounded by MUCH lower buildings? How can we go about taking action against this.

The Hess site is a huge fight too. We want to get actively involved and help raise awareness. Any community groups out there want to make some noise?
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Old 10-30-2016, 04:13 PM
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Re: 1000 Portside Drive 15 story Daibes project

Being challenged in court by an affordable housing group.

http://www.northjersey.com/news/advo...nits-1.1681336

EDGEWATER — A housing advocacy group has accused the borough and Zoning Board of Adjustment of unlawfully giving an approval to a prominent local developer that allows him to build a 15-story high-rise along the Hudson River without units for low- and moderate-income residents.

In a lawsuit filed last week in state Superior Court in Hackensack, the Fair Share Housing Center also alleged that an entity owned by the developer, Fred Daibes, filled out an application with false information in an effort to avoid having to provide for extra affordable units as part of the project.

On Friday, attorneys for the borough blasted the lawsuit as “totally off base” and said an agreement with the developer that could be finalized “any day” calls for Daibes to provide affordable units in connection to the high-rise. Based on the facts, they said, the case should be dismissed.

“We are very confident in the positions that we’ve taken in our legal filings and intend on vigorously pursuing this litigation,” Anthony Campisi, a spokesman for the organization, said in response. “What the municipality and the developer are doing very clearly violates state law.”

The New Jersey constitution mandates that cities and suburbs must provide for their “fair share” of low- and moderate-income housing. Municipalities typically require developers to commit to building some affordable units in order to gain approval for larger market-rate developments. In Edgewater, the units can be built on-site or elsewhere in the municipality.

On July 6, 2016, the Zoning Board of Adjustment passed a resolution allowing Daibes to build a 91-unit high-rise known as Kray Plaza at 1000 Portside Drive. The resolution did not explicitly include a requirement for affordable housing. Instead, it said that “the applicant will enter into a developer’s agreement in connection with the final site plan approval.”

In his application for the project, however, Daibes specified that he would build the affordable units required for the project as part of another of his developments known as Winterburn Gardens, a 100 percent affordable building with 21 units under construction at 774 River Road. Daibes was awarded more than $2.3 million in state and federal funding for that project, according to the lawsuit.

The Fair Share Housing Center claims that Edgewater has not provided its fair share of affordable housing and, on that basis, the board’s failure to include a requirement for such housing in its approval was unconstitutional.

In addition, the organization said, Daibes tried to avoid providing the required number of affordable units by representing in writing that the units at Winterburn Gardens would satisfy the obligation created by the high-rise project. State and federal funding, however, is generally reserved for affordable developments that are not and cannot be subsidized by market-rate developments, such as Kray Plaza.

In other words, Winterburn Gardens cannot be used to satisfy the affordable housing obligation created by Kray Plaza, the lawsuit said. Kray Plaza LLC — a development entity owned by Daibes — “is trying to evade its fair housing obligations by pointing to a housing development funded with state and federal funds to satisfy the fair housing obligations of a totally separate luxury high-rise project,” Kevin Walsh, executive director of the Fair Share Housing Center, said in a statement.

But Joseph Mariniello Sr., an attorney representing the borough, said Walsh and his organization are “wrong on their facts.”

“The board of adjustment’s resolution didn’t set forth what the low and moderate income housing obligation would be, but it did make it subject to a developer’s agreement between the town and Kray Plaza, which is common,” he said.

That argument was echoed by Daibes when reached by phone Friday.

“It was just a mistake that they didn’t put it on the record at the approval but they did say that we’re subject to COAH requirements,” he said, referring to requirements to build affordable units.

A draft of the developer’s agreement shared with The Record on Friday indicates that two affordable units will be built in the high-rise, with another nine created through the conversion of market-rate to affordable units at other buildings that Daibes owns in Edgewater.

“Winterburn has nothing to do with this,” Mariniello stressed. “No low or moderates are going in Winterburn from Kray Plaza.”

Regardless, argued Joseph Mariniello Jr., also an attorney, Edgewater and hundreds of other municipalities around the state are procedurally immune from this type of litigation because the courts are in the process of reviewing their development plans to make sure they meet affordable housing needs.

The Fair Share Housing Center is asking the court to invalidate the board of adjustment approval for Kray Plaza and force the developer to set aside 20 percent of all units in the building for low- and moderate-income residents.

Email: pugliese@northjersey.com
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Old 11-04-2016, 07:51 PM
RogerB RogerB is offline
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Re: 1000 Portside Drive 15 story Daibes project

Im a relatively new resident, how does something this large get approved without community input? There should be an email blast, town meeting etc to get involvement.


Quote:
Originally Posted by ontheedge View Post
Seems like Daibes has been approved for development at 1000 portside drive - a 15 story building nestled pretty much INSIDE Mariners Cove and just North of the Comfort inn.

Wad this passed with applicable compliance to the sunshine laws governing planning meetings?

Does anyone have any information on how something this large got approved when its surrounded by MUCH lower buildings? How can we go about taking action against this.

The Hess site is a huge fight too. We want to get actively involved and help raise awareness. Any community groups out there want to make some noise?
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  #4  
Old 11-22-2016, 11:22 AM
theparrots theparrots is offline
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Re: 1000 Portside Drive 15 story Daibes project

Freddy owns the mayor and council

and he did such a great job on Veterans field, they helped him out.
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Old 03-23-2017, 12:43 PM
ontheedge ontheedge is offline
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Re: 1000 Portside Drive 15 story Daibes project

Does anyone have any updates on this? I've been told that we should email the and call the mayors office to complain.
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Old 08-02-2017, 09:36 AM
ontheedge ontheedge is offline
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Re: 1000 Portside Drive 15 story Daibes project

Has anyone seen a ruling here?
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1000 portside drive, affordable housing, coah, community, daibes, development, kray plaza, portside, zoning


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