The Personal Injury Attorney in Fort Lee, NJ, You Can Trust

News

We rely on your support to make local news available to all

Make your contribution now and help Gothamist thrive in 2024. Donate today

Gothamist is funded by sponsors and member donations

The mayor of Fort Lee, New Jersey filed a federal lawsuit on Wednesday that aims to stop the MTA’s congestion pricing program, claiming the tolls planned for Manhattan would increase air pollution in the Garden State.

Fort Lee Mayor Mark Sokolich said the program — which aims to charge drivers who enter Manhattan south of 60th Street — will lead to more drivers entering via the George Washington Bridge in order to avoid the fees. The lawsuit argues that the potential bump in traffic on the New Jersey side of the bridge will cause more air pollution, harming people in the area with respiratory diseases like asthma.

The legal challenge was filed against the Federal Highway Administration, the MTA and the MTA panel tasked with setting the price of the tolls. Sokolich also included Fort Lee resident Richard Galler, who said he has asthma, as a co-plaintiff, and aims to find more people in the area with respiratory issues to join the lawsuit.

Sokolich told Gothamist his town, which sits at the foot of the George Washington Bridge, can’t handle any more cars coming to or from the Hudson River crossing.

“Our cup is completely full — not another drip of traffic could we possibly absorb,” said Sokolich. “We can’t even handle an additional 1%. As it is, our emergency first responders are jogging to calls during traffic gridlock.”

“We’re being ignored, we’re being disregarded, we derive no benefit from this," he said. "It’s just simply not fair.”

The lawsuit calls for a New Jersey federal judge to halt the congestion pricing program, which the MTA plans to launch in the spring. And if a judge does not stop the tolls, the lawsuit demands that New York establish a monitoring program to “evaluate and treat respiratory distress and asthma resulting” from the program.

The suit also calls for New York to set up a fund to “help defray the increased costs to drivers who are forced to pay the increased cost of going through the Holland or Lincoln tunnels.”

The MTA’s environmental assessment on congestion pricing released last year found that traffic could in fact increase on the George Washington Bridge as a result of congestion pricing.

But MTA spokesperson John McCarthy said the program will create cleaner air because the tolls will discourage many drivers from entering Manhattan’s central business district. That's the goal of the program, along with funding $15 billion in upgrades to New York's mass transit infrastructure.

“News flash: Manhattan is already full of vehicles and we don’t need more carbon emissions,” McCarthy said in a statement. “So congestion pricing needs to move forward for less traffic, safer streets, cleaner air and huge improvements to mass transit.”

It’s the second time an elected official in New Jersey has filed a federal lawsuit over congestion pricing. Gov. Phil Murphy filed a separate suit in July against the Federal Highway Administration, arguing the agency gave a “rubber stamp” to the tolls.

Later this month, the MTA’s panel is expected to recommend the cost of the congestion pricing tolls — which could range from $9 to $23 on weekdays. The MTA board will then need to approve the pricing structure and build out the new tolling equipment before the agency launches the program next year.

FORT LEE — With the loud, bustling George Washington Bridge as a backdrop, elected officials from many levels in Bergen County announced a new lawsuit this week in yet another attempt to undo New York's controversial congestion pricing plan.

Fort Lee Mayor Mark Sokolich and Richard Galler, a borough resident with asthma, said in court documents that their health could become impaired from increased traffic on the George Washington Bridge and that they will be inconvenienced by the rerouting because of the congestion pricing tolls planned for Manhattan below 60th Street.

They are seeking a judicially mandated review of the federal approval process used to greenlight the program, as well as the creation of a fund to remediate traffic, noise, air pollution, stress on New Jersey's mass transit infrastructure, and the "deleterious health impact" on residents living near the George Washington Bridge and feeder roads, according to the class-action suit, filed in U.S. District Court in New Jersey on Wednesday.

The plaintiffs cite remediation actions the Metropolitan Transportation Authority is planning in the Bronx, a community that could see more traffic because of congestion pricing, while none are planned in New Jersey.

Those actions include spending at least $130 million to help electrify diesel-powered refrigeration trucks that go to the Hunts Point Market, expanding the clean trucks voucher program, improving community parks, installing air filtration systems at schools near highways, and creating an asthma treatment program.

Sokolich announced the lawsuit's filing at a press conference held at Fort Lee Historic Park, accompanied by U.S. Rep. Josh Gottheimer, who has led the charge against New York's tolling program; Bruce Nagel, the lawyer representing Sokolich and Galler; and other local elected officials who are fighting congestion pricing.

"To absorb that additional traffic is going to all but destroy the quality of lives we've managed to accumulate here in Fort Lee," Sokolich said. "With that comes pollutants, filth, dirt, atmosphere — it impacts everybody in my borough, and it impacts everybody in the region."

More:These North Jersey drivers are the ones most concerned about NY's congestion pricing plan

Murphy sued the Federal Highway Administration

The lawsuit is the second in three months to come from New Jersey to try to put a stop to the tolling program, which could go into effect as early as next spring.

Gov. Phil Murphy sued the Federal Highway Administration in July, accusing it of failing to require a more thorough environmental review of the program.

The Metropolitan Transportation Authority — which will oversee the tolling program, designed to reduce congestion in Manhattan, improve the city's air quality and raise money for the MTA's public transportation capital program — asked to join the lawsuit as a defendant last month to ensure that its interests are adequately represented.

'Cancer-causing congestion tax'

Among the outcomes the plaintiffs are seeking in the lawsuit filed Wednesday is for New York "to provide health care for all of the families in New Jersey who develop breathing and other health issues from their cancer-causing congestion tax," Gottheimer said. "They've already admitted that it's going to cause asthma for the children — that's why they're giving all this money to the Bronx. Not a penny for Jersey."

The Traffic Mobility Review Board — named as a defendant in the suit filed Wednesday, along with the MTA, the U.S. Department of Transportation, the Federal Highway Administration and several officials associated with those groups — is tasked with determining what the cost of the tolls will be and how credits or exemptions will work. The board has not yet made a final recommendation on the congestion pricing tolling plan.

“It’s Gottheimer Groundhog Day and — shocker — he wants to send more traffic and more pollution to New York," said John McCarthy, the MTA's chief of policy and external relations. "News flash: Manhattan is already full of vehicles, and we don’t need more carbon emissions. So congestion pricing needs to move forward for less traffic, safer streets, cleaner air and huge improvements to mass transit."

The current outline of the tolling proposal would charge drivers a fee — ranging from $9 to $23 — at the Manhattan entry points below 60th Street, excluding the George Washington Bridge. That's why the new lawsuit alleges that more drivers could choose to use the bridge to avoid the charge. The Lincoln and Holland tunnels could be subject to credits for tolls that people already pay to use those crossings.

The MTA's environmental report predicts that the number of vehicles that pass through Bergen County could increase 0.88% after the program's implementation, which could increase pollutants between 0.40% and 0.82%.

The mayor of Fort Lee, NJ, and a group of Garden State residents suffering from respiratory ailments have filed a lawsuit in federal court to stop implementation of congestion pricing for the Manhattan central business district unless a full environmental study is conducted to identify possible impacts of the plan on New Jersey residents.

Mayor Mark Sokolich is filing in his capacity as both a public official and resident. Richard Galler is filing as a resident and as an asthma patient.

The suit alleges that federal officials and some based in New York State approved both the process and environmental studies “without adequately considering the consequences of the program on New Jersey ...

“This matter is ripe for judicial review as the Defendants are actively deciding on the specifics of the CBD Tolling Zone, costs and other terms and conditions which will have a direct impact on New Jersey residents in less than a year.”

The lawsuit can be viewed online at bit.ly/47ieiCg.

Sokolich and Galler are asking the court to grant them class-action status representing New Jersey residents who will face increased traffic, pollution and financial costs if the plan goes into effect this coming spring.

Galler also is requesting that class-action status be granted to those in the Fort Lee region who suffer from respiratory ailments.

In addition to a New Jersey-inclusive environmental study, the suit is calling on New York State to fund pollution monitoring, as it is promising to do in areas of the Bronx that are likely to bear the brunt of the relocated traffic and pollution.

Under the congestion pricing proposal, vehicles will be charged tolls for entering Manhattan at or below 60th Street. Yet-to-be-determined fees could be between $9 and $23 per automobile, with trucks paying more.

Federal authorities have mandated overnight discounts and reductions for income-eligible residents of the CBD.

The stated aims are to reduce the amount of traffic and automobile pollution in Midtown and Downtown Manhattan; and to raise a minimum of $1 billion per year in order to finance $15 billion in borrowing for the MTA’s capital fund.

The 19-page complaint, filed in U.S. District Court in New Jersey on Nov. 2, names nine individuals and agencies as defendants, including the U.S. Department of Transportation and the Federal Highway Administration, both of which approved environmental studies that did not include a complete environmental impact statement.

It also includes the Metropolitan Transportation Authority, its chairman and CEO, Janno Lieber, the Traffic Mobility Review Board, which will set tolling rates and regulations, its chairman, Carl Weisbrod, and the Triborough Bridge and Tunnel Authority.

The most incendiary allegations regarding potential pollution start on page 13.

“46. In March 2023, the MTA reportedly submitted a secret memo to the FHWA indicating it would commit to spending $130 million towards mitigation measures for New York communities with environmental justice concerns, almost all coming from congestion pricing measures. None of the measures addressed potential harms to New Jersey as a result of the congestion pricing scheme. Moreover, because this memo was not made public New Jersey and other interested stakeholders had no ability to comment.

“47. In early May 2023, the FHWA published its Final [environmental assessment]. Although several mitigation measures were added none addressed issues identified by New Jersey.

“48. Although the [Finding of No Significant Impact] was issued, the MTA had indicated that “Certain environmental justice communities will benefit from decreased traffic: some communities that are already overburdened by pre-existing air pollution and chronic disease could see an adverse effect as a result of increased traffic.” Among the areas mentioned which are in New Jersey are Orange, East Orange, Newark and Fort Lee.

“49. The Plan Sponsors have indicated that they will fund a neighborhood asthma center in the Bronx, and monitor ... to determine whether changes in air pollution are occurring in New York, expand clean trucks program and off-hours delivery program, replace diesel burning trucks and coordinate to expand electric truck charging infrastructure, as well as install or upgrade air filtration in New York school, no such promise has been made to alleviate the suffering in New Jersey that will result from instituting the CBP.

“50. Additionally, the FONSI acknowledged that truck traffic on 1-95 in Bergen County will increase by up to 1,000 trucks and cost will increase for all drivers in New Jersey under each of the seven scenarios under consideration.”

In a statement from the MTA, Chief of Policy and External Relations John J. McCarthy was unimpressed.

“It’s Gottheimer Groundhog Day and — shocker — he wants to send more traffic and more pollution to New York,” McCarthy said. “News flash: Manhattan is already full of vehicles, and we don’t need more carbon emissions. So congestion pricing needs to move forward for less traffic, safer streets, cleaner air and huge improvements to mass transit.”

McCarthy’s reference was to U.S. Rep. Josh Gottheimer (R-NJ). He and Rep. Nicole Malliotakis (R-Staten Island, Brooklyn) have filed a bill calling for a full audit of the MTA’s books as part of their opposition to the congestion pricing proposal.

FIAT and UNLMTD Real Estate have announced a partnership to establish FIAT House, a residential building in Fort Lee, New Jersey, slated to open in early 2024. The property will include over 300 rental units along with hospitality-driven amenities and tailored concierge services.

Situated near the George Washington Bridge, FIAT House aims to provide residents with accessibility to multiple transport options. A significant feature of this partnership is the inclusion of an on-site car-sharing fleet of all-electric FIAT 500e vehicles.

Gabriella LoConte, development lead at UNLMTD Real Estate, remarked on the potential of this collaboration to redefine traditional real estate development by merging mobility and efficient living solutions. Olivier Francois, CEO of FIAT, also acknowledged the collaboration’s alignment with sustainable mobility and modern living. “Collaborating with FIAT on this endeavor forges a unique opportunity to transcend traditional real estate development boundaries,” LoConte said. “We envision a future where people embrace mobility, live efficiently, and experience life to the fullest.”

Homes will feature designs influenced by the styling of the FIAT 500 car. The FIAT brand ethos will also be integrated throughout the property’s attended lobby and expansive amenity spaces.

Subscribe to YIMBY’s daily e-mail

Follow YIMBYgram for real-time photo updates Like YIMBY on Facebook Follow YIMBY’s Twitter for the latest in YIMBYnews

Revised plans have been announced for 231 East 94th Street, an upcoming 46-story residential skyscraper in the Yorkville section of Manhattan’s Upper East Side. Designed by Hill West Architects and developed by The Chapman Group, the 524-foot-tall structure will span 385,831 square feet and yield 452 units in studio- to two-bedroom layouts with 113 of the homes dedicated to affordable housing, as well as ground floor commercial and community facility spaces and a rear yard. The development will replace two low-rise parking garages, an auto repair shop, and a vacant five-story apartment building between Second and Third Avenues.

The project is part of an ongoing ULURP review process by the Department of City Planning, which is evaluating the rezoning of the former manufacturing district. The process began in mid-October and is planned to conclude in May 2024. The developer purchased the pair of garages for $37.5 million in 2016, and the vacant apartment building is owned by Norvin Partners.

Renderings and diagrams of 231 East 94th Street show a symmetrical building massing with a four-story podium along East 94th Street. The main tower features a conventional stack of rectangular floor plates that culminates with a tall mechanical bulkhead. The skyscraper is positioned in the center of the main photo above, and is depicted clad in what appears to be a red brick façade.

Initial plans called for a building with 500 apartments and 150 affordable units, and a larger community facility space measuring 24,700 square feet on the ground floor and cellar level. The floor count and architectural height of 524 feet, including the bulkhead, remain the same. The Chapman Group is seeking to acquire neighboring air rights from the western half of the city block.

The majority of units will be one-bedrooms spanning between 483 to 697 square feet, which the largest two-bedrooms measuring 1,200 square feet on the sixth floor of the building.

When completed, 231 East 94th Street would be amongst the tallest structures to rise over the Upper East Side. The nearest subway from the property is the Q train at the 96th Street station along Second Avenue. Further west is the 6 train at the 96th Street station on Lexington Avenue.

Subscribe to YIMBY’s daily e-mail

Follow YIMBYgram for real-time photo updates Like YIMBY on Facebook Follow YIMBY’s Twitter for the latest in YIMBYnews

Permits have been filed for a six-story residential building at 28 Putnam Avenue in Clinton Hill, Brooklyn. Located at the intersection of Downing Street and Putnam Avenue, the lot is a short walk from Franklin Avenue subway station, serviced by the A and C trains. Joel Werczberger of Watermark is listed as the owner behind the applications.

The proposed 80-foot-tall development will yield 8,187 square feet designated for residential space. The building will have 10 residences, most likely rentals based on the average unit scope of 818 square feet. The steel-based structure will also have a cellar but no accessory parking.

S. Wieder Architect is listed as the architect of record.

Demolition permits were filed in September for the two-story building on the site. An estimated completion date has not been announced.

Subscribe to YIMBY’s daily e-mail

Follow YIMBYgram for real-time photo updates Like YIMBY on Facebook Follow YIMBY’s Twitter for the latest in YIMBYnews

Aquarius Restaurant violated minimum wage, overtime laws; assessed $35K in penalties

FORT LEE, NJ – The U.S. Department of Labor has recovered more than $300,000 in back wages and liquidated damages for 63 workers at a Fort Lee restaurant after an investigation found the employer’s pay practices violated federal minimum wage and overtime regulations.

Investigators with the department’s Wage and Hour Division determined Aquarius Restaurant Group Corp. violated the Fair Labor Standards Act’s minimum wage and overtime requirements by:

In addition to recovering $150,805 in back wages and an equal amount in liquidated damages, the division assessed $35,274 in civil money penalties for the willful nature of the employer’s violations.

“Most people employed in the restaurant industry work long hours to support themselves and their families and they have the right to be paid all of their earned wages,” said Wage and Hour Division District Director Paula Ruffin in Mountainside, New Jersey. “Aquarius Restaurant Group Corp. failed to fulfill their legal responsibilities and has faced the costly consequences for shortchanging their employees.”

The division’s Northeast Region is offering a free, virtual training event for employers, employees and worker advocates in the restaurant industry on May 17th from 10-11:30 a.m. EDT. Attendance is free, but registration required. Register for Food for Thought: Federal Labor Law Tips for the Restaurant Industry.

In fiscal year 2022, the Wage and Hour Division recovered more than $27.1 million for more than 22,000 workers in the food service industry. In 2022, the Bureau of Labor Statistics reported near record numbers of job openings and workers in the accommodations and food services industry quitting their jobs.

Learn more about the Wage and Hour Division. Workers and employers can call the division confidentially with questions at its toll-free number, 1-866-4-US-WAGE (487-9243), regardless of their immigration status. The department can speak with callers in more than 200 languages. Workers and employers alike can help ensure hours worked and pay are accurate by downloading the department’s Android and iOS Timesheet App for free, which is available in English and Spanish.