Here's the story in today's Jersey Journal:

"111 First Owner Is A Step Closer To Demolition; Historic Status KO'd"

Wednesday, November 23, 2005

By BONNIE FRIEDMAN for THE JERSEY JOURNAL

A New York City developer who has been fighting for more than a year to demolish a former industrial building in Downtown Jersey City won a major victory last week when Superior Court Judge Maurice Gallipoli vacated a city ordinance granting historic status to 16 buildings in the Warehouse District.

Gallipoli's ruling leaves in doubt the fate of 111 First St. - a onetime artist enclave that had served as the centerpiece of the Powerhouse Arts District - unless the city files an appeal.

The historic preservation ordinance, adopted by the City Council last year, stated buildings in the district would be protected "from demolition or alteration without review by the Jersey City Historic Preservation Commission and the city's historic preservation specialist."

In July, five commissioners rejected an application from building owner Lloyd Goldman of New Gold Equities to demolish 111 First St. The commission didn't agree with Goldman's claim that the 130-year-old brick building is in imminent danger of collapse and would be too costly to repair.

Gallipoli vacated the city ordinance, saying several of the commissioners were serving expired terms and thus were not legal members of the board, said Victor Herlinsky, an attorney for the city.

However, according to city records, the nine members and two alternates on the historic preservation commission are all within their current terms.

Mayor Jerramiah Healy said through his spokeswoman that he is consulting with the legal department before deciding whether to appeal Gallipoli's ruling.

But many of the building's former tenants - who have continued to stay involved with the building since moving out in March - think it's the beginning of the end for the former P. Lorillard Tobacco Co. warehouse.

"It's such a shame to see it go," said Paul Sullivan, a sculptor and former tenant. "But it's more of a loss for the city. The artists will figure out other places to work."

Several other lawsuits have yet to be heard by the courts. The parties will meet in federal court Monday to hear Goldman's claim that the city is in violation of his constitutional rights.

? 2005 The Jersey Journal

I am curious as to the identity of the "Professional Activists" that medfever refers to. I can say with respect to the Conservancy, our board has always been completely volunteer, and everyone has jobs (although we have had and do have one or two retirees on the board at any one time). Unlike Lloyd Goldman's advocates, we aren't getting paid large sums of money, or any sums of money for that matter, to advocate our position.

As to the historic significance of the warehouse district. Medfever is entitled to state his opinion. I prefer to rely on the research and nomination prepared by Richard James, which provides the historic significance in detaill

http://www.jerseycityhistory.net/warehousenomination.html

One thing which can't go unaddressed is the claim regarding 111 First Street. 111 is, in fact, one of four "pivotal" buildings in the district as per the district's nomination (the other's being the Powerhouse, the A&P building, and the Butler Brothers Warehouse). The owner's own historic preservation consultant had to concede the historic significance of 111 First St. The only argument that he offered up was that because the building had deteriorated, it's ability to evoke the past was "impaired."

Of course, this is largely because the owner has neglected the building for several years and refused to perform basic maintenance. The argument is essentially that if you neglect a historic building long enough, you can then turn around and say it has no historic significance because it has been neglected. That is akin to murdering your parents and then throwing yourself on the mercy of the court because you are an orphan.

Other "dumps" have been rehabilitated and are being developed in accordance with the redevelopment plan. 140 and 150 bay street come to mind.

In any event, the Jersey City Landmarks Conservancy, Pro-Arts, and several other groups have been working to protect and promote the district for several years. So this is hardly a case of taking an opportunity to fight "last year's battle." The battle to save 111 and the other buildings is a battle that was fought this year, last year, the year before that, and the year before that. And you can be assured that the battle will be fought next year, the year after that, and the year after that.

Joshua Parkhurst
President
Jersey City Landmarks Conservancy

This isn't about "saving 111 for artists"--read Hurst and HistoryRules posts more carefully.

Non descript warehouses. Well, the developers at 150 seem to be having a good time marketing the originality of the place. Like Sugar House.

I don't think everyone prefers the tape-and-glue Avalon Cove models.

oh boy, all the downtown professional activists got an early christmas present. how they can work themselves up into a froth with their "sign the petion chants" and poster designs. if you want to have any crediblity at all fight to protect the one of tow stuctures in that area that have any merit, e.g., the powerhouse itself and the fortress like warehouse structure.

fighting to save 111 is complete bull at this point. the artists are gone...that's what happens they reclaim a place, it becomes popular and they move on...that's what always happened. the building is a dump. you guys are just fighting last years battle. is was complete bull to designate waldo a historic district. there are probably 20-25 buildings max in the whole are and most are just non-descript warehouse of no architecutal merit.

A lot of people care about PAD/WALDO, even if you don't, especially those of us who have been here for a long time.

New York's #1 industry is entertainment. Economies in this area are hugely pumped by the arts.

What's the gripe with 8 units for artists? There are plenty of luxury spaces for the buying, no housing shortage I'm aware of.

Who really cares about the PAD /WALDO thing anymore?? 111 is gone and its going to become condos - All the new buildings in the area are forced to provide the first units to so-called "artists" - Guess what - They cant get rid of them - 150 Bay extended the offer three times because not enough "qualified" artists signed up for the units. Stop wasting peoples time who want to move in the area and make it better - Everyone wants a whole foods etc and this is one of the only places left where something could go -

Is there any more information on the second reason?

Not only could this logic potential invalidate every historic designation by the city, but many if not most city resolutions and ordinances. Council members typically speak out in support of issues. It would seem that this logic could invalidate this redevelopment plan and others.

Of course, the failure of the city to do this correctly is inexcusable (or is it intentional). Where was the Law Department and why did they not ensure that there were no procedural flaws and that these ordinances could stand a court test (especially since a court battle was anticipated).

Quote:

Joshua,

Thanks so much for making this information available.

Quote:

I definitely submit to both JPHurst and HistoryRules, as both have more knowledge on this topic. I would, however, argue two things. Inclusion of artists is by no means a sure thing. Developers at 150 Bay only need to hold the "income sensitive to artists" spaces for a set period of time, then they may go to market. To their credit, they do seem to be advertising well, and they have advertised on my not for profit's site in NY. However, even if all these buildings have the requisite spaces for moderate/lower income artists filled, this simply doesn't compare to a centralized building such as 111.

History is certainly at stake, but art is clearly at stake, too. If you look at the trajectory of the five boroughs and Jersey City, an exodus of sorts has and is taking place. Consequently, Jersey City lacks an art movement that is comparable to the general metro area. Philadelphia has 10x the scene that Jersey City logically should with its proximity to NY.

The 111 artists were a vital part of Jersey City's history as well. I respect and admire the work of people who have created innovative ways to encourage developers and accommodate artists at the same time in the PAD, but there are other options. Other cities have done better. I've mentioned it before: www.artspaceusa.org. They are currently doing a project in Manhattan.

To be perfectly frank, having studio space in and around buildings as swishy as 150 Bay where artists will probably be bothered if they "make a mess" or "noise" is not always appealing to some artists. They'll look elsewhere.

To be precise, it's the WAREHOUSE HISTORIC DISTRICT status that is now threatened, not the arts district designation.

No matter what happens to 111, the area will include artists, as other residential projects along Bay, Provost and First streets are proving.

The two titles for the area have been tossed around over the last year, causing confusion. History is what's been at stake all along. We have to remember that, even at this stage.

This turns historic preservation laws--(laws fought so hard for over the decades, with many a landmark sacrificed to get where we are)--over on their heads.

Gallipoli's ruling will reverberate across the country. What the City does over the next few months will determine the outcome. Mayor Healy is not much of an advocate for Jersey City history-- but let's see what actions, if any, he takes.

We have learned that on Friday, Judge Gallipoli ruled that the city had committed procedural violations when it granted historic designation to the Powerhouse Arts District. This places the district in danger. In particular danger is 111 First Street, as the current owner, Lloyd Goldman, has repeatedly vowed to tear down the building.

Although Judge Gallipoli did not issue a written opinion, we have been informed that he ruled that the landmarking was invalid for two reasons. First, the former Historic Preservation Commission was not properly constituted, as a majority of its members' terms had already lapsed. Second, Steven Gucciardo, the chair of the commission, and former councilman Junior Maldonado, were "biased" because they had previously spoken out in favor of the district.

The second rationale is particularly troubling. It essentially says that neither a historic preservation commissioner or city councilman can participate in decision making if they have a history as a citizen advocate. If the city wanted to appoint experts to the commission, such as, say, John Gomez, then he could arguably be disqualified from participating in any meaningful vote because of his long track record in advocating for Jersey City's landmarks. (Of course, there is no limitation on voting for individuals who have taken campaign contributions from Lloyd Goldman or other developers).

In this sense, Justice Gallipoli's ruling is not only a setback to the Powerhouse Arts District, but is a crushing blow to democracy and civic participation.

I would ask that all people act immediately to call the Mayor's Office and their councilmembers (both ward and at large) and asking them to take all steps necessary to protect the district. Specifically, the following steps need to be taken.

1) Ask that the city immediately appeal Judge Gallipoli's ruling and ask for a stay of the ruling.

2) Ask that the city immediately resubmit the landmarking designation for reapproval. Judge Gallipoli did order that Mr. Goldman could not request a permit for demolition until January 1, 2006. The historic preservation commission is now properly constituted (new members were appointed or reappointed over the summer) and can consider the application. However, it is important to act immediately. There is not much time for the landmarking to go through the HPC and the city council (where it needs 2 readings). However, if the city shows that it is acting promptly and in good faith, Judge Gallipoli may require Goldman to hold off further on applying for a demolition permit.

3) Ask that the city immediately take steps to appoint a redeveloper to acquire 111 First Street who is committed to its preservation. The redevelopment plan has not been struck down (at least not yet). While this does not provide historic preservation protection, it does allow the city to appoint a redeveloper. The city has, for months, said that it intends to designate a redeveloper to acquire the Powerhouse and portions of the warehouse district (including 111 First Street). But while there has been a lot of talk, nothing has occurred. Ask that the city make good on its promise to redevelop the district, and to do so in a way that protects the historic landmarks in the district.

Numbers of the Mayor, Councilmembers and their aides are listed below.

Mayor Jeramiah Healy: Tel: (201) 547-5200

Mariano Vega, Jr., Council President (201) 547-5268
Aide: Felipe Rosario (201) 547-5277

Willie Flood, Councilwoman-at-Large (201) 547-5134 Aide: Doris Smith (201) 547-5108

Peter Brennan, Councilman-at-Large (201) 547-5319 Aide: Maureen Bellucci (201) 547-5363

Michael Sottolano, Ward A Councilman (201) 547-5098
Aide: Joe Conte (201) 547-5060

Mary Spinello, Ward B Councilwoman (201) 547-5092
Aide: Sonia Schulman (201) 547-5101

Steve Lipski, Ward C Councilman (201) 547-5159
Aide: Jade Christina Celentano (201) 547-5172

William Gaughan, Ward D Councilman (201) 547-5485 Aide: Bridget Dickson (201) 547-6817

Steven Fulop, Ward E Councilman (201) 547-5315 Aide: Tracy La'Bad (201) 547-5283

Viola Richardson, Ward F Councilwoman (201) 547-5338 Aide: Gwendolyn Agee (201) 547-5361

Thank you all for your assistance in this matter.

Joshua Parkhurst
President
Jersey City Landmarks Conservancy