"We have a very unusual situation," said Morgan, adding that since the previous approvals of the project in 1997, the developer made several amendments, including a change of scope from 11-stories to 10-stories.
Morgan said that due to a lawsuit between the city and developer regarding a dispute on the terms of the project, it is "premature" for the city's planning board to hold a hearing.
"For me, the fundamental issue is [that] the court has to resolve this developer's agreement before the Planning Board considers this application," said Morgan. "This is a very unusual circumstance."
Ironstate Development seeks to erect two 10-story residential buildings just east of the Hudson Tea Building near the waterfront. The Hoboken City Council and Mayor Dawn Zimmer have all opposed the project.
The project received the go-ahead from the New Jersey Department of Environmental Protection, but the city has vowed to appeal the DEP's decision in the lawsuit.
The Hudson County Planning Board voted against the project in February. The developer will likely have to revise the proposal and go back to the county to gain their approval, sources said. -Stephen LaMarca