Port Authority window program may carry risks for Bayonne residents

Confusion and controversy have arisen after the Port Authority recently offered a window-replacement program as part of their noise mitigation efforts for roughly 100 Bayonne houses affected by the Bayonne Bridge construction project.

On Wednesday, Bayonne Mayor Mark Smith sent out a letter urging residents to be wary of the terms of the program, since it was believed residents would lose any rights to sue. In a statement released by city officials yesterday, Smith was critical of the Port Authority and opposed any release requirements it has put in place.

Many residents were surprised by the release clause which the owners were required to sign in order to receive the noise mitigation benefit, Smith said. The release says in part, that the owner releases the authority and its agents from any claim related to noise, dust and other such nuisances resulting from construction activities.

Smith added: For many months now, the Port Authority has touted their window replacement program as the cornerstone of their Noise Mitigation program, now to require people to release the authority from any and all noise, dust and nuisance claims is too much. Their project is causing these issues and we expect them to be responsible for mitigating these exposures without any cost to our property owners.

But Port Authority spokesman Chris Valens clarified that the limited release clause applies exclusively to the window replacement program.

It was never our intent for the contract to cover anything other than the window replacement, said Valens. Were working to clarify and simplify the language.

The Raise the Roadway project, which will take four years to complete, will create clearance below the bridge for larger container ships, particularly those that will pass through the Panama Canal, to fit under the bridge en route to ports in Newark and Elizabeth, officials have said.

The effort, which began seven months ago, is one of the largest infrastructure projects taking place in the U.S.

Lucia Frazier, 66, of Avenue A, has been unhappy with the effects the construction has had on the surrounding neighborhood. She remained resolute, saying she wouldnt sign any of the recent forms provided by the Port Authority.

I want to sell my house, but with all this, how am I going to? said Frazier. I spoke with Bill Young (Port Authority liaison for residents) and he told me I should thank the mayor for letting us keep our houses from the Port Authority.

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Port Authority window program may carry risks for Bayonne residents