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HomeMy Public PortalAbout2023-02-01 Special Joint Meeting Minutes Special Joint Meeting Mayor & Council and Planning Board February 1, 2023 - 7 PM Franklin Avenue Middle School Multipurpose Room 755 Franklin Avenue, Franklin Lakes Meeting Called to Order A special meeting of the Mayor and Council and the Planning Board was held on February 1, 2023 in the Franklin Avenue Middle School Multipurpose Room. Roll Call The following Council Members and professionals responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Council President Bonagura(via Zoom teleconferencing), Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith, Affordable Housing Attorney Edwards, Borough Planner McManus, and Borough Clerk Rulli. The following Planning Board Members and professionals responded to the roll call: Mayor Kahwaty, Mr. Adams, Mr. Comitto, Mr. Conte, Ms. Cristiano, Mr. Lauber, Mr. Ochs, Mr. Pullaro, Mr. Sheppard, Mr. Madaio, and Borough Planner Ms. McManus. Also in attendance was Planning and Zoning Board Secretary and Zoning Officer, Diane Lilienthal. Mr. DeLorenzo was absent. Sunshine Law Statement The Borough Clerk read the Sunshine Law Statement. Flat Salute Moment of Silent Appreciation to Our Veterans Introductory Remarks by Mayor Charles J. X. Kahwatv Mayor Kahwaty asked that everyone adhere to the meeting rules and introduced Andrew Del Vecchio, here on behalf of S Hekemian (SHG), the contract purchaser of the Cigna site. Mr. Del Vecchio stated that SHG seeks to revitalize the area and will present a concept plan for the property. Presentation by Developer of Cigna Property Mr. Peter Hekemian introduced himself as managing director for the company, SHG. He stated he doesn't like most developers, but likes to work with great designers in great communities. Ed Shim, Architect and HLW International site planner, discussed the goal of building good architecture. He stated Bruce Englebaugh of Minno &Wasko will also be working as an architect on the project. Special Joint Meeting of the Mayor& Council and Planning Board Page 2 February 1, 2023 Minutes Ana Ammari, an architect at HLW International, presented the site plan, giving context to the existing campus. Mr. Englebaugh gave an overview of the proposed development. He discussed facade character; stated storm water basins will be required; and noted lower density housing will be built to accommodate the amount of storm drains required. There will be apartments, low income housing, townhomes, and 50,000 feet of retail space. It will be a mixed use community area of residential and retail. He stated this is subject to change. Mr. Hekemian stated it would include an anchor store, an organic type grocer,boutique stores, and fitness locations. He spoke about the lifestyle choice of apartments. Mr. Del Vecchio thanked the audience for their courtesy and stated he will answer questions. Mayor Kahwaty asked if any members of the Council or the Planning Board had any questions. There were none. Time for Public Comment Motion by Council to open the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Motion by Planning Board to open the time for public comment was made by Mr. Ochs, seconded by Mr. Adams. On voice vote, all in favor. Douglas Shayne, 935 Old Mill Road, spoke of Robert Burns' best laid plans and stated this project will not happen. He stated he spoke with a top attorney who said this project is dead in the water. The public has a right of action if the Mayor and Council neglect theirs, quality of life is being destroyed. He discussed recalling the Mayor from office, the Courts, the legal process and how this project would be a detriment to all members of the community. Peter McBride, 710 Franklin Lake Road, stated he has been a resident over 60 years, spoke about his family history, the development of the town and its benefits and stated it needs residential diversity. He stated this project is the last chance for Franklin Lakes to do something for empty nesters who can't afford or maintain larger homes. Franklin Lakes also needs younger people and for that you need diversity of housing types. Dan Danielo, 159 Birch Road, stated he walks through the development almost daily. He asked if anyone has discussed the Wyckoff area of Parsons Pond and if thought had been given to the traffic between Parsons Pond Road and Birch Road as the development will greatly increase the flow of traffic. Mr. Del Vecchio replied that it has not been looked at. He stated the existing the access points are sufficient. Special Joint Meeting of the Mayor& Council and Planning Board Page 3 February 1, 2023 Minutes Ari Donio, 501 Kings Point Trail, stated he would appreciate if the developer would say he is here to make money. He spoke about empty nesters,the over 55 community, height of the development, stated adding 15-20% more people will be lot of people in a small place, and that people came here for the one acre lots. Tim Shanley, 565 Burt Place, Wyckoff, stated there are concerned Wyckoff residents here. He lives four houses from Franklin Lakes at the corner of Lawlins and heard there would be access coming into Lawlins. He asked if this is true. He stated he is here as resident and a Committee member in Wyckoff, which is also opposed to the project. Mr. Del Vecchio responded he had not heard this. Katherine Shayne, 935 Old Mill Road, stated she is also an attorney. She stated the developers mentioned design and appearance many times, but not about research that has been done to substantively determine how this development will affect the community. She stated she finds it unbelievable that no one on the Council had any questions. Mayor Kahwaty stated that he and the Council want to hear feedback from residents. Ms. Shayne questioned how many Affordable Housing units there would be and how this will `mesh' with the `upscale boutiques' mentioned. She stated if the Council doesn't fight this, she will personally collect signatures to have a recall election. Mayor Kahwaty spoke about being a trial lawyer and what the Borough could possibly lose if this goes to court. He stated that New Jersey is the only state that has this Affordable Housing law and that he is bitter about it. If he (and the Council) `rolls the dice' for the community, a judge is very likely to increase the number of units dramatically. He stated that is his major concern and a significant downside to fighting this project. Morgan Friedman, 305 Haven Road, spoke about the amount of coverage and the response from the builder that this is a concept plan, asked what the concept plan mentioned, if this is in lieu of units on McCoy Road, and if this will take care of Affordable Housing requirements. Mr. Del Vecchio responded that he doesn't have that information. Mayor Kahwaty stated he will try to get it. Mr. Edwards stated this development would take away the need for the McCoy Road development. He discussed what requirements need to be met for Affordable Housing. Ms. Friedman asked about offering a PILOT tax program to the development. She stated she is strongly opposed and wants a meeting so residents fully understand the impact on taxes. She spoke about programs likely needed for additional children in the schools, such as meal programs and Special Education. She stated the Mayor and Council need to consider how people are impacted, and come up with solution that is not only good for the builder but also for the residents. Mr. Edwards stated we have not offered anything. It has been proposed for a donation of land for fifty five units. He stated the County gets 5% of the taxes, and the school board is discretionary. Special Joint Meeting of the Mayor& Council and Planning Board Page 4 February 1, 2023 Minutes Borough Attorney Smith stated that we have an unmet need and will never be able to satisfy it. Judy DeParto, 1089 High Mountain Road, addressed Mr. Hekemian, stating that just because you can do something, doesn't mean you should. She stated the aesthetics in Franklin Lakes is customarily one acre lots. She presented her concerns about building on wetlands, asked about traffic flow, if traffic studies have been done, about the developer contributing to the cost to build schools and pay for additional emergency services. She spoke about building a community that fits within the community of Franklin Lakes, and stated this plan doesn't. Mr. Del Vecchio stated this concept is not proposing to change any ingress or egress plans for the property, all buildings are code compliant and will have elevators when required, and there is not currently part of the MOU to add donation to schools. Jeremey Liebhoff, 472 Packer Avenue, asked about Mt. Laurel, gave a scenario of schools overflowing, and wants to know if Mt. Laurel ever takes into consideration those conditions, the possible need to redistrict, and specific questions regarding the purchase of the property and inquired about a traffic study. He discussed commercial and residential properties under Mt. Laurel. Mr. Edwards stated that no part of the doctrine is to provide access to schools. He spoke about the downward trend of K-8 students over the last few years, approximate number of children to be roughly 200 children, and confirmed redistricting may be needed. Mr. Del Vecchio responded he cannot discuss what has been negotiated and stated a traffic study hasn't been done, nor has the approximate population been determined. Anna Marchuk, 183 Woodside Avenue, spoke about increase of population, emergency services, increase in taxes, vacancy rate of 3,600 units and how they plan to fill them. She questioned wildlife studies and the fact that no one has answers to most of her questions. George Fusiek discussed the total number of units and number of residents. He asked if this type of project has been done before and how many resident came into the community, asked how we address needs (Police, Emergency Services) if we don't know number of people coming in. Mr. Del Vecchio responded he can't determine a number based on prior experience. Mayor Kahwaty reminded the audience that things will be considered as time goes on, and this is a concept plan. Ms. Friedman asked when the town is taking a vote on this. Mayor Kahwaty stated this hasn't been determined as yet, as information is still be gathered. Bob Jaekel, 532 Shirley Avenue, addressed friends from Wyckoff. He stated a situation arose about comments made, and he wanted to make it clear that Franklin Lakes is not being a racist Special Joint Meeting of the Mayor& Council and Planning Board Page S February 1, 2023 Minutes town. He agreed with Mr. McBride to build a development for fifty five and over versus low income units where there will add 200-400 kids to the district. Mr. Shayne stated Mayor Kahwaty is doing a good job. He stated everyone in the room believes this is a huge issue and decisions should be made by everyone and if you believe in democracy and citizens, then everyone should get a vote. Rick Capozzi, 193 Woodside Avenue, stated the developer comes `into our house" being very evasive and unclear about important details. He stated the developer doesn't know our community, what's on our minds,the traffic,the schools,the Police, and why we moved to Franklin Lakes. He thanked the Shaynes for their presentations. He commented that the Council might give up, but the people will hire counsel and make Hekemian go away. Steve Holmgren, 702 Colonial Road, spoke about raising four kids and his service to boards, church, and coaching. He stated he noticed that the majority of questions posed were not answered. He quoted Karl Marx and stated when government officials rezone and redistribute land, they also redistribute his rights. He stated that he hopes the Council sees this is totally wrong; it is a tyrannical government forcing upon people what is not fair. Michael Columbo, Blue Hill Terrace, asked when we will have environmental impact statement, what guarantee there is that this will not affect children, asked about asbestos removal, stated storm water will be an issue, and expressed concerns about removal of Freon and safety of oil tanks and generators currently on the property. Mayor Kahwaty stated that he was told asbestos has been abated or remediated. Mr. Edwards stated that if approved, the site plan application would require the impact study, and when an application for development is submitted, notices will be sent to neighbors within 200' of property. Mayor Kahwaty stated that given the importance of this application, this information will be widely disseminated. Bob Salerno, 854 Old Mill Road, discussed living in Ridgewood and the Valley Hospital expansion fought by Ridgewood's attorneys and it was not built. He addressed Mr. Shayne and said if he needs any help, to reach out to him and he asked the audience to assist as well. Bill Carey, future resident of 106 Birch Road, expressed disappointment not hearing from Council. He asked each member to address a concern. Councilman Lambrix responded that nobody up here wants this project. He stated it's been a long struggle to get where we are. This is a tough issue and the town almost has to gamble that turning this deal down will produce a different deal. No decision has been made, but the public's comments are helpful to the Council in making a decision. Councilmember Cardenas stated the Mt. Laurel decision is completely unconstitutional and is socialism. She stated this is communism handed down to us by Mt. Laurel, it is never a good time to fight a revolution. She stated this is her own opinion and not that of the Council. Special Joint Meeting of the Mayor& Council and Planning Board Page 6 February 1, 2023 Minutes Councilmember Ansh responded he is providing his opinion, not that of the Council. He stated he feels there are many questions that have not been answered and agrees with Councilmember Cardenas. He has the same concerns as the citizens. Mr. Carey stated hopefully the rest of Council feels the same way. Councilmember Sheppard, stated he is a developer by vocation. He stated that learning about Mt. Laurel is a steep curve. He is uncomfortable with the impact on schools,traffic, environmental issues, and feels that this project is not required as there are many unrented places in town already. Councilmember Kelly discussed why she moved to Franklin Lakes. She stated this decision is probably the most important any town council has made. She has a lot of the same concerns; schools, traffic, public services, emergency services, etc. She stated at this point she would be willing to roll the dice. Mayor Kahwaty stated we have not been given enough information about the PILOT and it will be provided. He discussed elevators and other needs. He stated Mount Laurel is a mandate and the only solution is to change it via executive legislation, and maybe the court. This is a long term doctrine which even limits our right to appeal. Mr. Carey stated the numbers matter and hasn't gotten any that make sense. He asked what is the number we are risking if this goes to court; what other projects have PILOT, and asked for the apartments to be struck from plan. Mr. Edwards stated this is a discussion in settlement negotiations. He talked about cases and variable density. He stated if we litigated we would argue a low number and the developer would argue a high number, like 2,500. He stated McCoy Road has a PILOT and this program is used prevalently in New Jersey. Discussion ensued on criteria where it was designed to develop blighted areas. Darrel Jackson, 303 Gatewood Drive, stated he is a lifelong resident who went to school on Woodside Avenue and worked for the McBride family. If it has to be developed, he stated it should reflect the community. People are leaving New Jersey and there is not the same need for housing, this is making it less attractive to those who live here. Tim Shanley, Wyckoff, stated he doesn't envy the Mayor and Council having to deal with this problem. In Wyckoff, there was open space funds used to buy twenty acres. He suggested obtaining open space funds and stated he learned tonight that we don't have enough information. David May, Council President Mahwah, stated he is also watching this project and is concerned with egress on the Mahwah side. Mahwah's Emergency services cover a lot of Franklin Lakes EMS calls, which will balloon if this moves forward. He inquired if this site is part of the Affordable Housing settlement. Mr. Edwards stated he cannot answer questions that may affect negotiations. Special Joint Meeting of the Mayor& Council and Planning Board Page 7 February 1, 2023 Minutes Christine Christopoul, 392 Saddle Back Road, stated she does not have any animosity toward Hekemian,but it is very clear that residents are against this. She asked why are the needs of people who don't live here yet trumping needs of those who do. Rob Santinello, 976 Valley Road, stated he has a new five month old and will be here a long time. He stated Mr. Hekemian is a resident and on the Planning Board in his own town. Rich Malazzo, 35 Spring Wolf Trail, stated it's clear people don't want to build what is proposed. He asked a few questions regarding density, profitability, MOU, and stated the `Trojan horse' is taxes and sewage. Robert Ritter, 18 Columbia Turnpike, stated he is an attorney from Florham Park who wishes to address the citizen who spoke about Allendale and the connection between Peter Hekemian and Robert & David Hekemian. He established that they are cousins and Robert and David have no connection to SHG or this project. He stated that Mr. Shayne and the Councilmembers have all been fantastic and he has faith in them. He asked Mr. Edwards about the number of people to expect, based on units and if there is a formula to determine this. It is his opinion that the Council should fight it and go to court. Dean Meletz, 403 Dogwood Trail, spoke of the low income housing in Yonkers growing up. He stated many people moved out and he would hate to see that happen here. He stated he feels the developers have strong armed their way into the community. Christine DeVincent, 205 Woodside, spoke about the dates in the MOU. Mayor Kahwaty stated that the dates in the MOU are the Borough's intent; however, Hekemian has to produce documents and it is not binding on either party. Mr. Zito, Dakota Trail, stated he has a small group that represents 700-800 people with great resources and he proposes that the people and Council work together to get on same page to get the best solution for residents. He stated that Mayor Kahwaty is trying to do all the right things. Mr. McBride stated traffic, school, and environmental studies should be done before these properties are zoned and should do what is good for Franklin Lakes. Mr. Holmgren stated it is still unclear on dates. Mayor Kahwaty stated he will get the MOU out to the residents as soon as possible. Mr. Donio requested the public have a full analysis of tax impact. He stated that at the last meeting it was apparent to him that it was the builder's best and last offer. He stated the developer doesn't care about town and will build 2,500 units. Crystal Chow, 759 Michele Court, stated everyone is here to support the Mayor and Council in making the right decision. She explained why she moved to Franklin Lakes, stated she loves this community, feels the town is very generous and diverse and she wants it to remain the same. Special Joint Meeting of the Mayor& Council and Planning Board Page 8 February 1, 2023 Minutes Elisa Billis, 705 Knollwood Road, stated she is speaking on behalf of herself and not the school system. She asked questions regarding the Affordable Housing program and asked the Mayor and Council to vote no on this project. She spoke about the building and stated it would be surprising if it was an area in need of redevelopment since it was redone in 2019. She discussed impact on children, especially those in Special Education, the risk to students, capacity and class sizes. Scott Loia, 758 Michele Court, talked about soft landings and stated the town needs to fight. He stated this entire design and plan is an abomination and spoke about Judge Farrington. He asked about dates and the tax burden on residents. Mr. Edwards stated it is inappropriate for the Council to make any comments concerning the judge. Mr. Edwards stated he expects to have final documents soon. Mr. McBride stated that a lot of good questions were raised tonight. He reiterated that we need studies, and impact on retail community, and stated we don't need a supermarket. He stated IBM and BD have been good neighbors. Laurie Burnette, 746 Lawlins Road, inquired of Mr. Comitto if the hook and ladder truck can handle a four story building. Ms. Burnette asked about height. She stated she doesn't see how the PILOT program is a benefit and asked why not build on McCoy. Mr. Comitto stated he would need to look at it from a code and safety perspective noting he has just received the plan. Mr. Edwards responded that it is cost prohibitive to build on McCoy. Craig Spring, 673 Peachtree Lane, asked about the expected timeline on construction. He stated he hopes the town considers business factors that go into this from the developers' perspective regarding the PILOT program. He stated if we go to court and lose then we would have to put 2,500 units in and pay taxes on them, in addition to the legal ramifications that may have a different outcome if the town decides to go to court. Mr. Hekemian stated construction would take 24 months. Michael Mitarotonda, 710 Smoke Hollow Trail, asked for the developer to show his hands. He mentioned that he works for a developer and would need to show up with a traffic study and be prepared when presenting. He stated it's the wrong project in the wrong part of town at wrong time. He spoke about school impact and potentially 600 kids in school systems and 1,500-1,800 people additional to town, and about retail, residential, and overnight traffic. Motion by Council to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Motion by Planning Board to close the time for public comment was made by Mr. Ochs, seconded by Mr. Adams. On voice vote, all in favor. Special Joint Meeting of the Mayor& Council and Planning Board Page 9 February 1, 2023 Minutes Adiournment Motion by Council to adjourn the meeting was made at 10:31 PM by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Motion by Planning Board to adjourn the meeting was made at 10:31 PM by Mr. Ochs, seconded by Mr. Adams. On voice vote, all in favor. Respectfully submitted, ai M. Rulli, Borough Clerk