HomeMy Public PortalAbout2023-03-29 Special Meeting Minutes Mayor & Council Special Meeting
March 29, 2023
Franklin Avenue Middle School Multipurpose Room—7 PM
Meeting Called to Order
Roll Call
The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty,
Councilmember Ansh, Council President Bonagura, Councilmember Cardenas, Councilmember
Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart,
Borough Attorney Smith, Affordable Housing Attorney Michael Edwards, Borough Planner
Elizabeth McManus and Borough Clerk Rulli.
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 spoke briefly and introduced the presenters.
Presentation by Developer of Cigna Property
Mr. Del Vecchio, attorney for Hekemian, spoke about the revised concept plan. He indicated there
would be a reduction in the number of stories, as well as a height reduction. The maximum number
of residential units are not to exceed 250. There will be retail space, no PILOT, and a donation of
approximately 3.5 acres of land to the Borough to be used for Affordable Housing. There will be
a repurposing of the commercial site to warehouse buildings where the office buildings now stand.
There will be parking below.
Bruce Englebaugh, Minno & Wasko, discussed the differences between the new and the previous
proposals. He outlined items that did not change.
Mr. Edwards gave a general overview of his previous presentation on Mount Laurel. He
recommended the Borough accept this proposed agreement.
Ms. McManus commented on concerns with the first concept plan, including the impact on
schools, emergency services, and tax revenue. She stated that this settlement addressed those
concerns. She is pleased to see proper limitations set on the intensity of the site, bulk controls and
standards. This settlement is significant and can allow the Borough to move ahead with Affordable
Housing.
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Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly,
seconded by Councilmember Lambrix. On voice vote, all in favor.
Brian Rand, 707 King Road, asked who is building and paying for the 55 affordable housing units.
He asked about type of use. Industrial use presents less traffic than multifamily, but 18 wheelers
will have an impact in other ways. He spoke about appreciating this as a better plan but suggested
maybe replace the residential component with additional retail.
Mr. Edwards responded that the town cannot restrict certain types of warehousing. Ms. McManus
noted his concerns, spoke about property size and bulk standards to regulate.
Dave Mastrofilipo, 331 Lenapi Drive, spoke about situations in Paramus and Wanaque and
concerns such as noise. He suggested if this moves forward LED lighting will impact surrounding
properties, as will the hours of operation. He questioned if this can be limited by blue law type
restrictions, and requested that noise be reduced with sound barriers.
Noah Zakim, 846 Scioto Drive, commented the affordable housing obligation never stops. The
location of this property and the layout of town are not conducive. There will be more objections.
Laurie Burnette, 746 Lawlins Road, asked if this goes to the Planning Board for redevelopment
and expressed concerns over height, type of business, hours, and a traffic study.
Mr. Edwards stated this would be a zoning ordinance and briefly explained the process.
Ms. McManus stated that if the Council approves the plan it will be subject to zoning ordinances
and stated it is the developer's responsibility to do the traffic study.
Joseph Pullaro, 886 Iron Latch Road, stated he is a long term resident and member of the Planning
Board. He stated he is speaking personally, and discussed the impact on Old Mill residents.
Ms. McManus stated the Planning Board will have the opportunity to review the plan but does not
have the right to determine type of use. Town ordinances will apply to the new development.
Morgan Friedman, 305 Haven Road, referenced the $500,000 for infrastructure and what the cost
to the town will be. She stated it sounds like we have very little control once it is adopted and
feels the Council should do as much as possible for the residents surrounding this property.
Borough Attorney Smith stated we don't know. The developer will be required to pay their share
of impact. Mr. Edwards spoke about requesting setbacks and stated the standards will be in the
zoning ordinances. Mayor Kahwaty spoke about hoping to be able to rent these units and stated
her point is well taken.
Sue Barbuto, 1 Deer Trail, spoke about swales for drainage,new developments coming in and their
impact on the land and resources. As a former member of the Environmental Committee, she wants
an independent environmental impact study performed. She listed additional options and concerns
about the current buildings being repurposed and the impact the actual construction will have.
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Marianne Krantz, 833 Stonewall Court, stated at first she was thrilled to hear that the number of
residents had been reduced; however, now feels the idea of these trucks is devastating. She spoke
about the town trails,pickle ball courts, speed limit, and pollution of 371 trucks,the dog park, and
walking on Old Mill Road, and stated she would choose residential units over warehouse.
Bob Salerno, 854 Old Mill Road, questioned the weight limit on Old Mill Road and how tractor
trailers will get in. He stated the Council is being very irresponsible by giving the developer carte
blanche to use property as they see fit.
Ms. McManus stated that would be addressed at the time of the site plan.
Joe Barbuto, 1 Deer Trail, asked if part of Old Mill Road is part of the Green Acres property.
Mr. Smith stated Old Mill Road is not covered by Green Acres and its use is not restricted.
Steven Kim, 227 Mable Ann Avenue, asked if they are planning to build this warehouse on
speculation or do they have tenant in mind.
Mayor Kahwaty stated he doesn't have that information. Mr. Smith added that is something we
don't have control over. Mr. Del Vecchio stated the S Hekemian Group has successfully developed
warehouse space previously.
Andrew Haas, 237 Green Ridge Road, addressed the weight limit and asked if the Council will
accommodate a change, and why a limit was set. He stated that a warehouse in the middle of a
residential area is the poorest planning he has ever seen.
Mr. Smith stated the developer would have to request the weight change, and at that time the
Council would review and decide. Mr. Edwards added that the developer would be responsible for
costs.
Mayor Kahwaty stated there is no perfect agreement and we all have the same concerns and don't
want it. He stated he would like this to have as little impact as possible.
Mr. Edwards stated if you have 88 acres and someone wanted to put 2,600 units on that property,
zoning means nothing when Affordable Housing is mentioned. In this case, by putting in
warehouses the other housing units were able to be negotiated down to 250.
Michelle Crowe Paz, Mahwah Council Member, stated that on original agreement it mentioned
federal use and asked if this was taken off the table.
Mr. Edwards stated the potential is still there. Mayor Kahwaty reminded the residents because of
confidentiality agreements it can't be discussed.
Noah Zakim, 846 Scioto Drive, asked about a zoning agreement and stated putting in 2500 units
would be financial suicide for developer.
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Ari Donio, 501 Kings Pointe Trail, spoke about Mr. Hekemian living in California in an area that
is protected from Affordable Housing and that the traffic study is a joke. He stated Mr. Hekemian
should want people to remember him for a person who made Franklin Lakes a better place, not a
worse one.
Timothy Shanley, Wyckoff, stated he lives on the border. He asked if when negotiating, if it ever
came up for 55 and over senior housing. He stated residents don't want trucks coming down into
Wyckoff, Mahwah, and Ramsey.
Mr. Edwards stated it is inappropriate to discuss negotiations. Mayor Kahwaty stated that this
settlement was negotiated for a year and half and many strategies were discussed.
Rick Capozzi, 193 Woodside Avenue, stated he is concerned about the trucks and weight limit.
The developer, who loves capitalism, should put themselves in the place of those people who live
near the site. He stated this is not a good option.
Loria Russo, 303 Lenapi Lane, stated she loves where she lives. It's a wonderful little community.
She stated this will be a nightmare and can see Police having to put up speedometers for areas in
25 MPH speed limit zone. She didn't like the other plan, but would rather have that than this.
Carol Kurlander, 269 Edgewood Road, noted that she previously lived at 809 Old Mill Road and
spoke about walking near Medco and the truck noise. The traffic made it difficult getting out of
driveway and her solution was to move. She stated she thinks this is a stupid idea.
Michael Giaccone, 306 Waterview Drive, spoke about noise pollution and hearing beeping when
trucks back up from up to 2 miles away. You don't get used to it.
Stephen Sciancalepore, stated he can't imagine this place being built and thinks the plan stinks.
He doesn't think it's proper to keep people from moving in.
Rich Milazzo, 35 Spring Wolf Trail, thanked the Mayor and Council for their hard work on this
process. He stated Hekemian has addressed the density and walked away from the PILOT. His
concern now is mainly hearing trucks.
Tracy Haas, 237 Green Ridge Road, cited statistics on the number of trucks. She noted the dog
park, tennis courts, and other homes back up to it. Franklin Lakes is not set up for this and
expressed concern that if the Borough agrees to this,the developer can do whatever they want and
we lose a say in the matter.
Mayor Kahwaty stated that his expectation is they will no longer negotiate and would go to court
at this juncture. He stated that if the Borough loses, they will have even less say on anything.
Mr. Matarese asked Mayor Kahwaty if it was accurate to say that if not for Mt. Laurel,we wouldn't
have this issue. He feels that Mt. Laurel is unconstitutional and this is wrong. It is his opinion that
the Council is shirking its responsibilities if it moves forward with this settlement. He is very
against this and stated there is no right way to do the wrong thing.
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Jane Pullaro, 886 Iron Latch Road, commented that it's her opinion that Hekemian sounded
"commercial". IBM was a light industrial area and this is an entirely different development which
will impact the lives of everyone in town. The Council is responsible for making this decision and
have to be realistic, no one wants this. She asked that Mr. Hekemian, the Borough, and the
residents work together.
Michael Esposito, 9 Millbrook Lane, stated he is raising 5 children in town and spoke about
growing up in Brooklyn near a trucking company. He inquired about the current Ordinance
concerning trucks coming through on weekends, after hours, etc. He stated he has heard common
sense from the residents and thinks further negotiations are required. He is appalled.
Mayor Kahwaty stated there are currently no restrictions.
Steve Holmgren, 702 Colonial Road, stated he lives near the McCoy property. He stated he can't
put an addition on, make septic changes or even remove a tree without permits, but that seems to
not apply to the developer. He stated it is disgusting and he totally disapproves.
Anna Marchuk, 183 Woodside Avenue, asked about trucks and the different designations of use.
She asked about filing a lawsuit.
Mr. Edwards stated he cannot discuss specific negotiations and noted that many of the residents'
concerns were raised and this is what the developer accepted. Mayor Kahwaty reiterated that it
would be inappropriate to discuss negotiations. Mr. Smith commented that he cannot offer legal
advice, she would need to hire an attorney.
Ellen Stickna, 642 Ewing Avenue, stated this is devastating to people that live near the area
because truck traffic will destroy their property and way of life. She said that she appreciates all
negotiations that went on before but warehouses are monstrous.
Edward Kim, 760 Aspen Way, stated kids go to Woodside and she is concerned about introducing
workers and heavy traffic into the neighborhood. She inquired about security and Police near the
area to protect the kids.
Mayor Kahwaty assured residents the need will be met.
Dean Ellis, 143 Dogwood Trail, stated it hurts to see this side versus that side situation and all of
Franklin Lakes is in this fight together. Mt. Laurel is abused by developers. He stated we are the
War Eagles and asked what we tell our children about what we decided.
Motion to close the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Lambrix. On voice vote, all in favor.
Resolution Approving Settlement Agreement
Council President Bonagura made a motion to introduce and discuss the resolution, seconded by
Councilmember Lambrix.
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Roll Call Vote:
Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard
Nays:
Abstain:
Absent:
Motion Approved
Council President Bonagura stated a lot of great questions were raised and asked if the developer
or attorney would like to address any of the questions.
Mr. Del Vecchio stated he can't bring much detail without breaching confidentiality of the
settlement. Regarding truck traffic, he stated the truck number refers to trip generation numbers
and does not represent the number of trucks. All options are open on nature of use of the
warehouse. In terms of housing, the plan is for multifamily rentals. He spoke about the number
of housing units and the use of screening as a buffer. A lot of thought went into minimizing
residents' concerns and may be able to do even better once they begin discussing engineering.
Borough Attorney Smith asked if any member of the Council had questions for the developer.
Councilmember Lambrix stated that while we have been in negotiations for a very long time and
covered a lot of issues, he wondered if they can try one more time to negotiate which might satisfy
some concerns expressed tonight.
Councilmember Lambrix moved to amend the motion and table the resolution; seconded by
Councilmember Kelly.
Following some discussion, Borough Attorney Smith clarified that the motion is to table the
pending resolution, discuss at some time in the future, and in effect end the meeting.
Council President Bonagura commented this is one of the toughest and biggest decisions he has
had to make. He spoke about his time in town and the changes. He agreed it is unconstitutional
what is being demanded by the State. He spoke about trying everything in his power to make a
change, and expressed concerns about going to court. He stated we will not win and it will get
dictated to us something we don't want 100% and spoke about ending up with numbers larger than
original proposal. The problem is we don't get out to vote to change these rules and laws, and we
have to change assembly, senate, and governor but that is going to take years. He believes what
is on the table is the better of all the decisions before us. The developer is not open to further
negotiation.
Councilmember Ansh stated he agreed with a lot of what Council President Bonagura said. He is
not happy about making this decision and is against over development in town. This is not a
Franklin Lakes problem, but a NJ problem. He stated most everyone he knows is against this large
scale development. He stated he has to weigh responsibilities as Councilmember and if we go to
court it will open us to a lawsuit, high legal fees, and likely more residential units than we have
now. He stated neither side is getting what they want, but have come to some terms we can agree
upon. He stated the Council must weigh responsibility to residents. He stated a no vote is a risk
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he doesn't want to expose the town to. He talked about Old Mill Road court issues and stated he
reluctantly agrees to not table the resolution.
Councilmember Kelly spoke about the proposed 495,000 square foot warehouse being more than
double what is currently there. She asked how you make a deal without knowing so much. She
believes the traffic impact will be disastrous to the town, spoke about noise, air pollution,the wear
and tear on roads, and trucks. She stated the warehouse is too big and if she were to vote today,
she would say no.
Councilmember Sheppard spoke about being presented with problems that are bad and some that
are worse and feels we are in that situation now. He stated the residents' comments and concerns
were heard and addressed over the past months. If we go to court and the builder prevails a special
master will be appointed who does not have to abide by our zoning or rules as written today. He
stated he does not believe we will get 2,500 units but 1,200 to 1,500 is a very real possibility. The
problem is laws are dictated by Trenton, and doesn't believe putting this off is worth the
risk/reward.
Mayor Kahwaty stated he cannot imagine a more difficult decision to make and cannot explain
how hard we have worked to affect a solution with this. He stated if you are dealing with anyone
other than a developer, you have tools; however, the courts have taken all of that away from us
and no municipality has won in this state. He stated he truly believes this is an unconstitutional
doctrine and because our voters have chosen this form of government,we are now in this particular
position. If this matter were to go to court, the property will be eviscerated. He spoke about the
courts being in favor of the builder and not the quality of life in Franklin Lakes. He stated we try
to cut best deal with can. He stated the truck issues are terrible and stated there is a hope of a
possibility that may address many of these concerns. He stated there is no guarantee of any kind,
and we need to accept the worst case scenario. He stated this is as good a deal as we have seen.
Roll Call Vote:
Ayes: Cardenas, Kelly, Lambrix
Nays: Ansh, Bonagura, Sheppard, Kahwaty
Abstain:
Absent:
Motion Failed
Borough Attorney Smith stated the resolution failed and at this time the Council should vote on
approving or disapproving the resolution on the agenda.
The resolution was read and introduced by Council President Bonagura, seconded by
Councilmember Sheppard.
Resolution 112-23 RESOLUTION OF THE COUNCIL OF THE BOROUGH OF
FRANKLIN LAKES AUTHORIZING THE EXECUTION OF A SETTLEMENT
AGREEMENT WITH SHG FRANKLIN LAKES, LLC
WHEREAS, pursuant to In re N.J.A.C. 5:96 and 5:97, 221 N.J. 1 (2015) (Mount Laurel
IV), on July 2, 2015,the Borough of Franklin Lakes (hereinafter"Franklin Lakes Borough" or the
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"Borough") filed a Declaratory Judgment Complaint in Superior Court, Law Division seeking,
among other things, a judicial declaration that its Housing Element and Fair Share Plan(hereinafter
"Fair Share Plan"), to be amended as necessary, satisfies its "fair share" of the regional need for
low and moderate income housing pursuant to the "Mount Laurel doctrine;" and
WHEREAS, the Borough simultaneously sought, and ultimately secured, a protective
order providing Franklin Lakes Borough immunity from all exclusionary zoning lawsuits while it
pursues approval of its Fair Share Plan; and
WHEREAS,that process ultimately led to the issuance of a Judgement of Compliance and
Repose ("JOR"), which provided the Borough immunity from builder's remedy litigation and
which approved the Borough's Round 3 Housing Element and Fair Share Plan ("HEFSP"); and
WHEREAS, and the Borough's Round 3 HEFSP was predicated upon a Vacant Land
Adjustment, which resulted in an unmet need of 727; and
WHEREAS, the Borough's HEFSP included measures for unmet need, which are now
court-approved relative to Round 3; and
WHEREAS, one of those measures was a "Mandatory Set-Aside Ordinance", which
required the Borough to obtain a set aside in the event of a rezoning for multifamily uses; and
WHEREAS, the Borough and SHG Franklin Lakes, LLC ("SHG") have agreed to a
settlement agreement in the context of the Borough's Round 3 and/or Round 4 plan which
addresses unmet need through zoning for multifamily housing with an affordable housing set aside
and which provides land for the production of a 100% affordable project to replace the "McCoy
Road" site; and
WHEREAS, the Borough and SHG also agreed to present the Settlement Agreement to
the Trial Judge for approval at a duly-noticed Mount Laurel Fairness Hearing; and
WHEREAS, although there is a well-established policy favoring the settlement of all
forms of litigation, the settlement of Mount Laurel litigation is particularly favored because (1) it
avoids the expenditure of finite public resources; and(2) expedites the construction of safe, decent
housing for the region's low- and moderate-income households; and
WHEREAS, in light of the above,the Mayor and Council finds that it is in the best interest
of Franklin Lakes Borough to execute the attached Settlement Agreement with SHG and to take
various other actions delineated below to maintain the Borough's immunity from all Mount Laurel
lawsuits for the ten-year period set forth in the New Jersey Fair Housing Act, N.J.S.A. 52:27D-
301 to 329.
NOW, THEREFORE, BE IT RESOLVED on this 291h day of March 2023, by the
Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, as follows:
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1. The Mayor and Council hereby authorizes the Mayor of the Borough of Franklin
Lakes to execute the Settlement Agreement attached hereto as Exhibit A, as may be subject to de
minimus changes by the Borough's affordable housing counsel.
2. The Borough hereby directs its Affordable Housing Counsel to (a) file the fully
executed Settlement Agreement with the Court for review and approval at a duly noticed Fairness
Hearing, (b)take all actions reasonable and necessary to secure an Order approving the Settlement
Agreement.
Discussion — Councilmember Cardenas stated she will take her final breath in awe and gratitude
for the men who gave her freedom and this is not freedom.
Councilmember Lambrix stated he prepared some comments for this evening but many of the
points were already made. He spoke of time living in town, and stated we have been given
"Sophie's Choice" of bad alternatives and have to pick one. He spoke about the last two meetings
and while the new proposal addresses some of the concerns of the first proposal, it introduces new
concerns. He stated there are unknown factors and feels the impact of a warehouse is too much.
Councilmember Sheppard spoke about feeling solace in the 250 luxury units, stating he can't
imagine building a warehouse that would jeopardize those units and we must now make a choice.
Mayor Kahwaty stated he has the hope, but not the expectation, that this scenario will improve.
He stated the worst case scenario is truly going to court and the impact on taxes and infrastructure,
and therefore, votes yes.
Roll Call Vote:
Ayes: Ansh, Bonagura, Sheppard, Kahwaty
Nays: Cardenas, Kelly, Lambrix
Abstain:
Absent:
Motion Approved
Adiournment
Motion to adjourn the meeting was made at 9:53 PM by Councilmember Lambrix, seconded by
Councilmember Kelly. On voice vote, all in favor.
Respectfully submitted,
a M. Rulli, Borough Clerk