HomeMy Public PortalAbout2023-08-24 Special Meeting Minutes BOROUGH OF FRANKLIN LAKES
Special Meeting of the Mayor and Council
August 24, 2023 - 7 PM
Franklin Avenue Middle School
Multipurpose Room
755 Franklin Avenue, Franklin Lakes
A special meeting of the Mayor and Council was held at 7:00 PM on August 24, 2023 in the
Franklin Avenue Middle School Multipurpose Room.
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 Edwards, Borough Planner McManus and
Borough Clerk Rulli.
Sunshine Law Statement:
The Borough Clerk read the Sunshine Law Statement: In compliance with the Open Public
Meetings Law, notification of this meeting has been sent to our official newspapers, notice has
been posted on the Borough website and on the Bulletin Board at Borough Hall.
Flat Salute
Moment of Silent Appreciation to Our Veterans
Introductory Remarks by Mayor Charles J. X. Kahwatv
Mayor Kahwaty summarized the agreements and discussed the Mt. Laurel doctrine,then requested
that Ms. McManus and Mr. Edwards speak.
Ms. McManus gave an overview of the Cigna property. She stated the revised agreement with
SHG shows two options that will be up to the developer after settlement to decide. She proceeded
to give in detail the breakdowns of housing and retail space. She stated the Mayor and Council
will need to consider these agreements and have them approved at a Fairness Hearing. They will
then consider new zoning ordinances and the selection of a developer to build the 65 units owned
by the Borough. Mr. Edwards had nothing to add.
Time for Public Comment
Motion to open the time for public comment was made by Councilmember Kelly, seconded by
Councilmember Sheppard. On voice vote, all in favor.
Special Meeting of the Mayor and Council Page 2
August 24, 2023 Minutes
Michael Guttuso, 168 Birch Road, stated he appreciates the opportunity to address the Council.
He stated he is encouraged by the developments of the last month; however, there are still too
many unanswered questions. Mr. Guttuso stated the Council does not have enough information to
move forward, or if they do, they have not shared it with the public.
Borough Attorney Smith stated the definitions in the agreement are very specific and gave
examples. Mr. Edwards added that storage of hazardous materials was also excluded.
Ms. McManus stated it is not unusual in the rezoning of properties to lack a concept plan. The
first plans shown were illustrative examples of what could be developed. She stated that reports,
such as environmental impact reports, must be submitted to the Planning Board,just like any other
developer.
Noah Zakim, 846 Scioto Drive, discussed the site plan, wells, air pollution, trucks, and the
opportunity of residents to file a complaint against the town. He questioned how this fit in with
Fair Share. He stated he strongly supports the referendum on the ballot.
Ms. McManus reiterated that this agreement does not have any broad provisions waiving any of
Franklin Lakes' Zoning standards. Mr. Smith stated Franklin Lakes has a very strong Planning
Board and it will not be swayed by a developer.
Mr. Edwards stated that if the agreement is approved, an Ordinance would need to go to the
Planning Board and before the public. He spoke about COAH, and stated Franklin Lakes joined
the lawsuit against COAH with the group of municipalities involved in the suit.
Michael Columbo, 485 Blue Hill Terrace,reference a letter he submitted to the Mayor and Council
and strongly encouraged them to hold the developer to the items listed in his letter, specifically the
environmental requirements. Ms. McManus stated there is no reason to believe an environmental
impact statement won't be submitted.
Laurie Burnette, 746 Lawlins Road, asked about the breakdown of the housing and height
limitations. Ms. McManus stated the first option was 495 multi-family units, the second option
was 250 multi-family units; with the expectation they will be rented out by the developer while
others will belong to the Borough as Fair Housing units, which will also be rental. For height,the
buildings cannot be more than 3 stories plus a level of parking below.
Gerard Friscia, 678 Glendale Avenue, asked about senior and special needs housing, educational
use, immigration and the responsibility of the Planning Board.
Mr. Edwards explained allocation. Mayor Kahwaty stated it is impossible to determine anything
at this juncture.
Joe Barbuto, 1 Deer Trail, stated he thinks the agreement is very vague. Is it Federal use or not?
Why would you agree without having options clarified? He inquired who is responsible for the
environmental and traffic impact studies.
Special Meeting of the Mayor and Council Page 3
August 24, 2023 Minutes
Mayor Kahwaty responded that this could have been upward of 2,000 units and that substantial
concessions have been received from the developer. Mr. Edwards stated that if we had to remove
an option it would be federal use and that would result in more housing. Mr. Edwards stated the
developer submits the studies and then the Borough Planner and Engineer review them to
determine if the studies were conducted properly. Mr. Smith added that the Planning Board can
ask for an independent study.
Andy Haas, 237 Green Ridge Road, discussed density and commented on how many acres were
allocated to the 70,000 feet of office-retail space. He stated the height and weight limit on Old Mill
Road should be taken into consideration and discussed truck traffic on Old Mill Road and
reasonable access options.
Ms. McManus stated the areas may overlap and without additional information, she is unable to
calculate. The height is limited to 50'. Mr. Edwards stated if any improvements are necessary the
developer would be responsible.
Tim Shanley, 565 Burritt Place, Wyckoff, expressed concerns on ingress and egress as it affects
Wyckoff. Mr. Smith stated the normal process will apply, the site plan would come in when this
is submitted to the Planning Board.
Sharif Elfar, 917 Marie Court, questioned if these numbers satisfy the Affordable Housing
obligation. Mr. Edwards stated the obligation has been met at this point. Mr. Smith outlined it is
currently satisfied but can change in the future to require more.
Joe Pullaro, 886 Iron Latch Road, stated he is a long term member of the Planning Board. He
stated that it seems Fair Housing is satisfied with both options and asked if there was any talk of
using the existing buildings. Mr. Smith stated that Hekemian's preference is to demolish.
Anthony Molino, 513 Summit Avenue, thanked the Mayor and Council for their hard work. He
asked if a convenience store could be built and asked about gas stations. Mr. Smith stated the only
commercial use is retail use. Ms. McManus stated a gas station or vehicle service station is not
allowed.
Susan Barbuto, 1 Deer Trail, stated she is located behind parking lot 10 of the Cigna property. She
stated her concerns include Reed Academy near Parsons Pond which serves autistic children and
large parking lots that cause impervious surface and can greatly affect water distribution to the
surrounding properties. She stated the Mayor and Council don't have enough answers to vote
tonight.
Ms. McManus stated the State implemented new stormwater management requirements that the
developer will be required to follow.
Tracy Haas, 237 Green Ridge Road, asked about Federal Use, stated she is concerned with what
goes in and out of such a facility and asked if it will be comparable to what goes into Rutherford's
Federal Reserve. Mr. Edwards stated we don't know and Ms. McManus stated she has not seen a
traffic study for that facility.
Special Meeting of the Mayor and Council Page 4
August 24, 2023 Minutes
Maria Reis, 801 Winton Gate Lane, asked if the impact to Police, Ambulance Corps and schools
had been considered. Mr. Smith stated there is no way to know at this time and we are unable to
prevent development just because we don't want to incur additional costs. Mr. Edwards stated
offsite improvements would be paid for by the developer, there will be less school aged children
and the additional tax income would offset much of that.
John Mattarese, stated he has fundamental concerns and spoke about how
the Mount Laurel legislation is unfair, unconstitutional, and he feels the beginnings of socialism
and communism. He stated if this is passes tonight, the Mayor and Council will be violating their
oaths of office.
Ari Donio, 501 Kings Point Trail, stated he is speaking in his own capacity, not as a Board of
Education member. He spoke about the different changes the Borough has been through with
regard to the agreement and the change in the number of units. He asked if this is the best deal.
He discussed the Planning Board recommendations.
Mr. Edwards stated that this is a subjective matter. Mr. Smith stated they have negotiated for two
years, and feels this is the best deal that the Borough can accept now.
Motion to close the time for public comment was made by Councilmember Ansh, seconded by
Council President Bonagura. On voice vote, all in favor.
Consent Agenda Resolution 219-23
BE IT RESOLVED that the following resolutions, placed on this agenda by consent, require no
discussion and the same having been previously reviewed by each Governing Body member, be
and are hereby adopted in their entirety by the Mayor and Council of the Borough of
Franklin Lakes. Full text of all consent agenda resolutions can be found after the Adjournment.
Resolution 220-23 Authorize Execution of An Amended Settlement Agreement with
SHG Franklin Lakes, LLC
Resolution 221-23 Authorize Execution of An Amended Settlement Agreement with
Fair Share Housing Center
Councilmember Lambrix stated that he believes the Borough has contained this plan as best they
can. He discussed wanting the best for the town and regrettably feels the time has come to approve
this plan.
Councilmember Cardenas stated she is on the Council to be the voice of people. She stated no one
has asked her to vote yes and feels strongly that voting yes goes against the 14'h Amendment. She
cited the Constitution and stated the strain on the Borough is far less than the cost of the freedom.
Councilmember Kelly stated that she is happy the warehouses are off the table, but feels the
Federal use allowances are too broad and that 495 units is too many.
Special Meeting of the Mayor and Council Page 5
August 24, 2023 Minutes
Councilmember Sheppard reiterated Councilmember Lambrix's comments and stated that
decisions require comparing risk and reward. He spoke about threat of additional units and feels
that this is the best course of action.
Roll Call Vote:
Ayes: Ansh, Bonagura, Lambrix, Sheppard
Nays: Cardenas, Kelly
Abstain:
Absent:
Motion Carried
Adiournment
Motion to adjourn the meeting was made at 9:02 PM by Council President Bonagura, seconded by
Councilmember Ansh. On voice vote, all in favor.
Resolution 220-23
RESOLUTION OF THE COUNCIL OF THE BOROUGH OF FRANKLIN
LAKES AUTHORIZING THE EXECUTION OF AN AMENDED
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
"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 Judgment 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 and SHG Franklin Lakes, LLC ("SHG") entered into a
Settlement Agreement, which provided for the production of affordable housing, on or about
April 18, 2023 (the "SHG Settlement"); and,
WHEREAS, FSHC objected to the terms of the SHG Settlement, which resulted in
mediation between FSHC, the Borough and SHG; and
WHEREAS, the Borough and SHG have agreed to a proposed revised Settlement
Agreement("Amended SHG Settlement") in the context of the Borough's Round 3 and/or Round
4 plan which includes zoning for multifamily housing with an affordable housing set aside and
Special Meeting of the Mayor and Council Page 6
August 24, 2023 Minutes
which provides land for the production of a 100% affordable project to replace the "McCoy Road"
site; and,
WHEREAS, FSHC has expressed support for the Amended SHG Settlement; and,
WHEREAS, the Borough and SHG also agreed to present the Amended SHG Settlement
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 15th day of August 2023, by the
Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, as follows:
1. The Mayor and Council hereby authorizes the Mayor of the Borough of
Franklin Lakes to execute the Amended SHG Settlement 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 Amended SHG Settlement 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.
Resolution 221-23
RESOLUTION OF THE COUNCIL OF THE BOROUGH OF
FRANKLIN LAKES AUTHORIZING THE EXECUTION OF AN
AMENDED SETTLEMENT AGREEMENT WITH FAIR SHARE
HOUSING CENTER
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" or the
"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,
Special Meeting of the Mayor and Council Page 7
August 24, 2023 Minutes
WHEREAS, the Borough simultaneously sought, and ultimately secured, a protective
Order providing the Borough of Franklin Lakes immunity from all exclusionary zoning lawsuits
while it pursues approval of its Fair Share Plan; and,
WHEREAS, the Borough and FSHC entered into a settlement agreement on or about
October 5, 2018 ("the 2018 Agreement"), which determined the Borough's Round 3 obligations
and compliance therewith; and,
WHEREAS,the 2018 Agreement calculated the Borough's Prior Round obligation as 358
and its Round 3 obligation, after application of the 20% cap, as 709; and,
WHEREAS, the 2018 Agreement was predicated upon a Vacant Land Adjustment, which
adjusted the Borough's cumulative prior round and Round 3 obligation to an RDP of 340, which
resulted in an unmet need of 727; and,
WHEREAS, the 2018 Agreement was approved after a duly-noticed fairness hearing and
served as the foundation of the Borough's approved Round 3 Housing Element and Fair Share
Plan ("HEFSP"); and,
WHEREAS, that process ultimately led to the issuance of a Judgment of Compliance and
Repose ("JOR"), which provided the Borough immunity from builder's remedy litigation and
which approved the Borough's Round 3 HEFSP; and,
WHEREAS, on or about April 18, 2023 and subsequent to the entry of the JOR, the
Borough and SHG Franklin Lakes, LLC ("SHG") entered into a settlement agreement, which
provided for the production of affordable housing at the site commonly referred to as the Cigna
Site or the SHG Site (the "SHG Settlement"); and,
WHEREAS, FSHC objected to the terms of the SHG Settlement, which resulted in
mediation between FSHC, the Borough and SHG; and,
WHEREAS, the Borough and SHG have agreed to a revised settlement agreement
("Amended SHG Settlement") in the context of the Borough's Round 3 and/or Round 4 plan which
includes 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, FSHC has expressed support for the Amended SHG Settlement; and,
WHEREAS, the Parties agree that the "McCoy Road Site", which accounted for 55 units
of affordable housing in the 2018 FSHC Settlement is not suitable for multifamily housing and
will be replaced by a 100%project that will occur on the SHG Site; and,
WHEREAS, FSHC and the Borough wish to amend their settlement agreement to account
for the SHG Site and other related terms (the "FSHC Amendment"); and,
WHEREAS, the Parties have agreed to present the FSHC Amendment to the Trial Judge
for approval at a duly-noticed Mount Laurel Fairness Hearing; and,
Special Meeting of the Mayor and Council Page 8
August 24, 2023 Minutes
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 the Borough of Franklin Lakes to execute the attached FSHC Amendment 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 15th day of August 2023, by the
Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, as follows:
1. The Mayor and Council hereby authorizes the Mayor of the Borough of
Franklin Lakes to execute the FSHC Amendment 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 FSHC Amendment 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.
Respectfully submitted,
C(ail M. Rulli, Borough Clerk