HomeMy Public PortalAbout2023-01-23 Special Joint Meeting with Planning Board Special Joint Meeting
Mayor & Council and Planning Board
January 23, 2023
A special meeting of the Mayor and Council and the Planning Board was held on January 23, 2023
at 7:00 PM in the Franklin Avenue Middle School Multipurpose Room.
Meeting Called to Order
Roll Call
The following Mayor and 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, Ms. Cristiano, Mr. Lauber, Mr. Ochs, Mr. Pullaro, Mr. Sheppard,
Mr. Madaio, Ms. McManus. Also in attendance was Planning and Zoning Board Secretary and
Zoning Officer, Diane Lilienthal. Mr. Comitto, Mr. Conte, and Mr. DeLorenzo were 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. Kahwaty
Mayor Kahwaty made the following remarks:
Good evening, ladies and gentlemen, and welcome to this special joint meeting of the Franklin Lakes
Council and Planning Board. As the newly elected mayor of Franklin Lakes it is my pleasure to
welcome you to this forum for residents concerning the Mount Laurel doctrine generally. This
meeting will provide context regarding the proposed development of the CIGNA property at
Parson's Pond Park. I do want to point out that Council President Dennis Bonagura is participating
in this meeting via Zoom as you can see on the screen.
The purpose of this meeting is to provide the "why" as to why the Borough would consider this
proposal or any other proposal for affordable housing. There will be a subsequent meeting to focus
on the "what" —or the specifics of the particular proposal - on February 1, 2023. At that time, the
developer will also be present to present their project and answer your questions.
There are limits on what we can or should say in public regarding affordable housing — and that
goes for the public, as well, since we do not yet know for certain if this matter will be resolved via
agreement or ultimately end up in court. If it goes to court and there is an anti-affordable housing
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rhetoric from the governing body or the public,the developer may try to use those statements against
the Borough. What I can say, and I believe I speak for both the Council and the Planning Board, is
that we did not write the affordable housing laws in this state and we do not agree with how onerous
they are on municipalities. Against that backdrop, over the past year, subcommittees of the council
and planning board have engaged with the developer in an effort to reduce the impact of any
development on our Borough, including schools, police, fire and other Borough services.
At this juncture, we have reached an understanding as to how we can do that while remaining
compliant with the law. The MOU, or Memorandum of Understanding, essentially commits the
Borough to consider the developer's proposal. It is best viewed as a series of goals in which the
parties agree to use their best efforts to cooperate. Let me underscore that no vote or decisions will
be made tonight, or for that matter, at the next meeting of February 1, 2023.
I also want to make clear that we are not advocates or proponents for any development of this
property; that is not our legal function, particularly since we do not own this property. If an owner
wishes to develop any property, our obligation is to consider their application subject to local, state
and federal requirements. The Mount Laurel doctrine, about what you will hear more in a few
moments from our panel, imposes certain court ordered obligations on every municipality in this
state; I believe we are the only state in America in which these kind of requirements have been
imposed under a state constitution.
It is worth noting that towns with similar demographics to Franklin Lakes in Bergen County have
litigated in court with developers, with unsuccessful results. In fact, courts often impose
significantly higher obligations on towns that proceed to litigation (Englewood Cliffs is a good
example of this result). Thus, the Governing Body and Planning Board will hear from the public
and the developer and will consider the proposal in the context of various risks and inputs associated
with litigation and which cannot be discussed in open public session. Therefore,we have endeavored
to reach an agreement with the developer that will have the most controlled impact on Franklin
Lakes to avoid litigation that potentially could adversely affect our community - and I say our
community since, like you,we live and work here, and want to maintain the quality of life and living
standards that make this such a wonderful town to be in.
We have assembled, I believe, an excellent panel to provide you with the information we have to
date concerning this proposed project, and the impact of Mount Laurel on our deliberations.
Mayor Kahwaty read the following biographies:
Mike Edwards is a Partner at the Law Firm of Surenian, Edwards and Nolan ("SEN"). Both
Mr. Edwards and SEN specialize in matters involving affordable housing and it is in that capacity
that Mr. Edwards serves as the Borough's Special Counsel. SEN is the State's leading municipal
firm on such issues, representing roughly 70 municipalities relative to affordable housing.
Ms. McManus, a Principal with Kyle + McManus Associates, has 20 years of experience in both
public and private sector planning. She has prepared numerous planning studies for a variety of
municipal and private clients and has advised dozens of municipal planning boards, zoning boards
and governing bodies on public policy and land development practice. In addition to serving a
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variety of municipal clients, Ms. McManus has extensive experience serving in the role of Special
Master for the New Jersey Superior Court in more than 40 cases where municipalities are seeking
review and approval of their housing plans.
Ms. McManus has prepared numerous planning-related studies for municipal clients, including
master plan elements, reexamination reports, redevelopment investigations and plans, special area
studies (corridors, downtowns, etc.), open space and farmland preservation plans, housing plans,
and development regulations. Her broad experience extends from the state's smallest boroughs to
the largest cities, and the communities in between.
The Mayor and Council and Planning Board are prepared to stay as long as necessary to answer
your questions and concerns. We only ask that due to the number of people in attendance, and our
desire to afford everyone an opportunity to speak, that you limit your questions or comments to no
more than five minutes. And again, there will be another meeting for you to express your
sentiments about this project.
I'll now turn the meeting over to Mike Edwards.
Overview of Affordable Housing Law by Affordable Housing Counsel Michael J. Edwards,
Esq.
Michael Edwards presented an overview of Affordable Housing Law.
Overview of Redevelopment Process by Borough Planner Elizabeth McManus, P.P.
Ms. McManus presented an overview of the redevelopment process.
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. Pullaro. On voice vote, all in favor.
Douglas Shayne, 935 Old Mill Road, of the law firm Blumen & Shayne, made some political
statements and spoke about the philosophy of trust and elected officials. It is his understanding that
overwhelmingly everyone in room is against the proposal and if it were to go forward, it will be
against the will of the people and will make this the Mayors only term in office. He asked that the
Mayor and Council educate the people and let them decide. He spoke about the courts, changing
laws, his coming to New Jersey from New York, his personal experience with affordable housing,
and willingness to pay increased taxes.
Mayor Kahwaty commented about the composition of the court and the Mount Laurel doctrine and
likeliness of the way they would vote. He stated the risk is very substantial and he would not feel
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very good if we opposed this matter and the court came back with an increased number of units than
originally proposed.
Mr. Shayne reiterated the need to fight and appeal.
John Matarese, resident, read a prepared statement. He commented he has been in the Borough 50
years and has seen many changes. Past elected officials and board members have done the job of
making the Borough a desirable place to live and with a low tax rate, and how officials planned and
managed the Borough like it was their own business. He stated he feels Mount Laurel is placing
our entire state in peril and feels it's socialism from the bench, and this is one of biggest affronts to
our freedoms. Additional residents and a 15% increase in the Borough's population raises concerns
in the areas of school aged children,traffic, added expense for town services including public safety,
Police, Fire and Ambulance Corps. He stated he will be watching the vote of the officials.
Noah Zakim, 846 Scioto Drive, supported preceding speakers. He added their comments should be
addressed to the State level as he believes neither residents nor Councilmembers want this
development. He stated a citizen's group can object to the town's actions and file its own action. If
the town declined the developer's agreement it will be decided by a matter of law. He stated the
law is against us and we have choices to weigh.
Mr. Edwards and Mr. Zakim discussed items pertaining to project timing and considerations of
water,traffic, sewers and impact on schools, Police and Fire Departments. Mr. Edwards stated that
we won't have these answers until the site plan is presented.
Ari Donio, 501 Kings Pointe Trail, asked if the property hasn't been sold, is there a contingency?
He stated he is disappointed that the town didn't have foresight to anticipate this. We need to pay
attention to any property that could add to our quota and those that might be a risk to us and let the
town decide what should happen to it, not a developer.
Steve Holmgren, 702 Colonial Road, complimented the first person who spoke. He stated all of his
children went through the Franklin Lakes schools and spoke about his service to the town. He spoke
about his job and the need to present a brief description of the problem and clear solutions. He
stated he trusts in Mayor, Council, and Planning Board and cares about the safety of family and
neighbors. He asked the Mayor and Council who they serve and to decide to serve the town and its
people and uphold the Constitution. He asked the Mayor and Council to listen to the people and
stated their actions will be watched.
Christine Christopoul, 392 Saddleback Trail, asked the Board to elaborate on factors that committees
would look at in determining if the land should be redeveloped, and if the town has any recourse in
the law suit against Governor Murphy that was filed by 10-11 other municipalities.
Ms. McManus cited the factors to be considered and stated it generally addresses health and safety,
site conditions, ability to be developed without government intervention, building damage, and
others not relevant to this property. It is a black and white review against the property conditions
which address items such vacancy and obsolescence.
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Mr. Edwards stated he is aware of different cases with other municipalities and talked about the
creation of COAH, the regulations created, and how they were challenged by advocacy groups. He
stated COAH has been prejudicial toward municipalities on Mount Laurel issues. He stated that
this will happen before those cases are resolved as the developer wants to go to court if deadlines
are not met.
Drita McNamara, 419 Lake Road, Wyckoff, spoke about sitting on the Planning Board for many
years and stated neighboring towns such as Wyckoff, and Mahwah are concerned about traffic. She
suggested the Planning Board and Council put themselves in the citizen's shoes and listen to the
public.
Morgan Friedman, 305 Haven Road, stated she understands that it is most likely in the town's best
interest to go through with the plan, as opposed to facing builders' remedy, as the courts are not
likely to go in our favor. She stated she has been before the Planning Board and met the extreme
levels of requirements, and asked how much control we have on the requirements for Affordable
Housing. She talked about the size and density of the development, stated she is less concerned
with the affordable housing aspect, and stated the town cannot reasonably support this increase in
size and density. She spoke about schools, and asked if we have any recourse. She mentioned impact
on Police and asked if the Volunteer Fire Department would be forced into a paid department.
Mr. Edwards stated a settlement will attach a concept plan and zoning standards which will be
reviewed by the Planning Board and open for public comment. Affordable Housing rules state that
we must expedite the process and grant reasonable waivers. Additional population should generate
its own revenue and the additional people would be active within the community. If there is
rezoning, there is no recourse for impact on schools; that is how the doctrine is written.
Tom Divincent, 205 Woodside Avenue, thanked the Planning Board and Mayor and Council. He
stated that the density of the population is what has drawn his and his wife's attention. He asked if
the 585 units could increase; spoke about growth in the last 10 years and what we do in 20 years.
He asked how much our services have been affected in the past and will it help if residents fight.
Mr. Edwards explained the obligations of the Borough under COAH. He stated he cannot answer
the second part, but stated citizens do have a right to protest.
Paulette Ramsey, 600 Ewing Avenue, spoke about two major changes that occurred during her
Council terms. First, a developer on Old Mill Road stated he wanted condos, open space, and a dog
park. The developer took it to the State. We lost and the Borough was made to provide frontage
for the project. Second, a gentleman wanted to build office buildings at the corner of Franklin
Avenue and the Borough worked with him. He bought the whole corner then went on to build the
Assisted Living Facility. She stated the Seniors are fortunate to have that housing and to stay in
town. She express support of the Council and stated she knows they have the best interests of the
Borough at heart, said congratulations to the new members, and offered good luck.
Laurie Burnette, 746 Lawlins Road, spoke about her children growing up here and her hope to retire
here. She has been on the Ambulance Corps for 17 years, coached, and is a realtor. People come
for schools and the space and she spoke about the things in favor of the town. She stated oversight
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and follow through from the town has to happen. She spoke about the difficulty for Police and Fire
and Ambulance Corps at other housing development sites.
Noah Zakim, 846 Scioto Drive, spoke about well water and PFOAs, asked about an environmental
impact study, and spoke about New Jersey being the most polluted and populated state in the
country. He asked if this development is going to affect sewer or well water.
Ms. McManus stated this is difficult to answer without the plans and an environmental review is
part of the site plan review and its impact.
Discussion ensued on noticing those within two hundred feet, federal laws and endangered species.
Ms. McManus stated we must comply with federal laws.
Cathy Stack, 206 Park Road, added that she lives within the two hundred foot zone of the proposed
development. She has paid for an environmental impact study, brought it to the Planning Board and
after all the meetings,plans, and good intentions, it's been destroying property. Her experience with
developers prior to construction and the reality of what happened after being very different. She
discussed her desire for the town to be proactive.
Borough Attorney Smith stated there is a lesson to be learned from the property on Old Mill Road,
where the developer came to town wanting to put up 20 high end townhouses. The town said no
and the municipality began a lawsuit to condemn the property. Judge Farrington said Affordable
Housing wins. We have to carefully weigh our opportunity and don't let it pass. He stated the punch
line is we wound up with 100 units, instead of 20, on six acres.
Jaqueline Masi, 913 Franklin Lake Road, stated the schools will be overwhelmed. She asked who
pays for the additions for the new students or does the builder work with the town. She asked that
everyone please take schools, and students specifically, into consideration.
Mr. Smith stated that in theory the new units would create tax revenue that would offset costs. The
Borough has hired a financial expert to review the impact and is expecting a report.
Mr. Matarese,resident, directed a follow up question to Mr. Edwards, asking about constitutionality
of the Mount Laurel doctrine and if it has been heard in Federal court or only in Supreme Court.
Mr. Edwards stated the 10h amendment delegates the powers to the State; and thinks federal court
would be a dead end.
Borough Attorney Smith stated if this is a problem we should vote against the people in Trenton,
they are the ones that can vote and change things for us.
Rich Milazzo, 35 Spring Wolf Trail, thanked the Mayor, Council and Planning Board for their time;
noting he thinks the current problem is misinformation and panic. He has heard concern about
density, discussed numbers at the Reserve, and why it's different. He asked why we can't lower the
number of units. He spoke about being a member of the Reserve and community involvement and
asked about the time frame in building.
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Mr. Edwards spoke about calculation and reasons why COAH is now enforced. He discussed
shortfall, talked about the Cherry Hill Racetrack and the Supreme Court decision. He stated the
project at the golf course is affecting what we do now. It is not a practical reality that you can create
another RDP shortfall. He discussed moderate to low income housing. He stated it is a minimum
of two years from the time a contract is signed.
Mayor Kahwaty stated the Reserve has been a net benefit to the community.
Elisa Billis, 705 Knollwood Road, stated she speaks as a resident,not as a member of the BOE. She
moved here for the size of property lots and the schools. She stated she is not here to speak against
affordable housing, but about K-8, impact of increased density, population and resources,
infrastructure revolving around growth, and impact on police, fire, etc. and regional high school.
She asked if the builder offered a residential only option and that the Mayor and Council consider
the stress on infrastructure and push back as much as we can.
Scott Loia, 758 Michele Court, stated someone mentioned taxes. He stated he is curious on how far
the Council and Planning Board have delved into that and how it will affect the community. If we
have extra tax revenue to pay for additional services, what about negative effects, people moving
out of town, degrading property values and things that will take away tax revenue. He stated he
feels the will of the people is that they don't want it and asked if we can take away any incentive
from the developer. He asked if we can we say it's not viable and the town can't sustain it.
Borough Attorney Smith stated that by law, the Borough cannot consider an increase or decrease
and can't zone or not zone due to tax implications and spoke about impact of housing versus
business. Mr. Smith stated with a high degree of confidence that no one here is in favor of this
project and Mr. Edwards was hired to see the best path for the town to take.
Mr. Milazzo, 35 Spring Wolf Trail, asked if and how we delay it or slow it down and if another
community organization, or the Borough could purchase the property.
Mr. Edwards stated the developer already has a contract on it and Borough Attorney Smith
concurred the Borough could not.
Andy Haas, 237 Green Ridge Road, asked about the final agreement and where the agreement
started. He stated his experience is if pressured the developer in Englewood Cliffs the deal would
have gotten better, and stated the more pressure you can maintain on them they will go further than
you think.
Mr. Edwards stated that they cannot get into client attorney privilege. Borough Attorney Smith
stated the developer pointed out where there is 25 per acre they will go for that if we don't work
something out to everyone's benefit.
Mr. Holmgren, 702 Colonial Road, discussed options, risk analysis, and cost analysis. He stated
this doesn't seem being transparent and asked, are you looking at options?
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Mr. Edwards talked about closed session and commented that the Mayor and Council and Planning
Board are listening now and on February 1 will take all comments and input into consideration.
Mayor Kahwaty stated that on February 1, 2023, the developer will be here and the public will be
able to direct their questions directly.
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. Pullaro. On voice vote, all in favor.
Adiournment
Motion by Council to adjourn the meeting was made at 9:20 PM by Councilmember Lambrix,
seconded by Councilmember Kelly. On voice vote, all in favor.
Motion by Planning Board to adjourn the meeting was made at 9:21 PM by Mr. Ochs, seconded by
Mr. Adams. On voice vote, all in favor.
Respectfully submitted,
ai M. Rulli, Borough Clerk