HomeMy Public PortalAboutr 10-057
~e.zolutio1t of tIre ~orou~Ir of (!I<trteret, ~ ~ 3J ~
No. 10-57
Date of Adoption F't:)hr'l::lry 4, 2010
RESOLUTION OF THE BOROUGH OF CARTERET, IN THE COUNTY
OF MIDDLESEX DESIGNATING CERTAIN PROPERTY AS AN AREA
IN NEED OF REDEVELOPMENT UNDER THE NEW JERSEY LOCAL
REDEVELOPMENT AND HOUSING LAW (N.J.S.A. 40A:I2A-l et seq.)
AND AUTHORlZlNG AND DIRECTlNG THE BOROUGH PLANNlNG
BOARD TO PREPARE A REDEVELOPMENT PLAN FOR SAID AREA
\VHEREAS, the New Jersey Local Redevelopment and Housing Law, NJ.S.A.
40A:12A-l e/ seq. (the "Redevelopment Law") authorizes municipalities to determine whether
certain parcels of land located therein constitute areas in need of redevelopment; and
\VHEREAS, the Borough Cmmcil (the "Borough COlillCil") of the Borough of Carteret,
in the County of Middlesex, New Jersey (the "Borough"), authorized and directed the Planning
Board of the Borough (the "Planning Board") to conduct a preliminary investigation to determine
whether the property designated as Block 1, Lot 2.13 on the Borough's tax map (the "Study
Area") meets the criteria set forth in N.J.S.A. 40A:12A-5 and should be designated as an area in
need of redevelopment; and
WHEREAS, the Planning Board caused Beacon Planning and Consulting Services, LLC
(the nplanning ConsuItantl1) to conduct a preliminary investigation to determine whether the
Study Area should be designated as an area in need of redevelopment; and
'WHEREAS, the Plarming Board received a report and map depicting the Study Area
prepared by the Planning Consultant, entitled "MlAX Redevelopment Area Assessment!l and
dated November 11, 2009 (the "Report"), concerning the detennination of the Study Area as an
area in need of redevelopment; and .
\VHEREAS, the Redevelopment Law requires the Planning Board to conduct a public
hearing prior to making its determination whether. the Study Area should be designated as an
area in need of redevelopment, at which hearing the Planning Board must hear all persons who
are interested in or would be affected by a determination that the Study Area is a redevelopment
area; and
'VHEREAS, the Redevelopment Law further requires the Planning Board, prior to
conducting such public hearing, to publish notice of the hearing in a newspaper of general
circulation in the municipality once each week for two consecutive weeks, with the last
publication made not less than ten days prior to such public hearing; and
'VHEREAS, the Redevelopment Law further requires such notice to be mailed at least
ten days prior to such public hearing to the last O\Vller of the property in the Study Area (the
"Property O\Vller") according to the Borough's assessment records; and
\VHEREAS, the Planning Board caused the aforementioned notices to be published and
served on the Property Owner in accordance with the requirements of the Redevelopment Law;
and
NO. 10-57
PAGE 2
\VHEREAS, on December 2, 2009 the Plannin Board revi
testimony from a representative of the PI '. C 1 g e\ved the Report, heard
d' hi h h annmg Gnsu tant, and conducted a public he .
toU;~;:t ~le~ ~~O~~l~~V:~;d/a:: t:~%~~~:;~:eg:eral pU?lic were given an opp~=
potential designation of the Study Area as . d Planrung Consultant cOIlcemlllg the
an area ill nee of redevelopment; and
. 'VHEREAS, the Planning Consultant concluded in the Re d'
Plannmg Board on December 2 2009 that the Stud . port an testIfied to the
area designation set forth in N J'S A 40A'12A 5 SY Areda satIsfies the criteria for redevelopment
.... . -c,gan5hjand
\VHEREAS, members of the Planning Board questioned the Planning Consultant; and
"'HEREAS, at the December 2, 2009 public hearing, legal counsel for the Property
O\vner (i) presented to the Planning Board a letter dated December 2, 2009 setting forth the
Property Owner's objections to a finding that the property meets the criteria for designation as a
redevelopment area; (H) cross.examined the Planning Consultant; (Hi) offered the testimony of
Anthony Filiaci, a consultant to the Property Owner; and (iv) offered various documents into
evidence (which documents the Planning Board admitted into the record) in support of the
Property Owner's opposition to the designation; and
WHEREAS, various members of the general public posed questions to the Planning
Board and stated their objections to the designation; and
\YHEREAS, after the conclusion of the public hearing described above, the Planning
Board determined that the Study Area meets criteria set forth in N.J.S.A. 40A:12A-5c, 5g and Sh
for designation as an area in need of redevelopment and determined that it would recommend
that the Borough Council so designate the Study Area; and
WHEREAS, on January 27, 2010, the Planning Board adopted a Resolution of Findings
and Conclusions setting forth such fmdings and recommendations; and
\VHEREAS, the Borough Council agrees with the conclusions of the Planning Board
that the Study Area satisfies the criteria for redevelopment area designation set forth in NJ.S.A.
40A:12A-5c, 5g and 5h and the Borough Council finds that such conclusion is supported by
substantial evidence; and
\VHEREAS, the Borough Council now desires to designate the Study Area as an area in
need ofredevelopment, pursuant to NJ.S.A. 40A:12A-6; and
"'HEREAS, the Borough Council further desires to authorize and direct the Planning
Board to cause a redevelopment plan to be prepared for the Study Area and present same to the
Borough Council, pursuant to N.J.SA 40A:12A-7f.
NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED by the Mayor and
Council of Borough of Carteret, in the COlmty of ?vliddlesex and the State of New Jersey, as
follows:
NO. 10-57 .
PAGE i
Section 1.
forth at length.
The aforementioned recitals are incorporated herein as though fully set
Section 2. The property designated as Block I, Lot 2.13 on the Borough's tax map
satisfies the criteria for redevelopment area designation set forth in N.J.S.A. 40A:12A-5c, Sg and
5h and such property is hereby designated as an area in need of redevelopment (the
llRedevelopment Areatl).
Section 3. The Planning Board is hereby authorized and directed to cause a
redevelopment plan to be prepared for the Redevelopment Area and present same to the Borough
Council pursuant to N.J.S.A. 40A:12A-7f..
Section 4. The Borough Clerk is hereby directed to immediately fonvard a copy of
this resolution to: (1) the Clerk of the Planning Board; (ii) Cyprus AMAX, 300 Middlesex
Avenue, Suite D, Carteret, New Jersey 07008; (ill) McCarter & English, LLP, Attn: Andrew O.
Bunn, Esq., Four Gateway Center, 100 Mulberry Street, Newark, New Jersey 07102-4056; and
(iv) McManimon & Scotland, L.L.C., Attn: Kevin P. McManimon, Esq., 1037 Raymond
Boulevard, Suite 400, Newark, New Jersey 07102.
Section 5.
This resolution shall take effect immediately.
kq:ltEd this 4th day of Febnmy, 2010
ard certifie:l as a true c.qy of t:h2
origiml on Febnmy 5, 2010.
KAlHI.EEN M. B1IRt'llEY, OC
M.llicip3l Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NY A.B. COUNCILMAN YES NO NV A.B.
O"OTW\ '. 'KRUM x
x
DW x NAPLES x
DIMASCIO x SITARZ X
X-Indicate VOle AB-Absent NY - Not Voting XOR - Indic<llcsyote 10 Overrule Velo
Adopted at a meeting of the Municipal Council FebrLl'll:)' 4, 2010
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