Special Meeting on Hekemian Application Ends Before It Begins

Thursday's special Zoning Board meeting on the proposed development of the United Water property did not take place as scheduled. Technically, the meeting was not cancelled; at the applicant's request, and with the Board's approval, it was carried to the June 11 regular meeting.

During last week's Zoning Board meeting, Antimo "Andy" DelVecchio, attorney for Hekemian, announced that his client and the New Milford Board of Education had entered into a 'conceptual contract' whereby Hekemian is giving the BOE 3.25 acres of land along with a 'sizable' donation.

As of Thursday night, representatives for Hekemian had not yet filed the amendment to the site plan application, nor had the developer submitted any renderings reflecting the donation to the Board of Education.

The original plans submitted for the proposed development included a four-story 221 unit multi-family housing complex that included an affordable housing component; a four-story 428-space multi-level parking garage and a pool; a 70,500 sq. ft. supermarket; and a 4300 sq. ft. bank with two drive-thru lanes. 

After almost one year of hearings, those plans were amended in December 2012 decreasing the housing component from 221 units to 24 low income units. During their January meeting, the Zoning Board formally denied a . (Leibman, appointed New Milford's Borough Attorney, has removed himself from representing Ashley in this matter.)

DelVecchio's memo concluded that because no qualitative changes had been made to the site plan, the revisions constituted an amended application and not a new application.

In rendering his legal opinion, Sproviero also concluded that the revisions to the site plan do not constitute a new application, but an amended application.

The question of whether the current revisions will be considered an amendment or a new application that must be heard from the beginning, cannot yet be answered, Sproviero said.

"Assuming I get the amendment to the application at least a few days before the next meeting, I can give [the Board] an opinion and then the Board can make a decision on whether this is a new application, or an amended one," Sproviero said.

Louis Flora, the attorney representing Oradell in the matter, and Al Alonso, an attorney representing himself, believe that the revisions require that the application be considered a new application. Also, they said that the donation of land to the BOE changes the land use requiring that residents within 200 feet of the property be re-noticed.

When asked by SOD member John Rutledge whether the public could make comments, Sproviero said, "No."

"We can't open to the public because no one is present on behalf of the applicant and, because of that, they can't cross examine." 

The next meeting of the Zoning Board will be on June 11 at 7:30 p.m. in the Council Chambers of New Milford Borough Hall. There are two other matters scheduled to be heard that night. The United Water property application will be the last matter to be heard during that meeting.

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