Public Divided Over Development of United Water Property

Residents were divided into two camps Monday night on a plan for the 13.6-acre United Water property: those who disapproved of the size and scope of the proposed mixed-use development and others, who felt it would bring much-needed ratables to the borough.

The first public discussion of the for the United Water property located at Madison Avenue, Main Street, River Road and John D. Cecchino Drive was held before a packed audience at the Mayor and Council meeting. 

, submitted to the Building Department by New Milford Redevelopment Associates LLC, whose managing director is Peter Hekemian, Principal and V.P. of Development for the S. Hekemian Group, call for a four-story 221 unit multi-family housing complex that includes an affordable housing component; a 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. 

New Milford resident Al Alonso, who stated that he is a land use attorney, vowed to appeal the zoning board's decision if it is approved and "tie it up" in the courts for as long he can to stall development. 

Those in support of ratables, such as Terence McMackin said, "We need to put something into that property that neutralizes our tax losses. We need the ratables." Citing the increased cost of services he added, "Something needs to go on that property where everyone benefits." 

Other speakers said that ratables are necessary for the town. In response to those residents who were calling out from the audience for the governing body to purchase the property, those in favor of some sort of development said that they don't want to be told how to spend their money.  

One resident who asked that we not print her name said, "Don't these people understand that in order to purchase that property the money has to come out of our pockets?"

"I'm barely employed. My pockets are completely empty," she said. 

Council President Howard Berner said that although he was among one of the first to say New Milford should buy the property to alleviate flooding concerns, he has spoken to "hundreds of residents" who have expressed to him that "they want ratables there." As to buying the property now, he said that "we've exhausted that option months ago." He added that the sale of the property as it stands now is an agreement between two private entities limiting the governing body on what they can and cannot do. 

Mayor Ann Subrizi added, "We have to be prepared to do what's best for the town."

When asked by residents about the possibility of the town purchasing the property, Subrizi stated that the mayor and council investigated that possibility last year, but chose not to pursue the purchase in order "not to burden the taxpayers and future generations with bonded debt." 

Although the land is currently zoned residential, Subrizi cited the Borough's 2004 Master Plan that explicitly deems the property "currently underutilized" and recommends mixed-use development. (See pages 56 and 57.) Subrizi emphasized that any Zoning Board of Adjustment application must refer to the borough's Master Plan recommendations. 

In the early part of 2011, Hekemian approached the Mayor and Council for potential for commercial uses. This proposal included a transfer of one-third of the property to the borough for a municipal recreation component and a 65-space parking component. This original proposal that was put forth in a public proposed the relocation of the Shop Rite and some other retail; at that presentation there was no mention of a residential housing component. 

However, the devastating trifecta of Irene, Lee and Snowtober caused the Mayor and Council to back-burner the rezoning of the property in order to deal with the immediate issues facing the town. In the early part of January 2012, Hekemian filed site plans with the building department that differ entirely from the presentation given to residents at New Milford High School in April. 

Mark Madaio, Borough Attorney, reminded the audience that the presentation given by Hekemian in April did not result in an application to the Building Department. The presentation in April was only the schematic of what they would produce if they received the rezoning they wanted from the Mayor and Council. The filed in early January are the only plans on file for that property. 

Since the application is not for single family homes, as the land is currently zoned for, the zoning officer was bound to . This denial does not mean that the project is stopped; it only triggers an application to the Zoning Board where the applicant will request all of the variances that they need in order to complete the project as it is designed in the plans. The Zoning Board will either approve or deny the application based on the testimony of experts. Madaio is confident that the applicant will argue that the proposal is consistent with New Milford's Master Plan. 

Subrizi told the audience that once the land was  it became a valuable piece of property in Bergen County. In January 2011, representatives from United Water came before the Mayor and Council to report that the Department of Environmental Protection declared the site clean after extensive work was done to remove sludge, a by-product of the water treatment process, that had been regularly dumped at the site until 2003. 

It was agreed by the Mayor and Council that Madaio contact the developer to request that additional escrow be put aside for a more thorough plan to be completed by the newly appointed Borough Planner, Burgis Associates.

Once Burgis' study, based on the site plan application, is completed, the mayor and council will hold a series of public meetings not only to relay information and allow the public to ask questions, but to include the residents of New Milford in on the process.  

"Nothing will be done outside of the public eye. There are no secrets in this process," Subrizi assured the audience, adding, "Full public participation is welcomed and encouraged." 

In response to Ulises Cabrera's question about putting the matter to a referendum, Madaio responded that because the land is private property there can be no public interference. "You can't stop the sale of private property," Madaio said. 

As a result of the denial of their application by the zoning official, New Milford Redevelopment Associates LLC is scheduled to appear before the Board of Adjustment on Tuesday, February 14th at 7:30 p.m. in the council chambers of Borough Hall.