The Sordid Tale of COAH Now in Council Hands

He says he's "all for affordable housing," but Mayor Keith Killion really hates enveloped in a cocoons of vetoes, legislation, unclear mandates, litigation and a possible dissolve of the actual agency. Affordable housing regulations are likely here to stay, though it's unknown what they'll look like and what agency will be responsible for upholding them.

Takeaway point? Regardless of the tenuous state, the village needs an affordable housing plan. If not, it could be subject to litigation should an individual file a suit. Enter Village Planner Blais Brancheau's affordable housing ordinance, years in the making with numerous revisions.

At the planning board's Tuesday night meeting, the members voted to move the ordinance–which would create two affordable housing zones on Broad Street. One zone south of LeRoy Place, the AH-2 zone, would be designated solely for residential housing. The other zone, the "AH-3" zone north of LeRoy Place, would allow for dual residential/commercial properties.

Mayor Killion questioned the mechanism of enforcement should the village not comply to what he views as absurdly unrealistic numbers–over 800 units in a village with minimal space to accommodate under one recent state-backed proposal, 96 in another. "Neither can be met," Brancheau said when asked by Killion.

"Are they going to send the COAH cops?" if the village can't meet its numbers, the mayor asked, possibly in jest. The reality, Brancheau said, is the village just doesn't know. It's in compliance with former numbers (20 units) but given the uncertainty, "it's a mess," the planner responded. "They may be more, they may be less. It's hard to say," he said of the future.

"Almost anything dictated would be a hardship," the mayor said in response.

David Nicholson, the planning board chairman, called passing the motion to council "the best thing we can do at the moment."

The measure passed 6-3, with "no" votes from Constantino Suriano, Mayor Killion and Jane Shinozuka. Councilwoman Bernadette Walsh voted to move the measure, along with Nicholson, Richard Joel, Charles Nalbantian, Robert Hurley and Kevin Riley.

However, one property owner objected to the plan. Dr. Anna Korkis, represented by attorney Charles Collins, has objected to the process moving to council, one Collins didn't think merited a "rush to judgment". Korkis purchased 200 South Broad Street (currently in the B-2 business zone) with the intention of constructing a 5,000 square foot office building on the vacant lot, which had a building leveled by the former property owner a few years prior.

Collins argued that should the Brancheau-drafted ordinance go through, her proposed building would be locked in the AH-3 zone and she'd be subject to building apartments as well, something she doesn't want to do. Brancheau and planning board attorney Gail Price said that the property owner should have done her research and been aware that the property had been designated for the affordable housing zone by the time she purchased the property.

At one time, early in the drafting stage, the few property owners in the affected areas had been willing to consider a single zone, but have since fractured, necessitating the dual "AH" zones, Brancheau said. There is also an overlay component, meaning that should a building in the zone be knocked down, anything going back up would need an affordable housing requirement if it's within an affordable housing zone.

Another aspect discussed was the possible lowering of COAH unit mandates from the state, as well as the process to see that done. A previous COAH plan would have designated Ridgewood to have 800 + units built, a figure unattainable without demolition and high-rises, officials said. Brancheau, however, stated that the village can challenge the number conscripted, as it has done in the past, to get the requirements lowered.

The council will be holding its public hearing on the COAH ordinance, which was passed on introduction (including a 'yes' vote from the mayor to have a public hearing, but a 'no' vote by Deputy Mayor Tom Riche) on April 13.