Judge OKs Plan For Wayne Rt. 23 Apartment Complex, Trader Joe's

WAYNE, NJ — A zoning board decision to bring an apartment complex, restaurant, and Trader Joe's supermarket to Route 23 South was upheld by a Superior Court judge Monday.

Judge Ernest M. Caposela determined that the Zoning Board of Adjustment acted reasonably when it approved a plan from developer Galreh LLC to move forward with the 232-unit complex. Galreh's application included several variances and a waiver of Wayne's environmental protection ordinance. The property is bordered on one side by houses. A Hyundai dealership is located near the property down Route 23.

"The court is satisfied that the Board did not act arbitrarily, capriciously, or unreasonably in grant each of these waivers," Caposela said in his decision.

Caposela noted that the board addressed the issues during the hearing for the application, which was spread out over 12 sessions and lasted more than a year. The board permitted a bigger footprint for the facility be granted, which had previously been granted by the nearby Paul Miller BMW dealership and former Wayne Hills Mall.

Caposela called the testimony offered at the meetings in support of the variances Galreh sought "credible."

Ten residents and the Circle Realty Co., which owns the land the Hyundai dealership is on, filed the legal complaint. Residents spoke out against the application and questioned several experts during board meetings. Their lawyer, Stuart Lieberman, said in his closing statement before the board voted in 2017 that Galreh failed to make its case regarding the application.

Residents of nearby Sandra Lane and of Pequannock Township said developing the site would only make flooding worse and criticized Galreh's storm water management plan.

Mark Semeraro, Galreh's lawyer, previously said the plan reduces the 100-, 10-, and two-year floodwater runoff by 29, 46, and 56 percent, respectively, more than was required.

Chairman William Van Gieson previously said he does not believe the development will have a negative impact on flooding. He said that rising water upstream has more of an impact on local flooding.

Related: Rt. 23 Apartment-Retail Application Approved

Of the 232 luxury apartments, 112 would be one-bedroom and 116 would be two-bedrooms. Approximately 23 would be affordably priced and four would be studio units.

Some parents expressed concern at board meetings that the development would increase the number of children attending school in Wayne, increasing class sizes and possibly raising taxes.

Galreh previously said that, at most, 17 additional children would attend the Wayne Public School District if the apartments were filled to capacity. That projection was based on a Rutgers University study.

Galreh spoke with grocery store chains Whole Foods, Wegman's, and ShopRite about possibly bringing a store to the site, but they all passed. The site was designed with bringing a Trader Joe's there. There already is a Trader Joe's in Wayne, on Hamburg Turnpike next to the Preakness Shopping Center.

Lieberman told NorthJersey.com that his clients were "disappointed" with the decision and might appeal it.

"We'll have to take a look. We believe in our position, and we'll have to see what we do next. We have 45 days to appeal," Lieberman told NorthJersey.com.

Email: daniel.hubbard@patch.com