Bloomingdale to halt on rezoning
ordinance,
Office of Smart Growth says -- Must meet with state and CLEAN to work
on
solution
Date: May 4, 2003
Bloomingdale Administrator Steven Ward, COAH attorney Jeffrey Surenian,
and
Borough Planner Jason Kasler appeared before the Plan Implementation
Committee
of the State Planning Commission to defend their decision to move
forward
on a rezoning of the Spring Brook Acres Horse farm to allow a
high-density
senior housing project.
Skylands CLEAN complained to the Office of Smart Growth (OSG) in June
of
last year that the proposal was in conflict with the borough's town
center
designation. A report released in December 2002 by OSG's director Adam
Zellner
and staff member Paul Drake found the proposed zoning ordinance to be
inconsistent
with smart growth principles prescribed by their office. The Borough's
town
center designation requires that new development should be targeted for
areas
within the town center that have the infrastructure such are roads,
sewer
service, access to public transporation, and proximity to retail and
professional
services. The horse farm is approximately 3 miles outside the Borough's
recognized
town center area, and largely outside the sewer service area. It is
also
designation as 'environmentally sensitive,' as a PA5 designation was
given
to the property in 1999. The change of the horse farm to a PA5 was a
collaborate
effort between Skylands CLEAN, the Bloomingdale Environmental
Commission,
and Borough Council members.
CLEAN's director Robin O'Hearn, and planner Chuck Newcomb appeared
before
the Plan Implementation Committee representing CLEAN. They were
supported
by a group of 8 Bloomingdale residents, including council member Sue
Smith,
and former Bloomingdale Environmental Commission Chairman John
Capozucca.
Also providing support was Ross Kushner of the Pequannock River
Coalition
(PRC), Wilma Frey of the Highlands Coalition, and Jeff Tittel
representing
New Jersey Sierra Club.
The hearing on the horse farm matter was scheduled to begin at 10:15,
but
when CLEAN and the residents arrived at 10:00, the presentation by OSG
staff
had already begun. Borough representatives arrived a few minutes
later.
Once the parties were assembled, the acting committee chair, Mr.
McKenna,
stated that the OSG staff had requested that no formal action be taken
by
the committee that day, as OSG staff had already met with the
complainant
(CLEAN) and Borough representatives. He did not wish to hear testimony
as
he felt that it might taint negotiations between the various factions
going
forward.
This prompted an outcry from the residents on hand, especially Mr.
Tierney,
who asked that the Board not make a decision without hearing from the
assembled
group of residents. "I am fearful that minds will be made up, and a
decision
made. Then it will be too late to hear our input." Mr. Tierney referred
to
the town's handling of the issue, which seemed to allow no room for
dissenting
opinion by the residents.
After several other residents spoke up, the board changed course and
allowed
the residents to be heard. Almost every resident in attendance made a
statement,
stating concerns about potential flooding, water quality, and deep
concern
that this development would jeopardize the preservation
of Federal Hill.
They also expressed fear that the borough was already planning to move
ahead
at a planning board meeting later that evening, and at a council
meeting
on May 6th, both of which included scheduled votes to adopt the
ordinance
in spite of OSG directives. Mr. Surenian countered that "he didn't
anticipate
any action at the planning board meeting that evening, or at the
council
meeting on May 6th." This statement did not reassure residents, as they
felt
it was very non-commital.
The OSG directed that a task force including Borough Officials,
Skylands
CLEAN, Pequannock River Coalition, OSG staff, and Council on affordable
housing
officials (COAH) meet to address the issue, especially in light of the
attempts
to move COAH housing to the horse farm site to remediate the Borough's
gap
in their COAH obligation. CLEAN has viewed the move to include COAH in
the
matter as an attempt to ram through the project by using COAH as an
excuse.
The horse farm is not currently an inclusionary site, as it is outside
the
town center, and is a PA5. COAH Executive Director Maureen Fullaway was
in
the audience and stated that she was set against putting the borough's
COAH
obligation on this PA5 tract.
CLEAN's director concurred with the OSG's decision, but qualified her
remarks
by stating that any decision by the Borough to move forward with the
ordinance
would prompt CLEAN to call for an immediate revocation of the Borough's
town
center designation. Having heard similar statements from residents who
were
unconvinced that the borough would be stopped, Mr. Surenian, the COAH
attorney,
stated, "Do I have to repeat myself again?"
At one point in the hearing, Kevin Boswell of Boswell Engineering stood
and
stated that he represented the land owner, who was upset at not having
input
into the decision to place a PA5 designation on the property. Further,
Mr.
Boswell stated, the Borough officials had not been in favor of the
designation.
He also demanded a meeting with Director Zellner and to be at the table
for
any future negotiations. Director Robin O'Hearn stated that, to the
contrary,
the Borough was aware and in favor of the designation, and pointed to a
letter
written by Mayor-elect Craig Ollenschleger, Councilman-elect Hack
Miller,
and Councilman-elect Ted Snure written to the then-director of the
Office
of State Planning, Herb Simmons. In the letter, the three men offered
their
support for the designation, stating that they had just won election by
a
60% majority based on their campaign of environmental protection, and
that
they felt that property north of Federal Hill all the way to Norvin
Green
State Forest and the Wanaque Reservoir should be included in that
designation
(the horse farm). The letter has created quite a stir in town, since
Mayor
Ollenschleger has contended that the PA5 designation was inflicted on
the
Borough and the land owner by CLEAN and the BEC. O'Hearn said that she
couldn't
speak to the public input on the designation, but John Capozucca, who
was
in the audience, could. Mr. Capozucca then stood and stated that not
only
had the land owner had input, he had personally stopped by their home
twice
to discuss the potential change with them.
Residents were happy with the outcome, as it effectively stops the
ordinance
from moving forward. The borough has two weeks to return to the OSG
with
a plan to rectify the gap in their COAH obligation. At that time, a
meeting
will be set between the OSG, Bloomingdale, CLEAN and PRC to work
through
details on a development proposal for the property. In the meantime,
all
parties will be searching for alternative COAH sites for the town.
Bloomingdale to appear before Plan
Implementation Committee - Town Center Designation at stake
Date: April
22, 2003
The Borough of Bloomingdale has been asked to appear before the Plan
Implementation Committee of the State Planning Commission regarding a
potential violation of their town center designation on Wednesday,
April 30th. The Borough has been on the agenda several times in the
past, only to pull out of the scheduled meetings. The Office of Smart
Growth has requested in a strongly worded letter to the borough that
they appear before the committee at the next hearing.
Skylands CLEAN notified the Office of Smart Growth (OSG) of the
potential violation last June, when the Borough first released their
plan to rezone Spring Brook Acres Farm to accommodate high-density
'senior' housing, and asked the
OSG to investigate whether the plan would violate the Borough's "Town
Center"
designation. The designation provides grant money based on a plan
submitted
by the town and certified by the OSG. The State Development and
Redevelopment
Plan (SDRP) mandates that town's that receive the Town Center
designation
plan their development to promote growth in areas that already have
appropriate
infrastructure such as roads, sewers, and services such as mass
transit.
The plan is designed to promote growth in areas that can handle
it,
by redeveloping older areas and preserving the town's open space.
Borough Council meetings back in September were packed with residents
opposing the development plan. The plan was put on the back burner
until after the election last November. In December the Office of Smart
Growth released a report concluding that rezoning of the horse farm was
not consistent with the Borough's town center plan, since it was
outside the town center boundary, had only limited access to sewer and
water, and was an environmentally sensitive PA5 designation.
Undaunted, the Mayor continued to push for the zoning change, contrary
to the wishes of the public and the directives of the OSG. He attempted
to shift the Borough's affordable housing obligation to the horse farm
site in an effort
to ram the project through. However, the horse farm is not an accepted
COAH
site, and cannot include COAH housing unless several conditions are
met.
Basically, the Borough would have to extend the town center to include
the
horse farm, extend the sewer service area, and remove the hard won PA5
designation
to allow for development with affordable housing units.
We feel that the attempts to include COAH are an excuse to allow this
high-density development, not a valid reason. The Borough has not
exhausted all other avenues
for meeting their affordable housing requirement, such as using group
homes,
allowing non-profit organizations to build the housing, or even working
with
COAH to develop alternative sites. Instead, the Mayor has attempted to
scare
residents into thinking that this development is the only alternative.
But
allowing for high-density development will only open Federal Hill to
extensive
high-density development. CLEAN stands ready to work with
Bloomingdale
to resolve this issue, and to try and keep high-density housing off of
the
Horse Farm and Federal Hill.
Residents are also welcome to attend the OSG hearing in Trenton, call
CLEAN's office at 973-616-1006 for further details.
Hearings
on Horse
Farm Held
Date: April 2, 2003
Two public hearings were held regarding the rezoning of Spring Brook
Acres farm to include high-density senior housing.
The public packed the council chambers on both evenings to hear about
the new zoning ordinance, which would allow 400 senior apartments in
mult-story buildings on the environmentally sensitive site, which
includes a flood hazard
zone, wetlands, and steep slopes. Hoping to convince the
residents that the development was necessary, Mayor Ollenschleger
carefully orchestrated the meeting to include a presentation by Borough
Planner Jason Kasler and COAH attorney Jeffrey Surenian designed to
scare residents into believing that the existing zoning would increase
taxes. The presentation included many 'incentives' to sell the
new high-density zoning to the residents,
including a new library building, and additional open space.
But the major scare tactic used by the Borough was the need for
additional affordable housing, which they claim will be addressed by
developing the
horse farm. In order to address a 25 unit gap in the borough's
affordable housing requirement, Mr. Surenian advised that the borough
should allow
the high-density development on the horse farm, or other developers
would
come to the borough forcing even larger housing developments on the
property.
No other options such as group homes, non-profit development using
federal
funding, or attempts to exclude properties based on their environmental
sensitivity have been explored. In addition, the horse farm is not an
accepted COAH
site, and even Borough Planner Kasler admitted that the promised 62
COAH
units may not be built through this development.
Borough officials also neglected to inform residents that for COAH to
accept this property for affordable housing, the property has to be
located within the town center, or the existing PA5 (environmentally
sensitive) designation given in 1998 must be removed. It would also be
required that the property be located within the town's existing or
future sewer service area. Currently, only the small portion zoned for
townhomes is within the sewer service area.
Mayor Ollenschleger carefully orchestrated both hearings to include
many of his supporters speaking in favor of developing the property.
There was also a concerted effort to deflect attention from serious
issues raised
in a flyer by CLEAN, with attempts by the horse farm attorney and
several
of the Mayor's political allies to discredit CLEAN. The flyer let
residents
know that the development could jeopardize the preservation of Federal
Hill
and a town center designation that gives Bloomingdale priority status
for
grant money. CLEAN's director, Robin O'Hearn, rebutted charges made by
the
attorney of the horse farm owner. O'Hearn noted that the lot's lack of
suitable
building area due to wetlands and steep slopes, not the generosity of
the
owner, was the reason the development would not cover the entire
parcel.
She also countered charges that the development would not affect grant
money.
This prompted the Mayor to begin shouting at Ms. O'Hearn. He then
claimed
that he has already petitioned the Office of Smart Growth to include
the
tract in the town center. According to OSG officials, however, no
petition
has been received.
Ross Kushner, Executive Director of the Pequannock River Coalition (and
Technical Consultant for Skylands CLEAN) appeared at the second
hearing, addressing
the Borough's poor track-record of planning on COAH. The Borough has a history of
placing its affordable housing units on the most environmentally
constrained sites;
this new plan would only continue to place COAH housing where it is
least likely to be built.
Residents saw through the Mayor's attempt to quash the debate. It
appears that the Mayor, Planner and COAH attorney are now actively
working for the horse farm owner, not in the interest of residents. The
final public hearing and vote on the ordinance to rezone the horse farm
will be held on May 6th. Residents are encouraged to attend and voice
their concerns.
The Borough is due to appear before the Office of Smart Growth on April
30th, where the Plan Implementation Committee will hold a hearing to
determine if rezoning the horse farm for high-density housing violates
the Borough's Town Center designation.
Bloomingdale to hold hearings on Horse Farm
Date: March 11, 2003
The Borough of Bloomingdale planned to introduce a new ordinance last
night to allow for high-density "active adult" housing on the site of
the Spring Brook Acres Farm on Union Avenue.
A crowd of approximately 30 residents filled the council chamber, all
waiting to speak on the matter during public session. During the public
portion
of the meeting, many spoke eloquently about their desire to keep the
horse
farm from being developed.
John Capozucca, former Bloomingdale Environmental Commission chair, was
greeted with a standing ovation as he approached to speak. (Mayor Craig
Ollenschlager refused to reappoint John to the BEC, which appears to be
a political move to punish John for his stand against the Horse Farm).
Capozucca explained to the council that building a high-density
development on the environmentally constrained horse farm was an open
invitation to the developers on nearby Federal Hill to press for their
developments, and might actually allow the Meer tract developers to
increase the density of their developments exponentially.
CLEAN's director Robin O'Hearn asked the Council why they would risk
jeopardizing their Town Center Designation by pushing a resolution for
high-density housing on the site. The designation provides grant money
for revitalization of the town center. The Borough's prior attempt to
rezone
the horse farm for high-density housing in 2002 is under investigation
by
the Office of Smart Growth (OSG). O'Hearn testified that to move
forward
now would be viewed by the OSG as an attempt to subvert their authority
in
the matter, and may hurt them at the upcoming hearing before the OSG
scheduled
for April 30th.
Other residents spoke about the current well contamination in the Morse
Lakes section of town, and asked the council not to build on the horse
farm, as it is the primary aquifer recharge area for the borough,
helping to cleanse the local water supply, and controlling flooding.
Borough officials retreated to executive session to discuss the
ordinance further. Two council members later appeared before the crowd,
and explained that the ordinance had been pulled from the agenda, and
that two hearings would be held where the public could speak on the
matter. The hearings
were tenatively scheduled for Tuesday, March 25th and Tuesday, April
1st.
When asked if the ordinance would be released to the public so it could
be reviewed, allowing residents to comment about it, the council
members
stated that it would not.
Attend the meetings on March 25th and April 1st and let council members
know that you do not want high-density housing on the horse farm.
