Matt Sprung

Its Final for Fanale in Oakland? Mount Laurel Hearing to Take Place.

Notice Content

BOROUGH OF OAKLAND PUBLIC NOTICE OF FAIRNESS HEARING TO APPROVE SETTLEMENT OF MOUNT LAUREL LITIGATION PLEASE TAKE NOTICE that a “Fairness Hearing” will be held on February 25, 2020 before the Honorable Christine A. Farrington, J.S.C., Superior Court of New Jersey at 10:30 a.m. at the Bergen County Justice Center (Courthouse), located at 10 Main Street, Courtroom 401, Hackensack, NJ 07601, to consider a proposed Settlement Agreement between the Borough of Oakland and James Fanale and Joachim M. Fanale, as co-executors of the Estate of Salvatore J. Fanale (“Fanale”) in the Mount Laurel action entitled In the Matter of the Application of the Borough of Oakland, a Municipal Corporation of the State of New Jersey, Docket No. BER-L-6359-15. Through this judicial proceeding, the Court will evaluate whether the proposed Settlement Agreement between the Borough of Oakland and Fanale is fair and reasonable to the region’s low and moderate income households, according to the principles set forth in Morris County Fair Housing Council v. Boonton Borough, 197 N.J. Super. 359 (Law Div. 1984), aff’d o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Borough of Fort Lee, 286 N.J. Super. 311(App Div. 1996). This notice contains a summary of settlement terms only. Interested parties should contact the Oakland Borough Clerk for a complete copy of the Agreement. Fanale is an intervenor in the Borough of Oakland’s declaratory judgment action filed with the Bergen County Superior Court in 2015, as referenced hereinabove. Fanale filed a Motion to Intervene in the above referenced litigation on or about July 28, 2015, and such intervention was granted by the Court on August 26, 2015. This notice summarizes the terms of the Settlement Agreement between the Borough of Oakland and Fanale. The terms of the Settlement Agreement include, but are not limited to, the following: 1. The Borough, through the implementation of the Settlement Agreement, partially satisfies its obligations under the Mount Laurel Doctrine and Fair Housing Act of 1985, N.J.S.A. 52:27D-301, et seq. for the prior Round (1987-1999) and Third Round (1999-2025). 2. The Borough and Fanale have agreed, by entry into a Settlement Agreement dated July 10, 2019, to settle. Fanale is the owner of real property known and designated as Block 4202, Lots 1, 2 and 3 (the “Property”) according to the Borough of Oakland’s current tax assessment map, and said property is commonly known as 123 McCoy Road, Oakland, New Jersey. 3. The Fanale Property consists of approximately 39.9 acres. 4. The Borough of Oakland intends to prepare a Housing Element and Fair Share Plan (hereinafter “Affordable Housing Plan”) that will be adopted by the Planning Board of the Borough of Oakland and endorsed by the Borough Council, and submitted to the Court for review and approval. 5. The Settlement Agreement entered into between Fanale and the Borough provides that the Affordable Housing Plan will include the subject property as an Inclusionary Development, with a maximum of 200 residential units. 6. Fanale intends to develop the property as an Inclusionary Development consisting of, as stated herein, a maximum of 200 residential units, of which 20% of said residential units (up to 40 units) shall be deed restricted. The remaining units shall be market-rate units, which shall be in the form of townhouse-style units. The affordable housing component is contemplated to be within two buildings, in the portion of the property depicted on Exhibit A attached to the Settlement Agreement. The affordable units may be in a greater number of buildings, up to four in total, should they be for-sale units rather than rental units, as conceptually depicted in Exhibit C attached to the Settlement Agreement. The bulk and use requirements to enable the construction of the Inclusionary Development is as set forth in Exhibit A to the Settlement Agreement. It is anticipated that the affordable housing units shall be for rent. Should Fanale fail, for any reason, to provide rental housing, then the affordable housing may be offered for sale, subject to the terms of the Settlement Agreement to be entered into between the Borough and Fair Share Housing Center (“FSHC”). 7. Fanale shall provide a clubhouse and pool as recreation amenities for the use of its residents (of the market-rate units and the affordable units, as set forth in the Settlement Agreement). There shall be a minimum of 2,000 SF of clubhouse and a 1,000 SF pool. The Settlement Agreement is subject to Court approval following a duly noticed “fairness hearing”. The purpose of this notice is to inform the public that a fairness hearing has been scheduled on the date set forth herein before the Honorable Christine A. Farrington, J.S.C. 8. Fanale has an obligation to deed restrict 20% of the residential units in the Inclusionary Development (up to 40 units) as very low, low, or moderate income affordable units. Of the affordable units, 13% shall be affordable to very low income households and 37% shall be affordable to low income households, while 50% of the units shall be affordable to moderate income households. All units must comply with applicable regulations, including UHAC. The obligations of the Borough are as set forth in the Agreement, including those obligations identified in Article IV of said Settlement Agreement. 9. Any interested party, including any low or moderate-income person residing in the housing region (Bergen, Hudson, Passaic and Sussex Counties), any organization representing the interests of low and moderate-income persons, any owners of property in the Borough, or any organization representing the interests of property owners in the Borough, may file comments on, or objections to, the Settlement Agreement. Such comments or objections, together with copies of any supporting affidavits or other documents, must be filed, in writing, on or before February 15, 2020. Written responses by any of the parties to the comments shall be filed on or about February 15, 2020. Such comments, objections and responses, together with copies of any supporting affidavits or other documents, must be filed in writing with the Honorable Christine A. Farrington, J.S.C., at the Bergen County Courthouse, located at 10 Main Street, Hackensack, NJ 07601, with copies of all papers being forwarded by mail or e-mail to Elizabeth McManus, PP (court-appointed Master), of Kyle McManus Associates, LLC, P.O. Box 236, Hopewell, NJ 08525, bmcmanus@kylemcmanus.com; Brian M. Chewcaskie, Esq., of Cleary Giacobbe Alfieri Jacobs, LLC, 169 Ramapo Valley Road, Oakland, NJ 07436, bchewcaskie@cgajlaw.com; Adam Gordon of FSHC, 510 Park Boulevard, Cherry Hill, NJ 08002, adamgordon@fairsharehousing.org, and Gregory Meese, Esq., of Price Meese Shulman & D’Arminio, PC, 50 Tice Boulevard, Woodcliff Lake, NJ 07677, gmeese@pricemeese.com. Any person wishing to be heard, whether or not an objection has been filed, shall advise the Court and all counsel of record, in writing, on or before February 15, 2020. Failure to provide such written notice will preclude presentation of any evidence, oral presentation or argument. This notice is intended to inform all interested parties of the existence of the proposed Settlement and possible consequences of Court approval of the Settlement Agreement and HEFSP. It does not indicate any view by the Court as to the merits of the lawsuit, the fairness, reasonableness or adequacy of the proposed settlement, or whether the Court will approve the settlement or enter any order or judgment in connection therewith. The Record: January 24, 2020 Fee: $141.90 AD#4014662

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Borough of Hampton Hopes to Settle Mt. Laurel Issue

Public Notice:



HUNTERDON COUNTY JACOB HABERMAN, Plaintiff, v. THE PLANNING BOARD OF THE BOROUGH OF HAMPTON, THE COUNCIL OF THE BOROUGH OF HAMPTON, and THE MAYOR OF THE BOROUGH OF HAMPTON, Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, HUNTERDON COUNTY (MOUNT LAUREL II) DOCKET NO. L-6527-81 Civil Action NOTICE OF PROPOSED SETTLEMENT TO: All Interested Persons A hearing will be held on May 29, 2015 at 10 a.m. before the Honorable Peter A. Buchsbaum, J.S.C. (retired, on recall) in the Hunterdon County Justice Complex, 65 Park Avenue, Flemington, New Jersey 08822, to consider the entry of a Final Judgment of Compliance in favor of Hampton Borough based upon a proposed Litigation Settlement Agreement which has been submitted to the Court. Entry of a Final Judgment of Compliance would declare Hampton Borough in compliance with its obligations to provide realistic opportunities for housing affordable to low and moderate income households under Southern Burlington County N.A.A.C.P. v. Mt. Laurel Township. Entry of a Judgment of Compliance may bar, for six years, any claim that Hampton Borough is failing to provide sufficient realistic housing opportunities for low and moderate income households. In the pending cross-motion filed by Jacob Haberman, Mr. Haberman has requested modification of Hampton Borough’s 11/18/91 Final Judgment on Compliance to allow development permitted under the 1991 Judgment to be constructed on the north lot (Block 23, Lot 1) of Mr. Haberman’s property, to allow an on-site setaside in lieu of a financial contribution for housing rehabilitation and to allow construction of necessary infrastructure in lieu of the financial contributions for infrastructure improvements called for under the 1991 Judgment. Mr. Haberman claims that these modifications will provide adequate realistic opportunities for housing affordable to low and moderate income households to meet the needs of persons residing in Hampton Borough and to meet the needs of Hampton Borough’s fair share of present and prospective regional housing need. Hampton Borough has denied these claims. The parties have agreed to settle the case upon the following terms: 1. Hampton Borough has an obligation between now and 2024 to create realistic opportunities for 27 units of safe, decent housing affordable to low and moderate income households. 2. The Borough will maintain the present AH-Affordable Housing Zone designation of the north lot (Block 23, Lot 1) and the south lot (Block 24, Lot 2) owned by Plaintiff Jacob Haberman for an inclusionary development. The inclusionary development shall consist of 333 dwelling units, all of which shall be constructed on the north lot. The 333 units will include 300 market-rate units and 33 units to be affordable and deed-restricted for occupancy by low and moderate income households. None of the dwelling units may be rental units except that some or all of the 33 low and moderate income units may be in the form of group homes for developmentally disabled persons. 3. Pursuant to Schedule A attached to the proposed Litigation Settlement Agreement, the present AH zoning shall be amended to permit the development of 333 dwelling units on Mr. Haberman’s north lot at a gross density not exceeding 2.4 dwellings per acre. The amended AH zoning shall also permit 6,000 square feet of commercial/retail uses. The area and bulk requirements for the permitted dwelling types, which include small lot single-family detached homes, multi-family, townhouse and other attached dwellings, are set forth in Schedule A to the Litigation Settlement Agreement. 4. The full text of the proposed Litigation Settlement Agreement, including a map of the north and south lots, and all documents supporting the Settlement may be examined and copied during regular business hours at the Hampton Borough Clerk’s Office or may be obtained by written request to: Guliet D. Hirsch, Esquire Archer & Greiner, P.C. Countryside Plaza North 361 Route 31, Building E Suite 1301 Flemington, NJ 08822-1722 5. (a) Any interested party, including any low or moderate income person residing in northern New Jersey, any organization representing the interests of low or moderate income persons, any owner of property in Hampton Borough and any organization representing the interests of owners of property in Hampton Borough may file objections to the proposed Litigation Settlement Agreement and may present evidence in support of such objections. Objections must be filed in writing together with copies of any supporting affidavits or documents no later than May 22,2015 with the Honorable Peter A. Buchsbaum, Hunterdon County Justice Center, 65 Park Avenue, Flemington, New Jersey 08822. Copies must simultaneously be filed with the Hunterdon County Clerk, Hunterdon County Justice Center, 65 Park Avenue, Flemington, New Jersey 08822, with Guliet D. Hirsch at the address listed above and with the Hampton Borough Clerk, Cathy Drummond, at the Hampton Borough Municipal Building, 1 Wells Avenue, P.O. Box 418, Hampton, N.J. 08827. (b) Any party wishing to do so, may attend the hearing scheduled for May 29, 2015 beginning at 10 a.m. and ask questions, make objections or comments or provide testimony with respect to the proposed Mount Laurel Settlement Agreement. 6. This notice is provided by Order of the Law Division of the Superior Court. It is intended to inform all interested parties of the existence of the proposed Litigation Settlement Agreement and the possible consequences of Court approval of this settlement. It does not indicate any view by the Court as to the merits of the lawsuit or the fairness, reasonableness, or adequacy of the proposed settlement and does not indicate that the Court will approve the settlement or enter a Judgment of Compliance. ($104.72)

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Jersey City to Hold Master Plan Rexamination Hearing

Public Notice:


Public Notice/Legal Ad Jersey City Master Plan Reexamination Report and Amendments Please be advised that the Jersey City Planning Board will hold a Public Hearing on the matter of a Master Plan Reexamination Report and Amendment on April 7, 2015, at 5:30 PM in the Council Chambers, City Hall, 280 Grove Street, Jersey City, NJ. The Master Plan Reexamination Report will address the need for formula business restrictions. The Master Plan Amendment includes updates to the Land Use Element regarding Redevelopment Plans and Additional Land Use Regulations as it pertains to restrictions on formula businesses uses. All interested persons with comments or questions regarding the re-exam and amendments are invited to attend the meeting and will be given an opportunity to address the Planning Board. Formal action may be taken by the Planning Board at this Public Hearing. The Master Plan Reexamination Report and Master Plan Amendment are currently available for public inspection or email. The aforementioned documents can be viewed at the Office of the City Clerk, City Hall, 280 Grove Street, Jersey City, New Jersey and the Division of City Planning, 30 Montgomery Street, Suite 1400, Jersey City, NJ. If you have any questions regarding the above referenced matter, please contact the Division of City Planning at 201-547-5010. Christopher Langston, Chairman Jersey City Planning Board 03/27/15 $121.46
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Happy New Year from the Sprung Planning Company

As we enter 2015, with what appears to be the economic winds at our back, I wish you and your family a happy, healthy and successful year.  Lets make it a great one.

Matt Sprung, PP, AICP

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