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