This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

Can Rezoning Truly Still be on the Table?

Last night was Candidate’s Night at the DEO Middle School.  It gave me a stomach ache.  Hosted by SOD, and moderated by the League of Women Voters, it provided the four candidates running for Town Council  (Thea Sirocchi-Hurley, Ira Grotsky, Diego Robalino and Dominic Colucci) with  an opportunity to present their views to the community.

The United Water property was naturally one of the main topics since it’s a big concern for the town. Taxes were also discussed; and the two were topically intertwined.  All the candidates seem to be against raising taxes to the extent that that’s possible.  Thea and Ira are taking a strong stand AGAINST developing the United Water property. Colucci and Robalino are taking a strong stand FOR developing the property. So much so that, if I’m understanding correctly, in the event the Zoning Board denies this application, Colucci and Robalino are going to pursue another shot at rezoning the property. The justification offered is to save the town money from a lawsuit. This is when my tummy started aching because … they’re not kidding.

Okay …

Find out what's happening in New Milfordwith free, real-time updates from Patch.

Number One

The Council has already taken a vote to re-zone the United Water property (in June), and it was “soundly defeated,” to quote the Patch article.  Four Council members thought it unwise to change the zoning because it would be “detrimental to the Borough,” it would “guarantee a bad use for the property,” “a huge ShopRite will present a nightmare,” and “there’s a smart enough group out there to get a field for our children without trading for a huge monstrosity.”

Find out what's happening in New Milfordwith free, real-time updates from Patch.

Though Mayor Subrizi said the vote would be final, and if defeated the application would be allowed to run its course through the zoning board, apparently Mr. Robalino and Mr. Colucci are not going to be such good sports about it. 

In complete disrespect for their fellow Council members and the process, they want what they want even if it means circumventing all the processes.  And to top it off, they are acting as if the other members of the Council are the immature ones who are failing to be cooperative.

Number Two

As Mayor Subrizi said at the June 19th meeting:  "If the application is denied, it will be appealed, and if the application is approved, it will be appealed."  Zoning Board attorney Sproviero has also said the same thing, and that’s because both sides are prepared to file a lawsuit when the zoning decision comes down.  So how is the rezoning going to save the taxpayers money if it’s going to court either way?  (Don’t forget, Oradell has also hired an attorney to fight this development.)   Will Robalino and Colucci choose NOT to have representation in the event they are sued for rezoning the property?  Is this what they’re meaning?

Number Three

I don’t get the big push to rid ourselves of the 24 apartment units (221 units were a different story; the credit for the reduction goes to the objectors).  Superintendent Polizzi said we are essentially under capacity in the schools, which means a few more kids in each classroom.  I of course don’t want any more development in New Milford, but my concern is more with the 70,000 square foot ShopRite and its massive parking lot. The water has to go a long distance to get around that monster.

Number Four

Following Robalino and Colucci’s rationale of rolling over for developers to avoid lawsuits, this area is under siege by developers. Practically every town with any green space left has developers converging upon it like world war Z zombies upon a living piece of meat. Westwood, Hillsdale, Washington Township, Ridgewood. Right here on Patch, a grassroots group much like SOD ran an ad:  “An American Landmark is threatened by high-rise development. Learn what you can do to protect the NJ Palisades.” 

Point being that there is an endless supply of developers, and a limited supply of available land. Once the greenspace is gone, that won’t even slow the onslaught – because they can knock down single-family homes and put up high-density high-rises. That is exactly what is already being proposed on Madison Avenue, where a knockdown will be replaced with a 14-unit apartment complex, if they have their way.  And that’s just the beginning.

If we rollover for Hekemian and give him what he wants, we might as well accept the fact that this town is done.  Because there’s lots more where this developer came from, and that huge commercial complex will lay the foundation for all commercial properties to come since the character of our neighborhood will change to one that is more suitable for commercial complexes like the one proposed.

Number Five

The reason we don’t negotiate with terrorists is because it encourages terrorism. It makes them and their weapons more powerful.  It also encourages copy cats.  And let’s not forget that terrorists can’t be trusted because they are akin to alligators.  I’m not saying that developers are alligators.  I’m saying that this particular developer gives you a bad feeling and might just take New Milford into a death roll if given the chance.  It’s no coincidence that those who have attended the meetings regularly (more than a two minute appearance), are against the development.

This developer is not coming in and kindly asking if we can change our zoning from residential to commercial (so he can get richer).  He is using every tool in his snotty box to coerce us into making that happen. Bully tactics and intimidation.  Just the type of people we want to cater to and negotiate with (they’re nothing like the nicer and more straightforward developers we’ve had the pleasure of watching during our time in that courtroom).

Last night Robalino said that he believes Hekemian doesn’t really want the apartments, they’re just using that to make us give them their commercial complex.  In the words of The Jerk, “So, it’s a profit deal?!”

You mean the developer’s motive is not as altruistic as they profess?  They’d actually be willing to that easily drop the affordable housing component after spending COUNTLESS HOURS droning on and on and on about our constitutional obligation to provide affordable housing. How nice.  And admirable too.

Number Six

If during the hearings Hekemian has in fact expressed to Mayor Subrizi, Dominic Colucci or Diego Robalino, his willingness to drop the apartments in return for rezoning (as was reported in the Patch http://newmilford-nj.patch.com/groups/politics-and-elections/p/subrizi-s...), then they each have in their possession a tool to disarm this manipulative developer.  They can relay this information to the Zoning Board, on record.  The apartments are the tiny engine driving this big fat train -- this information could potentially derail them and destroy their case.

So the big question is, will they be willing to do this?  And if not, why not?  This past December in a Patch comment Robalino said:

It is not so much that I am in support of this development, the best thing that could be built there is well, nothing. Absent from that option, I can only encourage my fellow Council members to align with me to have the least of all things the developer will push to build there. The least intrusive of which is the one presented at the high school in April 2011. So to answer your question, it is not that I want it, what I would prefer, if I had a magic wand, is for N.M. to own it. Then we can move forward with all the great ideas presented by so many of the residents. It would be our little Utopia.” http://newmilford-nj.patch.com/groups/opinion/p/robalino-addresses-hekem...

So wouldn’t you think he be willing to help remove the threat given the opportunity?

When this development was initially presented to New Milford’s Shade Tree Commission, they rubberstamped it.  Once they became aware of the downside, they reversed their position.  Naive optimistic me thought the same would happen with the mayor, Robalino, Colucci, and the BOE (especially after Dan Connor professed continued involvement and no shrinking away).  I thought for sure once they saw what was happening, New Milford residents would have their support.  I can honestly say I was disbelieving when Robalino put forth his proposition last night to take one last stab at re-zoning. Um … what?

Number Seven

Mary McElroy spoke to the candidates last night.  Having considerable influence, she was largely responsible for the overwhelming turnout at the high school during Hekemian’s original presentation.  She was a strong objector to this development.  She has since changed her position because of the financial strain it will put on our town.  Mr. Robalino and Mr. Colucci also spoke of the financial strain purchasing this property would put on the town.  I share their concerns because no one wants more taxes.  Where are the thousands in taxes going anyway?  As Mary said, we don’t appear to be getting any new services for it.  Who could afford even one penny more in this kind of an economy with nothing more to show for it?

According to DCA, NJ has a 2% property tax cap on the municipal levy in the budget.  There are exclusions, like health insurance and pension service, but legal fees are not one of the costs that would be excluded from the cap calculation.  Legal feels would be considered an operating expense, part of the base to be considered within the 2% increase limit. 

So if New Milford decided to spend two billion on legal fees to defend themselves against this kind and decent developer, then only so much of those funds can be sucked out of the residents since the municipality has to function within this cap. As Thea realistically said last night, in all of her time and her parent’s time living in New Milford, spanning at least half a century, taxes have never gone down.  New Milford residents can expect their taxes to go up regardless of whether this case goes to appeal or not.  It's just the way our system is built.

As for purchasing the property, I believe what Ira said last night was true.  Once this developer is defeated, the price of the property will drop dramatically.  New Milford had this property appraised in August 2010 by Appraisal Systems, and they valued the property at $3 million dollars.  That’s less than half of what we’re looking at now. As was expressed by Dominic last night, values have gone down everywhere, so it’s possible the price would be even less.

At the point that this window opens for New Milford, I have faith that the funds can be raised without burdening New Milford residents.  However, if it turns out that they can’t, we will have improved our situation greatly merely by having removed Hekemian from the equation.

Number Eight

This is the most important part for me, and if I was prone to taking medicine, it would be the Pepto Bismol part.  If the Zoning Board denies this application, it will be because they listened to the evidence and decided that the impact to the community would be too great to allow it. Let me repeat that, THE IMPACT TO THE COMMUNITY WOULD BE TOO GREAT TO ALLOW IT. The negatives outweighed the positives.

So Mr. Colucci and Mr. Robalino want to toss the educated opinions of the members of the Zoning Board in the waste basket and replace them with their own uninformed opinions because they don’t have enough backbone or whatever you want to call it, to take a stand against this developer along with the people they were elected to represent.

Number Nine

The question that has been asked over and over again that has yet to be answered, is WHAT ABOUT THE PEOPLE WHO WILL BE HURT BY THIS? 

It is my opinion that people who are for this development don’t have a right to be for it when someone will be hurt by it. Our whole judicial system is built on the fact that our personal freedom ends when we begin to infringe upon the rights of another. Isn’t that what zoning laws are about, and zoning boards, and laws in general?  Don’t the rights of those who will be infringed upon trump the rights of those who merely want a new Shoprite?

If I heard him right, Colucci actually put forth the ludicrous proposition last night that he would protect the three homeowners on River Road across the street from this development.  I would love to hear how he plans to do that.  Home values, light spillage, noise pollution, traffic, loss of greenspace and a beautiful view … WOW, now that’s some promise.  The rest of New Milford -- high school kids, Washington, Lenox, Madison, senior citizens, etc., sorry for you, I guess you’re on your own since he only mentioned those three homes.

So who will be representing the rest of New Milford -- high school kids, Washington, Lenox, Madison, senior citizens, etc.?  I’ll tell you who.  The four council members who had the backbone and courage to say NO to this development.  The one BOE member who voted against selling New Milford out. Our neighboring town of Oradell. The Environmental & Energy Commission member/recused Zoning Board Chair.  The attorneys, engineers, architects, bartenders, housewives, retirees, dental hygenists, recap specialists, accountants, financial experts, and so on, who took the time out of their busy schedules to come to the zoning board meetings to protect New Milford’s future. And every person who shows up in that courtroom to show their support including one brave little girl who took on the Goliath. 

Number Ten

To ride a horse into the ground and to beat a dead dog simultaneously, I can’t help but think, if Robalino and Colucci lived on Columbia Street, or anywhere downstream of this proposed monstrosity, would they still be so gung-ho on rezoning this property? And if they succeed, will they actually be happy with their victory?

***

Would you want to be the high school students who will be forced to trust that Dolan the traffic engineer was telling the truth when she conveyed that hundreds and hundreds more cars and trucks will actually improve New Milford’s traffic?

Would you want to be the residents on Washington, River, and Madison who will be forced to live with Sussman the appraiser’s “expert opinion” that their home values will NOT be affected?

Would you want to be the guinea pigs on Columbia Street who are going to be forced to test Dipple the engineer’s honor when he assured New Milford residents that the loss of 7 – 9 permeable acres will actually improve the flooding conditions?

Would you want to be a father or mother, who while your children are safely tucked in and sleeping, have a flash flood rising quickly beneath you from within the depths of your home?

If you lived anywhere near this property or downstream of this proposed development, would you be pushing to give this developer what he wants?

***

In the school cafeteria where Candidates Night was held, behind the candidates on the wall to the right it says:  “You must be the change you want to see in the world ~ Gandhi.

It’s not too late to come in and voice your opinion. 

SOD!

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?