New Milford BOE Enters into Contract for 'Field of Dreams' with Hekemian

Jaws dropped and tensions mounted during Tuesday's Zoning Board meeting at the revelation that the New Milford Board of Education (BOE) had entered into a separate agreement with the developer of the United Water property to receive a parcel of land to build a 'field of dreams.' 

Attorney for the applicant, Antimo "Andy" DelVecchio, informed the Zoning Board that Hekemian had entered into a "conceptual contract" with the New Milford BOE to donate "in excess" of three acres of property to construct a field of dreams-like "state of the art" athletic field and stadium on a parcel of property that is not subject to flooding. DelVecchio stressed that the developer is not building the athletic stadium, they are only donating the land and a "sizable donation" for the BOE to have it constructed.

The three-acre area to be donated for the field lies where the site plans currently have a storm water detention basin. DelVecchio said that the storm water detention basin will be moved to the current softball field, but an easement will be provided to allow for the basin. Underground pipes will be installed to drain the water from the new field site into the retention basin to alleviate any potential flooding. (The softball field will remain the property of the BOE.)

Although the fields will move to the new property, the track will remain where it is. However, DelVecchio said that the developer will provide grading around its exterior perimeter so that it remains dry, "except in a flood event." 

According to DelVecchio, the property donation is Hekemian's response to the community's concern. "This will permit the Board of Education to construct a state of the art athletic field, one which is not going to be subject to the routine flooding that the public has complained about, that the board and the athletes of this community have endured, that have been thrown in front of us many times during the course of these hearings," DelVecchio said. 

"We have listened to the public and the board's concerns about scope of the housing and we're doing the same thing here as we listen to the concerns for providing for the school children and the athletic department and the Field of Dreams group--all who sought additional land to create that state of the art athletic complex that we have been told that this community would like," he added.  

According to DelVecchio, the contract between Hekemian and the BOE is contingent upon Hekemian receiving the necessary approvals from the Zoning Board to construct a 70,500 sq. ft. supermarket, a 4300 sq. ft. bank and 24 fair market housing units on the 13-acre property.

The attorney for the New Milford BOE, Jane Gallina Mecca of the Fair Lawn law firm Fogarty & Hara, echoed that by saying that the contract between Hekemian and the BOE is contingent on receiving approvals not only from the Zoning Board, but from the Department of Education, the county, the Department of Environmental Protection (DEP) and any other agency that may have jurisdiction.

In an earlier interview, Superintendent of Schools, Michael Polizzi, said that the Board of Education has been involved in the potential development of the United Water property before the plans were even filed. What they had not been involved with until recently, is attending the Zoning Board meetings regarding the development.

In talking about his March 2013 letter to the Zoning Board, Polizzi told Patch that he and the BOE do not believe that the property should be left completely undeveloped. Polizzi said that included in the letter was the BOE's belief that the parcel of land where Hekemian originally had slated a field remains an ideal location for a field.

At the time he said, "By asking [Hekemian] to consider a field, we feel that this is an opportunity for a good neighbor concept where the developer can dedicate, donate, or possibly consider a long-term lease of $1 per year for use of a large enough parcel of land to get our fields out of the flood zone."

Given the dramatic turn of events, Zoning Board attorney Scott Sproviero asked Delvechhio, "What happens next?" because questions arose as to whether or not the resulting amended application constitutes a new application.

DelVecchio said that he is filing a letter of intent with the Board on Wednesday, followed by the amended application. Sproviero said that until the Board sees the letter of intent, along with the amended application, a determination cannot be made.

DelVecchio concluded by saying, "If we can't secure the necessary governmental approvals to make this happen, our intent is to continue the application as constituted today."  

Al Alonso, an attorney representing himself, said that this substantial change will result in his making a motion to dismiss this application.

Frustrated by the evening's turn of events, acting Chairperson Eileen DeBari commented, "It's just a little mind-boggling that at the eleventh hour all of this comes to fruition."

In response, Sproviero said, "With all the twists and turns this application has taken over the past 16 months, you're surprised?"

The continuation of the hearing on this matter is scheduled for Thursday, May 23 at 7 p.m. in the Council Chambers of Borough Hall.

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