OLD TAPPAN, N.J.—If everything goes as planned, the developer proposing to build a 225-unit mixed-use development on the 19-acre former Pearson Education property—arguably the largest multifamily development ever in Old Tappan—should offer a first glimpse of the new development at the next Planning Board meeting Nov. 13.
As part of the borough’s affordable housing settlement, the proposed development includes 39 affordable units.
These affordable units are required to be built because the former commercial property was included with an affordable overlay zone, which limited development to 12 units per acre and required an affordable housing set-aside should the property be redeveloped.
At the Oct. 9 meeting, board members and applicant professionals discussed a series of minor modifications required by board professionals on preliminary site plans and the applicant agreed to fix most prior to submission of a public notice—which must be published at least 10 days in advance of the Nov. 13 meeting.
It’s also likely Planning Board members may discuss any questions remaining about the modifications prior to hearing applicant experts’ testimony, said planning officials.
Some modifications requested Oct. 9 include means of screening for utility boxes; locations of all existing buildings, plus other physical structures, with indications of what remains and what will be removed; utility lines’ locations; and specifics on all proposed streets.
Other modifications included marking storm drainage systems; lot, block and street numbers on abutting properties; accurate street grading elevations; profiles of storm, sanitary sewers and water mains; written certification of compliance with borough ordinances; a cost estimate for all improvements, and drainage.
Once the Plannning Board deems the preliminary site plan application “complete,” the applicant can present its expert witnesses before the board, which is expected Nov. 13.
4-0 vote to rezone
At a June 17 council meeting, council members voted 4-0 a adopt a rezoning measure paving the way for a 225-unit mixed-use development, including 99 townhomes, 126 rental units, and 39 affordable units.
The council faced a June 24 compliance deadline in Superior Court on its affordable settlement and faced possible loss of immunity on June 30 if the council delayed action on a 22-page rezoning ordinance.
Voting to rezone were councilmen Victor Cioce, Jin Yhu, Thomas Gallagher and Guy Carnazza. Councilmen Ronald Binaghi, Jr. and Matthew Nalbandian recused themselves from voting due to conflicts of interest.
The rezoning ordinance creates a new PRD-2 zone, Planned Residential Development, Affordable Housing District, on Lot 7, Block 1606, covering the former Pearson property.
Pearson vacated in 2014
The site and two former Pearson buildings were vacant since 2014 when the publishing company moved to Hoboken.
At a tense June council meeting, an attorney representing businesses at Bi-State Plaza alleged that the ordinance to rezone property at 200 Old Tappan Road was inconsistent with the borough Master Plan, Master Plan Re-Examination and zoning ordinances because it allowed mixed-use development for the first-time ever in Old Tappan.
No legal appeal was filed following the June decision by Bi-State businesses.
Borough Attorney Allen Bell said the council could approve the rezoning ordinance even if inconsistent with the Master Plan as long as it was consistent with the borough’s Housing Element and Fair Share Plan ordinance.
12 units per acre
Prior to its final 2017 affordable housing settlement, the Pearson site went up for sale and borough officials were able to negotiate with Fair Share Housing Center to include an overlay zone up to 12 dwelling units per acre, with a set-aside for affordable units—15 percent for rentals and 20 percent for market-rate.
Following the vote to rezone, five speakers brought up possible effects of a 225-unit development, including impacts on schools, building heights, stream buffers, “sensitive” development keeping in community character, and whether the 225 proposed units are age-restricted to 55 or older. The units are not age-restricted.
With a late June compliance hearing on its affordable housing settlement, council members faced a possible loss of builder’s immunity from a Superior Court judge should they have postponed a vote on rezoning the former Pearson property.
If that occurred, Old Tappan would open itself up to possible “builder’s remedy” lawsuits for being non-compliant with its affordable housing settlement.
Councilman Jin Yhu said then that council members “have guns pointed at our heads” by the Superior Court and Fair Share Housing Center to take action to implement its settlement.
The former Pearson Education property was sold to 200 OTR LLC, of Park Ridge, on Oct. 15, 2018 for a sum of $11,495,435.
“We look forward to building this unique project in Old Tappan. Given the site’s prime location within the borough, we feel it’s important that the development fits within the overall feel and fabric of the community,” said Elliott Hornblass, a principal in 200 OTR LLC via email Oct. 23.