WOODCLIFF LAKE, N.J.—A lawsuit to overturn a July Zoning Board of Adjustment decision denying a proposal for construction of a 60-unit, two-building development at 188 Broadway was filed Sept. 19 by the applicant’s attorney.
Zoning Board members voted unanimously, 7–0, on July 23 to defeat the proposal. The vote followed eight hearings, attended by many, including members of a local group opposing over-development of Woodcliff Lake.
Immediately following the proposal’s defeat, applicant attorney James Delia said the decision did not follow evidence presented or the law, that the decision was wrong, and that the complex was “particularly suited” to the site.
Nine ‘affordable units’
Due to the borough’s affordable housing set-aside ordinance, the 60-unit rental complex would include nine affordable units, said Delia.
Rental units require a 15 percent set-aside and market-rate units require a 20 percent set-aside in multifamily housing of five or more units.
Applicant planners argued the affordable units would be a plus to address local affordable obligations but zoning members maintained that the property was intentionally not made part of an overlay zone in its affordable settlement and was not needed for that purpose.
‘Unreasonable’ decision
The lawsuit charges that the Zoning Board’s denial was “arbitrary, capricious and unreasonable” and that current zoning on the property, which includes a special office district and a single-family zone, is invalid due to the borough’s failure to re-examine its Master Plan within 10 years.
The lawsuit alleges Zoning Board members “improperly relied upon traffic concerns to deny the application” and points out that the property, which sits on a county road, had already received approval by the county Planning Board.
Throughout the run of hearings, board members—including Chair Christina Hembree—repeatedly raised traffic concerns both locally and regionally, and several times pressed the applicant to provide extra traffic analysis or details.
The applicant provided traffic details requested, although members and residents questioned the applicant traffic expert’s numbers—especially given high daily traffic volumes and congestion.
Generally, the borough engineer agreed with traffic counts presented by the applicant traffic consultant for traffic generation from both a residential complex and office facility, with less volume and disruption likely from the residential development.
The property includes a vacant office building. Development would have required approval of a use variance to construct residential units at the location.
High density noted
During comments made before voting to deny the application, members noted problems with traffic, a zoning change, high density, lack of open space, and a lack of benefits for the borough. Several members also called out a lack of applicant testimony on why the existing office building could not be leased out or occupied as office space.
The ZBA includes members Gary Newman, Sanjeev Dhawan, Emilia Fendian, Robert Hayes, Robin Malley, and John Spirig.
The public hearings generally drew a dozen or more residents from SHINE, the local group opposed to “high-density overdevelopment” that they predict would change the borough’s suburban character.
The proposed two-building complex included demolition of an existing 43,000-square-foot building at 188 Broadway, and would have included a 36-unit building in the front and a 24-unit building in the rear.
Although members said an affordable set-aside ordinance required the complex to provide nine units, they also stressed those units were not required for borough compliance with its affordable obligations, which the borough had resolved in late 2017.
‘Inherently beneficial’
However, the applicant’s lawsuit cites a 2009 appellate court decision that found a municipality’s compliance with its affordable obligations “does not impact affordable housing’s inherently beneficial use status for purposes of obtaining a use variance,” according to the suit.
In addition, the property at 188 Broadway, purchased in 2018 for $4.5 million, provoked a recent review by Borough Attorney John Schettino when some residents alleged its assessment was unjustly dropped to $4.4 million in 2019. The residents alleged a perceived conflict of interest by the borough tax assessor, James Anzevino.
The property was assessed at approximately $6.9 million in 2018.
Anzevino also works part-time for Paramus, where two partners in 188 Broadway LLP are Paramus Mayor Richard LaBarbiera and Paul Kaufman, Paramus borough attorney.
Schettino’s investigation found that the reduction in property value assigned to 188 Broadway was handled properly.
