BY MIKE MONTEMARANO
OF PASCACK PRESS
MONTVALE, N.J.––S. Hekemian Group, the developers who own and have proposed housing at the former Mercedes-Benz headquarters, were granted the ability to intervene in the borough’s ongoing affordable housing litigation.
The decision to file for intervention came two days after Mayor Mike Ghassali’s tie-breaking decision on June 27 to shut down an ordinance that would have rezoned the property to make way for development to take place, after more than 100 residents attended the public hearing about the ordinance.
Prior to the ordinance getting voted down, the proposed plan included 300 housing units, and other commercial businesses properties, before Hekemian decided to file for an all-residential proposal with 1,000 residential units, Ghassali reported in a message to constituents.
The borough passed a resolution to hire special counsel to represent Montvale’s interests in affordable housing litigation. Jeff Surenian, who specializes in affordable housing litigation, has worked extensively with other municipalities in the past.
Judge Menelaos Toskos of the Superior Court granted Hekemian the hearing on Aug. 4, Mayor Ghassali stated.
“There is reason for optimism, however, because although Hekemian will have certain rights as a party to this litigation, the Court emphasized that Hekemian will not be able to hold the Borough hostage if we can reach a satisfactory settlement with Fair Share Housing Center that is acceptable to the Special Master and the Court,” Ghassali wrote in a letter to the public on Aug. 4. “In addition, the Court did not rule on whether the Mercedes site is suitable for an inclusionary development, never mind the 1,000 units that Hekemian claims the property can support.”
Montvale’s elected officials now aim to reach an agreement with the courts. Ghassali hopes they can negotiate their obligation with the group to a point where Hekemian won’t be able to develop their proposed plan, which incorporates buildings that are four floors high. Widespread concerns over the proposal among the mayor and council include an excessive burden being placed on Montvale’s school district, traffic controls, and other public programs.
Mayor Ghassali, and other council members, have stated the importance of acting proactively during meetings, in order to come up with an agreement before their immunity to builder’s remedy lawsuits ends.
On the Borough of Montvale’s website, under an affordable housing explainer, it states that the town did not receive Substantive Certification from the court in the third round of housing obligations. Substantive Certification gives municipalities a definitive amount of time in which they are immune from builder’s remedy lawsuits. The Substantive Certification the borough was granted during the past round of obligation, but none was granted in the third round due to the disbanding of the Council on Affordable Housing (COAH).