Borough Complies With Court Order for Meer Estate Property

The adopted a resolution in compliance with a court order to amend the intended development purposes for housing on the Meer Bloomingdale Estate tract on Federal Hill from for-sale units only to for-sale and rental units.

Former Borough Attorney Joe McMahon spoke to the council about the resolution, as he said he has been involved with the issue since 2005, and said that originally, the for-sale units only designation was ruled by a Superior Court judge in Passaic County. McMahon said the judge made the ruling after contruction company D.R. Horton and Bloomingdale Joint Venture had sought to build a 360-unit building on the 182-acre property with 72 units being designated as affordable housing.

The borough has obligations to provide a certain number of affordable housing units under the Council on Affordable Housing (COAH). The borough receives double affordable housing credits for each rental unit.

As the borough sought more affordable housing credits, McMahon said the borough urged the judge to allow 20 rental units, which would have provided for 40 affordable housing credits, but in 2007, McMahon said the judge ordered that the borough adopt a resolution only allowing for for-sale units on the property in the best interest of the developer.

"There was a rather dramatic change in the market," McMahon said, at which point D.R. Horton decided to walk away from the project. Since then, Bloomingdale Joint Venture has been seeking another developer for the land, but has had trouble based on the for-sale only designation of the building.

After 2008, Passaic County Judge Thomas Brogan entered a new order which allows for rental units on the property as well. On Oct. 11, McMahon said, Brogan ordered the Borough of Bloomingdale to enact an amending ordinance that allows for for-sale or rental units on the land.

"Whether you want to do it or not, you're under the order of Judge Brogan to do it," McMahon said.

The council introduced the ordinance by title Tuesday, with intentions to adopt at the Nov. 22 meeting. Councilman Glenn Schiffman was the only councilmember who voted against the ordinance.

After the meeting, Schiffman said he voted against the amending ordinance because he does not feel decisions that affect the borough should be made by a county judge. Schiffman said he projects traffic to increase on Union Avenue as a result of the development, as well as other potential developments in the area, and that the borough will be faced with the costs of policing and installing traffic signals.

"This town has a master plan," he said, indicating that the borough should be able to decide what fits and what does not into that plan.

If the entire development becomes rentals, McMahon said the borough could obtain 144 affordable housing credits on the property.