June 6, 2012 THE VILLADOM TIMES I • Page 17 Bivona addresses impact of golf course sale by Frank J. McMahon Franklin Lakes Mayor Frank Bivona met with about 200 residents of the borough and the surrounding area recently to explain the potential impact of the recent sale of the High Mountain Golf Course to a developer. There were many residents of the Township of Wyckoff in the audience because part of that township borders on the golf course property and could, therefore, be impacted by the development of the 131-acre site. Bivona explained to the crowd that the golf course borders the borough’s nature preserve and residences in Wyckoff and North Haledon. As a result, the development could impact a wide area surrounding the borough. He emphasized, however, that the golf course property is entirely located in Franklin Lakes and is zoned for residential one-acre lots. He said that the two families that own the property, the Galenkamps and the McBrides, have entered into a contract with Toll Brothers Inc of Horsham, Pennsylvania, which is a large, publicly-traded company, but there has been no closing on the sale because the contract is contingent upon certain conditions being met. Bivona said the development of the property for singlefamily homes on one-acre lots would require a subdivision approval from the planning board, but if the developer wants a greater density of housing on the site, as is expected, the property would have to be rezoned by the borough council. “I do expect that Toll Brothers will request a higher density then is now zoned for the site,” Bivona said. He dismissed the possibility of the borough buying the property because of its $36 million price tag. He explained that, due to the decline in sport of golf over the past 20 years, the land is more attractive to sell than to use as a golf course. He said public funds are not available to purchase the property, and there is not much the borough can do to keep it as a golf course. Bivona described the potential impact of the additional housing on the environment, the ground water and septic systems, and traffic. He also covered the effect on the local school system, the police and fire departments, and the department of public works. He explained that, while the development of the site would bring in more taxpayers, it would put a strain on the borough and the additional tax revenue does not always cover the cost of the services the borough would have to provide. According to Bivona, the borough can say no to rezoning the property, but that would likely be challenged in court under the state’s affordable housing law. If the issue went to court, he said, the borough could end up with even higher density housing, which is what happened with the Mill Pond site on Old Mill Road. He pointed out that the current affordable housing law requires a minimum of eight units per acre which, if imposed by the court, could result in 1,000 units being built on the site. Bivona emphasized that he did not believe that is the intention of Toll Brothers, but if the borough refused to rezone the property, there would be a legal challenge and thedevelopment would then be out of the control of the borough. “So it makes sense to negotiate in the best interest of Franklin Lakes,” Bivona told the crowd. “We met with Toll Brothers and we told them we want the site developed in the best interest of Franklin Lakes, and we want it developed in the right way. “If you do so, you will not find a better partner,” Bivona said he told the developer. “If you go in the interest of Toll Brothers, we will fight you every step of the way.” Stuart Koenig, the borough’s affordable housing attorney who has extensive experience in that area, explained the history of the borough’s affordable housing obligation under state law and how the borough’s obligation was previously reduced from a 350 affordable housing units to 109 units, not counting the golf course property. He explained that the affordable housing rules of the Council on Affordable Housing were set aside by the Appellate Court and legal arguments are expected to be made before the state’s Supreme Court in the fall. Once the borough’s affordable housing obligation in terms of numbers is established, however, he said the golf course could not be considered open space and, if there were litigation, the borough could be exposed to a “huge” number of affordable housing units. Koenig emphasized that the developer’s goal is to build the greatest density of homes with the lowest number of affordable housing units. “High density” housing was defined as a combination of single-family houses on smaller than one-acre lots with some multi-family housing and townhouses. “My role is to protect the municipality from that huge development impact,” Koenig said. Franklin Lakes Borough Attorney William Smith explained the chronology of the Mount Laurel affordable housing law and explained that the borough’s obligation of 109 affordable housing units in the second round of COAH rules did not consider the golf course property. Now, he said, the borough must decide whether to rezone the property or wait for a lawsuit to force the borough to do so. “Trenton is in a state of confusion right now,” Smith (continued on page 23)