Franklin Lakes January 9, 2013 THE VILLADOM TIMES I • Page 3 Council decides against rezoning of residential lot by Frank J. McMahon The Franklin Lakes Council has decided not to adopt an ordinance that would have rezoned a 3.2-acre residential lot at 724 Franklin Avenue from its existing A-22.5 residential zone to an LB-1 limited business zone in order to permit construction of a residential style office building. The rezoning idea was presented to Mayor Frank Bivona and the borough council in October, when the applicant and contract purchaser of the property, ABJC Investments, LLC, whose principals are Anthony Berardi and Joseph Commorata, advised the governing body that they would like to construct a 13,500 square foot, two-story professional office building on the lot, built 50 feet back from Franklin Avenue in a Dutch colonial residential style, with parking for 57 cars at the rear of the building. A single-family house and a garage are currently located on the site, which also includes a 50-foot wide extension to Shirley Avenue, which is adjacent to this site. One acre of the rear of the property, which backs up to the Becton Dickinson & Company property, is impacted by wetlands. The council voted 3-2 the defeat a motion to adopt the ordinance, with one council member not voting because of a potential conflict of interest. The adoption of the ordinance would have required four affirmative votes, because the planning board previously found that the ordinance was not consistent with the borough’s master plan and, due to a tie vote, defeated a motion to recommend the rezoning to the council. The ordinance had been the subject of extensive discussions by the council at previous meetings that included presentations by the applicant and various professional experts. The ordinance was also the subject of a lengthy discussion at a special meeting of the planning board. At the council’s last meeting of the year, Councilman Charles Kahwaty made a motion to adopt the rezoning ordinance. That motion was not immediately seconded, but was ultimately seconded by Councilman Thomas Lambrix. Following another presentation by the applicant’s planner and traffic expert and another discussion by the council, the motion was defeated with Councilwoman Paulette Ramsey and Councilmen Lambrix and Frank Pedone voting against it, while Kahwaty and Councilman Joseph Kelly voted in favor of adoption. Councilwoman Nathalie Lota recused herself from the discussions and the vote. Prior to the vote, Bivona voiced his support for the ordinance, saying he understood the opposition to the proposal, but was concerned about the possibility of a more densely designed affordable housing project being built on the site. Kahwaty also voiced his support, citing the fact that commercial property adjoins the site, the rezoning would increase tax ratable, and the fact that the majority of the neighbors supported the rezoning. Ramsey explained her vote, saying it was premature to rezone the site when it is not clear what effect the new sewer project will have on the business district. She noted that the adjacent residential neighborhood is not in decline, and the traffic in the area is already congested. “This is a residential neighborhood and people want to live there,” she said. Lambrix noted that the business district is specifically designed to stop at Pulis Avenue and, if this rezoning proposal were approved, arguments could be made for every other house on Franklin Avenue to be rezoned. “Where do we draw the line?” Lambrix asked. Pedone, who attended the meeting via a phone connection, cited the potential traffic problems the rezoning could cause. He expressed concern that the rezoning could lead to the rezoning of the adjacent properties, and he explained he did not want to vote for the rezoning without seeing the report from the borough’s planner concerning the future of the business district. By virtue of a tie vote, the members of the Franklin Lakes Planning Board effectively defeated a motion to recommend the rezoning of a residential lot to the borough council. The rezoning ordinance, which was proposed by the council and forwarded to the planning board for review, concerned the rezoning of a residential property on Franklin Avenue to an LB-1 limited business zone so a residential style office building could be built on the 3.2-acre lot. The LB-1 zone permits business and professional offices, gift and antique shops, nurseries and greenhouses, and municipal buildings and uses. During a four-hour special meeting, the planning board quickly determined that the rezoning proposal was not consistent with the borough’s master plan. However, most of the Rezoning recommendation defeated meeting was devoted to an in-depth discussion of the benefits and detriments of the rezoning ordinance and whether the board should recommend it to the council in spite of the fact that it was inconsistent with the master plan. The board listened to a presentation about the rezoning plan from Joseph Burgis, a professional planner hired by contract purchaser ABJC Investments, LLC, whose principals are Anthony Berardi and Joseph Commorata. Commorata explained the benefits of his proposal, and described the potential types of development that could occur on the site should the rezoning proposal not be approved. The board also received guidance from Elizabeth McManus, the borough’s professional planner, and (continued on page 6)