Page 4 THE VILLADOM TIMES I • February 5, 2014 Franklin Lakes Zoning board sued over affordable housing denial by Frank J. McMahon The Franklin Lakes Zoning Board of Adjustment’s denial of a use variance to build additional affordable hous- ing in the borough has been appealed in Superior Court. In April 2013, Joseph Commorata, a principal of ABJC Investments, LLC, submitted an application seeking approval of a use variance to build 24 residential units, including five affordable housing units, in two buildings on a 3.2-acre residential lot at 724 Franklin Avenue. The site currently has a single-family house, a garage and a shed, and is adjacent to Shirley Avenue. The zoning board considered the merits of the applica- tion at three public meetings. On Oct. 3, 2013, the board unanimously voted to deny the use variance. Commorata’s lawsuit contends that, like every munici- pality, Franklin Lakes has a constitutional obligation to create a realistic opportunity for its fair share of affordable housing and that the borough had assured the state’s Coun- cil on Affordable Housing that the zoning board would grant use variances when opportunities arose to enable construction of affordable housing. “It is unconscionable that the zoning board denied this use variance,” stated Robert Kasuba, Commorata’s attor- ney, “even though the applicable zoning would permit the construction of single family mansions that would be just as large, if not larger, than the two proposed buildings that are part of this application.” Kasuba maintains that the denial was inconsistent with the law, including the state’s municipal land use law, and the borough has not met its obligation to provide afford- able housing. He claims Commorata’s plan is inherently beneficial and he argues in the lawsuit that “the applica- tion satisfied the positive and negative criteria to be enti- tled to the variance but, only with the court’s intervention, will these affordable housing units be constructed.” During those zoning board meetings, several board members offered various opinions on how the site could be developed to avoid the need for a use variance. Zoning Board Attorney Robert Davies contended that the case law he has reviewed indicated that an inherently beneficial use exists only when an affordable housing project would con- sist of 100 percent affordable housing units. The current zoning of the property (A-22.5) does not permit multi-family residential uses as either a permitted use or a conditional use. Kasuba argues in his lawsuit that the property is located in an area that contains a variety of mixed land uses, such as the Becton Dickinson Company to the south, single-family homes to the west on Shirley Avenue, and the Twin Brook Nursery to the east, while across Franklin Avenue there are single-family homes, a chiropractor’s office, and a gas station. Kasuba claims ABJC Investments designed the pro- posed development to meet many of the requirements of the A-22.5 zone and designed the layout of the proposed development to be sensitive to the existing surrounding properties. He also states that, during the public hearing (continued on page 21) Like many other northern New Jersey communities, Franklin Lakes has recently experienced a modest increase in the amount of coyote sightings in the borough. The coyote population within the state has increased during the last 30 years, with appearances having been documented in all 21 counties. Coyotes are members of the dog family, and resemble German shepherds, but have a longer snout and a bushy tail. They may also display various coat colors, such as blonde, black, or red. Coyotes are extremely adapt- able and survive on rabbits, mice, birds, weakened deer, human food, garbage, and pet food, if made available to them. Access to human food and trash may attract coyotes, which could potentially lead to contact issues. Generally, they will avoid people, but may attack small pets that are left unattended. According to the New Jersey Division of Fish and Wild- life, coyotes play an important role in the ecosystem by keeping certain pest populations under control. Some recommendations proposed by the state Division of Fish and Wildlife, with respect to living in proximity to these animals, include the following: • Never deliberately feed coyotes • Feed all domesticated pets indoors • Place trash in tightly closed containers that cannot be easily tipped over • Remove sources of outside water, if possible • Bring pets in at night • Remove bird feeders at night, to avoid attracting coyote prey (rodents) • Provide secure enclosures for rabbits, poultry, and other such animals • Pick up fallen fruit and cover compost piles • Monitor small children, even in backyards • Install motion-sensitive lighting around the house • Clear brush and dense weeds from around dwellings, as they attract coyote prey • If a coyote presents itself, make loud noises, blast an air horn, throw rocks, or spray it with a garden hose Borough residents are encouraged to contact the Frank- lin Lakes Police Department at (201) 891-3131 if a coyote is observed in a residential area. The department’s protocol is to monitor the coyote and alert individuals who are out- doors and in the vicinity. In the highly unusual event that a coyote displays a lack of fear of humans, or aggressive ten- dencies, in addition to contacting the Franklin Lakes Police Department, residents are also urged to notify the New Jersey Division of Fish and Wildlife at (908) 735-8793. Additional information is available on the New Jersey Division of Fish and Wildlife’s website, http://www.state. nj.us/dep/fgw/coyote_info.htm. Residents are also encour- aged to sign up on the borough’s website, www.franklin- lakes.org, for “e-blasts” -- e-mails sent by the borough on issues of importance and interest. Coyote activity prompts caution