Page 4 THE VILLADOM TIMES I • June 18, 2014 Franklin Lakes Mayor, administrator field questions from residents by Frank J. McMahon Franklin Lakes Mayor Frank Bivona recently held a “Meet the Mayor” meeting during which he and Borough Administrator Greg Hart answered questions from the public. Issues included the status of the borough’s affordable housing plan, the special needs housing project that is planned to be built in the borough, and a concern about the flight of Protestant churchgoers from the borough. Bivona pointed out that the affordable housing included in the plans to develop the High Mountain Golf Course would not help satisfy the borough’s affordable housing requirement because the golf course was not included in the borough’s previous affordable housing plan due to the long-term lease that existed on that property. Hart pointed out that, based on the most recent draft of the Council on Affordable Housing regulations, the bor- ough would be obligated to provide 204 affordable housing units. He emphasized that the COAH regulations have been in a state of flux for a decade and there has been a lot of criticism of the new draft regulations by both the propo- nents and opponents of affordable housing, so there is no finality. Hart did advise the public, however, that the borough filed an affordable housing plan in 2009 based on the regu- lations at that time which has protected the borough from builder’s remedy lawsuits. A builder’s remedy lawsuit is one that is filed by a developer claiming a municipality has not met its affordable housing obligation and, if success- ful, the court may grant the developer the right to build a greater density of housing if it includes some affordable housing units. Mill Pond on Old Mill Road is an example of a builder’s remedy lawsuit that resulted in 100 residential units in 10 buildings being built on 6.35 acres of a 12.45- acre property that included 15 affordable housing units. A developer has proposed the construction of 24 units on Franklin Avenue adjacent to Shirley Avenue that would include five affordable housing units, but that plan was denied by the borough’s zoning board and the matter is now in Superior Court. Hart pointed out that a number of developers, such as the developer of Mill Pond, the golf course, the Colonial Road housing facility, and the special needs housing planned for the intersection of McCoy and Colonial roads, will be adding to the borough’s affordable housing number, but that will not meet the borough’s affordable housing obligation. On the special needs housing project on McCoy Road, Bivona emphasized that the borough cannot, under the COAH regulations and a 1993 state Supreme Court deci- sion, grant any preference to borough residents who want to occupy a unit in that development. “No matter what developer we have, we simply are not allowed to have a resident preference,” Bivona said, explain- ing that the $2 million used to purchase that McCoy Road property was affordable housing trust fund money. “We’re going to follow the law and, if the law says we can’t give a preference to residents, I’m not sure there is anything we can do about it.” Asked if the borough could grant a resident preference if it did not use COAH money, Bivona advised that the $2 million from the borough’s affordable housing trust fund would have to be returned to the state and the cost of the property and the development of it could cost $10 million. In addition, he said there would be the cost of managing the property for a 30-year period. Pastor Elliott Cooke of the Grace Community Church voiced his concern about two Protestant churches in the bor- ough closing down because their congregations are going to church in other towns. He explained that the reason is that churches have a difficult time expanding or renovating their buildings because of the restrictive zoning laws. “I’m concerned that you are driving the Protestant churches out of town,” Pastor Cooke said, explaining that larger churches attract families. He pointed out that the borough requires 10 acres to build a church, and he told Bivona that he decided not to renovate his church because of the potential cost of preparing a completely engineered plan before knowing if it would be approved by the zoning board. Bivona emphasized that it not the intention of the bor- ough to drive churches out of town, and that the one-acre residential zoning requirement was designed to create a “neighborhood town.” He pointed out that the zoning board has the jurisdiction to grant variances from the borough’s zoning law and he urged Pastor Cooke to go to the zoning board and discuss his plan informally. “Maybe you can discuss this on a more informal basis,” Bivona said. “There is a process, but if we can, we will try to lessen the burden on you. We want to do that.” Bivona also invited Cooke to come to his office to dis- cuss this issue. The Franklin Lakes Municipal Alliance planned to attend the meeting, but could not because a “meet and greet” with the new superintendent of the local school dis- trict was planned for the same night. Bivona pointed out, nevertheless, that he was shocked to learn how rampant drug and alcohol use have become and how people of all ages are being affected, although the focus is particularly on youths.