Residents Argue Against COAH Project Settlement

The sides are negotiating on a deal to end the court case for the Livingston COAH case on the Short Hills border, but neighbors aren't satisfied with how the case is proceeding.

During Tuesday's Millburn Township Committee meeting, representatives from the Short Hills Association and the Livingston-Short Hills Coalition expressed concern with the possibility of a settlement at this time.

Millburn Township attorney Christopher Falcon said Tuesday night Livingston officials have asked for a revised litigation schedule in order to work on a potential settlement. Millburn officials met with Livingston officials to express their concerns about the terms of the deal. They are waiting for documents to be returned to indicate those changes. Plus they haven't heard from TMB Partners, the development company who wants to construct the housing complex at the corner of White Oak Ridge Road and South Orange Avenue.

The original proposal for the site at the corner of White Oak Ridge Road and South Orange Avenue was to construct 100 units of housing, 20 of which would be marked at a more affordable price. The building would be nearly 75 feet tall. The site is the current home of Tutor Time.

Included in the settlement proposal is to construct 50 market-rate units of housing and 12 at the more affordable rate. Also, the building would be about 65 feet tall.

Falcon said if the sides agree to a settlement, the next thing is a fairness hearing to ensure there is housing provided for the low and moderate incomes. Then the Livingston Planning Board would review the scaled down version for a site plan review.

But neighbors aren't satisfied with the potential with a settlement.

Robert O'Keefe, of the Short Hills Association, said the proposal for 60 condominium units on two buildable acres is not appropriate for the site.

"Local real estate professionals agree that Short Hills property values in the neighborhood will be negatively affected, some severely so, and as a result Millburn property tax revenue would decline," he said.

The quality of life in the area also would be affected with an increase in traffic and noise.

"The proposed settlement could irreparably affect the quality of life in Short Hills," he said. "While Short Hills residents recognize that TMB is entitled to profit from their property, we believe TMB should negotiate in an ethical manner, in the light of day, with the neighboring community to minimize the impact of their development."

It would be more appropriate for the site to be developed using the eight units per acre for condominium standard, O'Keefe said. It would mean 16 units on the property.

"Thus, a generous solution to TMB Partners would be a maximum 25 condominium units," he said. "The TMB settlement is not a speed bump that can be removed."

The association requested the committee cease private negotiations with TMB and open the process for public oversight.

Other residents who spoke asked the township to wait to settle because of legislation that will change how affordable housing is mandated and regulated in the state.

Fred Polakoff, of Rippling Brook Drive, which is behind the site in question, said the project is a model for urban development in a suburban environment. Areas along the Millburn-Short Hills border could all be developed in a similar manner.

"There is no free lunch in public or private life," he siad. "But allowing these 62 units to go forward on the former Don's Restaurant property is hosting a free dinner for TMB, Livingston and the developers related to TMB."

He asked for township officials to wait for the legislation to pass and to be studied before settling on the case.

Rosalie Rubin, of the Livingston-Short Hills Coalition and a Rippling Brook Drive resident, also asked for township officials to wait for the legislation, citing how Livingston officials are holding on other COAH projects until the legislation is final.

"If Livingston gets an anticipated reduction in housing requirements, it makes no sense for Millburn to settle now while Livingston is willing to delay on the other two sites," she said.

She questioned why Millburn should settle for the large density on the site when Livingston is the community that will benefit from the tax revenue.

Millburn Mayor Thomas McDermott, at the close of the comments, said there is no settlement at this time and he will keep the neighbors posted.