Hekemian Witnesses are Re-defining the Word “Expert”

At this past Tuesday night’s Zoning Board meeting (June 12^th), Real estate appraiser and consultant, Mark. W. Sussman, was presented by Hekemian’s attorney as an EXPERT witness in land evaluation. Sussman’s assigned task was to analyze the potential impact that the proposed development (on the UW property) would have on nearby residential properties.

There are 10 homes on River and Main in direct proximity to the UW property. The lives of these New Milford residents will change drastically if Hekemian has his way -- but not according to the parade of experts testifying at these hearings. Amazingly enough each of them support this development, and manage to conjure up data that backs their unbelievable claims.

It doesn’t seem to matter that the data is old.  Or inaccurate. Or self-created. Or if it disintegrates under cross-examination. (Based on what we’ve seen so far, I would be AMAZED if anyone votes in favor of the variances Hekemian is seeking.)

Sussman provided home sales, circa  2005, for homes that were sold directly across from three different shopping centers (Boulder Run Shopping Center in Wyckoff; Washington Township A&P on Pascack Road; and Emerson Shopping Plaza on Old Hook Road). He compared these to home sales that were removed from the influence of the shopping centers in each neighborhood.

Anyone want to guess what his analysis of these “self-contained data sets” yielded? His professional and EXPERT opinion is:  “that this project -- when completed as planned -- will not have a significant impact on the nearby properties.” (“Significant impact” is obviously in the eye of the profiter.)

Well that was predictable. Could we really have expected him to say anything else? I know I’m going out on a limb here, but I’d be willing to bet that that’s what all of Hekemian’s paid for experts will testify to from here to eternity. Hello? Do we even need to have a hearing?  The whole thing is a farce, and a waste of our time.

Fortunately for New Milford residents, we have our own expert on the Zoning Board, Joe Binetti, a realtor who makes it his business to know about comparables, and he stepped up to the plate swinging. “It’s not a good comparable because 2005 is when we had the housing bubble. Anything was bought anywhere at that time. It didn’t matter where the home was located, it could be next to a cell tower, wherever it was, it sold….Your data is bad. Your data is off,” he told Sussman. (I remember that time. A house could be listed on the market and sell within the week. There’s no doubt that it was a seller’s market -- real estate demand was at its absolute peak.)

Zoning Board member Ronald Stokes said that “Boulder Run may not have been in existence at the time of the sale [of the Wyckoff residential property], so we don’t know whether the shopping center impacted this sale.” And he’s right, it didn’t impact the sale, because it wasn’t even there.

Boulder Run’s expansion was from 2008-2010.  This home Sussman used in his analysis sold in 2007. It was facing woods at the time of the sale -- nature in all of its loveliness; not the booming Stop&Shop with its massive activity that it is facing now.

More bogus data.

Zoning Board member Lou Denis asked Sussman how close were the homes he analyzed to a flood plain, and he got the standard reply: “That was not the focus of my analysis.”  Lou also said “When the front of your house becomes a freeway, that affects the value of your property.” 

It sure does. According to Realtor.com’s FAQ sheet:

A home may have a higher value when it’s first built and has wonderful green-space views. But if zoning allows for that green-space to turn into a shopping mall 10 years down the road, you can expect the home’s value to decrease when the view changes to delivery trucks and parking lots. http://www.realtor.com/home-values/HomeValuesFaq.aspx.

But isn’t this common sense?  Location, view and noise level are known influences on a home’s value.

Zoning Board member Peter Rebsch also pointed out the fact that none of these properties used in Sussman’s analysis had flooding problems. And that the situations Sussman is comparing to our situation doesn’t compare.  The other towns are more spacious with wider roads, etc., while the area they are looking to develop in New Milford is a compact space.  “It doesn’t compare,” Rebsch said.  “They don’t match.”

That’s the data we found,” Sussman said.  “It’s a suburban location.”   But doesn’t this flawed, skewed, and mismatched data serve more to make the case of those who are against this development than those who are for it?

As to the mixed-use aspect, where in Sussman’s analysis is the ridiculously large, 4-story high, 421-unit, high-density eyesore being considered, as far as its proximate effect on home values? In the invalid Boulder Run data set?

Zoning Board Planner Paul Grygiel asked how many units were on the Boulder Run site. Sussman said, “16.”  "And how many are proposed for this site?” Sussman said, “221.”  There was a collective groan from New Milford residents sitting in the audience.

As for the audience, it was packed. SOD members attended in full force, and were working a dual agenda -- half of the heavy hitters appearing at a M&C meeting in Oradell to enlighten and encourage them on board, and the other half present at this meeting.

The next meeting is on June 21^st at 7:30 p.m. If you are bored, curious, care about the plight of your neighbors, or the future of your hometown, please come to a Zoning Board meeting.  You can leave whenever you want, nothing will be required of you, and many times it’s better than TV.

If you don’t have the time to attend a meeting and you just want to keep your finger on the pulse of what’s going on, besides staying tuned to Patch, you can email SOD (Stop Over-Development) at sodnow@yahoo.com and they will add you to their mailing list. SOD is a wonderful group of New Milford residents who are pulling together for a common cause. Membership is quickly growing -- all ages, all walks of lives, many are over-extended and exhausted, but they’re there because they care. I am inspired by what this group is doing.

I have recently been told by a friend who was a soldier (and now relay to my friends):  “Believing there is a way out of this thing is the first step to finding the way out -- from there all things are possible.”  

To be continued…

p.s.  Thank you to the members of the Zoning Board who are putting in the effort to ask intelligent questions.