Neighborhood Character Wildlife Habitat Erased for No Just cause. Waterview Market Place Nothing new to offer

Waterview landscape Block 421 Lot 29 We Could of had waterview landscape.Fair Share Housing suit justified under circumstances. Parsippany its own worse enemy It is not surprising the township is experiencing another lawsuit, the way RD and Mayor allowed manipulation using COAH type housing fears to promote this development and helping the developer overcome his hardships by Parsippany bending over backwards to only get more of the same, another unneeded shopping center; Waterview Market Placemade it easy for FSHC to sue Parsippany. Obligations should not be met dishonestly to aid forces against the community. Dropping out of Regional Conformance in June 2015was the first mistake. I have tried to bring this to light, but no one wishes to see this great advantage Parsippany would have under "conformance" especially the legal protections. You witness the Council No vote October 2014 and heard the mayor promise, open space, all of waterview. It also makes no sense to exchange a former POD zone which of itself accompanied the immediate neighborhood character, protected environmental features and protected our water supply, for a $3.5+ million open space buffer zone. This landscape Block 421 Lot 29 because of its unique character and environmental quality with the right advocating, under highlands or municipal authority, could easily have been defended from any development.

Promise not kept Mayor prefers scapegoats.When the mayor promised the open space October 2014, he was not sincere as he made himself to be; right before the election. The Morris County Petition was rejected, not because 4 residents protested against, but for it in Morristown. We asked for the purchase of all 26 acres and explained why. The Mayor contends these individuals were the cause of not obtaining the county funds, the truth being his application, a sudden end run to purchase 9 acres rather than the 26 acres promised was deemed by the county as one of the worse such applications seen by Morris County officials.

The Mayor believes only what he wants to. How could the Freeholders agree to buy a buffer for a developer; what precedent would that set? So then the mayor under Inglesino's guiding light chose to drop out of Regional Conformance, and then failed to activate the open space and environmental committee to prepare his promise. Ignored the fact that by the property owners own choice (RD is not the property owner) chose to shelter the land from taxes under the Farmland Status. This would give an opportunity to Parsippany to obtain it at a lower market value. .

REMEMBER PARSIPPANY IS IN THE PLANNING ZONE OF THE REGIONAL PLAN, ALL THAT IS REQUIRED IS BALANCE AND NATURAL RESOURCE PROTECTIONS. So the mayors allegations of the Highlands Plan stopping development is unfounded, however environmentally sensitive areas are so protected to the maximum standards; under the Highlands Water Protection Act and the Council of Affordable Housing Agreement; this additional legislation under MOU makes it clear that landscapes such as waterview would be given utmost attention. Waterview soils HSG A are the best nature can provide in the ground water recharge phenomena, its forest and steep slopes all positive features supporting its preservation. Regional conformance bestows legal protections, so a developer would not be able to sue as easily and have a much higher bar to overcome. This would certainly save tax payers and enforce community and master plan goals.

Wayne, NJ in 2007 won a case against a religious institution the court upheld the open space acquisition.

Home Rule Parsippany stands alone, but stood down In so holding, the court indulged an extensive overview of the idea of “open space.” The court’s historical recitation provided that “[o]ur Legislature has long recognized that preservation of open space constitutes a public use, and therefore municipalities may utilize the eminent domain power to acquire property for this purpose. As early as 1917, the Legislature enacted the ‘Home Rule Act,’ L. 1917, c. 152, art. XXXVI, § 1, now codified in N.J.S.A. 40:61-1, which provides that a municipality may acquire property for ‘open spaces’ by exercise of the power of ‘condemnation.’”

Parsippany under regional conformance using the science of the land in,which waterview landscape could have defended its own character of environmental, and community value. Instead we have yet another lawsuit, after we wasted tax money on RD first frivolous attempt at suit, which the judge should have dismissed and with prejudice. The judge should of been more critical to RD's lawyer that day (I was in court) when he openly in court used Public housing 666 units as a threat even surprising the court with the new contention of his right to do so, despite no decisions being made by the Higher Court at this time; therefore the frivolous case in question. The Highlands Law, legislation is available to this community; we should build on advances made in land use law. A law that advances the public good if allowed to be implemented. Instead we have another mess costing tax payers and unneeded development, which will not benefit the community.

Would not it have been better to remain in conformance and tempt the developer to continue his suit, as under conformance legal protections would have given the open space advocacy and the grass roots accomplishment of Parsippany citizens clout? In fact the town is still attempting to gain County support for this sweetheart deal favoring RD developer. The $3.5 plus million dollars sought is being done so without open space or environmental committee input. In reality this open space holds little value other than the buffer which any descent developer would have normally provided as a jester to the community.

Exchanging the POD planned office "district" for unneeded development an expensive Whole Foods and Retail which is on the decline, spells a doubtful success story for this speculative and senseless project. It goes hand in hand with the mayors recognition status with the real estate developers; against his own community

Commercial and industrial development generally has a positive cash flow and so is seen as a remedy to cure the fiscal consequences of bad planning of the past. This has been called the "ratables chase" with towns competing with their neighbors to attract what they think are "good ratables". The sad result is that nearly everything is developed without regard for natural systems of human needs.

A major planner once said, "You have everything zoned residential, commercial or industrial. What did you think was going to happen? Despite that fact that the MLUL allows the public to participate in master plan hearings, and development applications they usually stay home until their personal situation is impacted, By then it is usually too late. Finally, the fiscal burdens become so great that residents flee along with their tax payments, leaving now obsolete development vacant.

If tax rateables really worked Parsippany would have been set long ago. Mistakes and disinformation continues to our demise. there is a better way; its called "regional conformance" under the NJ Highlands water protection act. We continue; to use a phase from Doctor Martin Luther King; to be psychologically blinded by our sins, the sin here is home rule where as we all see it is developers that rule, not the people as the massive grass roots opposition over came this obstacle saving waterview only to have it given back by the individual who promised to save it and backup the October 2014 No rezone vote. The truth is despite those whom chose to ignore it and rather grasp for scapegoats.

The township attorney said he expected the lawsuit now in place from Fair Share Housing; its more like he welcomed it, as more cash will go to the law-firm for something if thought out; "public housing obligation" not fear, would of never occurred for the reasons here included. Would not have it been better to have a lawsuit for the open space and defense of the master plan? Parsippany stuck out on all accounts; however who was the umpire? Home rule bad leadership and superPac council members and there favor of this development despite their own communities mass opposition. Get ready for the mess.

The only thing that can be hoped for now is that the birds that use this ecosystem of waterview landscape, Doremus Ridge will not be disturbed in their spring mating and hatching and one last season of maturity. 2016 will not be a good year for Parsippany; and yes public housing is still an obligation, when the unneeded waterview market place fails it will make a future site perfect for our future housing needs because of this without any evidence of public need or good private deal, between the big shoots behind the scenes. Parsippany stands betrayed its master plan again subverted by private interest, grass democracy does not work here. Once upon a time there was a place called Parsippany.

Reflections of the present insensitive ones. So then we have lost; have allowed the lost ,of the connection with our remaining landscapes and forest, completely now in Parsippany along Route 46 .Because; why; it is a roadway to where? Home! Something is so wrong in this Waterview MarketPlace that is must erase rather than find an already place taken from us and from memory or creations both nature's and man's.. From Indian Land, Non-Property, to the Dodd Estate to the Planned Office District, to this subversion even further of our homelands..