Westfield Town Council Hears from Garwood, Cranford Residents Angry About Proposed Housing

It was a busy evening for the Westfield Town Council as Mayor Andy Skibitsky began by recognizing the achievements of Westfield High School's state champion boys and girls swim teams with the help of Councilman James Foerst. 

In February, both teams took the state title for the second consecutive year in the Public A State Championships. Skibitsky thanked the teams for their "exceptional sportsmanship" and for upholding Westfield's excellent reputation for swimming.

Skibitsky then welcomed Deirdre Gelinne, executive director of the Westfield United Fund, who shared that the Fund had collected $18,000 to assist Westfielders impacted by Hurricane Sandy. Alicia and Philip Weaver, whose Dorian Place home was destroyed when a tree fell through the master bedroom, are still displaced and battling with insurance companies. Alicia said the support of the community meant a lot to them in their time of need. Anyone interested in making a donation to the fund, which serves Westfield and is not part of the United Way, Gelinne clarified, can visit its website at http://www.westfieldunitedfund.org/

Julie Steinberg received a proclamation from Skibitsky who declared May 'Pediatric Stroke Awareness Month.' Steinberg said she and her family moved to Westfield a year ago and in that time she has been working on behalf of Children’s Hemiplegia and Stroke Association (CHASA) to raise awareness for what Skibitsky called a "neglected area of medicine." To learn more, visit http://www.chasa.org/you-can-help/pediatric-stroke-awareness/

Residents from Westfield, Garwood and Cranford spoke during the hearings on the general ordinances that would change zoning to allow for affordable housing and stated their concerns that included increased traffic, potential drainage problems and a negative impact on their property values.

Homeowners from Cranford's Nomahegan Court were vehemently opposed to the proposed 24-unit building slated for 206 Springfield Ave. that one resident likened to a Best Western being constructed in his backyard. Of those 24 units, four would be deemed affordable. The proposed project is part of the settlement agreement between the Town of Westfield and Sunnyside Senior Housing, which Foerst referred to as a "builder's remedy lawsuit" because the town did not have a fair-housing plan in place in accordance with regulations set forth by the Council On Affordable Housing (COAH). 

Others called the project "absurd" and took issue with the height of the building. While the proposal states that the building could not exceed 33 feet, residents said that actually amounts to 50 feet on account of the slope of their properties. Amid his frustration, one resident joked that his potential new neighbors could read his "underwear size with a cheap pair of binoculars" due to the close proximity of the proposed building.

Foerst, Skibitsky and Town Attorney Russell Finestein advised those opposed to the plan to address their comments to state Superior Court Judge Frederic Kessler at 9 a.m. on Monday, June 10, at the Union County Courthouse in Elizabeth. The ordinances, though approved at Tuesday's meeting, will not go into effect without the approval of the court. Those wishing to comment were advised to do so in writing seven days prior to June 10. (See below for more information.)

Skibitsky, Finestein and Foerst also reminded the crowd that the ordinances merely changed zoning and did not in any way approve the proposed housing plan. Foerst also said that the Town of Westfield had worked "long and hard" to settle the suit and residents should be pleased that the number of units was down from the originally-asked-for 60. But that was no consolation from a man who moved to Nomahegan Court from Hoboken two months ago with his girlfriend. 

"I couldn't be more disappointed," he said. "Now my backyard is destroyed."

During the public comment portion of the meeting, Westfield resident Greg Kasko asked the Town Council for answers regarding the manner in which the mobile command center was purchased. His questions were as follows: 

1.  When were town authorities first told by the police department that it needed a mobile command center?

2.  When was the police department authorized to begin a search for manufacturers of the mobile command center? 

3.  How many manufacturers were contacted? 

4.  Who authorized the travel of Westfield Police Chief David Wayman and Westfield Police Lieutenant Chris Battiloro to Utah, the manufacturer's location? 

5.  Has any report been filed anywhere as to the money spent by the seller on Wayman and Battiloro's trip? 

6.  When were the specifications for the mobile command center created? 

7.  When were the specs advertised for bids? 

8.  When did the police department decide to set up the display of the mobile command center at the Westfield Armory? 

9.  When was the first time Westfield exerted any authority or possession over any of the vehicles or items obtained from Power Innovations International or the company that manufactured the mobile command center? 

10. When was the first time the town council was told it would be admissible to purchase the mobile command center? 

11. Did the specifications of the bid contain a description of everything the town would be required to pay? 

12. Who wrote up the specifications for bids? 

13. Did the specifications for bids exactly match that which was purchased from the Utah company, Power Innovations International? 

14. Was the purchased mobile command center custom built for Westfield? 

15. Did anything of value change hands between the vender and Westfield prior to the bid specifications being advertised or the first reading of special ordinance 2180? First reading was on March 5, 2013 

16. Is the manufacturer of the mobile command center which is presently owned by Westfield, a registered vendor in New Jersey as required by law?

While the majority of Kasko's questions went unanswered, Town Administrator Jim Gildea stated that this equipment purchase went through the same kind of process that other equipment purchases have undergone. He stated that the police department recommended the equipment and the finance committee met to discuss its purchase. The ordinance to authorize the purchase of the mobile command center, with a quarter-million-dollar price tag, as well as a generator for the Department of Public Works was introduced and passed in March. Shortly after that the bid specs were put together and bids accepted on the week of April 16. Gildea said the Council awarded the contract on April 23. 

While Skibitsky, Foerst and Councilman Frank Arena stated that the mobile command center would enable the Town to better serve its residents in the case of future emergencies, Councilman and mayoral candidate Dave Haas said he felt a portable backup generator could have been purchased at one-eighth the cost.

Arena stated that if the Town had had the mobile command center during Sandy residents might have been "better off." Haas said that while he was not opposed to a backup to the backup generator, he questioned whether the extra expense left residents better off than they would have been had that money gone to hire additional police officers, fire fighters or other public safety officers.

-------------------------------------------------------------------------------------------------

TOWN OF WESTFIELD

NOTICE OF HEARING OF PROPOSED SETTLEMENT OF MOUNT LAUREL LITIGATION ENTITLED SUNNYSIDE SENIOR HOUSING OF WESTFIELD, LLC V. TOWN OF WESTFIELD, ET AL., DOCKET NO. UNN-L-135-09, AND NOTICE OF HEARING OF APPLICATION FOR ENTRY OF A FINAL JUDGMENT IN FAVOR OF THE TOWN OF WESTFIELD DECLARING WESTFIELD IN COMPLIANCE WITH ITS SECOND ROUND AFFORDABLE HOUSING OBLIGATIONS, ESTABLISHING CREDITS TO BE APPLIED TO TOWN OF WESTFIELD’S THIRD ROUND OBLIGATIONS, AND GRANTING SECOND ROUND REPOSE AND IMMUNITY FROM BUILDER REMEDY AND EXCLUSIONARY ZONING LITIGATION UNTIL THE DEADLINE FOR FILING A THIRD ROUND COMPLIANCE PLAN IS ESTABLISHED IN REGULATIONS OR LEGISLATION

TO:  All Interested Parties:

            A hearing will be held at 9:00 a.m. on June 10, 2013 before the Honorable Frederic S. Kessler, Judge of the Superior Court, at the Union County Courthouse, New Annex, First Floor, 2 Broad Street, Elizabeth, NJ 07207 to consider:

            (a)        Approval of a settlement agreement which has been submitted to the court which requires an amendment to the Town of Westfield 2009 Affordable Housing Compliance Plan (technically known as the Town of Westfield 2009 Housing Element & Fair Share Plan).  The settlement, if approved, will result in dismissal with prejudice of the Complaint filed by plaintiff in Mount Laurel litigation entitled Sunnyside Senior Housing of Westfield, LLC v. Town of Westfield, et al., Docket No. UNN-L-135-09 (the “Mount Laurel litigation”), which litigation challenges the Town of Westfield land development ordinances as violating the Town of Westfield’s affordable housing obligations;

            (b)       Approval of the Town of Westfield’s 2013 Affordable Housing Compliance Plan (technically known as the Town of Westfield 2013 Housing Element & Fair Share Plan) which will revise and replace the Town of Westfield 2009 Affordable Housing Compliance Plan and is described below; 

            (c)        Entry of a final judgment in favor of the Town of Westfield on its counterclaim filed in the Mount Laurel litigation, which judgment would declare Westfield to be in compliance with its Second Round affordable housing obligations and would establish credits to be applied to the Town of Westfield’s Third Round affordable housing obligations once the Third Round affordable housing obligations are established; and

            (d)       Entry of a final judgment in favor of the Town of Westfield on its counterclaim filed in the Mount Laurel litigation, which judgment would grant Second Round Repose to the Town of Westfield which would bar Builder Remedy and Exclusionary Zoning litigation from being filed until the deadline for filing a Third Round Compliance Plan is established in regulations or legislation adopted / enacted after the entry of the final judgment.

            The Settlement Agreement, the Town of Westfield 2009 Affordable Housing Compliance Plan, the Town of Westfield 2013 Amendment to the 2009 Affordable Housing Compliance Plan, and the Town of Westfield 2013 Affordable Housing Compliance Plan are on file in the office of the Town Clerk, located in the Town of Westfield municipal building, 425 East Broad Street, Westfield, NJ 07090, the office of the Town Planner, located in the Town of Westfield Public Works Center Building, 959 North Avenue, Westfield, NJ 07090, as well as on file in the Union County Planning Board offices located on the 2^nd Floor of the County Administration Building, Elizabeth Plaza, Elizabeth, NJ 07207, and they can be examined and copied during regular business hours.

            A brief overview of the Town of Westfield 2013 Affordable Housing Compliance Plan is as follows:

1.         The Town of Westfield 2013 Affordable Housing Compliance Plan contains detailed information on the history of Westfield’s affordable housing obligations and compliance efforts dating back to the Superior Court’s approval of the Town’s first compliance plan in 1991.  At that time the Superior Court approved a “vacant land adjustment” lowering the Town’s affordable housing obligation to 51 units. 

2.         The Town of Westfield 2009 Affordable Housing Compliance Plan addressed the 139 unit prior round obligation consisting of 51 units of “realistic development potential” and 88 units of “unmet need.”  In addition, the Plan addressed the “Third Round” projected 90 unit “growth share” obligation established by rules and regulations adopted in 2008 by the NJ Council on Affordable Housing (“COAH”) with group homes for individuals with special needs, senior citizens and permanent supportive housing, rental bonus credits, and inclusionary zoning to promote the realistic opportunity for the construction of new affordable units.  The Plan also reflected that inclusionary zoning for two prior rounds sites would remain in place and new zoning would be enacted for transit-oriented development, including affordable housing. 

3.         The 2013 Amendment to the 2009 Affordable Housing Compliance Plan includes as part of the settlement of the Mount Laurel litigation the addition of an inclusionary development site known as the “Sunnyside” property (Block 3905, Lot 27, with a street address of 206 Springfield Avenue) for the construction of new residential development, including affordable housing.

4.         The Town of Westfield 2013 Affordable Housing Compliance Plan comprehensively modifies the 2009 Affordable Housing Compliance Plan and includes three components: (1) a rehabilitation obligation of 41 units; (2) the prior “First Round” and “Second Round” fair share obligation; and (3) credits towards a future “Third Round” obligation.  The Plan includes all sites included in the 2009 Affordable Housing Compliance Plan as well as the Sunnyside inclusionary development site and three additional group homes for developmentally disabled people.  The Plan also includes a development fee ordinance, a spending plan, and provisions regarding administration.

5.         Because the “Third Round” affordable housing obligation is under review by the New Jersey Supreme Court and it is impossible to predict the outcome of that review, the Town of Westfield 2013 Affordable Housing Compliance Plan does not address how the resulting obligation will be met.  In the interim, the Plan will ensure a viable means of providing a realistic opportunity for housing rehabilitation and for the construction of new affordable housing in the Town of Westfield, with the resulting housing units being credited towards the future “Third Round” obligation.

            Any interested parties may be heard at the hearing to object to the settlement as well as to the Town of Westfield Affordable Housing Compliance Plan provided that any and all such objections must first be submitted in writing and filed  no later than 4:30 pm on June 3, 2013 addressed to The Honorable Frederic S. Kessler, J.S.C., Union County Courthouse, New Annex, First Floor, 2 Broad Street, Elizabeth, NJ 07207, with copies to the following individuals at the following addresses:

1.         Jonathan E. Drill, Esq., Stickel, Koenig, Sullivan & Drill, 571 Pompton Avenue, Cedar Grove, NJ 07009,

2.         Robert W. Cockren, Esq., SRN Denton, 101 JFK Parkway, Short Hills, NJ 07078,

3.         Kenneth Soriero, Esq., Lindabury, McCormick, Estabrook & Cooper, 53 Cardinal Drive, Westfield, NJ 07091,

4.         R. Marcel Pirtea, Esq., 95 Route 17 South, Suite 109, Paramus, NJ 07652,

5.         Adam M. Gordon, Esq., Fair Share Housing Center, 510 Park Road, Cherry Hill, NJ 08002, and

6.         Phillip Caton, PP, Clarke Caton Hintz, 100 Barrack Street, Trenton, NJ 08608.

            This notice is promulgated by order of the court.  It is intended to inform all interested parties of the existence of the settlement agreement and the Town of Westfield compliance plan and the consequences of possible court approval of the settlement and entry of a final judgment in favor of the Town of Westfield. 

                                                                        Claire J. Gray

                                                                        Town Clerk

                                                                        Town of Westfield