Vernon Township

TABLE OF CONTENTS

1. Introduction 3

2. The Properties under Study (Investigation) 5

3. The Statutory Criteria and the Parameters of the Study 9

4. The Ringwood Avenue Redevelopment Area and Properties 12

5. Specific Criteria Analysis: Growing lack of Proper

Utilization, Criteria e 17

6. The Wanaque Master Plan 21

7. Specific Criteria: h 23

8. Final Recommendations 26

Attachment 1 Photographs of the Properties

Attachment 2 Borough of Wanaque Area Map

Disclaimer-Please Read:

This Report was prepared to assist the Wanaque Planning Board and the Wanaque Borough Council in their deliberations regarding the potential area in need of redevelopment. It is in the sole and exclusive governmental discretion of these public bodies to determine if it is in the best interest of the public to make such a determination. This report is in draft form as of the date printed on the cover and will not be made final until the scheduled date of the Wanaque Planning Board public hearing on this matter. This will allow the investigation of the area to continue, so that as much pertinent evidence may be gathered respecting the properties which may be included in the potential redevelopment area.

1-Introduction

The Borough of Wanaque is conducting a preliminary investigation to determine if certain properties located along Ringwood Avenue south of Doty Road qualify as an area in need of redevelopment. The properties are located to the north of Coles Avenue on the west side of Ringwood Avenue and include certain properties along Pierce Avenue and Brook Street. The purpose of this preliminary investigation is to determine if the properties qualify as an area in need of redevelopment as defined by the State of New Jersey Local Redevelopment and Housing Law (LRHL), NJSA 40A:12A-1 et seq. The redevelopment study area is commonly known as the Ringwood Avenue Redevelopment Area II.

The Borough of Wanaque, Passaic County, New Jersey, has a population of approximately 10,400 in its 8 square miles. It lies directly to the north of Interstate 287 and several miles east of State Highway 23. The Borough is a suburban community in an urban county. The Borough has a large reservoir and a good portion of the land area is covered by the State of New Jersey Highlands Protection area, which generally prohibits development in environmentally sensitive areas of the State. The area under study is not, at this time, subject to the most stringent Highlands standards, commonly referred to as the Highlands core area.

So as to acquaint the reader of this Report with the general study area, the following street map of a portion of Wanaque is presented.

On July 10, 2006 the Borough Council of the Borough of Wanaque adopted Resolution #11-0-06 authorizing and directing the Wanaque Planning Board to undertake a preliminary investigation to determine whether the properties in the proposed redevelopment area qualify under the criteria of NJSA 40A: 12A-5 as an area in need of redevelopment. The Council identified thirty one (31) properties to be investigated as a potential area in need of redevelopment. One of the properties, Block 437 Lot 2, 7 Brook Street, includes six (6) condominium apartments. This means that thirty seven (37) taxable parcels, with property ownership rights, are being studied in this Report. It should be noted that the condominium association has no property assessment and, therefore, is being excluded from the property list, but the nature of the condominium property is being considered as part of our analysis of each individual condominium property.

This Redevelopment Investigation Report has been prepared and is written to assist the Wanaque Planning Board in meeting its obligations of Section 6 of the Local Redevelopment and Housing Law, NJSA 40A:12A-6a, which requires, in part, the following:

“No area of a municipality shall be determined a redevelopment area unless the governing body of the municipality shall, by resolution, authorize the Planning Board to undertake a preliminary investigation to determine whether the proposed area is a redevelopment area according to the criteria set forth in Section 5 of P.L. 1992. C.79 (C.40A:12A-5)…. The governing body of a municipality shall assign the conduct of the investigation and hearing to the Planning Board of a municipality.”

Over the past year evidence has been gathered as to the condition of the potential redevelopment area through several site visits to the properties including in October 2006, and July 10 and September 10, 2007. Our investigation included taking photographs of the exteriors of the properties, reviewing tax assessment and property maintenance records and informally speaking to property owners. We have also researched the zoning ordinances and Wanaque Town Center Plan and State of New Jersey endorsement of the Town Center Plan.

Annexed to this report and made a part hereof, are “labeled” photographs of each of the properties to be included in the three redevelopment study areas. These photographs are part of the body of evidence presented in this study to support the opinion that certain of the parcels are in need of redevelopment.

2-The Properties under Study (Investigation)

The specific properties being studied in this Report, pursuant to the aforementioned Borough Council resolution, are identified in the following abstract of the Borough’s tax map:

Chart 1

The Borough of Wanaque

Ringwood Avenue Redevelopment Area II

South of Doty Road

October 9, 2007

Identification of Properties under Investigation by the

Wanaque Planning Board

Property ID (Block/Lot)	Address	Owner	Approximate Lot Size (Feet)
436 Lot 1	15 Doty Road	Joseph La Placa	40x140
2	2 Brook Street	Dominik & Theresa De Leo	104x25
4	Brook Street	Saturday’s Realty, LLC	.70 acres
4.01	5 & 16 Brook Street	Saturday’s Realty, LLC	100x50
4.02	14 Brook Street	Saturday’s Realty, LLC	250x55(+)
5	1113 Ringwood Ave.	Harriet De Benedetto	50x150
6.01	1115 Ringwood Ave.	Carrie Butenschoen John P. Frank III	50x200(+) Irregular Flag Lot
7	1141-1135 Ringwood Ave.	1141-1135 Ringwood Ave Property, LLC	1.42 acres Irregular Lot (notched behind lot 8)
8	1121 Ringwood Ave.	Rose Della Pena Estate	75x100
10	1149 Ringwood Ave.	Palatucci Family Partnership	.40 acres Irregular “pie” lot
11	1151 Ringwood Ave.	1151 Partners LLC c/o Palatucci	.80 acres Irregular
12	Coles Avenue	Roger Noonan	90x83
13	8 Coles Ave.	Roger Noonan	150x60(+)

437 Lot 1	1093 Ringwood Ave.	Bellas Investments LLC	42x100
1.01	1089 Ringwood Ave.	Mary and David Johnson	33x90
1.02	1085 Ringwood Ave.	Borough of Wanaque	38x200 Irregular corner lot
1.03	Doty Road	Borough of Wanaque	Part of 1.03
1.04	5 Brook St.	William & Lorene Roberto	25x110
2	7	Brook Street Condominiums	50x100
C0001	Apt 1	Apt 1 Mr. Peters
C0002	Apt 2	Mr. Byrne
C0003	Apt 3	Mr. Stewart
C0004	Apt 4	Bano Feydan and Fattulah Zamanian
C0005	Apt 5	Liberty Luz
C0006	Apt 6	Mr. Braunstein
3	1095 Ringwood Ave.	Nezla and Abidi Kabakci	25x200
4	11 Brook St.	Alvin and Diane Richardson	90x100
5	1097 Ringwood Ave.	Lisa and Eugene Fox	25x100
6	1101 Ringwood Ave.	Daniel and Michael Zazzali	50x100
7,8	1105 Ringwood Ave.	Henry and Carmella Martin Rear Parking area	50x200 25x100
9,10	1109 Ringwood Ave.	American Legion	25x100
11	1111 Ringwood Ave.	Victor Calabrese	50x200
448 Lot 1	1161 Ringwood Ave.	Robert Shawah and Scott Walker	1.1 acre Irregular lot
2	1165 Ringwood Ave.	Eleanor Joseph	45x125
3	1169 Ringwood Ave.	Gretchen and Issad Johri	40x125
4	1173 Ringwood Ave.	Theodore Di Laura	37x125
5	1177 Ringwood Ave.	Theodore Di Laura	46x130 Irregular

Based on our investigation we find, and in our opinion, five properties do not qualify as properties in need of redevelopment, because they do not meet our rigorous application of the statutory criteria. The initial four properties are Block 436, Lot 8 and Block 448, Lots 3, 4, and 5. (The property addresses are 1121, 1169, 1173, and 1177 Ringwood Avenue.) These four properties are well maintained residences and create a uniform streetscape along Ringwood Avenue. They are situated at the south end of the redevelopment study area and are generally not a part of the Ringwood Avenue business area.

The fifth property not meeting our rigorous application of the criteria is Block 437, Lot 4, a well maintained residence at 11 Brook Street. This property may very well be capable of being integrated into a well thought out development plan, a reason permitted under the statute to potentially include the property in an area in need of redevelopment. This property may be critical when viewed from a total development perspective because of its location and because of the condition of the surrounding properties. However, without other conditions (criteria) being present, and without a specific redevelopment plan, we cannot recommend that this property be included in an area in need of redevelopment. We also note that this property may have qualified to be included in an area in need of redevelopment if it was located on Ringwood Avenue.

In some development or redevelopment scenarios the important location of this property may be sufficient to warrant the property’s inclusion in the area in need of redevelopment. However, it is not by itself detrimental to the public (see NJSA 40A12A-3). We believe more substantial evidence is required to find that 11 Brook Street meets the statutory criteria. Accordingly, we find, and it is our opinion, that Block 437, Lot 4 does not qualify to be designated as an area in need of redevelopment.

Based on the foregoing analysis thirty one (31) total properties are being studied in this Report. This number includes the six (6) separate condominiums. The total project area is approximately 6.8 acres (+/-).

3-The Statutory Criteria and the Parameters of the Study

Section 5 of the LRHL, NJSA 40A:12A-5 specifies that an area may be determined to be in need of redevelopment if, after investigation, notice, and hearing as stipulated in Section 6 of NJSA 40A:12A, provided the area meets one or more of the following statutory criteria:

a. The generality of buildings are substandard, unsafe, unsanitary, dilapidated or obsolescent, or possess any of such characteristics or are so lacking in light, air or space, as to be conducive to unwholesome living or working conditions.

b. The discontinuance of the use of buildings previously used for commercial, manufacturing or industrial purposes; the abandonment of such buildings or the same being allowed to fall into so great a state of disrepair as to be untenantable.

c. Land that is owned by the municipality, the County, a local housing authority, redevelopment agency or redevelopment entity, or unimproved vacant land that has remained so for a period of ten years prior to the adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of such municipality, topography or nature of the soil, is not likely to be developed through the instrumentality of private capital.

d. Areas with buildings or improvements which, by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or obsolete layout, or any combination of these or other factors, are detrimental to the safety, health, morals or welfare of the community.

e. A growing lack or total lack of proper utilization of areas caused by the condition of the title, diverse ownership of real property therein or other conditions, resulting in a stagnant and a not fully productive condition of land potentially useful and valuable for contributing to and serving the public health, safety and welfare.

f. Areas, in excess of five contiguous acres, whereon buildings or improvements have been destroyed, consumed by fire, demolished or altered by action of storm, fire, cyclone, tornado, earthquake or other casualty in such a way that the aggregate assessed value of the area has been materially depreciated.

g. In any municipality in which an enterprise zone has been designated pursuant to the “New Jersey Urban Enterprise Zones Act,” P.L.1983, c.303 (C.52:27H-60 et seq.) the execution of the actions prescribed in that act for the adoption by the municipality and approval by the New Jersey Urban Enterprise Zone Authority of the zone development plan for the area of the enterprise zone shall be considered sufficient for the determination that the area is in need of redevelopment pursuant to Sections 5 and 6 of P.L.1992, c.79 (C.40A:12A-5 and 40A:12A-6) for the purpose of granting tax exemptions within the enterprise zone district pursuant to the provisions of P.L.1991, c.431 (C.40A:20-1 et seq.) or the adoption of a tax abatement and exemption ordinance pursuant to the provisions of P.L.1991.

h. The designation of the delineated area is consistent with smart growth planning principles adopted pursuant to law or regulation.

Furthermore, the LRHL permits the inclusion of parcels that do not meet the statutory criteria, as we noted in our discussion of Block 437, Lot 4, if the property is necessary for effective redevelopment of the proposed redevelopment area:

“A redevelopment area may include land, buildings or improvements which of themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary with or without change in their condition, for the effective redevelopment of the area of which they are a part.” (NJSA 40A:12A-3.)

This report focuses on the substantial evidence supporting the determination that the area under study, thirty one (31) properties, are in need of redevelopment. This Report does not present a Redevelopment Plan for this area. A specific Redevelopment Plan may be prepared and subsequently adopted by the Borough Council pursuant to the procedures established within the LRHL and after considering community input. As an example of a successful Redevelopment Plan we point to the Ringwood Avenue I mixed use plan, also known as the Haskell Town Center. This project lies at the northern intersection of Ringwood Avenue and Doty Road adjacent to the area under study in this Report.

The findings and opinions expressed by the authors of this Report, Benecke Economics, Robert L. Benecke and the Planning Consultant, Fred Suljic, P.P., regarding the area in need of redevelopment are being provided to the Wanaque Planning Board for their exclusive use and review. The Borough Council may also consider this Report as part of their conclusion that the properties qualify (meet the statutory criteria) as an area in need of redevelopment, pursuant to the provisions of NJSA 40A12A-5. The opinions of Mr. Suljic are provided pursuant to the regulations governing professional planning in the State of New Jersey NJSA 45:14-1 et seq. The Wanaque Planning Board may or may not rely on these findings and opinions; keeping in mind that the determination of whether these properties do qualify as an area in need of redevelopment is the sole responsibility of the governmental entity after considering all of the evidence and opinions; including those opinions of the property owners and the public.

4-The Ringwood Avenue Redevelopment Area and Properties

The area under study and investigation in this Report is strategically located in the Wanaque Town Center. The State of New Jersey designated and endorsed the Wanaque Town Center on February 25, 1998. Plan endorsement by the State of New Jersey Planning Commission is accomplished through a rigorous process pursuant to the State Planning Act, NJSA 52:18A-196 et seq. The State of New Jersey Office of Smart Growth administers the Town Center program. The study area is part of the area of the Borough of Wanaque generally recognized as the “center of town” and is located directly adjacent (south) to the aforementioned Ringwood Avenue Redevelopment Area I which is also known as the Haskell Town Center.

This recently completed Redevelopment Project is located on the north side of Doty Road and includes nine (9) previous parcels of property. This successful mixed use (retail-office) Redevelopment Project has been redeveloped pursuant Borough of Wanaque Ordinance #2-06, as amended by Ordinance #19-06, establishing a Redevelopment Plan, including a Service Business District (SBD) zone for the area. In this Redevelopment Plan, for Ringwood Avenue Redevelopment Area I, the Borough Council stated in part:

“in furtherance of the continuing efforts to enhance and revitalize the Borough of Wanaque and to stimulate the proper growth of jobs, retail, and other economic opportunities in Wanaque the Borough Council finds that it would promote the public health, safety, morals, and welfare to redevelop the premises along Ringwood Avenue”.

The properties studied in this Report are generally situated along the busy Ringwood Avenue corridor. Ringwood Avenue is heavily traveled street with traffic counts as high as 20,000 cars daily, according to the Borough Administration. This corridor is conducive to retail and service businesses and is generally not conducive to residences, especially those residences where the front entrances are only 4-8 feet from the busy thoroughfare; Ringwood Avenue. A CVS retail store is located directly across the street, to the east, from the potential redevelopment area.

In the year 2006 the Borough and County of Passaic completed a major streetscape and infrastructure improvement project. This project included a $1.0 million upgrade to the water system. The project also included road, sidewalk, curb and lighting installation and improvements along Ringwood Avenue.

We have researched, in detail, the condition of each property identified by the Borough Council to be potentially included in the Ringwood Avenue II Redevelopment Area. The following chart identifying the condition of the properties, the pictures attached to this Report, the tax assessment property record cards, the property maintenance violations, New Jersey DEP violations, together with other substantial evidence provided in this Report indicates how each of these properties meets the aforementioned statutory criteria used to determine whether the properties qualify as an area in need of redevelopment. All of these documents and other evidence have been reviewed by the authors of this Report. In addition, this Report includes an analysis supporting the designation of each of the properties in the area under criterion e, lack of proper utilization, and criterion h, that being that such a designation is consistent with smart growth principles.

As part of our research we read and took note of the Borough of Wanaque Town Center Report, dated March 2000 as updated in October 2002. This Report, prepared by the Borough, notes:

“The main focus of the Town Center is the Haskell Business District. This five block area consists of a mixture of residential and commercial properties. While some are very well kept, the majority have a run down appearance, and the storefronts have a high vacancy and turn over rate.”

These conditions are the same as those found in our review of the area conducted over the past year.

The chart depicted below indicates that each of the thirty one (31) properties located in the (modified) study area have conditions that are consistent with, and meet the statutory criteria specified in Section 5 of the LRHL, NJSA 40A:12A-5, and therefore may be found in need of redevelopment. Further, based on the substantial evidence, these properties when considered as one area may be designated as an area in need of redevelopment by the Borough Council. This may only be accomplished after considering all other pertinent testimony and evidence, and upon a finding by the governing body that the public health and welfare will best be served by such a designation.

Chart 2

Ringwood Avenue Redevelopment Area II

South of Doty Road

Identification of Property Conditions under Investigation by the

Wanaque Planning Board

Property ID (Block/Lot)

Property Condition

( With Recent Maintenance Issues)

Applicable

Criteria

436 Lot 1