As we are reminded daily by the media, the nationwide housing market is in a decline, both in terms of the amount of new construction and in terms of housing prices. This is also the case in Englewood, where the intense pressure we have seen for new construction and for more dense development in existing residential areas appears to have eased for the time being. Englewood has been through an unfortunate period over the last decade when far too many important decisions were made more for the benefit of well-heeled and politically influential developers than for the benefit of the community as a whole. As we emerge from this period it is important that we better define and understand what in fact we want for our community. We need time to absorb the implications of projects recently completed or under construction. And we need more emphasis on preserving and protecting the valuable physical assets we have and less emphasis on adding to them.

There is much which differentiates Englewood from our neighboring suburban communities, from the economic and ethnic diversity of our population to our lively politics. But one feature which is of special value is the character of our attractive tree-lined and well maintained residential neighborhoods, which clearly have been in existence for a while. Englewood was one of the first communities in Bergen County to be settled, and has to this day far more officially designated historic buildings. Our unique situation, convenient to Manhattan but attractively suburban, has for a century and a half attracted prominent persons and less prominent persons to build or acquire distinctive residences within our borders, and to create a community which also includes distinctive public buildings.

In its 2003 updating of Englewood’s Master Plan, the Planning Board included an entire section on Historic Preservation. To quote from this section:

Englewood has a special feeling, a distinctive sense of place that residents and visitors alike associate with the city’s historical architecture and landscapes... the Master Plan attaches a high priority to the preservation and protection of the city’s historic heritage.

The Plan recommends the establishment of a Historic Preservation Commission, which "through a community outreach, should enlist property owners both individually and in areas with historical significance...to enroll as designated properties and historic preservation districts." Efforts would be made and incentives established to discourage the demolition of specified historic structures.

As the housing market recovers, it is likely that the intense pressure on our residential neighborhoods from developers of townhouses, multiple dwellings, and inappropriately large or incompatible single-family dwellings will resume. The City Council, the Planning Board and the Board of Adjustment should be aware of this and protect us to the extent it is legally possible. Creation of a Historic Preservation Commission as recommended by the Planning Board in 2003 (and rerecommended in 2007) would provide additional evidence of the value we place on our special character.

On September 12, in a piece entitled "Another Zoning Challenge," we reported on the plans of developer Aram Minnetian to build thirty-two townhouse units on the property at 45 Dwight Place, a single-family zone. The case is now scheduled to be heard by the Board of Adjustment on Thursday, November 8. Neighboring property owners, under the leadership of Howard Stotsky, are organizing opposition to the project, and have retained a qualified attorney, Mark Madaio, to represent them.

As we pointed out previously, if approval of this project is seriously considered, no single-family neighborhood in the City will be immune from a similar threat. The neighbors are seeking support in the form of attendance at the November 8 meeting (8 PM, Public Safety Complex), and in the form of contributions to help pay the legal fees. The Englewood Report endorses their request. Checks made out to Kenneth R. Tauber, annotated "45 Dwight Pl," and mailed to Howard Stotsky at 77 Dwight Place will help put a stop to this zoning challenge.

In our April article entitled "Englewood’s Building Boom," we pointed out that there is currently in Englewood "considerable economic pressure from private developers for more dense multi-family development in single-family zones." A particularly egregious example of this pressure is the case recently filed with the Board of Adjustment requesting a variance to build 32 townhouse units on the property at 45 Dwight Place, which is zoned for single-family residences. A public hearing on this proposal is scheduled for September 20.

The developer making the application, Aram Minnetian, successfully developed (and now lives in) the nearby Lexington Court townhouse complex on property where the Marriott Corporation had hoped to build a large assisted living facility. Marriott was only thwarted after several years of tenacious opposition by the City of Englewood and neighboring property owners, and those involved were eager to finally settle on a reasonable alternative. Accordingly Minnetian requested and was granted a zoning change permitting townhouse development in what had been a single-family zone. In the case of 45 Dwight Place he has not requested such a zoning change, probably because he knows it would be denied. Instead, he has chosen to ask the Board of Adjustment to grant a variance from the zoning.

Howard Stotsky, a neighboring homeowner, has been monitoring Minnetian’s plans for two years. All eight of the existing condo owners have agreed to sell their units to Minnetian, conditional on him getting approval for his plans. Now that those plans have been officially filed with the City, Stotsky is organizing opposition to them in the community, including the retention of an attorney.

The Board of Adjustment could decline to hear the case, on the grounds that only the City Council can grant a zoning change. Alternatively it could advise the applicant that his application does not meet the criteria required for a variance. The Englewood Report feels strongly that our citizen boards have an obligation to uphold the zoning law, and should not seriously consider proposals of this nature which flagrantly violate that law. If there is any chance that this proposal could be approved, then no single-family neighborhood in Englewood would be safe, and the Board would likely be overwhelmed with similar projects. Our citizens should not have to hire lawyers to protect their neighborhoods; that is what the boards are for.

Last month, before a crowded room of concerned neighbors, the Planning Board approved the Church of God of Prophecy's plans to acquire, destroy and replace one of Englewood’s classic historic homes with a large church building and parking lot.

The house in question is over a century old and located on a large lot at 237 Tenafly Road in a single-family residential area.  It was the residence of Dan Fellows Platt, a former mayor and one of Englewood's most prominent residents.

Unfortunately, the Planning Board chose to ignore the historic significance of this residence.  It chose to ignore the protests of neighboring homeowners.  It chose to ignore testimony on the detrimental impact this construction will have on neighborhood traffic and parking.  It chose to ignore the further erosion of Englewood’s tax base.

Because of the large turnover in its membership, most Planning Board members had not in fact listened to the case's testimony, which had been taken during numerous hearings over the last three years.  Instead, they took their cues from Mayor Michael Wildes, who had appointed them to their seats. The neighbors of the property, as well as other concerned citizens, are currently raising funds to finance an appeal. For further information contact John Clagett at 201-503-1004.

The master plan is a document required of each community under State law, and the State requires a review of that plan every six years. In Englewood the last review took place in 2003. In a notice inviting citizen participation in that review, the Englewood Planning Board stated:

The master plan describes our vision of the City of Englewood. It outlines the kind of neighborhoods, recreational facilities, and downtown we want. It identifies the objectives we are trying to achieve through development and also the qualities we seek to preserve. In short, the master plan expresses what we want Englewood to be and frames that vision in terms of land use controls that affect all future development and impact our life as a residential community.

The master plan is not a law, but it provides the general guidelines to be expressed in specific terms in Englewood’s Zoning Ordinance and other legislation. The Englewood Planning Board and Board of Adjustment, which regularly hear and decide land use cases, are expected to heed those general guidelines as well as the legislated regulations.

The Englewood we live in today was shaped by some of the crucial planning decisions made in the past. Examples include: height limitations in residential areas; the delineation of a light industrial area; preservation of open space; the construction of subsidized public housing; and, more recently, development of the west end of Palisade Avenue; and more intense use of our light industrial area.

Much of the extensive construction we see in our City today is generally in accord with previously determined planning objectives.

Under the leadership of then Mayor Paul Fader and then Planning Board Chair Hilary Ballon, an extensive effort was made in 2003 to encourage public participation in the master plan review process. Four Master Plan Task Forces were formed and citizens were invited to participate.

The master plan review, when completed, listed its Statement of Objectives:

• Preserve the character of the residential neighborhoods

• Support residential neighborhoods to stabilize property values

• Encourage residential development in the Central Business District

• Address the shortage of parking in the Central Business District

• Promote public transportation, including light rail and trolleys, to ease traffic congestion, encourage use of peripheral parking lots, and provide access to the Central Business District from outlying areas

• Develop pedestrian walkways and bicycle paths as the connective tissue in the city, providing access from residential areas to major community resources, including the public library, town hall, Depot Square, Mackay Park, playgrounds, parks and shopping areas

• Enhance the intersection of Demarest and Dean Streets so that this area serves as an appropriate gateway to downtown Englewood

• Encourage mixed-use development in targeted areas, in particular the Office-Industrial Zone where land is underutilized

• Protect historic neighborhoods

• Nurture pride in our community and a sense of civic identity by setting high standards for urban design and protecting the quality of our built environment

• Take full advantage of open space resources, in particular by redesigning Depot Square as a site of community activities, with a landscaped park, outdoor amphitheater for concerts and movies, and facilities for an open-air market

It is evident that four years ago a great deal of thought and public participation went into the preparation of this list. But planning objectives require leadership and commitment to become reality. We hope this list has not just been filed away in a drawer and forgotten by our public officials of today.

Englewood is undergoing an unprecedented building boom and pending projects indicate that this may continue for a while longer.  To better understand the issues involved and the concerns people have, it's useful to discuss this construction in three categories:

1) private projects encouraged by and/or negotiated with the City government
2) private projects without direct government participation, undertaken in accordance with (or requiring a variance from) the City's zoning regulations
3) public projects such as those currently being undertaken by the Board of Education following passage of the school construction referendum in 2004

Implementing Planning Goals

 In the first category of construction are the two Group USA buildings on West Palisade Avenue and the Towne Center development across from City Hall.  These projects are intended to implement  major planning goals, which have been to encourage residential development in the Central Business District and to stimulate investment west of the tracks.  The Towne Center project became controversial recently as a result of a disturbing breakdown in the process and details of the building plan approval  between the developer and City officials.  And the shear scale of the actual building was, apparently, a shock to many city residents.

Another major planning goal has been, to quote from Englewood's Master Plan, to "encourage mixed use development in targeted areas, in particular the Office-Industrial Zone where land is underutilized."  The motive here is primarily financial, to reverse the steadily declining portion of local property taxes which have been contributed by our industrial area, and thereby benefit residential taxpayers.  It is thus essential that the total impact, including both additional revenues and costs to the City, be assessed on any new project, to insure that it will in fact be a significant benefit. The nearly complete Englewood South project north of Route 4 and the massive Flatrock Square project south of Route 4 recently approved by the Planning Board are major examples in this category.  

Rogue Planning Board 

Unfortunately, the potential tax benefits from the Flatrock Square project have been severely eroded as a result of two Planning Board decisions: 1) in 2005, to allow indefinite postponement of the originally negotiated requirement for an office building, and 2) recently, to allow the construction of rental apartments as opposed to condos.  From a tax point of view, office construction is normally the most desirable, while the tax rate on condos is typically as much as twice that on rental apartments.

Under Englewood's City Charter, the Mayor has the sole power to appoint members of the Planning Board, and thus the ability to exert considerable influence on its decisions.  Englewood's Planning Board has nonetheless historically had a reputation for fairness and thoroughness.  Under the current Mayor, Michael Wildes, it may be losing that reputation, as Wildes changed from opposing the project when he disassociated himself from Bergen County Democratic Boss Joe Ferriero to now becoming an ally of the machine he used to oppose.

 Wildes has subsequently negotiated privately with the developers in his Manhattan office and then demanded a rubber stamp from its members.  Wildes is currently running for the State Senate in Legislative District 37, with the support of County Democratic Chairman Joseph Ferriero.  Campaign contributions from developers are a major funding source for the County organization.  

Work on the Flatrock Square project was halted by the City on March 30, alleging failure to obtain an adequate building permit.  Members of the City Council are known to be displeased with the action of the Planning Board, and we would not be surprised to see legal action undertaken by any of the parties involved.

Neighborhood Preservation

In the second category of development are a series of projects which threaten the integrity of single-family neighborhoods throughout Englewood, mostly requiring variances from the Board of Adjustment.  The first two objectives listed in Englewood's Master Plan are "Preserve the character of the residential neighborhoods" and "Support residential neighborhoods to stabilize property values."  However, there has been considerable economic pressure from private developers for more dense multi-family development in single-family zones, and there are a number of cases which are pending before Englewood's Board of Adjustment in this category. 

In addition, there are cases where religious institutions are attempting to locate in single family zones, with traffic and other disruptive implications. And because houses of worship are tax-exempt, the acquired properties are pulled off the tax roll. In a number of cases, residents have felt compelled to hire their own lawyers to protect their neighborhoods' single-family zoning. The Bergen Record recently called Englewood the "religious capital of Bergen County." And with over 40 houses of worship in Englewood today, we can expect even more of these battles to play out before the Board of Adjustment in the near future.

Public Projects

In the final category are the new John Grieco School in Durie Park, the additions to Quarles and Cleveland schools and the renovations at the middle and high schools.  Upon the completion of the Grieco School, the Lincoln School on Englewood Avenue is scheduled to be vacated. The City of Englewood has assumed ownership of the Lincoln School site and of the site of the Liberty School, where the Board of Education is located.  Major questions still remain on the future use and disposition of these properties. 

Also in this category of development is the new parking garage on Dean Street, which appears to have been constructed by the Economic Development Corporation without adequate planning for its management and security.  As well, the garage's role in the comprehensive economics, hours and deployment of City parking was not thought out in advance, putting pressure on the City to increase street parking fees to redirect business to the garage.

Recommendations 

This newsletter believes that our elected City Council should, by whatever legal means are available to it, assert control over what appears to be a chaotic situation.  Decisions that should be made by the Council have in fact been appropriated by non-elected bodies such as the Planning Board and the Economic Development Corporation.  A major criterion in the selection of a new City Manager should be familiarity with the complications of development.  We recommend that the Council:

1) review all projects in which the City is involved
2) signal through public statements and its appointments to the Board of Adjustment that zoning of single-family neighborhoods will be respected
3) move ahead with a process to decide on the future of the Lincoln and Liberty Schools
4) signal the start of a new era by announcing a moratorium on all projects until a review is conducted to determine where we are and where we should be going, both from a planning and financial point of view. 

Most importantly, there must be public as well as expert input throughout this process.

The people of Englewood have good cause to be upset by this chaotic situation. Yet, this upset can only be corrected if City officials change course and proactively engage citizens, providing them with informed consent, transparency and a clear demonstration that conflicts of interest will not be tolerated.

On its face, this is simply a timeline of a large development project that's planned for the south side of Route 4.  Yet, the evolution of this project is also a case study in pay-to-play.

Over the last seven years, developers and their political watercarriers have been selling the benefits of this massive development complex to the residents of Englewood. They claim that the project is a win-win for everyone, promising lowered taxes, minimal traffic congestion and a cleaner environment.  But the real evidence shows that a developer can best get what he wants by currying favor with politicians who control boards and councils. "If it walks like a duck, quacks like a duck and looks like a duck, it's a duck." Check out the following timeline and do your own Duck Test.

2000

Englewood officials propose a massive $500 million project to redevelop 60 acres of land on the south side of Route 4. The proposal would replace warehouses and small factories with hotels, housing units, stores and offices.

Critics cry political favoritism when the all-Democratic city council hands the project over to private developer Hekemian Kasparian Troast (HKT), which is represented by attorney and county Democratic chairman Joe Ferriero.

Business owners resist the development project, which relies on eminent domain to seize their privately owned land and sell it back to HKT at cost. Residents of Leonia and Englewood express concern over increased traffic on the already congested Route 4. (Source: The Star Ledger)

2001

Superior Court Judge Jonathan Harris halts the project, ruling that the city had failed to properly notify the public about the project's hearings. (Source: The Bergen Record)

2002

After the 60 acre proposal fails, Englewood's city council targets the same area for redevelopment once again. This time, the council votes 3-1 to rezone 30 acres of land on the south side of Rt. 4 and an additional 14 acres on its north side. According to officials, HKT will have to get land through negotiations with landowners rather than eminent domain.

Then-Councilman Michael Wildes casts the lone vote against the zoning change, calling Boss Ferriero's legal representation of HKT "inappropriate." In a prepared statement, Wildes says, "The people of Englewood should never have to question the motivations and judgment of the people who represent them." (Source: The Bergen Record)

2003
The city council votes for an ordinance that condemns gas station properties to make room for a road connecting Route 4 and another HKT development on the highway's north side. (Source: The Bergen Record)

2004

Bergen County officials appoint Englewood Councilman Doug Bern as the lawyer for the Northwest Bergen County Utilities Authority (BCUA).  Councilman Bern is a vocal supporter of HKT developments along Rt. 4, having voted for the 2002 rezoning ordinance and the 2003 condemnation ordinance.

Critics view Councilman Bern's new $30,000 per year contract as a quid pro quo when it's unearthed that the Northwest BCUA's chairman is none other than Michael Kasparian, president of HKT. (Source: The Bergen Record)

2005

Mayor Michael Wildes, once an opponent of the HKT project, pressures the planning board to vote on an HKT-backed change to the South of Rt. 4 development. According to the Record, the proposed deal "lifts a restriction that the developers simultaneously build office and hotel space," allowing HKT to abandon the original ordinance's call for "mixed use" development. In return, HKT agrees to build condos instead of apartments, which Wildes and the developers claim will bring in more tax revenue.

Despite protests from residents and some board members, the planning board holds a midnight vote on the deal, which wasn't placed on the agenda. Councilwoman Charlotte Bennett-Schoen criticizes the vote, saying, "I have never seen the planning board pressured the way pressure has been applied on this board." The board's chairwoman Hilary Ballon resigns, questioning whether the unannounced midnight vote had been conducted appropriately.

Mayor Wildes later admits that he met with the developers in his Manhattan offices before the vote took place.

The following month, Boss Joe Ferriero backs Michael Wildes in his bid for an open Assembly seat. Wildes loses. (Sources: The Bergen Record, PoliticsNJ)

2006

During his mayoral campaign for reelection, Mayor Wildes claims to have saved millions for Englewood taxpayers by convincing HKT to build condos instead of apartments.

2007

Once again, Mayor Wildes and his appointed Planning Board approve HKT-backed changes to the development. In a 6-1 vote, the Planning Board agrees that HKT shouldn't have to build condos after all.

The same month, Joe Ferriero backs Michael Wildes in his bid for Loretta Weinberg's Senate seat. (Source: The Bergen Record, PoliticsNJ)

"Government is supposed to be us. It is supposed to be the means to make our communities better places to live. But in New Jersey, too often government is a means to a single end: the improvement of life for those who possess power." 
- Larry J. Sabato, a national political science expert at the University of Virginia

In the 1990s, the City of Englewood amended its Zoning Ordinance to permit "Planned Unit Development" (PUD) in the City’s industrial area. The rationale was to permit denser development, reverse the declining proportion of tax revenues provided by the industrial area and, thereby, benefit residential taxpayers. The PUD concept combines residential, office and commercial development. From a tax revenue perspective, office construction is normally most beneficial, since additional costs to the municipality are lower.

To utilize the new zoning, the development firm S. Hekemian Kasparian Troast LLC (HKT) proposed some years ago to develop a major site in Englewood’s industrial area south of Route 4, and received the support of the City Council for their plan. The original plan for a large office, hotel and residential project received opposition from industrial property owners who objected to losing their land under eminent domain, and from citizens in neighboring Leonia, from which the property would have been accessed. In addition, there was concern in some quarters over the reappointment of Councilman Doug Bern as the lawyer for the Northwest Bergen County Utilities Authority, whose chairman was none other than Michael Kasparian of HKT. Concern also arose from the apparent relationship that some Englewood Council members enjoyed with Democratic County Chairman Joseph Ferriero, whose law firm represented HKT. However, this plan was eventually aborted after a judge ruled that legal procedures had been improperly followed.

More recently, HKT submitted an altered plan, no longer reliant on eminent domain, and with a new access road from the north to be constructed by the City. Known as Flatrock Square, it included an office building, an 8-story hotel, 399 residential units and a parking deck.

After numerous hearings before the Planning Board, during which HKT resisted the office building requirement, a sudden agreement was reached in August, 2005. Through the auspices of Mayor Michael Wildes, the Planning Board conducted a midnight vote, which allowed for an all-condo project. The Chairwoman of the Planning Board, Hillary Ballon, resigned over the episode (“Englewood planner resigns in protest,” The Bergen Record, 9/20/05).

The HKT drama continues in 2007, as the developers are appearing before Mr. Wildes’ Planning Board to get yet another change on the project. HKT has now requested that the all-condo requirement be waived, claiming the condo market is too weak, and has offered cash payments to the City instead.   The next planning board meeting to discuss the HKT proposal is scheduled for February 21, 8 p.m. in the Englewood municipal court, 75 S. Van Brunt Street.