It’s been a tumultuous ride on the roller coaster of affordable housing obligations for Carlstadt. After months of continuous criticism from affordable housing advocates, a builder’s remedy suit that turned for the worse according to borough officials and a temporary court-ordered loss of zoning power successfully appealed, Carlstadt officials say they are now on track. The council has expedited its efforts to nail down a plan to supply future low to moderate income housing within the town’s borders by creating a third round Council on Affordable Housing (COAH) plan sent to Trenton for certification. In the meantime, the plan also gives what officials say is just reason prior obligations cannot and should not be met by the borough.
Much of the argument throughout the fight to block Tomu Development Corp. from building its 840-unit residential towers along the banks of the Hackensack River in a long-lasting builder’s remedy lawsuit was the need for wetlands and riverside preservation. That suit targeted the borough, East Rutherford and the New Jersey Meadowlands Commission (NJMC).
Mayor Will Roseman attached a letter to COAH Executive Director Lucy Voorhoeve with the request for substantive third round certification asking a vacant land adjustment be granted to the borough in addition to the growth share certification. Roseman said 40 percent of Carlstadt’s land, in which COAH had assessed through the use of satellite imagery in 1991, is vacant. However, that same land he said is environmentally sensitive, thus making it unusable for development and subsequently useless for affordable housing opportunities. It also defied the structure of the borough’s Master Plan.
"During the preparation of the Housing Element and Fair Share Plan, both the governing body and planning board expressed concern about the Borough’s ability to satisfy its prior round obligations of 186 units," wrote Roseman. "The Fair Share Plan proposes to address 31 units of unmet need through a combination of overlay zoning and new construction; however the Borough does not have undeveloped land that can accommodate the balance of 155 units."
The partial unmet needs would come by way of expected credits from two distinct aspects incorporated into the third round plan. An overlay zone in the upland portion of town where all residential construction exists in the Borough and an age-restricted senior housing project planned for the Washington School site on Third Street would satisfy those 31 units.
The school site was turned over to the borough in a swap with the board of education when students moved to the new consolidated Carlstadt Public School at the site of the old Lindbergh School. The plan calls for a complete demolition of the building and construction of a new 40 unit, one-bedroom rental project with monthly rents ranging from $510 to $873.
The plans call for completion of the project by June 2009 at a cost of $5.9 million; most of which the borough anticipates would be absorbed through alternative outlets. Those include low income housing tax credits, the Neighborhood Preservation Balanced Housing Program, development fees accrued through an affordable housing growth share ordinance and the Home Investment Partnerships (HOME) Program.
"That’s how we were looking at this approach, instead of building in the Meadowlands, this is called proper planning and management," said Councilman Joe Crifasi. "We don’t mind providing affordable housing, as long as it’s on our terms and coincides with the residential areas. Services are accessible to everyone and there is a gateway to more community involvement."
As of last week, Crifasi sounded confident the plan had some teeth because he was in receipt of a letter informing the borough COAH had received in full filing compliance of the third round plan. Subsequently, the review process would then commence. As for the Tomu situation, he said if all goes well with the plan, he hopes it would help shed light in the courts. He said if the agency determining the rules finds there are scarce resources for development in the borough, Carlstadt’s planning will be put to good use.
"We are confident that this plan will pass and then we can say ‘here is an alternative of what we’ve been saying all the time’," said Crifasi. "We want to provide housing at a location as we want it. We like to be a well-thought borough on planning for the future. It’s not about converting a small apartment building into 20 units just because you’re told to do so."
Other considerations for possible affordable housing units are several properties along Industrial Avenue and the Novus Fine Chemical facility. Those properties, all of which border residential districts in town, are now in the process of going under the microscope in need of redevelopment areas. If they are deemed in need of redevelopment, developers would be required to supply affordable housing on site.
Although COAH is now under a court-ordered directive to reorganize guidelines pertaining to the third round rules, Carlstadt and other towns are still encouraged to voluntarily submit third round plans or be subject to further builder’s remedy lawsuits. In Roseman’s letter to Voorhoeve, he suggested taking a look at all the guidelines for municipal affordable housing obligations.
"Unless the methodology is modified, an unrealistic expectation will continue to be placed upon municipalities such as Carlstadt that lack suitable developable land to address their assigned prior round obligations," he wrote. "Moreover, COAH will surely have difficulty in meeting the projected statewide need for affordable housing during the third round."
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