Robert J. Pansulla, an attorney representing developer Anthony Casios, came before the mayor and council to request that the units be available to anyone if they cannot sell it to seniors. "If we can’t do it, I don’t want to see us go through a whole new process of approvals," said Pansulla.

Back to the planning board

A resolution to approve the planning board’s recommendations, particularly making the development entirely senior housing, was tabled and the mayor and council moved to send the project back to the planning board.

"It’s been sent back to the planning board based on the developer’s request that they be allowed to sell to anyone if they were unable to sell to senior citizens within a certain period of time," said borough attorney Tony D’Elia. "We have to look at that, see how it affects our COAH obligations and what it means to us. So it’s going to have to be reexamined by the planning board."

Sal DiBlasi, the borough council liaison to the planning board, told Pansulla the planning board ultimately wants to work with the developer and would consider his request. Mayor Peter Massa also expressed his desire to see properties along Ridge Road, similar to the Ridge Lumber building, redeveloped and rehabilitated.

Because Ridge Road is a redevelopment area, the mayor and council, in its capacity as the borough’s redevelopment board, will have the final say on the development. The planning board recommended the mayor and council approve the development with various conditions. Among these recommendations was to stipulate that the developer restrict all 12 units to seniors only.

At the July planning board meeting one resident expressed his concern that the building would not be a true "seniors only" development and would eventually be for sale to the general public. He cited an example in Lyndhurst where Riverside Plaza, originally intended as a senior housing development, was opened up to the public after the owners could not find enough seniors to live there.

Senior housing, COAH housing

Seniors matter when it comes to development in New Jersey. According to the most recent rules from the Council on Affordable Housing (COAH), a municipality can satisfy up to 25 percent of its affordable housing obligations by setting aside housing for residences where the head of the household is over 55 years old, COAH’s definition of "senior housing."

By making 12 condo units available to non-seniors, North Arlington could lose credit for affordable housing. Without adequate affordable housing, the borough could open itself up to builder remedy lawsuits and be forced to give its zoning powers to the state.

In July, the planning board decided the site would be particularly suited for senior housing because of its close proximity to the senior center, the downtown shopping district and bus stops. Also, the board believes senior housing would have less of an impact on parking in the area.

Doesn’t mean it’s affordable

While age-restricted housing counts towards a town’s affordable housing obligation, it does not mean the units need to be affordable. Presumably, residents over 55 who would qualify could be on a fixed income, but this is not necessarily the case, as many residents over 55 are still in the workforce and can afford housing at higher prices. "From the town’s perspective, the developer can still maximize its sales price," said planning board attorney Charles Sarlo.