West Orange Planning Board Resolution Recommending Main Street Extension

TOWNSHIP OF WEST ORANGE PLANNING BOARD RESOLUTION RECOMMENDING THAT BLOCK 116, LOT 44, 239-245 MAIN STREET BE DESIGNATED AS A CONDEMNATION AREA IN NEED OF REDEVELOPMENT PURSUANT TO N.J.S.A. 40A:12A-5(b) OF THE LOCAL REDEVELOPMENT AND HOUSING LAW (LRHL) WHEREAS, by Resolution 134-19, adopted May 14, 2019 (the “Resolution”, the Township of West Orange Council (the “Council”) directed the Planning Board to conduct a preliminary investigation in order to investigate the area comprised of the properties listed below and gencrally described as the Main Street Extension Study Area (the "Study Area"), to determine if the Study Area should be determined to be a condemnation area in need of redevelopment under the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-I, et seg. (the “LRHL”); and WHEREAS, Study Area includes the following properties: 239-245 Main Street (Block: 116; Lot: 44) 247 Main Street (Block: 116; Lot 47) 249 Main Street (Block: 116; Lot: 48 ) 251 Main Street (Block: 116; Lot: 50) 253-255 Main Street (Block: 116; Lot 51) 259 Main Street (Block: 116; Lot: 53) 257 Main Street (Block: 116; Lot: 53.01) Kling Street (Block: 116; Lot: 55) Kling Street (Block: 116.01; Lot: 81.03) 261 Main Street (Block: 116.01; Lot :86) 263 Main Street (Block: 116.01; Lot: 87) 265-267 Main Street (Block: 116.01; Lot:88) 269-271 Main Street (Block: 116.01; Lot: 89) 273 Main Street (Block: 116.01; Lot: 91) 275 Main Street (Block: 116.01; Lot: 93) 277 Main Street (Block: 116.01; Lot: 95) 279-281 Main Street (Block: 116.01, Lot: 96) 283 Main Street (Block: 116.01; Lot: 97) 285 Main Street (Block: 116.01; Lot: 98) 92 Washington Street (Block: 116.01; Lot: 99) 88 Washington Street (Block: 116.01; Lot 100) 84 Washington Street (Block: 116.01; Lot 101.01); and WHEREAS, Heyer, Gruel & Associates, prepared a report dated September 8, 2021, entitled Main Street Extension Redevelopment Study (the “Redevelopment Investigation Report”) (Attached hereto as EXHIBIT A), setting forth the findings and recommendations with respect to the redevelopment designation of the Study Area; and WHEREAS, the Redevelopment Investigation Report determined that only one property within the Study Area, identified on the Township of West Orange Tax Map as Block 116, Lot 44, 239-245 Main Street, upon which the vacant Future Auto Body is situated (the “Auto Body Shop”), 6622273

with the remainder of the properties in the Study Area being determined to demonstrate conditions to qualify for the existing rehabilitation designation but not a redevelopment designation; and WHEREAS, more specifically, the Redevelopment Investigation Report determined that the Auto Body Shop met redevelopment criteria “b” under N.J.S_A. 40A:12A-5(b) of the LRHL, which provides for the following conditions supporting a redevelopment designation: “The discontinuance of the use of a building or buildings previously used for commercial, retail, shopping malls or plazas, office parks, manufacturing, or industrial purposes; the abandonment of such building or buildings; significant vacancies of such building or buildings for at least two consecutive years; or the same being allowed to fall into so great a state of disrepair as to be untenantable.”; and WHEREAS, the Redevelopment Investigation Report made the following findings with respect to the Auto Body Shop: “The Auto Body facility has been out of business since 2013 and the storefronts and upstairs offices are vacant. Since the business has not been in operation for more than two years, the property qualifies under the newly modified criterion “b”. In addition, the physical condition of the property demonstrates deterioration. The lengthy vacancy and physical condition of the site demonstrate that it is untenantable in its current state. Therefore, the requirements for criterion “b” are satisfied.” ;and WHEREAS, upon duly served and published notice, pursuant to N.J.S.A. 40A:12A-6, the Planning Board held a virtual public hearing, via the Zoom platform, on November 3, 2021, to investigate whether some or all of the properties within the Study Area should be determined to qualify for designation as an area in need of redevelopment under the LRHL; and WHEREAS, at the public hearing, the Planning Board heard the testimony and a presentation of the Redevelopment Investigation Report by its author, professional planner John Barree, AICP, PP, of Heyer Gruel & Associates, and the findings of the Redevelopment Investigation Report that only the Auto Body Shop qualified as an area in need of redevelopment under the LRHL; and WHEREAS, Mr. Barree was subject to questioning from members of the Board and members of the public; and WHEREAS, the Board also heard from members of the public concerning the Study

er the LRHL; and WHEREAS, Mr. Barree was subject to questioning from members of the Board and members of the public; and WHEREAS, the Board also heard from members of the public concerning the Study Area, the Redevelopment Investigation Report and the recommendation for the designation of the Auto Body Shop as an area in need of redevelopment under the LRHL; and WHEREAS, after reviewing the report and hearing the sworn testimony from John Barree regarding the Redevelopment Investigation Report and comments from members of the public, the Board determined, for the reasons set forth herein and on the record during the hearing, to accept the findings and conclusions of the Redevelopment Investigation Report and recommend to the 2 6622273

Township Council that the Township Council designate the Auto Body Shop, but no other properties in the Study Area, as a condemnation redevelopment area under the standards set forth in N.J.S.A. 40A:12A-5. NOW, THEREFORE, BE IT RESOLVED by the Township of West Orange Planning Board, that the Board hereby recommends to the Township Council for the reasons set forth herein that the Township Council should designate the Auto Body Shop, but no other properties in the Study Area, as a condemnation redevelopment area under the standards set forth in N.J.S.A. 40A:12A-5(b). Vote on Action & Memorialization by the Board at Regular Public Meeting on November 3, 2021: IBOARD IMOTION SECOND MEMBER IAYE INAY ABSTAIN [ABSENT [Bagoff (Ch.) Xx (Guarino x >< [>< Smeraldo [Klein (McCartney McNair \Wilkes (V.Ch) >< |< [>< Certified to be a true copy of the Resolution adopted on the 3rd day of November 2021. Mina < Orkid, Diana L. Chandler, Acting Secretary 6622273