Property 379 Ridge Road, North Arlington
Dear Mr. Vazquez:
As you are aware, this office is counsel to the Planning Board and Zoning Board of North Arlington, Borough of North Arlington. A copy of your letter, dated April 17, 2008, which was addressed to the Mayor and Council was provided to my office. As your letter includes references to the Borough’s Land Use Boards, I am providing a response on behalf of the said Boards.
In general, land use and redevelopment are a complex matter. Zoning ordinances and zoning districts are established by the Governing Body to ensure orderly development of the Borough. Several administrations ago, in 1999, the Borough declared the Ridge Road Business District as an-area-in-need-of-redevelopment. The Planning Board and Zoning Board must legally operate within the boundaries of the law. This not only protects the Borough, but it also protects the overall general welfare of the community as we as the applicant itself. If the Planning Board or Zoning Board does not follow the process established under the law, it’s possible that an applicant could be harmed to its detriment as any approved granted may be overturned by a court of law if an interested party challenged the Boards’ actions.
Unfortunately, you made a business decision to choose a location on Ridge Road (i.e. the Cemetery Zoning District) , which does not permit eateries. Had you chosen a location to the north or to the south of the Cemetery Zone on Ridge Road, your proposed use would have been a permitted use and there would have been less legal steps in the process. The Borough’s Ridge Road Redevelopment Plan actually encourages eateries in the northern and southern zoning districts along Ridge Road. It appears that you entered into a lease agreement without regard or consideration of the Borough’s zoning ordinance. Retention of legal counsel by you would have been beneficial given the fact that you chose a location for which the use was not permitted.
As related to your statements about the lack of response by the Board, based on my records, I offer the following:
(i) Nov. 7, 2007 – Robert Kairys letter to you advising you of the process to permit an eatery in the Cemetery Zone.
(ii) Dec. 14 2007 – You completed a Planning Board application
(iii) Dec. 17, 2007 – Planning Board Hearing, which recommended that the Governing Body revise the Cemetery Zone permit your requested use. At this hearing, the balance of the approval process was explained to the representative that you had attend in your place.
(iv) Jan. 13, 2008 – In response to your email to me, an email was sent to you once again explaining the approval process. Presumably, there was still a lack of understanding on your part notwithstanding that the process was explained to you and/or your representative, in writing and verbally on at least three occasions.
(v) Jan. 21, 2008 – Adoption of the Planning Board’s Resolution, based on its December 17, 2007 action.
(vi) March 17, 2008 – Appearance before the Planning Board as required by all Ridge Road business applicants (review of awning, signage, lighting, etc.)
As per the above time line, as of the date of your application, your matter was processed and approved by the Governing Body and the Planning Board in the three month time frame, which is consistent with the timeframe you expected as set forth in your letter, notwithstanding you required what amounted to a zone change to permit your use in the Cemetery Zone. Had you chosen a location which permitted your use, your matter would have been processed within one month.
Lastly, your letter talks about a “substantial investment of $22,000,” which you do not further explain as to how these monies were expended. As you know, your cost to get through the Board approval process was less than $200.00, which was the application and escrow fee. Architectural plans were not presented nor were you represented by legal counsel or an architect. As such, if the $22,000 was expended on rent payments, these payments could have been avoided if you assessed, before signing a lease, that the location you chose did not permit your intended use.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
Charles H. Sarlo
EDITOR'S NOTE: Below is Mr. Vazquez's letter to The Observer
To the publisher:
In response to the article last week in The Observer about redevelopment challenges in North Arlington, I agree with the fact that the blight of Ridge Road is of great frustration to myself and many fellow neighbors that I spoke to. I disagree with the reasons/excuses of our Town officials as to why the blight exists. Look at what neighboring towns like Lyndhurst and Kearny have accomplished with their main thoroughfare, even during a slow economy. They manage to have many successful businesses available for their local residents. Lets try to find reasons to make projects more timely and cost effective for small business owners who do not have unlimited resources, but do have a vested interest in the town in which they reside. Let us consider the new businesses coming in to town as investors and treat them as such.
For township officials to say “there is nothing we can do about it” is an indication of how ill prepared our leadership is. Our leaders need to produce results. By overcoming the challenges and putting the right resources in place to accomplish the task, we can solve the problems that face North Arlington. Reasons about what you can’t do should be replaced by ideas on how results can be achieved.
Having personally tried to invest in a small business on Ridge Road I encountered an inefficient bureaucracy which caused a 30 percent increase in the development costs. Had this business venture been presented in the towns of Lyndhurst or Kearny these extra expenses would not have been incurred. In addition to these added expenditures, which ultimately made the project impossible to pursue, when I approached township officials and made them aware of these obstacles and requested their help to streamline the process, my request seem to fall on deaf ears.
Going to our leaders and requesting their assistance and having no one take ownership for the problems being presented is an indication of how poorly prepared our current elected officials are.
Odilo Vazquez
North Arlington
North Arlington
