Vanderbeck Hearing May 17

This message from Marc Colyer has been posted on Facebook:  https://www.facebook.com/groups/948147208544075/permalink/1427880190570772/

At the May 17th council meeting they will be discussing changing the Master Plan/Zoning to allow high density housing on the historic Vanderbeck property. In my opinion this is not what Fair Lawn needs. The history of both the Naugle and Vanderbeck properties dates back to when American Indians lived there. The Naugle and Vanderbeck homes were built before the American Revolution and are on maps that were used by the Continental Army to defeat the British. Both homes are on the State and National Registry of Historic Places. Gen. Lafayette supposedly had his HQ at the Vanderbeck house.

The historic value should be enough to do whatever it takes to save the properties, but its not.
It’s also an environmentally sensitive area. The NJDEP classifies it as a "Well head protected area" meaning the rain that falls there helps supply us with clean drinking water. It also supports varied species of animals. Adding more impervious coverage will not doubt lead to more runoff and increased flooding. Any development leads to increased pollution.

Many people have fought long and hard to save the Naugle house. The Boro/County has spent millions of our tax dollars to procure, preserve, and restore it. However, the development plan calls for a road to be built very close to the Naugle house, such heavy construction could easily compromise the 260+ year old structure. On paper both homes are saved, but in reality building a town home unit next to the Vanderbeck house could jeopardize its stability. We could end up losing both homes.  Do we need more traffic at Saddle River Rd. and F.L. Ave, do we need more stress on our water and sewage system?

Attend the May 17th Council meeting and let your voice be heard.

Bergen County Historic Preservation Workshop: Linking History and Community

The Bergen County Historical Society is sponsoring a full day workshop on Saturday, April 16, 2016 at Historic New Bridge Landing including Preservation Tools in New Jersey by Jonathan Kinney, NJ State Historic Preservation Office, Historical Primer & Practical Guide to Bergen County's Domestic Architecture by Kevin Wright, How to Research the History of a Building by Peggy Norris, Jennifer Rothschild serves as moderator on 5 representative panel. Breakfast and Box Lunch. Free Invasion & Retreat Map raffle and Battleground Tour. By reservation only, limited seating, open to everyone. Download the schedule and signup form. Or sign up through PayPal.
The Preservation Workshop is open to everyone interested in history and preservation issues.
Attention Bergen County Historic Preservation Commissioners: This conference will provide attendees with a continuing education experience that is a requirement to maintain CLG status and, most importantly, to assist Commissioners in their work.

Update

Pam Coles clarifies the actual process.  The amendment is not coming up for approval tonight, but In tonight's Work Session the Council is considering its report from its consultant and from the Planning Board and deciding whether to introduce an ordinance to re-zone the VanderPlaat property (and the Vanderbeck house) for multi-family housing.  Public comment is only at the end of the meeting. If they decide to introduce an ordinance, it must be introduced at a regular Council meeting.  It is important for the public to make their voice heard at each step of the process.

Vanderbeck House Spot Zoning in Fair Lawn

Fair Lawn is amending the master plan to rezone the Vanderplaat property to avoid the proposal for townhouses from having to go to the Zoning Board for a use variance.  The amendment is coming up for approval at the Fair Lawn Council meeting Tuesday, March 8 at 7:30 in Room 201 of Borough Hall.  If the zoning change is approved by the council, the developer may have to appear before the Zoning Board for other variances, but not for the use variance on which they were defeated before.  Their present plan is for town houses and repurposing the Vanderbeck house as a community center.  See agenda at this link: http://tinyurl.com/jm7s6bg (this opens the document in my Google Drive account) or go to the borough website: www.fairlawn.org

images posted on Dunkerhook Advocates Facebook Page by Bob Carroll

Use Variance for Assisted Living Facility in Fair Lawn, DENIED

The Fair Lawn Zoning Board met last night and with a vote of 4 in favor to 3 against, denied the use variance for the assisted living facility for the Vanderbeck property.  A super-majority of 5 yes votes was required for approval.  Thank you all for your interest in historic preservation and the environment. The citizens prevailed on this one, but just by one vote.  Every meeting, every facebook post, and every conversation was important in outlining the "substantial detriments" needed to overcome the request for an "inherently beneficial use."  (This is the legal standard that the Board was required to consider.)   One of the lessons here is that our voices can be heard, but we have to work hard to make them heard.

Best regards, Peggy

Peggy W. Norris

Fair Lawn Zoning Board Meeting April 30 to hear the application of Barrister Land Development Corp. for a use variance for the Vanderbeck property in Fair Lawn.

1.  Developer presented "simulations" of the placement of the building in an actual photograph taken from the park on the north side of the river.  Photos and an explanation of how they were created were presented. 

2.  .  Discussion by the Board of conditions to be attached to an approval, which included those outlines in an engineer's report/developer's report and added by the Board and Board's lawyer.

3.  The Board's planner summarized the developer's argument for beneficial use and gave her opinion that the beneficial use was not overcome by substantial detriments.  She was open for questions, most of which came from the public.  There were long discussions of beneficial use and the legal burden of finding substantial detriment.  The Chair abruptly cut off public questioning.

4.  Developer's lawyer gave his final summation, which was a very well-reasoned argument for approval based on the law.  The process does not provide an opportunity for the public to provide a well-reasoned argument for denial based on substantial detrimental impact and the law.

Discussion by Board members (some of these comments were made during the voting.)

Richard Seibel: He grew up in Fair Lawn and clearly  has an attachment to the land and concerned about the size of the project.  However, he stated that he was undecided.

Y. P.: Although she saw negative impacts, she felt that the ability to keep aging family members in place and provide internship possibilities for students were over-riding.

James Lowenstein:  He gave a well-reasoned and thorough statement of the case and concluded that the burden of legal proof had been met.

Todd Newman, Chair:  On balance met the legal proofs and "quite nice."

Kevin Puzio:  No comments.

Samuel Racenstein: Traffic, Safety, and Quality of life concerns

Avi Naveh: Comments not recorded.

Several zoning board members were absent, including 2 who were not eligible to vote on the application.

5.  Lowenstein made the motion to approve the variance with the conditions set forth by the Board.

6.  Vote:

Richard Seibel: N

Y. P.: Y 

James Lowenstein: Y

Todd Newman, Chair: Y 

Kevin Puzio: N

Samuel Racenstein: N

Avi Naveh: Y

There had been no announcement beforehand that the granting of the use variance required a super-majority, that is, 5 yes votes.  So, it took me by surprise to hear the chair announce that a super-majority of 5 votes was required, so the variance was denied.  The developer can come back with a "substantially different plan."  (I guess that the developer also has the option to sue.)

In this account, some things may be out of order.  There is no up-to-date list of Zoning Board members, so I only have Y. P.'s initials (I couldn't read her card).    Meeting went to almost 11:30.

Vanderbeck Hearing today

The proposal to develop the Vanderbeck property with an assisted living facility will be heard on Thursday evening 2/26 at 7 pm at the Fair Lawn Borough Hall.  The proposed developments would have negative community, environmental, and historic effects on the town and on Bergen County.  Come out and make your voice heard or just show up and support those who wish to speak.  This is our chance to make the case to the Zoning Board.

For more information about the proposal see the documents online in dropbox (no login required):https://www.dropbox.com/sh/6slyvvo6m463guc/AADwhfbySFTtzpUOil9jAG8na?dl=0

See you there.  Let's stand up for our community and our heritage.

Vanderbeck Property Hearing, Dec. 15

Monday Dec. 15 7 PM. Next Zoning Board meeting regarding the Barrister development of the Vanderbeck property in Fair Lawn. Meeting will be at Borough Hall, Fair Lawn. Their planner must still submit testimony and be available for questions from the Board, the Board's experts and the public. In the process that is followed by general comments from the public. Even though it seems that the planner may take this whole meeting, it is important to be ready with you comments, in case the public comment portion begins on the 15th.

Please attend so that Fair Lawn know that we care about what happens to history, the environment, and our neighborhoods. Current documents are in a folder on dropbox, accessible to anyone with this link: https://www.dropbox.com/sh/6slyvvo6m463guc/AADwhfbySFTtzpUOil9jAG8na?dl=0