The Tinton Falls Borough Council reaffirmed plans to demolish and redevelop the CECOM property as four years of litigation involving the site nears a close.
The settlement agreement, which was reached last month, stipulates that the former Communications-Electronics Command building, long regarded as an eyesore at the head of Tinton Avenue, must be demolished within 60 days of the developer’s receipt of all approvals.
Before unanimously passing a resolution to continue with the redevelopment designation and redevelopment plan for the 39- acre CECOM tract that had been started four years earlier, the council heard from Jerry Dasti, special counsel for the case.
“The purpose of this hearing is as a result of a final decision … to have a public hearing to reaffirm, to give the public an opportunity to know, what the settlement is all about and to ask the council to reaffirm the previously granted redevelopment plan for the CECOM property,” Dasti explained during a public hearing on the matter.
Dasti went through the background on the case, which started five years ago when the council and Planning Board adopted a resolution, and eventually an ordinance, which approved a redevelopment plan for the CECOM property.
That redevelopment plan called for the construction of 151 adult community homes, all in compliance with Zoning Board ordinances, that were part of that redevelopment, as well as for the eventual destruction of the building.
That action resulted in about four different matters of litigation that the borough has been involved with, Dasti said, most of which had been resolved by the recent settlement.
“I don’t think we’re done yet, but we’re closer to the finish line,” Dasti said. “As a result of the settlement agreement that has been reached by the parties … the redevelopment plan that was approved by the Borough Council four years ago, in my opinion, has been enhanced for the betterment of the borough and…its taxpayers.”
The borough stands to receive about $2.5 million as a result of the agreement with the West Long Branch-based developer PRC Group and their partners, Tinton Telecom LLC.
“What’s new in terms of what has been approved as a result of this settlement, over and above the previously granted 151 units, is that the borough will receive during the construction of the units, what we call impact aid,” Dasti said.
The impact aid will be $8,500 per unit, a total of about $1.3 million to be paid to the borough by the developer of the project as the project is constructed, according to Dasti.
Additionally, he said that there has been a better definition of the developer’s affordable housing responsibility. While the 151 units are developed, the developer will pay the town $535,000, which the borough will be able to apply to fulfilling its affordable housing obligation.
Another benefit to the borough was the anticipated removal of the CECOM building, which has stood vacant for over 10 years.
“The commencement of the destruction of the building is supposed to start within 60 days after the developer receives all of their approvals for the CECOM property, which frankly I think is very close,” Dasti said. “I think the building will be down by the end of the year.”
He added that he suspects that most of the approvals have already been received.
“Also, very importantly, as a result of this settlement, there is a specified time period in which that building has to come down,” Dasti said. “That wasn’t the situation four years ago.”
Councilman Paul Ford said he was glad to hear that the building would definitely come down.
“One of the sticking points for me was to make sure that the building will come down,” Ford said. “I’m very happy that was part of the settlement, within 60 days that building will come down. It’s been a real problem in this town for a long time.”
The settlement reaches an agreement with all parties, save former Planning and Zoning Board member Paul Abrams and his Ocean Township realty company, Saymark Realtors.
“All the anxiousness … and expenses are going to be put to an end and to some extent reimbursed to you as a result of these impact fees that are coming in over the next few years,” Dasti said. “So all of the matters of litigation involving the many parts are going to be resolved, dismissed, settled. Everybody walks away, with the exception of one portion of litigation, which residents should know that the governing body was extremely insistent upon that we pursue, and rightly so.”
The Planning Board, as well as the borough, mayor and council, filed the suit in state Superior Court in May 2006 against Abrams and the proposed developer of the CECOM property.
Using existing law, Planning Board Attorney Dennis A. Collins filed the suit chargingAbrams along with Saymark Realtors, and Abraham Leser, who owns Tinton Telecom LLC, with manipulation, fraud to guide governmental action for private gain and racketeering activity.
The suit alleges that Abrams used his public position for private gain when he helped further the developer’s plan to change the zoning of the former military site to age-restricted housing.
The borough based its charges on allegations that were made in a suit brought by the Newman family against the borough, alleging improper conduct in rezoning the CECOM site, which is adjacent to their property, according to Planning Board Chairman Joel Davies.
In April 2005, the Newman family, represented by St. John & Wayne, of Newark, filed suit in state Superior Court in Freehold, alleging that the borough acted unlawfully in rezoning the property and declaring the 373,000-square-foot building that sits on the property an area in need of redevelopment.
“So the litigation by the borough and the Planning Board on Mr. Abrams will continue, but everything else is getting resolved,” Dasti said.
Dasti referred to the agreement as “what we believe to be a very fair and appropriate settlement” and said that the public hearing ordered by the judge was an opportunity for the public to be heard and be given an update on the case.
“We can’t lose sight of the fact that this is an approval that’s still in place, that was in place, that will remain in place,” Dasti said, adding that council was tasked with reaffirming that approval.
Council members were pleased with the settlement.
Councilman Brendan Tobin thanked Dasti for all of his hard work on the case.
Councilman Gary Baldwin echoed Tobin’s gratitude and was please to hear of the collective value of the settlement to taxpayers.
He was also glad of the opportunity to “get rid of the eyesore that we’ve had for a long time.”