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Borough of Englewood Cliffs to Hold High Density Housing Hearings

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Dear Residents,

On Wednesday, September 23, 2020, the Borough of Englewood Cliffs emailed to residents the attached Public Notice Regarding 800 Sylvan Avenue LLC, which was advertised in The Bergen Record by the attorneys for 800 Sylvan Avenue LLC. The Public Notice announces the upcoming court hearing on 800 Sylvan Avenue’s Site Plan Application for approval.  The public hearing commences at 10:00 A.M. on Tuesday, September 29, 2020, and continuing each day thereafter until concluded at the Bergen County Superior Courthouse.

The 800 Sylvan Avenue’s redevelopment site plan (property located at the corners of Sylvan Avenue, Hollywood Avenue and Floyd Street) includes the construction of 600 total units consisting of 520 rental apartments in two buildings, including 120 apartments that will be deed restricted affordable family units, and 80 townhomes along Floyd Street.

You may VIEW/HEAR the proceedings by clicking on the following link:  https://www.njcourts.gov/public/channels.html, then going to the “Bergen” section.

PLEASE TAKE FURTHER NOTICE that any interested person or persons shall have an opportunity to participate and be heard upon such application, either by their own representation or by attorney at the appropriate time and manner established by Judge Gallipoli. Any interested person who wishes to participate in the proceedings must advise Judge Gallipoli of their intent to do so by sending an email to mjgallipoli@pbnlaw.com setting forth (i) name; (ii) address; (iii) telephone number; and (iv) email address, so that you may then be granted permission to actively participate in the proceedings by Zoom at the time when public participation will be permitted. Interested parties represented by an attorney must also provide the requested information for the attorney who is to appear on their behalf.

Dear Residents,

Please see Public Notice as printed in the Record: September 17, 2020.

Notice Content

PLEASE TAKE NOTICE that the undersigned attorneys for 800 Sylvan Avenue, LLC (hereinafter the “Applicant”), as the record owner of property known as 800 Sylvan Avenue and more formally known as Block 910, Lot 1 on the current Tax Assessment Maps of the Borough of Englewood Cliffs, New Jersey (hereinafter the “Property”) filed an application for Planned Unit Development Approval, Preliminary and Final Site Plan Approval and Preliminary and Final Major Subdivision Approval to redevelop the Property. The Applicant’s redevelopment plan for the Property includes the construction of a Planned Unit Development of 600 total units consisting of 520 rental apartments in two buildings, including 120 apartments that will be deed restricted affordable family units, 80 townhomes, and the demolition of a portion of existing commercial offices and a portion of the existing office/research/laboratory building to remain. The Applicant intends to construct the two apartment buildings and 80 townhomes on the north side of the Property; the office/research/laboratory building already exists, and the Applicant is not proposing to modify the existing structure on the south side of the Property. The only changes proposed for the office/research/laboratory unit of the Planned Unit Development is the construction of a parking garage located to the west of the existing building. The Applicant’s redevelopment of the Property may also include off-street parking, including in above-grade parking structures, driveways and other internal roadways, drainage, landscaping, lighting, signage and other general on-site and off-site improvements. PLEASE TAKE FURTHER NOTICE that the Applicant’s plans are filed in accordance with decisions of the Hon. Christine A. Farrington, J.S.C. in the action captioned “In the Matter of the Borough of Englewood Cliffs” bearing docket number BER-L-6119-15. By decision entered on January 17, 2020, Judge Farrington ordered the Borough of Englewood Cliffs to rezone the Property for inclusionary housing. By decision entered on February 12, 2020, Judge Farrington awarded to the Applicant a builder’s remedy for a development of 600 total units. By Order entered on April 17, 2020, Judge Farrington suspended the Zoning Ordinance, Site Plan Ordinance, Subdivision Ordinance and all other ordinances of the Borough of Englewood Cliffs pertaining to land development and authorized the Applicant to submit development regulations in conjunction with its development plans that would make its proposal a conforming as-of-right application. In accordance with that Order, the Applicant submitted Proposed Zoning Regulations on July 17, 2020 that locate the Property in the B-2B/AH Affordable Housing District and set forth the development standards, including zoning provisions for that zone. Copies of all orders entered by Judge Farrington are available on the New Jersey Judiciary website, www.njcourts.gov. PLEASE TAKE FURTHER NOTICE that in accordance with Judge Farrington’s April 17, 2020 Order and the B-2B/AH Affordable Housing District regulations, the development is intended to be variance and waiver free. However, if during the review of the application, any variances and waivers are determined to be necessary, the Applicant shall seek any and all other variances, exceptions, waivers, de minimus exceptions, interpretations and/or incidental relief from the requirements of the B-2B/AH Affordable Housing District Regulations or other applicable law that may be required after a review of the application. PLEASE TAKE FURTHER NOTICE that Judge Farrington’s April 17, 2020 Order restrained the Borough of Englewood Cliffs Planning Board from considering any applications for development until further Order of the Court. In the place of the Borough of Englewood Cliffs Planning Board, Judge Farrington appointed the Hon. Maurice J. Gallipoli, A.J.S.C. (ret.) to serve as the Special Hearing Officer for the Borough of Englewood Cliffs for the purpose of reviewing and making recommendations to Judge Farrington as to the development proposal of the Applicant. That Order authorizes Judge Gallipoli to conduct a hearing upon public notice as to all aspects of the Applicant’s development plan for the purpose of rending a recommendation to Judge Farrington as to whether Judge Farrington should enter an order and judgment approving, denying, or approving with conditions the Applicant’s development plan application. PLEASE TAKE FURTHER NOTICE that Judge Gallipoli has scheduled a public hearing commencing at 10:00 a.m. on September 29, 2020 and continuing each day thereafter until concluded at the Bergen County Superior Courthouse. Bergen County Justice Center, 10 Main Street, Hackensack, which shall continue at such further dates and times as may be further scheduled and announced by Judge Gallipoli. In accordance with Judge Gallipoli’s Order, the room(s) in the courthouse of the hearing will be posted on the Courthouse door and communicated to the parties and their witnesses. Due to, and during, the Covid-19 public health emergency, as set forth in Executive Orders #107 and 153, the proceedings at the Courthouse will not be open to the public, but instead, will be live streamed for members of the general public by way of a virtual meeting. In accordance with Judge Gallipoli’s Order, members of the public will be able to view the virtual meeting by utilizing the New Jersey Judiciary live streaming service at https://www.njcourts.gov/public/channels.html. The link to the virtual meeting on that webpage will be posted on the dates that the proceedings before Judge Gallipoli are taking place under the sessions listed for Bergen County. PLEASE TAKE FURTHER NOTICE that any interested person or persons shall have an opportunity to participate and be heard upon such application, either by their own representation or by attorney at the appropriate time and manner established by Judge Gallipoli. Any interested person who wishes to participate in the proceedings must advise Judge Gallipoli of their intent to do so by sending an email to mjgallipoli@pbnlaw.com setting forth (i) name; (ii) address; (iii) telephone number; and (iv) email address. Interested parties represented by an attorney must also provide the requested information for the attorney who is to appear on their behalf. PLEASE TAKE FURTHER NOTICE that copies of the B-2B/AH Affordable Housing District regulations and the Applicant’s site plan, architectural plan, traffic report, and stormwater management plan, are on file with the Borough of Englewood Cliffs Planning Board in the office of the Planning Board Secretary, 482 Hudson Terrace, Englewood, New Jersey. Due to the present health emergency, the Municipal Building is closed to the public and the regulations and other documents for which approval is sought may be inspected by contacting the Board Secretary, Cathy Scancarella, at 201-568-9262 or by email at planningboard@englewoodcliffsnj.org. Alternatively, the regulations, plans and other documents for which approval is sought are available for download at https://tinyurl.com/y26qnz8t. If you cannot view the documents on file online, you may contact the Board Secretary as noted above to make other arrangements to view the documents. BEATTIE PADOVANO, LLC Attorneys for 800 Sylvan Avenue, LLC BY: /s/ Antimo A. Del Vecchio Antimo A. Del Vecchio, Esq.” The Record: September 17, 2020 Fee: $116.85 (246) 4376955

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