Plans for proposed 18-unit apartment building in Little Falls put on hold

The future of a Lackawanna Avenue property that lies in Little Falls but is surrounded by Woodland Park remains uncertain now that a Passaic County Superior Court judge has invalidated a zoning ordinance for it.

Woodland Park sued Little Falls last year after its township council passed an ordinance that would have zoned the triangular property of just less than one-acre for a three-story, 18-unit apartment building. Woodland Park claimed that the ordinance zoned the property, which is wedged in between Notch Road and Route 46 on the Woodland Park side of the highway, specifically for the proposed developer, Daibes Enterprises, and against the public good.

The decision finds the ordinance invalid only because it does not specify the minimum number of affordable housing units to be included.

"While Little Falls had legitimate reason for the adoption of the ordinance, the ordinance's express language did not guarantee the construction of affordable housing units," wrote Judge Garry Rothstadt.

Mayor Keith Kazmark said that he understands Little Falls' need to satisfy their affordable housing requirement and need for ratable properties, but hopes Little Falls officials would understand the land is on Woodland Park's side of Route 46. He said they pled with the Little Falls council to not pass the ordinance.

"We were concerned about the integrity of the neighborhood as were the neighbors in that area," he said. "They are all significant lots with single family homes."

Woodland Park borough attorney Albert Buglione said his municipality is pleased with the ruling.

"The implications are very positive from the borough of Woodland Park's perspective in that the ordinance has been declared invalid in that the zoning for that area has been declared null and void that the project will not be built as constituted," he said.

Little Falls, however, could simply redraft the ordinance to include a minimum number of affordable housing units.

"We would hope that they didn't do that without first inviting Woodland Park to a joint work session meeting to attempt to map out a mutually beneficial plan for that property," he said. "If they were to summarily redraft that plan we would respectfully submit there are a number of areas where we can attack that plan."

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Plans for proposed 18-unit apartment building in Little Falls put on hold