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Warren County land use board reaffirms position that may pave way for big development - lehighvalleylive.com

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A Warren County land use board this week held firmly to its recommendation that a township property should qualify for a special designation that may make it easier to build up to 1.2 million square feet worth of warehouse space.

Franklin Township’s Land Use Board voted unanimously Monday that a 112-acre property on Bloomsbury-Asbury Road, across from Lime Kiln Road, meets the criteria for designation as an “area in need of redevelopment” under the provisions of the New Jersey Local Redevelopment and Housing Law.

The designation could also come with a long-term tax abatement known as a payment in lieu of taxes, or PILOT, program.

Long Island-based home-furnishings company Safavieh requested the township investigate whether the property could qualify for the special designation.

Last year, the board commissioned professional planner James Kyle to investigate the property. After receiving Kyle’s report, the board voted to recommend the property be designated as an area in need of redevelopment.

In May 2019, the Franklin Township Committee adopted a resolution designating the property as such.

This designation was challenged in court by Tracey Heisler, William Heisler and the Viking Development Co. A January consent order from the New Jersey Superior Court remanded the matter to the board and directed it to conduct a new hearing.

The Township Committee will need to consider the renewed recommendation coming from the hearing.

Kyle’s report determined the property is vacant and has no improvements on it, other than a gravel driveway, and thus qualifies to be designated as a redevelopment property.

The challengers hired Skylands Preservation Alliance planning consultant Peter Steck to provide his own report to the board. Steck said the land is currently being farmed and thus does not meet the criteria for designation as being vacant and unimproved.

“A property can never qualify as vacant land if it is being farmed,” Steck said.

Another criterion for special designation is the land is not likely to be developed by private capital due to its inaccessibility or remoteness. Steck said the property is on a county road within a mile of Interstate 78. That location disqualifies it as inaccessible or remote, he argues.

However, board member Gary Corde said accessibility to the land from I-78 is not ideal. The exit and entry ramps nearest the property only allow access to and from the interstate from the west.

“It’s an awful location even though it’s close to the highway,” Corde said.

Moreover, the property is zoned for industrial use, and, although farming is a permitted use, it is not the intended use for the land, Corde said.

“From the township’s perspective it is underused,” Corde said. “The intention was industrial not farming. The property clearly is unimproved. There is no structure on it. It is underdeveloped.”

Several residents from the township and surrounding communities spoke against the designation.

Patrick Banes said the development company has the right to build in the property but it should not seek government assistance and tax breaks to do so.

“If someone wants to develop the property, do it the right way,” Banes said.

The board voted unanimously to recommend the designation. The Township Committee now will need to decide whether to accept that recommendation in consideration of the additional testimony from Steck and the residents.

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John Best is a freelance contributor to lehighvalleylive.com. Find lehighvalleylive.com on Facebook.

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