United Water Planner Claims Project Still Inherently Beneficial to New Milford

After years of the borough providing documentation showing that the United Water property would be best utilized for affordable housing units, the project planner for the proposed development of the 13-acre United Water property has stated that by New Milford's inaction, the mixed-use project is inherently beneficial to the town.

Peter Steck concluded his testimony during Tuesday evening's Zoning Board of Adjustment meeting where he placed the onus of the Mayor and Council's decision to not rezone the property the impetus for the need of a D variance.

"The governing body could have zoned this site to hold all of the [affordable housing] units, but they did not do that," Steck testified. "We deserve merit approval of this application because the municipality chose to not rezone it. We've taken the opportunity to craft our own application and stepped up to the plate as the town has done nothing."

The proposed mixed-use development includes a 70,500 sq. ft. supermarket, a 4300 sq. ft. bank and a significantly pared down housing component--24 units down from an original 221 units.

Under the borough's first two Council of Affordable Housing (COAH) requirements, New Milford needs to construct 45 low to moderate income housing units. The current United Water application requires all of the housing units to serve as affordable housing while the original design allowed for 40 low income units.

Steck further stated that the proposed supermarket and bank would generate the necessary funding to subsidize the housing units. He added that without the commercial development the housing aspect of the project would not be built.

"Isn't it a fact that given the ecomics of installation and construction of the inclusionary units that the only reason you are here is to create an opportunity for commercial development under an inherently beneficial standard," questioned board attorney Scott Sproviero.

According to Steck, if New Milford had rezone the 14-acre property, then the developer would be more constrained in what they could propose to build.

"Since the municipality did nothing, it allowed an opportunity for the developer to use the rules of the game to produce this for the public good," Steck said. "The point is that the municipality is handicapped as it has not acted after saying and submitting to COAH its plans."

Steck will return to the April 18 meeting for additional questioning by residents. The meeting will begin at 7pm and run until 10pm.