New Milford Mayor & Council Defeat Vote to Rezone United Water Property

Editor's Note: The Borough of Oradell has hired an attorney to represent them during the New Milford Zoning Board hearings regarding the development of the United Water property. Here is an update from Wednesday's Mayor and Council meeting. 

In front of an emotionally charged and divided audience that packed the Council Chambers Wednesday evening, the Mayor and Council put to a vote the rezoning of the United Water property.

The resolution was soundly defeated 4-2 with councilmembers voting along party lines. Republican councilmembers voted in favor of the resolution to rezone, while their Democratic counterparts voted against it. 

In making her plea for rezoning the property, Mayor Ann Subrizi stressed that if the United Water application is left to run its course through the Zoning Board hearing, "it will almost certainly be appealed."

"If the application is denied, it will be appealed and if the application is approved, it will be appealed," Subrizi said. "Nobody knows what it will bring except that it will be out of the hands of any one in New Milford and all costs defending the appeal will no longer be from an escrow account and the bills will accrue."

Subrizi also said that rezoning gives the governing body the opportunity to work collaboratively with the developer to negotiate a less intensive use for the land. Despite Councilman Michael Putrino's statement that conversations should still be sought with the developer despite the defeat of the resolution to rezone the property, Subrizi said that without the rezoning, there is no motivation for the developer to continue the conversation.

For the first time, the audience was balanced between those who supported Subrizi's resolution to rezone and those who were against it. Ater listenting to those residents who supported rezoning, and those who were adamantly against it, Subrizi spoke to those against it, "To let the gamble proceed looks like a viable option from where you stand, not from where I stand."

In casting his vote in support of the resolution to rezone, Councilman Diego Robalino said, "To vote 'no' is to say yes to uncontrolled development. A 'yes' vote favors smart development while maintaining a voice on what will go there. This will give us leverage. This transaction is under contract and is no longer for sale. Rezoning is the only way to control our destiny. By rezoning, we will inherit the gift of three acres, and we may be able to get rid of the housing component all together. Although not a popular stance, this is the best decision for the most positive outcome for our town."

Voting against the resolution, Councilman Austin Ashley said, "No one up here would act in any way that they didn't believe in. If we rezone, it would guarentee what I believe is a bad use for the property. It will be detrimental to the borough to rezone. I vote no for that reason."

In voting down the resolution, Council President Randi Duffie said, "Rezoning is not right for New Milford. Dangling a field before our eyes is an insult because they have yet to downsize the commercial component. I sit up here because I have always been very involved in my community. Any of you that question my commitment be assured it's true, it's honest and it's steady. And that is why I will vote no, I do not believe this is right for New Milford. I believe there's a smart enough group out there to get a field for our chidlren without trading for a huge monstrosity."

After casting his support in favor of rezoning, Councilman Dominic Colucci said, "I believe the best responsible thing for the town is to keep our taxpayers from having to pay legal fees or, buying a piece of property that has to be flood mitigated. All that is upwards of $20 million. There is no guarentee of grants--Hurricane Sandy is taking alot of the grant money. My vote is yes, as it has always been."

Voting against the resolution, Councilwoman Hedy Grant said, "The situation we face now is due to 2 years of mismanangement. I got involved in government when a development was proposed near the Hirschfeld Brook. We opposed it, fought it and the town bought the property. There was a time for collaboratvie discussion with the developer in 2011, but that didn't happen. My problem with the devloper is that I don't know if he's willing to downsize and while everything else is on the table the Shop Rite isn't. No matter what type of trees they plant, or landscape design, the Shop Rite is still there--it's the elephant in the room."

In casting the final vote, Councilman Michael Putrino said, "There's been a lack of communication between the governing body, the Board Of Education, the residents and the developer. I don't think rezoning is right for all the reasons we've heard. A huge Shop Rite will present a nightmare. I think communication should be kept open with the developer but not to rezone."

After the meeting adjourned, Subrizi told Patch, "Now we proceed with the gamble."