Haddonfield Today 092_2021Apr02

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14 | haddonfield.today#092 • APRIL 2 TO 30, 2021BANCROFT JUDGE SENDS BOROUGHBACK TO SQUARE TWOOn Wednesday, March 3, a Camden County Superior Court Judge orderedthe Borough and Commissioners to re-do their meeting of February 13, 2018,at which they adopted an amendment to the Bancroft Redevelopment Plan.Judge Nan S. Famular ruled that the Commissioners must not only “placeon the record their specific reasons for wanting to deviate from and amendthe [original] Bancroft plan” but also “have a meeting that is transcribed.”Once she has a transcript, Judge Famular said, she will be able to “reviewwhether or not there is arbitrary and capricious action on behalf of theBorough.” Such action was, in part, the basis for the lawsuit against theBorough and Commissioners [see note] by a group of residents – includingformer mayors Jack Tarditi and Tish Colombi – who advocate age-restricted(55+) housing at Bancroft, as opposed to the “age-targeted” townhomesfavored by the Commissioners and the developer.Judge Famular dismissed the Commissioners’ claim that (in her words)“the ordinance and the minutes together explain the reason for theamendments to the plan,” adding that “neither of them states the reasons forthe amendment other than to appease [the developer] ... avoid a lawsuit, andalso avoid paying” an agreed-upon buy-out. “This is not a recognized basis foramending a redevelopment plan,” she said.“[B]ecause there is no transcript and there is not enough specificity in eitherthe minutes or the ordinance to explain the reasons for the amendment thatresulted in this particular ordinance,” the judge said, “I am going to remandthis matter” i.e. send it back to the Commissioners for a do-over.WHAT’S NEXT?The Judge’s formal order – issued on April 1 – put all action on holduntil the Commissioners hold a new public hearing that is recorded andtranscribed and the Judge reviews the transcript. Stay tuned!Note: “Commissioners” refers to Neal Rochford, Jeff Kasko, and John Moscatelli.Commissioner Moscatelli’s successor, Colleen Bianco Bezich, was not in officewhen the suit was filed and the actions complained of occurred.Please help HERD fund its legal efforts to require the Commissionersto act responsibly! Donate at GoFundMe.com – search for “BancroftOrdinance” – or mail a check payable to HERD to PO Box 60, Haddonfield.Thank you!Name: .............................................................................................................................................Email: .............................................................................................................................................
#092 • APRIL 2 TO 30, 2021haddonfield.today | 15BANCROFT PLAN GETSENVIRONMENTAL THUMBS-DOWNThe March 3, 2021 ruling by Camden County Superior Court Judge NanS. Famular was the second blow the Borough suffered in two days. Thefirst came in a letter to the Bancroft developer, dated March 2, from theNJ Department of Environmental Protection’s Division of Land ResourceProtection.The letter set out a number of deficiencies in the developer’s applicationrelating to flood hazards and freshwater wetlands. The letter advised thedeveloper that it would not be possible for DEP to issue permits for thedevelopment until “information and revisions” to the site plans were receivedthat would make the application “administratively and technically complete.”Among the deficiencies noted by the Division of Land Resource Protectionwere the failure to include in the application adjacent open space, owned byCamden County, that the developer proposes to use for an outfall and path.That deficiency in the application is compounded, the letter notes, by thefact that “the stormwater outfall structure on Open Space property ... willrequire a Green Acres major diversion.” Experts advising HERD (HaddonfieldEncouraging Responsible Development) say that obtaining such a diversion isextremely difficult and highly unlikely.Even more challenging for the developer, perhaps, is the fact that theproposed development impinges on the 300-foot riparian zone alongsideCooper River. (“Riparian” is derived from the Latin “ripa” – river bank. A riparianzone is a transitional buffer between land and a river or stream.)Because the developer failed to submit an application that was“administratively and technically complete” by March 1, 2021, a new DEPstormwater management rule requiring a 300-foot riparian zone, rather thanthe former 150-foot zone, will now apply to the Bancroft development.In HERD’s view, this means that the 80 townhomes and 10 affordablehousing units proposed by the developer – and advocated by theCommissioners – simply cannot be built on the available land. Stay tuned!HERD NEEDS YOUR HELP!Camden County Superior Court Judge Nan S. Famular has handeddown rulings that were favorable to the plaintiffs (HERD) andunfavorable to the defendants (the Borough and Commissioners– see Note) THREE TIMES. Legal action is expensive, but HERD hasresolved to take it because the stakes are so high. (The Bancroftdevelopment will be there long after adults who are alive today havedeparted!) Generous contributions from concerned residents havemade it possible for us to get this far. SEE FACING PAGE. THANK YOU!
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