Wednesday, December 7, 2011

Middletown Planning Board And AVAYA, What's Going On?

On the agenda for tonight's Middletown Planning Board meeting will be the ongoing discussion, with the possible approval, of the Four Pond redevelopment plan for the Avaya complex. Looking at the agenda, it would seem that the only business to be discussed tonight will be the Four Ponds application, all other planning board business has been pushed back to the new year.

Back in October during his reelection campaign, Tony Fiore was telling every Lincroft area resident which he met, that there was a commercial entity interested in occupying the former Avaya industrial site. He also told them not to worry because the township's planning board would not approve of the proposed Four Ponds housing redevelopment plan that would be comprised of 342 units with various road and infrastructure upgrades for area. He said that the township favored the commercial alternative for the redevelopment of the site over the housing and that the town would do what it could to ensure that the housing project would not be built.

Now that the election is over and Fiore's seat on the Township Committee has been secured for another 3 years, it seems that the plan has once again changed.

The commercial entity believed to have been interested in the Avaya site was Commvault, a spin off of Lucent Technologies that specializes in data management and recovery. Their current corporate headquarters is located nearby in Oceanport NJ. Commvault it seems, is no longer interested in moving it's headquarters to Lincroft and prefers instead to move it's offices over to the now empty, Fort Monmouth in Eatontown.

Why would they choose Eatontown over Lincroft? More than likely it was some sort of tax abatement issue. I had heard previously, before the name of Commvault was known, that the interested commercial entity was looking for a large multi-million dollar, multi-year property tax break in order to move into Middletown. Supposedly the Township reached out to State Senator Joe Kyrillos for help in securing such a deal with the State, but Kyrillos had reservations and nothing was done. This in turn left the door open for Commvault, who more than likely got the deal they were looking from the Fort Monmouth Economic Revitalization Authority to moving itself over to the now empty Fort Monmouth.

So where does that leave the Four Ponds development? Rumors are circulating that Four Ponds developers have decided to back out of the housing project altogether and will announce their decision to do so tonight at the Planning Board meeting, leaving no one at present to build the 342 unit housing development, if the Planning Board's decision was to approve Four Ponds' application.

Four Pond's rumored decision to drop its application could put the town in a major bind. The Avaya project is part of the Township's COAH plan. If Four Ponds or some other builder, doesn't build some kind of affordable housing there, the town will not be compliant with it's State COAH plan and will have to find another location to build the affordable units. This would then open the door to builders that could seek "builder remedy" law suits against Middletown that would allow them to build just about anything, anywhere in town.

And for those that say that couldn't happen because Governor Christie abolished COAH earlier this year, you are wrong. Christie abolished the governing body that presided over COAH not the rulings or decisions that had been already established by it. Middletown is just as bound today to their plans for building affordable housing as they were a year ago, nothing has changed.

Tonight's meeting should be interesting.

So what's the next step here? As one person so apply stated "Middletown should keep that COAH attorney on retainer."





10 comments:

Anonymous said...

The fact that these entities are backing out of their interest in this property is not necessarily a bad thing.
I think that Middletown take this opportunity to create some sort of "AVAYA Site Revitalization / Redevelopment advisory committee or Task Force" … although it would be a disaster if certain Lincroft interests were allowed to take over / control / politicize such a task force for their own pursuits.

I believe I have some good / viable ideas for the site that would be interesting to consider and would satisfy many different parties.

aNON

Anonymous said...

They should put the golf course back in there since Bamm Hollow will be losing theirs. Turn the building into an ice hockey rink downstairs and make the second floor a workout center.

Anonymous said...

Where do you get your information? Kyrillos would have nothing to do with the town offering a tax abatement. Tax abatements are done at the local level and don't need a Senator's intervention. Looks to me that the company had a deal in place and changed course at the last moment. Why else would Four Ponds have delayed their application for months until now??

MiddletownMike said...

aNON,

What you propose is not a bad idea, it has some merit.

The problem is however that the AVAYA site is now part of the Township's plan for affordable housing and it cannot be changed easily.

If the Township were to rezone the site back to industrial, they would be in non-compliance with their current COAH obligations. It would be a nightmare for the Township.

MiddletownMike said...

Anon 1:59,

In earlier posts I blogged about Kyrillos's luke warm interest in getting involved in the Lincroft / AVAYA situation.

You're right, tax abatements are local decisions but in this case individuals reached out to Joe in order to get support from the Governor's office to possibly sweeten the deal.

I am having problems accessing my archives of old posts for some reason. I wanted to post a link for background info but have been unable to at this time.

Anonymous said...

Ice hockey rink is terrible idea. The percentage of people that use ice hockey rinks are minimal. Most rinks are used by people from out of town so not much benefit to middletown youth besides the 1% of kids that play hockey. Four ponds built an office building let them keep their office building. No complaints from them from 1981 till they knew they didn't have a new tenant. Why does the township feel they need to bail them out and allow them to pad their pockets one last time. Where, when and how is middletown coming up with the funds to start building new schools for all the development planned?

Anonymous said...

If the plan for the Avaya site changes from 342 units to something else, does the Township have the option of meeting its COAH requirement by partnering with another town? If Red Bank, for example, has more units than are required to meet its own COAH obligation, can Middletown purchase the right to have the extra units -- assuming there are enough of them -- fill Middletown's COAH obligation? I recall hearing that this type of arrangement was feasible, but that Middletown had "missed its chance".

Anonymous said...

Anon 5:59 PM,
Its the other-way-around: several years ago Middletown had an opportunity to not build actual housing units by paying Red Bank to build actual physical units in Red Bank. The township administrator at the time, not Mercantante, failed in timely follow-up which translates into elected officials failing to do what they were elected to do -- lead and pay attention. The elected Republicans spent a lot of money fighting Red Bank when they decided to use another municipality's 'credits'. The Middletown GOP lost another one for the taxpayer in Middletown.

MiddletownMike said...

Anon 5:59

As poster Anon 7:25 responded to your question Middletown missed the boat.

Regional Contribution Agreements (RCA's), was a process in which municipalities could transfer up to 50% of the affordable housing requirements under COAH to another other town and creceiev credits for doing so.

Middletown had entered into a number of RCA's with other towns in the past but got itself into trouble by not following through on those aggreements by transfering funds to towns like Red Bank to cover the costs of building affordable housing.

RCA's are no longer able to be used by municipalities, Governor Corzine eliminated them from the COAH process because more affluent towns such as Middletown, was perceived as abusing the system and not providing their fair sharing of affordable housing units.

I found this link to Springfield Township that explains to its residents exactly what COAH is and what the requirements for towns like itself are under the law.
http://www.springfieldtownship.org/infocoah.html#

It's a little outdated but it explains what COAH was/is very well. I hope you find it useful.

Anonymous said...

Occupy Avaya?

The next step towards a broader based popular front?

Only half joking...