Resolution of the Planning Board of the Borough of Fanwood, Union County New Jersey, Recommending "An Area in Need of Redevelopment" Block Bounded by South Avenue, Martine Avenue, LaGrande Avenue and Second Street Shown as Block 64 in the Tax Map of the Borough of Fanwood Pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., May 23, 2001

RESOLUTION OF THE PLANNING BOARD
OF THE BOROUGH OF FANWOOD
UNION COUNTY NEW JERSEY,
    RECOMMENDING "AN AREA IN NEED OF REDEVELOPMENT"
BLOCK BOUNDED BY SOUTH AVENUE, MARTINE AVENUE, LAGRANDE
AVENUE AND SECOND STREET,
SHOWN AS BLOCK 64 IN THE TAX MAP OF THE BOROUGH OF FANWOOD
PURSUANT TO THE NEW JERSEY LOCAL REDEVELOPMENT
AND HOUSING LAW, N.J.S.A. 40A:12A-1, et seq.

WHEREAS, on October 12, 2000, the Mayor and Council of the Borough of
Fanwood adopted Resolution No. 00-10-144, which directed the Planning Board of the Borough of
Fanwood to undertake an investigation and hold a public hearing to determine whether a study area
consisting of a one block area in downtown Fanwood shown as Block 64 on the Tax Map of the
Borough, bounded by South Avenue, Martine Avenue, LaGrande Avenue and Second Street,
qualified under the statutory criteria for designation as "an area in need of redevelopment" as set
forth in the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A: 12A-5; and

WHEREAS, the Planning Board did, pursuant to the above-referenced statute request
and prepare a map of the area to be investigated and annexed thereto a statement setting forth the
basis for the investigation; and

WHEREAS, the Planning Board, in response to the request of the Mayor and Council,
did conduct said public hearing commencing at 7:00 p.m. on May 16, 2001; and

    WHEREAS, the notice of said hearing was mailed on May 2, 2001, as required by
N.J.S.A 40A: 12A-6, to all    persons within the proposed area in need of redevelopment whose names
appear on the Borough's Tax Assessment    records for each parcel within the proposed area in need
of redevelopment as provided by the Assessor's Office of the Borough; and

WHEREAS, the notice of said hearing was published in the Courier News on April
28, 2001 and May 5, 2001; and

    WHEREAS, said public hearing was conducted after mailing and publishing notice
of the hearing for the purpose    of persons interested in or who would be affected by a determination
that the area delineated on the map prepared    by the Planning Board is an area in need of
redevelopment should be heard; and

WHEREAS, at the public hearing, persons presented testimony and/or written
documentation setting forth questions, objections and/or favorable comments to the Planning Board;
and

    WHEREAS, the Planning Board has considered the comments of the public as well
as the report entitled    "Redevelopment Area Study for the Block Bounded by South Avenue, Martine
Avenue, LaGrande Avenue and    Second Street in the Borough of Fanwood, New Jersey" dated
March, 2001 (the '`Report"), which was presented to    the Planning Board by Richard Preiss of the
planning firm of Abeles Phillips Preiss & Shapiro, which was specially    retained by the Planning
Board to review the proposed area in need of redevelopment; and

WHEREAS, the Planning Board hereby makes the following findings of fact based
upon the testimony and/or written documentation submitted at the hearing and the Report, as
follows:

(1 ) The above-referenced area qualifies as an area in need of redevelopment specifically
under N.J.S.A. 40A: 12A-5c. That section reads as follows:

Land that is owned by the municipality, the county, a local housing authority,
redevelopment agency or    redevelopment entity, or unimproved vacant land
that has remained so for a period of ten years prior to adoption of the
resolution, and that by reason of its location, remoteness, lack of means of
access to developed sections or    portions of the municipality, or topography,
or nature of the soil, is not likely to be developed through the instrumentality
of private capital.

(a) The lots that comprise the former Dean Oil site, Lots 17, 18, 19 and 20 in
Block 64 the on Tax Map of the Borough Borough, have been vacant for the last fifteen (15) years.
The site is the former site of a fuel oil company and has ongoing issues with soil and
groundwater contamination. There is also a possibility that the site is currently contaminated
with BTX's that are coming from an off-site location. The facts set forth in the Report
indicate that the contamination has deterred development of the site.

(b) Based upon the above and other evidence noted above and in the record, the
Planning Board finds that the tatutory criteria "c" has been met in the proposed area in need
of redevelopment.

(2) The Planning Board also finds that the area satisfies the statutory criteria under
N.J.S.A. 40A:12A-5d, which reads as follows:

Areas with buildings or improvements which, by reason of dilapidation,
obsolescence, overcrowding, faulty arrangement or design, lack of
ventilation, light and sanitary facilities, excessive land coverage, deleterious
land use or obsolete layout, or any combination of these or other factors, are
detrimental to the safety, health, morals, or welfare of the community.

(a) The Planning Board finds that a majority of the properties located within the
study area suffer from dilapidation    and obsolete layout. The facts as set forth in the Report,
indicate that there has been no significant development activity in the study area for over
twenty (20) years. In addition to the photographic record with respect to the properties as
set forth in the Appendix in the Report, it also indicates that many of the subject buildings
are in poor condition.

(b) Based upon the above and other evidence in the reports noted above and in
the record, the Planning Board finds that the statutory criteria "d" has been met in the
proposed area in need of redevelopment.

(3)The Planning Board has also considered the statutory criteria in N.J.S.A. 40A: 12A-
5e, which reads as follows:

A growing lack or total lack of proper utilization of areas caused by the
condition of the title, diverse ownership of the real property therein or other
conditions, resulting in a stagnant or not    fully productive condition of land
potentially useful and valuable for contributing to and serving the public
health, safety and welfare.

(a) As set forth in the Report, the diverse ownership of the properties comprising
the study area limits the    opportunity for reinvestment, redevelopment and the full productive
use of the site for commercial purposes.    Accordingly, based upon the above and other
evidence in the Report and in the record, the Planning Board finds that the statutory criteria
"e" has been met.

(4) Further facts in support of determining if the area is in need of redevelopment are
contained in the Report, a opy of which is annexed hereto and incorporated herein.

(5) In addition to the above, the Planning Board further adopts the analysis and
conclusions set forth in the Report, and in particular, the conclusions set forth on pages 17-26
therein with respect to the qualification of the proposed area in need of redevelopment under
criteria "c", "d" and "e" of N.J.S.A. 40A:12A-5 and finds the proposed area in need of
redevelopment does, in fact, qualify under these criteria as an area in need of redevelopment.

    WHEREAS, the record and the Report reaches the following conclusions:

1.The bulk of the properties and a large majority of the acreage within the study
area meet one or more of the statutory criteria for redevelopment area
designation. Prevailing conditions within the    subject area is one of an "area
in need of redevelopment."

2.There has been no new development activity in the study area for more than
twenty (20) years. . To a large extent, the subject area has not benefited from
the wave of revitalization that has occurred in communities along New Jersey
Transit's Raritan Valley line.

3.The Dean Oil site - the largest vacant parcel in the study area, has not been
in use for nearly fifteen (15) years. The last building on the site was
demolished in the early 1990's. Despite ongoing remediation efforts, the site
still has soil and groundwater contamination problems which have deterred
investment.

4.Properties near the intersection of South Avenue and Second Street suffer
from dilapidation, obsolete layout, and diverse ownership, which limit the
opportunity for reinvestment and redevelopment

5.The parking lots in the center of the block - the municipal parking lot and the
bank site - have a faulty design. The paved area is excessive for the number
of parking spaces; landscaping is    minimal; traffic patterns are circuitous and
cumbersome; sidewalks for pedestrian circulation are lacking and, where
provided, they are poorly maintained; and curb cuts for disabled access are
not provided.

6.Some of the properties along the frontage of Martine Avenue do not meet any
of the statutory criteria; however, this area should be included in the
redevelopment area in order to ensure that these properties are integrated into
the overall redevelopment plan and are not treated as isolated islands.
Moreover, leaving only a few properties out of the redevelopment area could
frustrate the potential for redeveloping other parts of the area.

   NOW THEREFORE BE IT RESOLVED by the Planning Board of the Borough
of Fanwood, pursuant to N.J.S.A. 40A:12A-6b(5), that based upon the foregoing findings the
Planning Board hereby recommends to the Mayor and Council that the delineated area set forth in
the map attached to this Resolution and incorporated herein by    reference be determined by the
Mayor and Council to be a redevelopment area pursuant to the statutory criteria set forth in N.J.S.A.
40A:12A-5 and 6, and specifically subsections 5c, 5d and 5e;

   BE IT FURTHER RESOLVED, that copies of this Resolution and annexed Report
and map shall be served within ten (10) days from the date hereof, upon each person who filed a
written objection thereto at or before the public hearing on May 16, 2001, and who set forth, either
in or upon the written submission, an address to which notice of this determination may be sent;

   BE IT FURTHER RESOLVED, that the above shall constitute the recommendation
of the Planning Board as required    by N.J.S.A. 40A:12A-6b(5), and that a copy of this
recommendation and annexed Report and map shall be forwarded to the Mayor and Council in
accordance with the above-referenced statute;

   BE IT FURTHER RESOLVED, that a notice of adoption of the above-referenced
Resolution shall be published in the Courier News.

VOTE ON RESOLUTION: 6 to 0

FOR: Mayor Jung, Nancy Koederitz, Joel Whitaker, Gregory Cummings, Jack Molenaar, Regina Tenzer

AGAINST:    none

ABSTENTIONS: none