(Fanwood, NJ) –The Borough Council held an agenda meeting on Tuesday, September 8.
Borough Attorney Russ Huegel announced an update regarding the lawsuit filed by resident Gary Morris against the Fanwood Planning Board and the Borough. The lawsuit involves the Planning Board’s approval of NB Home Improvements, LLC’s application to develop the property located at 383 South Avenue and the borough’s adoption of an ordinance to repeal and replace the borough’s zoning map.
“Recently, plaintiff Gary Morris filed a motion for partial summary judgment asking the Court to decide whether the borough was required to provide him with individual notice before adopting the 2024 zoning map ordinance. Mr. Morris argued that the 2024 zoning map ordinance rezoned 383 South Avenue from the R-75 Zone to the Commercial Corridor East Zone and that, New Jersey’s Municipal Land Use Law required the borough to provide him with notice of the public hearing on the ordinance. The purpose of the 2024 zoning map ordinance was to update the borough’s zoning map to accurately reflect zoning amendments that had already been adopted.
“The Court agreed and denied Mr. Morris’ motion; expressly finding that the Commercial Corridor East Zone, as well as the Commercial Corridor Districts generally, were created through a 2015 ordinance and were properly adopted. The Court also noted that the map accompanying 2015 ordinance contained the districts affected, including 383 South Ave. As the Court stated, “[a] plain reading of [the 2024 Zoning Map Ordinance] shows that the zoning ordinance was not amended such that plaintiff’s property interests were implicated; but rather, the zoning map itself was updated only to reflect the already in effect land use ordinance. The Court concluded that the 2024 zoning map ordinance merely updated the borough’s zoning map to reflect the zoning changes that were already in effect and it did not alter any zoning classifications or district boundaries.
“The Court’s decision confirms that the borough acted within its legal authority and in accordance with the Municipal Land Use Law. The next issue in the case is the Court’s review of the Planning Board’s approval of the application by NB Home Improvements, LLC. The Borough is confident in the Court’s review of the decision and we remain committed to transparent governance, lawful decision-making, and responsible planning that serves the long-term interests of the community,” according to the statement read by Huegel.
Mayor Colleen Mahr announced that the Fanwood Police Department has received notification of full compliance with the state’s Department of Corrections following an onsite inspection of the department’s operations.
An ordinance will be on the Monday, September 22 agenda for introduction and first reading to change operating hours for the pickleball and tennis courts and skate park at Forest Road Park to 8 am until dusk. Another ordinance for first reading on the September 22 agenda would allow non Fanwood residents to serve on the borough’s Shade Tree Commission in an effort to increase membership on the commission.
Capt. Dan Kranz, Officer in Charge of the Police Department, said the department has “a great relationship” with the staff with the newly opened LaGrande School, an early education facility for pre-kindergarten children. He said the school has morning and afternoon sessions of 90 kids each. On the speed reductions around town and traffic pattern changes, Kranz said large message boards have been put up along with speed limit signs to educate motorists of the changes.
Director of Economic Development Liz Jeffery reported that foundation work is underway on Fabio’s Bistro new location on South Avenue. Also, construction has begun on the first of two buildings of Carano Square on the site of the former A&P supermarket. The first building will have residential housing units along with a stand-alone restaurant and roof top bar. The second part of the construction will be a temporary store for Fanwood Liquors. A new 4,000-square-store liquor with parking in the back will be constructed along with the second building in the project.
Jeffery also announced that a Mediterranean specialty market is close to getting a permit for 265 South Ave., the old Family Investors location. She said the chef of the market is from Nostimo Mediterranean Greek Restaurant, formerly of Fanwood and now located in Kenilworth.
