Borough officials are gearing up for the acquisition of the Lakeside Manor townhouse development site off Mountain Lakes Drive by eminent domain.
NorthJersey.com
WANAQUE — Borough officials are gearing up for the acquisition of the Lakeside Manor townhouse development site off Mountain Lakes Drive by eminent domain.
An ordinance pending adoption in October may set the stage for the condemnation of the property and its transfer to the local government for redevelopment, borough records show. The ordinance would usher in a new amendment for the borough's redevelopment plan for the partially improved site that establishes "the necessity and authorization for condemnation."
The site's future remains in limbo due to a looming court battle between the borough and the longtime property owner. A case management conference for a year-old case regarding the Borough Council's 2023 decision to condemn the site is expected in the coming week, state Superior Court records show.
Originally envisioned as a 64-townhouse neighborhood with shade trees, streetlights and sidewalks, the project was reduced to 47, units and construction began in 1999. Although the infrastructure for water and sewers was installed, and one building was constructed, development was halted in 2004 due to restrictions under the Highlands Water Protection and Planning Act.
A 2011 court ruling eased those restrictions, but the project remained stalled. Borough officials ultimately began to rescind approvals, citing deteriorating site conditions, and developed a redevelopment plan for the site, leading to legal appeals from the property owner, J&S Group Inc.
The sole constructed building has since been demolished.
The pending amendment to the redevelopment plan would be the fourth since the plan was adopted in 2016. According to borough records, it would consolidate the properties and terminate the previously approved site plans. The principal permitted use on the property would nonetheless remain attached multifamily residences, records show. The total units would be capped at 62.
Last year, the Borough Council voted to designate the property as a condemnation area in need of redevelopment, making it eligible for eminent domain, roughly seven years after classifying it as a non-condemnation area in need of redevelopment due to its deterioration and neglect. That previous action led to litigation and a settlement that allowed developer Jacinto Rodrigues of J&S Group Inc. to form Wanaque Urban Renewal Corp. and take advantage of the borough's payment in lieu of taxes, or PILOT, program to execute the project.
The project restarted. Roads were paved. However, the full vision never materialized. Deadlines were missed, and the borough ultimately voided the agreement. The property, now considered abandoned, was deemed a public health, safety and welfare hazard by the Planning Board in 2022. What was built was demolished to the foundation.
Rodrigues' J&S Group Inc. and affiliates, however, said in court filings that they were prevented by borough officials from proceeding with construction or transferring the property to another developer. They have also argued that town officials have intentionally devalued the property amid valuation proceedings in federal court and failed to show why the site should be condemned.