CIGNA PROPERTY UPDATE

MEETING NOTICE – CIGNA PROPERTY REZONING
NOTICE IS HEREBY GIVEN that the public hearing and consideration of a resolution adopting Ordinance No. 1911R – Rezoning Cigna Property, which is presently scheduled for August 15, 2023, will be carried to the September 5, 2023 Regular Meeting of the Mayor and Council of the Borough of Franklin Lakes.

The September 5, 2023 Regular Mayor & Council meeting will be held at 7:30 PM in the Council Chambers of Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey 07417.

The proposed ordinance amends the zoning for 400 Parsons Pond Road (Block 2607, Lot 1) to be consistent with the Settlement Agreement between the Borough of Franklin Lakes and SHG Franklin Lakes LLC. It establishes the Mixed Use Overlay 1 (MUO-1) District, and includes provisions for permitted principal and accessory uses, area and bulk standards, signs, sidewalks and shade trees.

Copies are available for inspection or acquisition from 8:30 AM to 4:00 PM, Monday through Friday in the office of the Borough Clerk, and the full text of the ordinance is available for review at the Borough’s website.

Action may be taken at the meeting. If action is taken it will be done in open session as required by law.

CIGNA PROPERTY UPDATE - DISCUSSIONS ARE CONTINUING
At a Mayor and Council meeting held on March 29, 2023, the Mayor and Council voted to approve a Settlement Agreement between the Borough of Franklin Lakes and the developer, SHG Franklin Lakes, LLC. Shortly thereafter, the Borough filed an application with the Superior Court for approval of the Settlement Agreement.

By Order dated April 28, 2023, the Honorable Bonnie J. Mizdol, Assignment Judge for the Superior Court, appointed a “Special Master”, Jennifer C. Beahm, AICP, of Leon S. Avakian, Inc., to assist the Court in its review of the Settlement Agreement. Following her appointment, the Special Master began conducting a series of formal and informal mediation sessions with the various interested parties in the case in an attempt to resolve all issues related to the development of the Cigna site and, in particular, the Borough’s constitutional affordable housing obligation, as mandated by Mt. Laurel caselaw.

In the meantime, while these discussions among the interested parties have continued, the Court entered an order scheduling a “fairness hearing” for August 24, 2023 to evaluate whether the proposed settlement agreement is fair and reasonable to the region’s very low, low, and moderate income households according to the principles set forth in applicable caselaw. Because of the ongoing mediated discussions and the required periods for noticing the hearing, the August 24 fairness hearing date will need to be re-scheduled. While it has yet to be formally re-scheduled, it is expected that a new date for the fairness hearing will be set in the near future, if a revised settlement is reached.

If a revised settlement is reached among the interested parties, it will likely contain terms which will necessitate the drafting of a new Settlement Agreement and a new vote by the Mayor and Council as to whether to approve the revised Settlement Agreement. Also, if a settlement is reached, it is likely that the pending ordinance (Ordinance No. 1911R) will be tabled and a new ordinance introduced by the Mayor and Council.

The continued discussions among the Special Master, the Borough, the developer and Fair Share Housing Center must necessarily be kept confidential. The Mayor and Council have held several “closed” meetings in order to discuss and assess settlement proposals. No agreement has been reached as of now. If a settlement is reached, the Mayor and Council will need to publicly vote to approve the Settlement Agreement. If approved, the Mayor and Council would then begin the process of adopting an ordinance which would implement the settlement, which would include a public hearing on notice to all residents, as well as review by the Borough’s Planning Board. Any fairness hearing on a revised agreement would also be on notice to the public. If approved by the Court at the fairness hearing, the settlement would contemplate the submission of a site plan by the developer to the Planning Board. The site plan application would include public hearings where the public could voice its opinions and concerns.

As the Mayor and Council continue with “closed” meetings, they wish to reassure residents that they will continue to be as transparent as possible with respect to the actions of the Mayor and Council regarding these negotiations. The Mayor and Council are constrained in this regard due to the confidentiality demanded by the Court, the Fair Share Housing Center and the developer.

Based on input from residents, the Mayor and Council and their professionals are continuing to discuss with Fair Share Housing Center and the developer what the best solution would be that would preserve the quality of life for our residents and still comply with the Borough's Mt. Laurel affordable housing obligation.

The Mayor and Council and its attorneys and other professionals, in their discussions with the interested parties, are cognizant of the public’s concerns. They are also mindful of the public’s interest in knowing what is happening. While it is necessary for the discussions between the interested parties be held in private and that the substance of these discussions remain confidential at this time, the Mayor and Council are committed to keeping the public informed and giving them ample opportunity to express their opinions and concerns. As the Borough progresses through the process, the Mayor and Council will endeavor to keep the public informed via eblast and posting on the Borough’s website.