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RESOLUTION AUTHORIZING EXECUTION OF AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH A PASSAIC COUNTY PLANNING BOARD APPLICATION FOR A MULTI-FAMILY RESIDENTIAL DEVELOPMENT.
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WHEREAS, the Passaic County Department of Planning and Economic Development is in receipt of a proposed Agreement (attached hereto) relating to premises located at 1560 Paterson-Hamburg Turnpike, Block 3207; Lots 18 & 19, Wayne, New Jersey 07470 (hereafter “Property”) for a multi-family residential development; and
WHEREAS, Waynebridge Plaza, LLC (hereafter “Applicant/Owner”), whose address is c/o Pagano Real Estate, Inc., 420 Boulevard, Suite 202, Mountain Lakes, New Jersey 07046, applied to the Passaic County Planning Board (hereafter “Board”) under File No. SP-23-009 for site plan approval for the Property; and
WHEREAS, a Site Plan, originally dated November 4, 2022, revised on August 14, 2024 (“Site Plan”), prepared by Jonathan R. Istranyi, P.E. was summitted to the Board, received a review letter (hereafter “Site Plan Review Letter” attached hereto) withholding approval of the application, subject to certain terms and conditions as set forth therein; and
WHEREAS, the Site Plan Review Letter, specifically requires the Applicant to dedicate seventeen (17) feet of its property that extends fifty (50) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer (hereafter “County Engineer”) or the Board at no cost to the County; and
WHEREAS, if and when the County requests that the Applicant/Owner to dedicate seventeen (17) feet of its property that is shown on the Site Plan prepared by Jonathan R. Istranyi, P.E., dated November 4, 2022, revised on August 14, 2024 (hereafter “Site Plan”), the Applicant/Owner must comply with the additional right-of-way dedication; and
WHEREAS, the site has frontage along Paterson-Hamburg Turnpike (CR 689) in Wayne; and
WHEREAS, Paterson-Hamburg Turnpike has a Master Plan right-of-way of one hundred (100) feet; and
WHEREAS, the existing right-of-way at this location sixty six (66) feet; and
WHEREAS, there is a seventeen (17) foot discrepancy between the current right-of-way line and the Master Plan right-of-way line along the frontage of the property; and
WHEREAS, this Agreement was required by the Planning Board to allow for the County to request a right-of-way dedication at a future date; and
WHEREAS, the dedication would be provided by the property owner if and when requested by the County and at no cost to the County; and
WHEREAS, the attached Agreement has been reviewed by staff and the most recent Planning Board Review Letter, dated September 5, 2024, is also attached for reference.
WHEREAS, the Applicant/Owner shall confer and cooperate with the County with respect to all maintenance decisions concerning the foregoing; and
WHEREAS, this matter was discussed at the November 6, 2024, meeting of the Planning and Economic Development Committee and is being recommended to the Passaic County Board of County Commissioners for approval; and
NOW THEREFORE, LET IT BE RESOLVED by the Passaic County Board of County Commissioners that the County Commissioner Director and Clerk of the Board be and are hereby authorized to execute the attached “If and When” Agreement by and between Waynebridge Plaza, LLC and the County of Passaic, as set forth above.
JDP November 18, 2024