Legislation Details

File #: 25-954   
Type: Resolution Status: Passed
File created: 9/23/2025 In control: Planning and Economic Development
On agenda: 9/30/2025 Final action: 9/30/2025
Enactment date: 9/30/2025 Enactment #: R-25-924
Title: RESOLUTION FOR AN "IF AND WHEN" AGREEMENT ASSOCIATED WITH A MINOR SUBDIVISION APPROVAL TO SUBDIVIDE REAL PROPERTY ON A PASSAIC COUNTY ROADWAY LOCATED ON PREAKNESS AVENUE IN PATERSON, NEW JERSEY
Attachments: 1. Cover Page, 2. 473-479 Preakness Ave. Site Plan, 3. CONDITIONAL 7.10.25 Gabo Investments, 4. Gabo Investments Signed Agreement

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RESOLUTION FOR AN “IF AND WHEN” AGREEMENT ASSOCIATED WITH A MINOR SUBDIVISION APPROVAL TO SUBDIVIDE REAL PROPERTY ON A PASSAIC COUNTY ROADWAY LOCATED ON PREAKNESS AVENUE IN PATERSON, NEW JERSEY

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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 473-479 Preakness Avenue, Block 1211, Lot 2, Paterson, New Jersey 07502 (hereafter “Property”) for a minor subdivision; and

                     WHEREAS, Gabo Investments, LLC (hereafter “Applicant”), successor to 66 Montclair LLC, whose address is 230 Rosa Parks Blvd., Paterson, New Jersey applied to the Passaic County Planning Board (hereafter “Board”) under File No. SU-24-010 for Subdivision Approval for the Property; and

                     WHEREAS, a Subdivision Plat, originally dated October 8, 2020, revised on February 21, 2025 (“Subdivision Plat”), prepared by Steven L. Koestner, P.E., was submitted for approval to the Passaic County Planning Board (“Planning Board”), received Planning Board approval with conditions on July 10, 2025 (“Subdivision Approval”), subject to certain terms and conditions set forth therein; and

                     WHEREAS, the Subdivision Review Letter, specifically requires the Applicant to enter into an Agreement to dedicate five (5) feet of its property that extends thirty (30) feet from the roadway centerline towards the Project, at a later date when requested by the Passaic County Engineer (“County Engineer”) or the Planning Board, at no cost to the County; and

                     WHEREAS, if and when the County demands the additional right-of-way dedication, Applicant will be required to submit a right-of-way dedication of an additional five (5) feet, equal to half of the ten (10) feet not provided as a right-of-way on Applicant’s Subdivision Plat; and

                     WHEREAS, the subject property has frontage along Preakness Avenue, a roadway under Passaic County jurisdiction; and

                     WHEREAS, Preakness Avenue has a Master Plan right-of-way of sixty (60) feet; and

                     WHEREAS, the existing right-of-way width is noted as fifty (50) feet; and

                     WHEREAS, this “If and When” 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 “If and When” Agreement has been reviewed by staff, and the most recent Planning Board Review Letter and Subdivision Plat are also attached for reference; and

                     WHEREAS, this matter was discussed at the September 11, 2025, 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 Gabo Investments, LLC, successor to 66 Montclair LLC, and the County of Passaic, as set forth above.

 

ZMQ                                                                                                                                                                                                                  September 30, 2025