By Stephen Appezzato
FAIR HAVEN – Putting deliberation to rest, the borough council voted to authorize the acquisition of 21 Fair Haven Road, a vacant waterfront lot abutting the municipal dock.
If environmental, title and other site reviews pass, the $1.8 million property will be transformed into a small waterfront park. Grants from the county and state will fund approximately $1.5 million of the cost.
An ordinance authorizing the acquisition was heard Nov. 13. As with two resolutions surrounding the acquisition that previously passed, residents who live close to the lot expressed concern. For weeks there has been debate over finances, site planning and the logistics of purchasing the “iconic” property.
Council members Tracy Cole and Elizabeth Koch were skeptical of the plan, voting against progression in recent meetings.
Cole and Koch were concerned that environmental and site assessments were not completed prior to authorizing the deal. As part of the process, the borough will conduct due diligence before signing any contracts, but not before voting on this ordinance.
By adopting the ordinance, the borough is essentially “under contract, per se,” according to borough attorney Andrew Sobel, but it is not obligated to complete the deal if a major issue arises.
“This is the governing body’s last opportunity to speak to, deliberate or under take any kind of process as it relates to the acquisition of the property. If this ordinance is adopted tonight, everything may roll out but it’s not going to come back to the council for consideration?” Cole asked.
Borough administrator Theresa Casagrande and Sobel confirmed her statement. From here, the only time the matter would come before the body again is if an issue arises with the acquisition, such as a grant falling through or a major environmental issue with the lot.
Neighbors nearby the site still had issues with the authorization.
“We’re very concerned that our street can’t support additional public access at all,” said Caryn McCann. Another resident, Peter Gotch, echoed McCann, listing concerns such as “the traffic at the end of the block, the safety at the end of the block, and the fact that we are potentially moving forward to purchase something that will drive traffic.” Residents wanted more due diligence conducted at this stage, like a traffic study.
Prior, there were concerns over what would be in the park and if it would become a larger attraction. Residents urged the council to pledge it would be a “passive” park.
Mayor Josh Halpern clarified there is no park plan yet. “At this point, we’re acquiring the park,” he said.
“We have not designed what that park’s going to be.”
“Based on what we end up designing down there, that’s probably going to determine whether there’s increased foot traffic, whether there’s increased parking, and that’s going to be part of the design process that we’re going to incorporate all the residents of our town,” said Halpern.
Before adopting the ordinance, Cole made a motion to substantially alter it by including a clause where the council must review the site findings prior to authorizing the sale.
Koch was similarly concerned over the subjective language in the legislation.
“I don’t understand why we can’t get that (due diligence) information before we actually decide to move ahead with the property,” Koch said.
“Are we purchasing something that’s defective or are we purchasing something that’s in great condition?” she wondered.
“We’re being asked to make a decision without any data. It’s confounding,” Cole said.
The council voted on whether or not to rewrite the ordinance and thus delay the process. In a rare occurrence, the vote split 3-3. Council member Kristen Hoey sided with Cole and Koch, in favor of rewriting and delaying the ordinance. Halpern broke the tie with a “no” vote and the night’s business proceeded as planned.
Ultimately, the council voted to authorize the acquisition ordinance 4-2, ending the matter.
Once site evaluations are completed and the two grants finalized, the borough will move forward with the purchase of the property.
The article originally appeared in the November 23 – November 30, 2023 print edition of The Two River Times.
