Question – Can Crossroad Companies’ conditional designation as redeveloper for American Legion Drive & the Beverly Road AINR be legally challenged and what status must be given to its intensely opposed proposed plans for development of these two AINR’s?
A Brief Narrative about Teaneck and AINR’s
In the 1970’s Teaneck created a Redevelopment Agency which oversaw the creation of the Glen Pointe area in the swamp land in Teaneck’s south east – the Town’s first and sole AINR – for 50 years.
In 2018, the then Teaneck’s Council rediscovered the state’s redevelopment statutes and decided not to create a redevelopment agency but have Council be the Town’s AINR designator. Between early 2019 and 2022 Council designed NINE separate Teaneck AINR’s. Four of these AINR’s (two municipal and two privately-owned ) were essentially single lots. Five others are larger multi-lot areas. Three of these AINRs (two single lots and one larger area) are composed of wholly owned municipal property. Municipal lots of various sizes (all parking areas) are found in all the designated multi-lot AINR’s. PILOTs have been approved for two private single facility AINR’s – one of which is under construction in what had been in large part an R/S neighborhood.
In the 4-person Council election of 2022 (Teaneck’s first November Council election following a 2021 referendum) 3 of the 4 candidates who voiced AINR opposition at various levels of specificity were elected. Public commentary in the run up to the election focused on development, AINRs and specifically opposition to tall multi-story facilities contiguous to residential neighborhoods. A new Council majority formed and took office on 1/3/2023. No AINR decision of any sort has been made by the new Council in 2023.
Only one AINR decision has been made by the Town Planning Board (PB) in 2023 – that being the memorialization of a prior site plan approval resolution for the tall 250+ unit facility on the private single-lot AINR at 359 Alfred Avenue.
Three new PB members appointed by the new Council replaced 3 former members at the expiration of their 4-year terms on 6/30/2023 thus forming a new PB majority with all new officers elected at the next meeting.
The focus of most Council (and now presumably PB) discussions is generally on the extent to which Council and PB are now bound by prior AINR decisions/promises made by the prior Council. Intense public discussion/opposition currently is on whether the 9/20/2022 settlement of a suit brought against the Town & PB for its designation of Stop & Shop as blighted – but which settlement somehow included conceptual plans for the two AINR’s that sandwich Teaneck’s Cedar Lane and 2 resolutions which give Crossroads Companies a role as the conditional designated redeveloper for both AINR’s.
What is the status of those plans in the absence of any actual AINR-required redevelopment plan consideration or approval action itself having been undertaken by either Council or the PB?
At the Town’s 7/31/2023 “Community Meeting” Township Township Attorney Ash reviewed the status of the American Legion Drive AINR and a Crossroads personnel and attorney presented the firm’s conceptual plans for both AINR’s. The meeting drew an overflow crowd, 21 of whom spoke – none in favor of the Crossroads plans and most of whom criticized the entire process and specifically alleged a Crossroads senior executive’s alleged conflicts of interest.
What follows is annotated access information for the relevant documents concerning the American Legion Drive AINR from its inception through to the most recent 11/22/2022 resolution amending the 9/20/2022 resolution which at first gave Crossroads a 6-month conditional redeveloper role.
Philips, Preiss Authorized to Investigate American Legion Drive as potential AINR – 9/22/2020
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=6211
Richard Preiss’ 2/2/2021 report to Planning Board –recommending American Legion Area Designation
Preiss’ draft report with R. Volosin’s Supermarket Analysis appended appears in PB Agenda Packet
http://teanecktownnj.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1600&Inline=True
Preiss report is pp. 24-54;
Volosin Report is pp. 54-74 (Note Volosin Bio – p. 55 – Omits his Crossroads affiliation)
Informal Preiss PB Presentation – February 11, 2021 –
Zoom video of this meeting is at –
http://teanecktownnj.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1745&Format=Minutes minutes 21-55 – ending in Preiss statement that current S&S should be demolished
brief mention in 2/11/2021 PB minutes
http://teanecktownnj.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=1529&Inline=True – p.3
PB 3/24/21 Approves American Legion Designation – includes S&S – following Preiss formal present
Video of Preiss formal presentation and PB Vote
http://teanecktownnj.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1754&Forma
t=Minutes – minute 29-61 of video
Minutes of meeting and passage of resolution are at
http://teanecktownnj.iqm2.com/Citizens/FileOpen.aspx?Type=12&ID=1531&Inline=True p. 3
Council 4/13/2021 Designates Am Legion Dr (ALD) as AINR & Authorizes Preiss develop redevelopment plan
Res 287-2021 – Designation of ALD as AINR is at
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=6527
Res 88-2021 – Authorizing Planner Preiss to create redevelopment plan for ALD (he never did!)
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=6532
Stop & Shop 5/28/21 sues Town & PB for multiple counts including its designation of S&S as AINR and the Robert Volosin Conflict
Teaneck Voices Stop & Shop’s Complaint against Town & PB – Teaneck Voices
S&S Settlement introduced mid-mtg as Council Res 252-2022 – absent any public notice or availability
Town agenda misleadingly says the following ABOUT the resolution
“252-2022 AUTHORIZING THE SETTLEMENT OF A LAWSUIT CAPTIONED STOP & SHOP SUPERMARKET COMPANY LLC V. TOWNSHIP OF TEANECK; TOWNSHIP COUNCIL OF THE TOWNSHIP OF TEANECK; PLANNING BOARD OF THE TOWNSHIP OF TEANECK; XYZ CORPORATION 1-5; AND JOHN DOES 1-5. – Addendum 3: Created Day of Council Meeting”
Res 252-2022 – 9/20/2022
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=7463
Attached in Town archive to Resolution 252 is now this 58-page settlement agreement
file:///C:/Users/Charles/Downloads/Attachment-3781%20(1).pdf
Video of 9/202/2022 Council mtg shows Mayor at minute 55:55 of mtg says “under New Business I would like to walk in a resolution…. “
http://teanecktownnj.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1829&Format=Minutes
Teaneck’s Public immediately challenged Settlement – doesn’t it bind us? – but Town Attorneys Shahdanian & Jenkins and 3 Council members claimed that the settlementr “nothing committed” –
Attorneys Shahdanian & Jenkins “nothing binding”
http://teanecktownnj.iqm2.com/Citizens/SplitView.aspx?Mode=Video&MeetingID=1830&Format=Minutes & move cursor to minute 36 ff.
And resident Ron Schwartz – doesn’t shall mean shall? – then challenges that interpretation
Res 249 Conditional 6-Month Designation of Crossroads Companies as redeveloper –also 9/20/2022
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=7453
Res 278 AMENDED Resolution 249- 2022 – amending conditions of Crossroads as redeveloper
This resolution was passed 2 weeks after the November election changed Council composition
http://teanecktownnj.iqm2.com/Citizens/Detail_LegiFile.aspx?ID=7521
Statement by Town Attorney Shahdanian as to non-significance of Resolution 278 – You Tube
More Recent:
The March 2023 executed settlement agreement after S&S signs – then letter to Court of dismissal is at
https://teaneckvoices.com/stopshop-lit-executed-settle-dismissal/
New Town Attorney Salmon Comments to Council on Status of Am Leg. AINR as of 6/13
https://www.youtube.com/watch?v=3d8vxH6JiEg
However, in recent communications Attorney Salmon has stated that newly-discovered Res 278 gives Crossroads more rights – for much longer – than he originally thought! Attorney Ash appeared to indicate that he considered Crossroads to be the designated conditional redeveloper.
