Melray's debacle follows Bianchi to governing body!
Former
Planning Board Chairman presided over "air rights"
sale, controversy continues as to who's responsible for lights!
Wall,
Kairys believe furniture retailer is responsible!
NORTH
ARLINGTON - Years after approving the controversial sale of "air
rights" to a Ridge Road furniture retailer, Councilman Joe Bianchi's
inability to have lights installed at the parking lot below the building
continues to agitate borough residents.
Councilman
Joseph Bianchi, who served nearly 25 years on the borough's Planning
Board was unusually silent at last week's council meeting when the
issue of lights was brought up regarding the parking lot under the Melray's
furniture store on Ridge Road.
Bianchi, appointed by former Mayor Len Kaiser
and re-appointed by Russ Pitman presided over the Melray's agreement to sell
"air rights" to the Ridge Road retailer.
Air rights
is a development term that means owning or
renting land gives one the right to use and develop the empty space above the
property. The legal concept is based on an ancient Latin saying, "To
whoever owns the land, shall belong the earth to its center and up to the
heavens."
In the
case of North Arlington, the borough
negotiated the sale of the air rights above the Ridge Road municipal parking lot that allowed Melray's to build above the municipally owned property.
It was in Bianchi's watch as a member of the
planning board that this controversial agreement was executed.
Now nearly
six years later, the parking lot still lacks
lighting and residents just want to situation rectified.
But
according to The
Observer Newspapers,
North Arlington Administrator Terrence Wall said that "the parking lot was to be restored as it was prior. That would
be definition mean lighting."
Construction
Official Robert Kairys said in an interview with The Observer that "the plans were approved by the redevelopment
authority (now disbanded) at the time of the sale. It shows on the plans of the contractor at the time that there was
going to be lighting put in. This was the responsibility of the owner of the
air rights (Melray's) and was part of the package of the site plan."
So if the
plans call for lighting and the air rights were in fact sold to Melray's, where
are the lights?
"It's
a disaster. The Bianchi led planning board
obviously dropped the ball. The borough should be enforcing the agreement.
Where's the code enforcement? It seems to me Bianchi has some explaining to do
the residents as well as the borough," said one homeowner in attendance.
While
everyone believes the situation needs to be solved, why should taxpayers shoulder the cost?
"The beneficiary of lights are the customers
of Melray's. To the naked eye, it looks as though Melray's owns the
property since they enclose the lot on all sides. Why should taxpayers flip the bill if an agreement in place states
it's the retailer's responsibility? It's time North Arlington solve this
problem that has been lingering for nearly a decade! How Bianchi can sit there
and offer no explanation how this all happened is truly amazing," said one
Ridge Road passerby.
