Developer Appeals Rejection Over Bergen County Subaru Site

A developer stuck in park at the former site of a Bergen County Subaru dealership is appealing to shift the project gears back into drive.

The hidden developer of 66 Kinderkamack Road in Oradell, New Jersey, is appealing a denial from the borough’s Zoning Board of Adjustment, NorthJersey.com reported. The ZBA in the county borough sidelined the project in November after six months of hearings.

The plan by the developer, who is obscured behind a limited liability company, has already been reduced. The most recent proposal called for 29 housing units — including five affordable housing units — in a three-story, 25,000-square-foot mixed-use building. That was a reduction from 33 planned units, narrowly denied by the ZBA a year ago.

The appeal claims the board’s denial was “arbitrary, capricious, unreasonable, and contrary to the evidence in the record.”

There are several points of contention between the board and the developer.

One part of the appeal takes issue with the idea that the board considered “impact on the neighbor” in its rejection, arguing that was an improper argument for the decision. There were also disputes surrounding the floor area ratio of the project — the ZBA included the lower level parking garage floor in its calculation, while the developer did not.

Apprehensive board members also expressed concerns about neighborhood character and the size of the property.

There is a benefit the borough is missing out on without a project to move forward. One condition of the project was the cleanup of contaminated soil at the site and three nearby houses, polluted during the Subaru dealership’s occupancy. The estimated cost of the cleanup for the three homes alone is $350,000.

The identity of the developer could not be determined. The lawyer representing the developer in the appeal did not immediately respond to a request for comment from The Real Deal.

— Holden Walter-Warner