Déjà Vu In Montclair: Lackawanna Plaza Plan Returns To Town Council

MONTCLAIR, NJ — As one of Montclair’s most-well known icons – the late Yogi Berra – once said: “It’s déjà vu all over again.”

The debate over one of Montclair’s most controversial real estate projects in years erupted again this week. And once again, the future of Lackawanna Plaza is in the hands of the Montclair Township Council.

In an attempt to resolve any “alleged conflict of interest” surrounding the Lackawanna Plaza Redevelopment Plan, the council reintroduced a new ordinance for the long-running proposal at their meeting on Tuesday – less than a year after giving it a green light.

The ordinance, which would replace the old version, can be seen online here.

The new ordinance – up for first reading – was passed by a vote of 5-1. Mayor Sean Spiller and council members Roger Terry, William Hurlock, Robin Schlager, Lori Price Abrams voted “yes.” David Cummings voted “no,” and Robert Russo recused himself from the vote (watch the video below, cued to the discussion).

The ordinance and redevelopment plan will now go to the Montclair Planning Board for a non-binding recommendation. It will then return to the town council for a public hearing and final vote.

Why is the council taking another pass at Lackawanna Plaza? According to the text of O-24-09, it’s due to a pair of ongoing legal battles over the project:

“Certain plaintiffs have filed legal challenges to the adoption of [the previous ordinance] and the redevelopment plan captioned, One Greenwood LLC v. Township of Montclair et al, Docket No. ESX-L-7654-23, and Montclair Residents for Responsible Development v. Township of Montclair et al., Docket No. ESX-L-7633-23.”

The new ordinance notes that the township denies any wrongdoing or liability, and maintains that the original ordinance and redevelopment plan were “validly and properly approved and adopted.”

But it’s worth taking another whack at things – just to clear things up, the ordinance adds.

Montclair’s interim town attorney, Paul Burr, offered more background about the reason for the return of Lackawanna at Tuesday’s meeting.

“As I am sure you can understand litigation like this costs towns and their citizens expense and time – time that can be better spent moving the town and the redevelopment plan forward,” Burr said.

“We are going to consider the ordinance and redevelopment anew, so we can put forth the best plan for the township and the redevelopment of the Lackawanna Plaza area,” Burr continued. “And that way, the plan – if approved this time around – can stand on its own merit.”

The suit filed by One Greenwood names the Township of Montclair, the planning board and developer BDP Holdings. It claims the old ordinance was improperly adopted, and is not consistent with the town’s master plan.

The suit filed by Montclair Residents for Responsible Development alleges that former councilman Peter Yacobellis shouldn’t have voted on the old ordinance last year. It claims that Yacobellis had a conflict of interest because of his role at local nonprofit Out Montclair – where he served as executive director – which received donations from the project’s developer.

Yacobellis – who voted yes on the old ordinance before resigning from the council due to personal reasons – issued a statement about the reborn Lackawanna Plaza plan on Wednesday.

“Even though legally unnecessary, as acknowledged by the town attorney, this was the right move for the council to take and I’m proud of them for taking it,” he said.

COUNCIL ELECTION, NEW PLANNING BOARD MEMBERS

The new Lackawanna Plaza ordinance may possibly see a vote from an entirely new town council dais when it comes up for a final vote.

Montclair will have a municipal election for its mayor and council seats on Tuesday, May 14. Only one of the seven current members is running again in 2024: Bob Russo.

• See Related: The Incumbents: Montclair Town Council Will See Big Turnover In 2024

The Montclair Planning Board has also seen a roster change since the last vote on the Lackawanna Plaza plan. In February, Geoffrey Borshof and Thamar Campbell replaced Anthony Ianuale and Carmel Loughman as Class IV members of the board.

• See Related: Montclair Planning Board Sees Roster Changes, 2 New Members

The Montclair Planning Board has 45 days to return their recommendation on the new ordinance to the council.

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