Dear Editor:
In support of Bob Venezia’s Contention on the Lanidex Warehouse. Under N.J.S.A. 40A:20-1 et seq. (the Long Term Tax Exemption Law), a Payment in Lieu of Taxes (PILOT) agreement must generally be negotiated, approved, and executed by the municipality before construction begins to qualify for the tax exemption on the improvements. .. PILOT agreements are typically approved during the redevelopment planning phase, which occurs before site plan approval and the issuance of construction permits.
If construction begins before the PILOT is authorized, the developer may be liable for full, conventional property taxes on the improved value of the property, as the tax exemption generally applies to improvements made after the agreement is in place.
Disclaimer: Real estate tax law, particularly in New Jersey, is complex and highly dependent on the specific redevelopment agreement. Consult with a New Jersey land use attorney for specific project guidance. (Again we have until March 31st to do this)
Seems this PILOT for Lanidex should be looked at by State Attorney General. This warehouse boasted No PILOT at the Board Hearing, according to Attorney John Inglesino. The warehouse is also outside the guidelines for warehouse locations. So much for the safety wellbeing of the residents
If Councilman McGrath is sincere in his contention he should take it to the next step, and ask that a Higher Legal State Agency look into the matter, not just state his opposition, but actually oppose in a forceful manner of looking in to a possible illegality in how this whole Warehouse, and sudden Pearl Harbour PILOT came to tuition at a lame-duck Council of the last administration
March 31 is a deadline given in the State to review any Housing Developments.
Consider this The Lanidex Warehouse not only is it allowed to be outside the Warehouse Guidelines for such location placement; near a school; it was openly in favor for as an alternative to any affordable housing by the BOE at the time, and one of the reasons it was approved by the former Council, and Mayor who sat on the Board that approved it. Therefore it can be argued this warehouse was allowed in direct relation to the Housing, as opposed to it. (This can be easily proved by the very words spoken during the Planning Board Hearings.)
Neighborhood preferred housing not warehouse
People from the immediate neighborhood in Lake Parsippany open spoke at Council, saying they would rather have the Housing than the warehouse. Former Council appeared to give this some concern. If the warehouse developer had made it known, he could not overcome the financial obstacles of this warehouse construction in the location, then the project should of been cancelled in favor of the Neighborhoods Request.
Did Inglesino pull another fast one off on Parsippany?
Rain off the roof of the warehouse, would be cleaner was the only Guarantee from Inglesino expert, at the Planning Board concerning stormwater. Site Selection for Lanidex Considerations, while being near the school was ignored, imposing on the Lake Parsippany Neighborhood character ignored, and all the required modification to accommodate the trucks and traffic ignored, or would be addressed before.
Warehouse Guidelines Ignored
Environmental Sensitivity: Avoiding placement near sensitive receptors like schools, parks, or residential areas, no sited from the Planning Board at the time from the Guidelines for Warehouse locations.
Mitigate and avoid conflicts with other uses, sensitive populations and receptors by locating large warehouses away from residential areas/neighborhoods, downtown commercial/retail areas and main streets, schools, daycare, places of worship, hospitals, overburdened
communities, scenic corridors, and historic districts, important public and civic outdoor spaces, and recreational facilities (Livingston-Benedict remaining landscape)
State Planning Commission Policy
To systematically address warehouse development, communities should proactively plan for warehouse projects to prevent land-use conflicts that harm residents, other communities, and the environment before they materialize, and guide sustainable development. Proactive planning ensures long-term benefits and provides a predictable business environment, with consistent expectations for developers.
Parsippany has already approved 2-other warehouses in appropriate locations and given 30 Year PILOTS. Like too many office spaces, and malls of the past, now we shall over do the warehouses in New Jersey. This is no time to be bipartisan in a harmless asking for a review by the courts on the strange PILOT given for Lanidex by the last administrations lame duck session.
Nicholas Homyak
