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Activists Fight To Save Federal Hill From Development

Laptop Battery If a craggy woodland mountain known as Federal Hill cannot be saved from development, it seems unlikely that any place in New Jersey ever can. Waves of resistance wash over the small town that claims the hill, from the grade-school classrooms to the living rooms of its flatland bungalows to the Town Hall.

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Thinkpad Leading the campaign to keep 360 houses from creeping up the rocky slopes behind her home is Sue Smith, suburban mother turned crusading councilwoman of Bloomingdale.

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Microsoft Ask why the fight and she directs you to three soft black briefcases slouched against her coffee table. From them, she extracts the dog-eared environmental impact statements, the marked-up transcripts of public hearings, the polite letters, and then the angry letters, she has sent to state agencies and cc'd to the governor.

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Laptop Computers It's hard to imagine a more dynamic grass-roots campaign.

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Laptop Computer It has unseated, by a landslide, a slate of Republicans in a heavily Republican town, prompted a steep-slope ordinance and an open-space tax on residents, started a drive to make the hill a national historic site, produced a state designation of Federal Hill as environmentally sensitive, and spawned a colorful Web site, complete with George Washington's letter ordering troops to execute mutinous soldiers on Federal Hill.

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Desktop Computer More evidence turns up on a drive along Van Dam Avenue, the road adjacent to Federal Hill that floods about twice a year when heavy rains swell the Pequannock River. For months, a wooden sign was propped against a house, with scrawled, 6-inch-high letters: "REMEMBER FRANK CASTRO VOTED IN FAVOR OF THE FEDERAL HILL PROJECT!"

Notebooks Voters apparently paid heed -- Councilman Castro, who supported the proposed Meer Bloomingdale Estates, was defeated a year ago.

Lenovo Although their foes have been largely politicians and developers, Smith and her allies have also found themselves pitted against a state doctrine that orders most New Jersey towns to accommodate low-income housing, the so-called Mount Laurel ruling. Smith says the law, which requires Bloomingdale to provide 200 such units, is incompatible with protecting the environment.

Hard Drive In her own back yard, Smith sees an escalating clash of New Jersey titans: the reality of sprawl vs. the principle of making suburban towns affordable.

Travelstar And in her plain-spoken, down-home, housewife-turned-activist way, Smith not only discerns trends but may be part of one -- that of ordinary citizens becoming sophisticated protectors of the environment.

Gateway "The private citizens made this an issue -- the Toms, the Sues, the Reginas, the seniors -- they wanted to be heard," says Smith, a Democrat, seated in her living room with Tom Tintle, a Republican ally and neighbor who painted the sign. "I think we've shown people that you can fight city hall and win. A lot of people love that, to see the little guy win. We've tweaked the big guy's nose."

Laptop Parts Just about every environmental group in New Jersey has weighed in against housing on the hill, which is home to wetlands, wild turkey, bears, raptors, and five endangered or threatened species, including the great blue heron. The mountain borders the Pequannock, a source of drinking water.

Software Even the courts appear to have come down on Smith's side. Two years ago, a Superior Court judge held firm in rejecting a separate Federal Hill project proposed by Baker Residential, a developer in Pleasantville, N.Y. It, too, would have contained Mount Laurel housing. Judge Robert Passero affirmed the views of the people he saw as the experts: residents familiar with their community.

Hard Drives It was a notable victory, given that it stands in stark contrast to a very similar housing project in Oakland, the Ramapo River Reserve, also built by Baker Residential on the side of a mountain. There, borough leaders insisted that circumstances forced them to approve the developer's plan. But in Bloomingdale, residents threw out the leaders who used that argument.

Electronics They even invoked prayer. Smith and members of the Bloomingdale Environmental Commission formed a chain and prayed while the planning board voted 6-3 against the first Baker application to come before the board in 1997.

Canon But that vote did not end the push and pull of Federal Hill, the mile-square mountain that sits between Route 287 and bucolic Bloomingdale, population 7,900, on the edge of the New Jersey Highlands. Nor did it end the involvement of Baker Residential.

Desktop Pc If the current developer, Bloomingdale Joint Venture, wins approvals, it will sell the 180 acres to Baker Residential, which will take on construction. Smith has looked into Baker Residential's other projects, including the Ramapo River Reserve, where a damaging mudslide occurred in 1999.

Desktop Computers She says Bloomingdale Joint Venture's application, after two years before the Planning Board, has yet to answer key questions.

Think Pad "Where are they putting all that water that's going to come down here?" asks Smith, who has two sump pumps in her basement. Other neighbors have four or five. "I have no clue. They keep changing this. It's like they're trying to wear us down. But that's not going to happen. At all."

Repair Frank Linnus, attorney for Bloomingdale Joint Venture, dismisses the hill's historical significance as irrelevant to the site, and says sensitive construction will protect wildlife and prevent flooding.

Data Recovery "You can't get a plan approved in this state today without proving that the rate of runoff cannot exceed the current rate," he says. "That will be demonstrated in the testimony."

Cisco Linnus says the application is in the closing stages, with engineers, an architect, and an environmental expert yet to testify before the Bloomingdale Planning Board.

Keyboard David Butler, Planning Board chairman, says the complicated project has been before the board for about two years, longer than usual, with no clear end in sight. He says he's confident the board will make a "fair and just" decision.

Monitor As the town waits, Sue Smith keeps on. Her campaign at first did not sit well with her husband and daughter, accustomed to having her at home. Now, her spare time is often occupied reading plats and schematics and engineering books. In one storm this year, she waded through inches of rainwater on Van Dam Avenue with her camera and camcorder. She is accumulating photographic evidence of what she says are the health and safety hazards of trying to build on steep slopes.

Desktop Smith also relentlessly attacks Mount Laurel, the state law that requires towns to accommodate houses affordable to people of low and moderate income.

Infosys She admits to a personal irony -- that a low-cost government loan lifted her family out of a shabby urban housing project into a better rural life and that today her crusade could, in theory, deny the same to another family.

Refurbished Laptops "I think it's the greatest thing when you're able to help families," Smith says. "But that's not what they're doing anymore. The law seems to be a shield for developers. Builders think they can build anywhere they want."

Wipro This developer, although seeking approval under Mount Laurel with a promise to build 72 low-income units as part of the 360-unit project, could end up building no affordable housing. The law would permit it instead to pay Bloomingdale $25,000 per unit, which Bloomingdale would in turn send off to another city to build affordable housing there.

Lap Top Such arrangements are called regional contribution agreements, or RCAs, and they allow builders and towns, in essence, to buy out of up to half of their low-income housing quota. Some towns have raised taxes to do just that. The money is diverted to other, needier cities in that town's region.

Refurbished Thus, Waldwick and Cresskill have opted out of building low-income housing and sent money instead to Bayonne. Upper Saddle River, Old Tappan, and Allendale have given money to Jersey City. Paramus and West Paterson have sent cash to Paterson. In all, 7,396 housing units have been swapped in this manner, according to the Council on Affordable Housing, or COAH, the agency that has administered the Mount Laurel doctrine since 1985.

Memory While the RCAs may send money to cities in need of affordable housing, Smith believes the arrangement hardly creates economic diversity in New Jersey. And environmental groups argue that developers manipulate Mount Laurel to get their projects approved, often without building low-cost housing.

Intel "It's one of the reasons there is so much opposition to affordable housing," says Sally Dudley, executive director of the Association of New Jersey Environmental Commissions, a group with members from 300 towns. "A lot of these procedures for how it's supposed to be done have been misused, and the end result has simply been high-density projects and sometimes no low-income housing at all."

As400 Almost 28,000 of the 610,000 housing units built in New Jersey since 1983, the year the New Jersey Supreme Court reaffirmed the state's Mount Laurel obligations, have been low-income. And since 1995, commercial space in New Jersey has increased by 60 million square feet, the equivalent of 15 new World Trade Centers. That, not COAH, is creating sprawl, Dudley asserts.

Averatec Still, Dudley and the Coalition for Affordable Housing and the Environment -- a collection of 40 other environmental, affordable-housing, and planning groups -- do advocate a change in COAH regulations, which are under agency review.

Hardware A town's low-income housing obligation, they believe, ought to be tied to growth. In a plan called "Growth Share," the group proposes that any new residential or commercial development must provide low-income housing equivalent to 20 percent of its project.

Dual Xeon Many town officials might support such a change, to eliminate what they consider conflicting state policies. Stuart Koenig, the land-use attorney for the New Jersey State League of Municipalities, says conflicts arise when a town like Bloomingdale, for example, which has been designated "environmentally sensitive" by the state, feels forced to accommodate affordable housing on sensitive sites.

Storage "The Legislature must come up with a way to meet affordable housing obligations without creating tremendous sprawl," he says.

Seagate Some environmentalists urge more than that. No site deemed environmentally sensitive, such as Federal Hill, should be considered for housing of any type, argues Kathy Baker, coordinator of Skylands CLEAN, a Highlands environmental group. And all sites should be subject to more stringent environmental reviews than are now required, she says.

Computer Sales "There's a no-growth mood in New Jersey," says Shirley Bishop, the executive director of COAH, "an anti-sprawl mood. The citizens of New Jersey are looking at any development as not desirable at the moment. They're getting very sophisticated; they understand endangered species, open space, farmland. These are all pivotal points."

Computer Hardware Bishop could be describing the people of Bloomingdale, led by crusader Smith and joined now by the town fathers.

Printers "We'll fight them to the end," says council President Harold "Hack" Miller, a Smith supporter and ally. "And if we have to go to court, we will. The people who used to be in charge here sold us out. But we'll never give up on this."

Technology Candy Cooper
Bergen Record - 11/23/2001

Topic: Highlands

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