Statement from Cinnaminson Mayor Ernest McGill

Cinnaminson Township finds it imperative that the record is clarified

regarding the proceedings involving the properties located at 305 and 307 Route 130
in Cinnaminson. The two (2) vacant, single-family dwellings in question were
constructed in the 1920’s when Route 130 was a limited roadway. As the traffic
volume changed over the years, Route 130 has become a major business corridor
and center of commerce. The housing stock along the corridor has subsequently
been replaced with a variety of successful businesses.

The properties in question have been vacant for over ten (10) years, in
disrepair, the recipient of complaints from neighboring residents, subject to
numerous police department responses, deemed unsafe by the Fire Marshall and a
structural engineer and generally pose an immediate risk to the public. To date,
the Township has not been provided with a single report by any professional or
agency which refutes these findings. In addition, the properties are not connected
to any public sewer system and were formerly connected to an outdated non-
compliant cesspool when last operational.

In 2019, the Township became aware of a developer’s interest in properties

adjacent to 305 and 307 Route 130 with plans to construct a fast-casual restaurant.
The developer entered into an agreement to purchase those properties. Shortly
thereafter, the developer was advised by the New Jersey Department of
Transportation that additional frontage was required to provide for a deacceleration
lane for the new restaurant. Noting that the adjacent available properties situated
to the north were abandoned with limited reuse potential, the developer reached an
agreement in principle to purchase the properties located at 305 and 307 Route 130.
The property owner ultimately rescinded her commitment claiming she had
development plans.

In December 2020, Township Officials met with the property owner to better
understand her development plans, but nothing was provided or submitted to the
Township. In July 2021, Township Officials again engaged the property owner to
inquire if she was prepared to submit any plans to the Township. Not only was the
property owner unable to provide any evidence of development plans, but she
reported that she no longer had control of the property. The reason she failed to
maintain control of her property was due to her non-payment of taxes which was
now subject to a tax lien. She subsequently directed Township officials to contact
the new owner.

Township officials contacted the new entity in control of the property and, in
September 2022, the Township facilitated an agreement of sale on behalf of the
developer. The Township provided guidance and business advocacy recognizing
that the property had been vacant for over 10 years, considering the uncertainty
regarding control of the property and the current zoning provisions which limited
potential reuses of the property.
 In response to this agreement of sale and at the eleventh hour, the former
(now current) property owner remarkably found the financial resources to satisfy
the lien holder and regained control of the property. However, once again, the
property owner is currently in default of her 2023 tax obligation and the last
recorded tax payment was made on November 15, 2022.

Due to the property owner’s lack of transparency, inability to maintain the

property and myriad of financial woes, the Township chose to directly advocate for
quality economic development and had the properties appraised by an independent
appraiser on two separate occasions to determine fair market value of the
properties.

In 2022, the Township subsequently petitioned the Superior Court for the
purpose of acquiring the properties. The trial court concluded, not once, but twice,
that the Township correctly and accurately exercised their authority of eminent
domain as permitted by the Local Redevelopment and Housing Law. The property
owner stands to earn every penny of nearly $600,000 that an independent appraiser
set as the value of the property which was placed in an escrow account by the
developer and waiting for the property owner to withdraw. The property owner has
chosen not to accept the nearly $600,000 and, instead, is delaying the much needed
redevelopment of two buildings which have been vacant and abandoned for years
and have been declared a public safety hazard.

The property owner has NEVER presented plans of any kind to the Township
and has NEVER submitted a development application to either the Cinnaminson
Township Zoning Board or Planning Board.

The property owner has failed to be an honest broker. The property owner
has failed to sufficiently maintain her property. The property owner has failed to
ensure the safety of Cinnaminson Township residents and the surrounding business
community. The property owner has, time and again, failed to pay her property
taxes. The property owner has generally failed to be a positive member of
Cinnaminson Township’s thriving business community. The property owner has
failed Cinnaminson Township.

For the reasons cited above, Cinnaminson Township strongly disagrees with
the appellate court’s recent decision. That decision undermines the decision of the
trial court as well as the spirit of the Local Redevelopment and Housing Law. The
Township is now considering all options, including appealing the appellate court’s
decision. Regardless, the Township is prepared to take whatever action and legal
recourse necessary to hold this property owner accountable for her continued
failures and to advocate for our residents and our business community.