Emerson is redeveloping in response to affordable housing requirements.
EMERSON -- The borough's efforts to update its main business strip have spooked some business owners who fear they'll be forced out.
The Emerson council voted this month to declare a block of properties on Kinderkamack Road northwest of the train station as "area in need of redevelopment."
JMF Properties, a developer based in Whippany, plans to combine properties on the block to build a four-story development with retail on the first floor and 147 residential units above, Mayor Lou Lamatina said.
The plan has stoked fears that the borough will use eminent domain to seize their properties for the developer, but Lamatina said those fears are unfounded.
The "area in need of redevelopment" designation gives the borough the power to use eminent domain on the block officially known as Block 419 if need be, but Lamatina said this would be a last resort if JMF can't come to agreements with existing property owners.
Akram Amaisse, who owns one of a building on Block 419 containing two businesses, said the threat of eminent domain plays a part in his decision whether to sell. Amaisse, who has owned the building for four years, said he would likely agree to a sale once an offer was formalized. He declined to discuss the terms.
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Matthew Morelli, owner of Cloud 9 Vapes, one of Amaisse's tenants, said he hoped the developer would help pay his relocation costs if he's forced to move.
"If they don't want to give any money, we're screwed," said Morelli, who has owned the business for two years. "I'm not looking to walk away with a bunch of money. I just want a fair deal."
Richard DeAngelis, an attorney with Morristown firm McKirdy and Riskin, said he would sue the borough on behalf of his client, the owner of a lot containing former restaurant Ranchero Cantina. DeAngelis said the borough has failed to give evidence that the property needs to be redeveloped.
Lamatina dismissed the challenge as a ploy to drive up the sale price for his client, but DeAngelis insists his client wants to keep the property.
Most of Kinderkamack Road in Emerson is part of a redevelopment zone, but only Block 419 is an "area in need of redevelopment" with a developer attached. Emerson's redevelopment plans are in response to a lawsuit dating back more than 15 years filed by a developer who sought to build multifamily housing in Emerson.
In a 2001 decision, Judge Jonathan Harris said Emerson was "a bastion of exclusionary housing" and ordered the borough to follow through on a plan to provide more affordable housing. Emerson is one of many towns scrambling to comply with state affordable housing requirements.
In nearby New Milford, town officials approved a settlement that would allow a developer to build a shopping center and 145 housing units.
Lamatina said borough officials plan to write a letter explaining the process to residents to respond to confusion and criticism on social media.
"The borough is doing everything it can to educate the public," he said.
Myles Ma may be reached at mma@njadvancemedia.com. Follow him on Twitter @MylesMaNJ. Find NJ.com on Facebook.