From the Sidelines: Who is SMK, LLC and Why is Their Land Worth $1.8 Million

Tuesday night, the passed an ordinance allowing for the purchase of 40 acres of combined flood plain, wetlands and uplands that will cost taxpayers $1.3 million in real dollars and allow the seller to claim a $450,000 tax deduction claimed as a donation to the township. The property is located opposite the Rockaway River roughly at the intersection of the bridge to Lake Hiawatha and River Road. 

During the public hearing the lawyer for the seller made representation to the township committee that if they didn't buy the land, the developer could fill the wetlands, elevate the land and build 8-10 houses on it. Of course he is a lawyer, not an engineer, so who knows if that is true but the township committee grabbed on to it to explain why this property was so important.

In fact, in his justification for the purchase Committeeman Sandham jumped that number to 14 houses. Of course, he isn't an engineer either.

Their other argument was that the money was coming from the County Open Space Fund and Montville taxpayers were not footing the bill but it is, in fact, taxpayer money because they are the ones who fund the County Open Space program. This property has been before the planning board on a number of occasions in what is called a "concept." There was also a request for a zone change which was also denied.

To say that this property is constrained is an understatement. So it is legitimate to ask a number of questions and some residents did. Those questions were not answered. Among those were questions about who exactly is SMK, LLC. Why is the committee using an appraisal from 2009? Has anyone's property risen in value over the past three years? Why not a current appraisal? Why did SMK,LLC buy the property from another LLC listed at the same address. Was there any application even presented to the planning board, much less approved for these alleged eight,10,14 homes that would justify the price paid.

Outside of the lame excuses for buying this parcel there was no justification for its purchase. When asked for a final time who owns the land and who is SMK,LLC, the township attorney said he didn't remember who signed the contract for the seller and Committee Woman Nielson said she didn't care who owned the land. I believe who owns the land is key to why we are causing this money to be spent. 

To be fair, one Township Committeeman Don Kostka did vote "no." His was the only no vote.