Testimony continues in appraisal hearing for train station

BLOOMFIELD, NJ — The civil trial to determine the monetary value of the privately owned property containing the downtown Bloomfield historic train station continued for a second week in Newark Superior Court. Judge Robert Gardner is presiding.

The oblong-shaped property being contested runs parallel to the westbound New Jersey Transit tracks, between Glenwood Avenue and Washington Street. The township has had the property appraised for $440,000 with the intent of acquiring public access to an unused, NJT-owned tunnel inside the historic station. The tunnel would be used as a shortcut to Manhattan-bound trains.

The owner of the land is investor Howard Haberman. Haberman has had the property appraised for $3.2 million. He has proposed the site for a residential/retail redevelopment project.

On Thursday, May 26, Michael Breit was on the witness stand. He identified himself as the real estate manager for the Haberman Building Corp. He was first questioned by Anthony Della Pelle, Haberman’s attorney. The trial is by a jury of six.
The testimony solicited by Della Pelle attempted to determine how the Haberman property was used in the past, and the understanding Haberman believed he had with township officials for the future use of the property. The redevelopment project “Glenwood Village” is across Lackawanna Place from the contested land and, according to previous testimony, Haberman’s property was considered by township officials as part of downtown redevelopment plans. Glenwood Villages is on Block 228; the train station is on Block 220.

Breit said he has been working 13 years for Haberman.
According to Breit, Haberman once owned three properties on the block where Glenwood Villages was to be built. Breit said tenants in the area were urged to move out.

“No long-term leases were anticipated,” he said.
Della Pelle wanted to know if Breit’s management of the properties were affected by this.

“From 1997 to 2005, we were in limbo,” Breit said. “We didn’t invest money because we anticipated the properties would be taken from us.”

Then a change of mind by the township took place around 2007-2008, he said. The township no longer intended to acquire property by condemning it.

“Glenn Domenick said if anyone was interested in the redevelopment project, to get in touch with the township,” Breit said.

Glenn Domenick is the Bloomfield director of development.
Della Pelle asked if there were an agreement between Haberman and Bloomfield in 2009. Breit said there was, that Haberman and the town signed a memorandum of understanding. He said this was to encourage a development on the historic train station property.

“The train station was very important to the redevelopment,” Breit said. “The center of town was in decay for 50 years. A transit village turned it around.”

Della Pelle asked if a renovation of the train station was being considered. Breit said yes, as early as 2004. A government grant was obtained but the township took it.
“We’re you still having discussions with the town?” Della Pelle asked.

Breit said yes and that it was his understanding that if Haberman gave up three properties he owned on Block 228, where Glenwood Village was to be built, Haberman would receive an equal amount of property.

Breit said the agreement was signed September 2009. It was also his understanding that in return for Haberman’s three properties, Haberman could develop the train station property.

Della Pelle wanted to know if he and Haberman met with the township in 2011.
“Yes,” Breit said. “March 23, 2011.”

He said Joe Bauman and Glenn Domenick, for the township, were at the meeting.
Bauman is an attorney who was representing the township.
“What happened at the meeting?” Della Pelle asked.

“They started with a different tone in their voice,” Breit said.
Breit said Bauman asked Haberman if he would like to have the train station named after his family.

“It came out of left field,” Breit said.
Then, according to Breit, Bauman said the township wanted to buy the property. The township also asked for the keys to the historic train station and asked that renderings of a train station development be taken off the property.

Breit said in April 2011 he asked the township what was its offer for the train station property.

“It wasn’t in our best interest to alienate the township,” he said.
Breit said he was watching Bloomfield Public TV when Domenick told the council that the train station was not to be developed, it was to be sold.
“It was news to me,” Breit said.

Della Pelle concluded his questioning. Breit was now cross-examined by Demetrius Miles, an attorney with McManimon and Scotland, which is representing Bloomfield.

Miles wanted to know if Haberman ever received an offer from the township for the property. Breit said yes.

“Is it your contention that the township argued in bad faith?” Miles said.
Della Pelle objected and Gardner overruled him.
Miles said Haberman never made an attempt to develop the site.
“For 20 years, the property was vacant,” Miles said.

At one time, the historic train station contained a fish restaurant.
Breit said there was no mandate for Haberman to develop the property.

“He kept it in good shape,” he said. “It had a restaurant and Christmas trees. He had an independent income. If he put it into his piggy bank for a later date, that doesn’t make him a bad owner.”

“Stop!” snapped Gardner. “This in not a discussion. This is a cross-examination.”
After a pause, Gardner called for a one-hour recess. When everyone returned, Miles said he had no more questions and Breit stepped down.