MARLBORO — The Planning Board has rejected a request that could have allowed a developer to increase the number of homes allowed to be built on an Igoe Road property.
Harry Kantor of Holmdel sought an interpretation from the board that would have raised the permitted number of homes on his 133-acre site from 22 to 66.
On Nov. 1 the board heard testimony from Kantor’s lawyer and engineer as well as from concerned members of the public.
Representing Kantor was attorney Steven Tripp of Wilentz, Goldman, Spitzer, Woodbridge. Tripp asserted that Kantor’s property is contiguous with the Winding Brook development across Igoe Road.
Winding Brook is a non-age-restricted golf course residential community in a land conservation zone. At present, there are about 130 homes at Winding Brook.
Tripp argued that Kantor’s property is contiguous to Winding Brook and should fall within the guidelines of Winding Brook’s zoning standards.
As it stands, Kantor’s property is zoned land conservation (one home on 5 acres).
According to an official in the township planning office, Kantor has not sought approval to build any homes on the Igoe Road property at this time.
Commenting on Tripp’s argument, board member Stuart Weiss said the applicant "tried to use a creative way to attach this property to Winding Brook I and Winding Brook II."
Board member Russell Reeves did not sit on the panel during this meeting; however, he voiced his opposition to the developer’s request as a member of the public.
In testimony, Robert Portman of Igoe Road attacked the applicant’s argument and referred to the discussion about contiguous property as "a sly attempt by lawyers to say there is confusion."
Toward the end of the discussion, board Chairman Mario Giudice sought to clear up the question of who owns the land between Winding Brook and Igoe Road.
Tripp said property fronting on Igoe Road is owned by Marlboro as an open space parcel.
After that information was presented, a motion to deny the request was put forward. Board members voted unanimously that Kantor’s property and the Winding Brook site are not contiguous and ruled they have no jurisdiction in the matter.
They said Kantor would have to pursue the matter with the zoning board or the Township Council if he so desires.