two applications it
previously denied
Planners review cases
remanded from court
Panel in Jackson OKs
two applications it
previously denied
BY JOYCE BLAY
Staff Writer
JACKSON — The ghost of denials past continues to haunt the Planning Board, which recently heard two more applications that had been remanded by the state Superior Court. Both applications received preliminary approval.
Joshua Associates is seeking to build a 60-home development on 79 acres on Jackson Mills Road and East Commodore Boulevard.
As a condition of the court remand, the developer must attempt to sell the property for commercial use, according to Janice Kisty, Planning Board secretary.
"The property is [located] in an area that is near I-195 and County Line Road, a commercial and light manufacturing zone, although there is some residential housing in the vicinity," she said. "That’s why it could go either way. If you look at our zoning, the potential for commercial zoning exists and I guess that’s why the judge ordered that remand requirement."
Even if the property is sold for commercial use, it may take years before the land is developed for that purpose, according to Kisty, who added that there was a more immediate concern for potential commercial developers.
"If someone else purchases the property with an eye toward developing it as commercial property, that owner will have to present a site plan to the board for its approval application," Kisty said. "However, most interested buyers have indicated that the asking price is too high."
When asked, lawyer Steven Pfeffer of Levin, Shea and Pfeffer, representing Joshua Associates, denied that the developer was deliberately asking a higher price of commercial suitors.
"(Superior Court Assignment) Judge (Eugene D.) Serpentelli’s order was that we should get the same price for 60 buildable lots according to market value," he said. "However, no [potential] buyers are interested in that level of commercial price so far."
Pfeffer said that inquiries have been solicited through Harvey Karen, who the township designated as its broker, but that none of the queries have as yet resulted in an offer to buy.
"If there are no offers of purchase by commercial property buyers by 18 months from the date the court order was signed by Judge Serpentelli, then we may entertain offers from residential buyers," Pfeffer said. "Once we have a written offer, the township has a 30-day right of first refusal. I have no idea if they would use it."
The other court remand was an appli-cation by May B Multi to build a 10-home residential development on 13.38 acres on Perrineville Road. Kisty said the applicant sued the township after being denied approval by the board in August 2001.
"It was denied after the applicant refused to give the board sufficient time to review the EIS (Environmental Impact Statement)," Kisty said. "The board also charged at the time that the applicant did not submit materials in a timely manner. Those were two reasons why the board chose to deny that application and that was why [the applicant] chose to go ahead with a lawsuit."
Kisty said applications must be complete administratively upon submission to the Planning Board office in order to be reviewed by the professionals and placed on an agenda for hearing by board members.
But Pfeffer had a third reason for the board’s denial of the application.
"Before the 3-acre (residential) zoning ordinance took effect, at the last Planning Board meeting scheduled, the board met until early in the morning — about 2 or 3 a.m. — at which time developers were offered the option of postponement or be denied that night," Pfeffer said. "Postponement would have meant they would be subject to the 3-acre zoning requirement."
According to Pfeffer, when it came to his client’s turn, representatives for May B Multi chose to be denied and then sued the township — along with many other applicants whose applications have since been remanded.
"(Superior Court) Judge (James) Clyne reversed the denial, as he did many others, and the case was remanded under 1-acre zoning," Pfeffer said. "At this point, I think Josh Elkes, the owner of May B Multi, just wants to get the project approved."
Pfeffer said he did not know whether the development would consist of custom designed homes or tract homes.
Although both applicants received preliminary approval, each must make separate applications to receive final approval, Kisty said.
When asked how long that would take, she replied, "I can’t even begin to speculate."