BY JOYCE BLAY
Staff Writer
JACKSON — If Jackson Commons is built, a warehouse distribution center will not be part of it.
At a special meeting Oct. 20, the Zoning Board of Adjustment unanimously granted developer Mitch Leigh a variance to build a 55-foot-tall hotel in the proposed 2.9-million-square-foot commercial campus on Cedar Swamp Road and East Commodore and West Commodore boulevards, but not a warehouse distribution center.
The hotel will exceed the zone’s maximum height by 5 feet.
Leigh had sought permission to build the warehouse distribution center in a highway commercial zone, but zoning board members elicited an agreement that he not build one at all. The center would have been permitted in the western sector of the development without a variance. In place of the distribution center will be another office building, according to attorney Raymond Shea, who represented the applicant.
Zoning board members unanimously denied Leigh’s request for a variance for the distribution center after residents criticized the idea at a series of public hearings.
The board deferred a vote on preliminary approval of the application pending compliance with stipulations outlined by Township Planner Rick Ragan.
Ragan, who works with the Planning Board, also has been working with the zoning board this year at the request of board Chairman Michael Kelly.
Ragan said Leigh must provide the status of any pending permits from the state Department of Environmental Protection, going back to submission of the application for Jackson Commons earlier this year.
Leigh also must provide a traffic study that reflects the absence of a warehouse distribution center since the board did not approve a variance for one.
Ocean County engineers met with Leigh’s representatives and township professionals on Sept. 24 to discuss ongoing county road widening projects in the vicinity of Jackson Commons. Ragan said a second meeting is planned with county engineers as well as representatives of the Office of Smart Growth and the state Department of Transportation.
Ragan told Shea that a phasing plan must be agreed to at every stage of development of Jackson Commons before the board will vote on Leigh’s application for preliminary approval. Ragan told Shea he was not satisfied with the internal design of the development, particularly the site of what would have been the 38th building the campus could accommodate. While there is no guarantee that all 38 buildings would be constructed, according to prior testimony of engineer David Eareckson, Ragan was not satisfied with their current layout.
Ragan offered his plan for improving some of the design elements of Jackson Commons. Based on comments made during the public forum earlier in the meeting, he proposed incorporating some of the features of Towne Centre, a town-within-a-town concept that Leigh had proposed to Jackson residents in 2002, but was not well received by them.
Township Committee members said they would refuse to rezone the township so as many as 5,400 residential units could be built to support the commercial sector of Towne Centre.
Leigh Realty spokesman Tom Bovino said that ironically, Jackson Commons is not zoned for many of the design elements that some residents found so appealing about Towne Centre. Bovino said that in order to incorporate those features into Jackson Commons, the applicant would have had to request many more variances than the two that were before the board.
Jackson Commons is on the site where the commercial portion of Towne Centre would have been built.
“I get the feeling from the public that
the main issue is the warehouse (distribution center),” said zoning board member Peter Clute. “If you can work out the traffic issues, I have no problem with the hotel” being built 5 feet higher than what is allowed.
The proximity of Jackson Commons to homes in the area was a concern for residents and board members.
“Maybe (Leigh) could offer something like (the commercial portion) of Towne Centre,” said zoning board member Scott Weinstein. “As long as (there’s) a big enough buffer … to maintain the privacy of homes” adjacent to Jackson Commons.
“What’s enough?” asked a woman in the audience.
“Building 38 … (should) be moved away” from its present location in the plan,” said Donna Hopkins, a zoning board alternate member. “If the building is turned around it won’t be so close to homes and may alleviate any problems.”
Kara Snow, who lives on West Commodore Boulevard, expressed her support for Leigh and his vision for Jackson.
“I really thought Towne Centre was a better project,” she said. “Mitch Leigh’s doing what he needs to do by law, [but] we’re being cheated out of more.”
Garry Black asked whether the hotel’s additional 5 feet of height would pose a problem in the event of a fire.
“I know 5 feet isn’t [much] more, [but] do we have the fire apparatus to deal with it?” he asked.
Kelly said Jackson does.
John Artale said he had calculated the possible effect Jackson Commons’ tax revenues would have in reducing taxes paid by residents. While he conceded that money would not result in a tax reduction, he said the funds would still help.
Barbara Cardinale of Monarch Court said that she, too, preferred the concept of a Towne Centre with a commercial village and shops.
“Right now you have to go outside of town” to shop, Cardinale said.
“Mitch Leigh is working with the township engineer to make the development the best it could be,” Kelly said.
Ragan said he was also working with Leigh’s professionals to see that the design of Jackson Commons reflected the best of Towne Centre as well as addressing the concerns of residents worried that their quality of life would be impacted. A conformance plan would ensure that Leigh could not install an infrastructure and then sell the development to someone else.
“I feel that we can continue this process of working toward the best design so [that] it’s a win-win situation,” Ragan said. “[Once that’s done], I think we could be in a position to act on a preliminary site plan.”
Kelly said the next meeting to hear the project is Dec. 15 at 7:30 p.m. in the municipal building. He said he expected to have Leigh’s overview of the project with more details. He emphasized that the board had not made a final decision to grant preliminary approval to the application just because township professionals are working with Leigh’s professionals to make changes in the plan.
“I approved [the request for a hotel variance] and denied the center,” Kelly said. “As we [implement] the phasing [plan, it] will complement [the current design. This gives] Mr. Leigh the opportunity to go forward with a realistic, environmentally friendly commercial plan.”
Donna Hopkins, a zoning board alternate member. “If the building is turned around it won’t be so close to homes and may alleviate any problems.”
Kara Snow, who lives on West Commodore Boulevard, expressed her support for Leigh and his vision for Jackson.
“I really thought Towne Centre was a better project,” she said. “Mitch Leigh’s doing what he needs to do by law, [but] we’re being cheated out of more.”
Garry Black asked whether the hotel’s additional 5 feet of height would pose a problem in the event of a fire.
“I know 5 feet isn’t [much] more, [but] do we have the fire apparatus to deal with it?” he asked.
Kelly said Jackson does.
John Artale said he had calculated the possible effect Jackson Commons’ tax revenues would have in reducing taxes paid by residents. While he conceded that money would not result in a tax reduction, he said the funds would still help.
Barbara Cardinale of Monarch Court said that she, too, preferred the concept of a Towne Centre with a commercial village and shops.
“Right now you have to go outside of town” to shop, Cardinale said.
“Mitch Leigh is working with the township engineer to make the development the best it could be,” Kelly said.
Ragan said he was also working with Leigh’s professionals to see that the design of Jackson Commons reflected the best of Towne Centre as well as addressing the concerns of residents worried that their quality of life would be impacted. A conformance plan would ensure that Leigh could not install an infrastructure and then sell the development to someone else.
“I feel that we can continue this process of working toward the best design so [that] it’s a win-win situation,” Ragan said. “[Once that’s done], I think we could be in a position to act on a preliminary site plan.”
Kelly said the next meeting to hear the project is Dec. 15 at 7:30 p.m. in the municipal building. He said he expected to have Leigh’s overview of the project with more details. He emphasized that the board had not made a final decision to grant preliminary approval to the application just because township professionals are working with Leigh’s professionals to make changes in the plan.
“I approved [the request for a hotel variance] and denied the center,” Kelly said. “As we [implement] the phasing [plan, it] will complement [the current design. This gives] Mr. Leigh the opportunity to go forward with a realistic, environmentally friendly commercial plan.”