BY JOYCE BLAY
Staff Writer
JACKSON — It was lawyer vs. lawyer at the Nov. 15 meeting of the Planning Board.
Stuart Leiberman, an attorney representing homeowners who are opposed to an application for Grawtown Estates, a 402-home development, took on attorney Ray Shea, who is representing Orleans Home Builders, the applicant.
The principal of Orleans Home Builders is Jeffrey P. Orleans of Bensalem, Pa.
Shea said he was being interrupted before he could even say hello to the board.
“We have a due process problem,” Leiberman told the board over Shea’s objections.
Despite Leiberman’s attempt to stop the proceedings, the board began hearing the application filed by Orleans Home Builders to construct Grawtown Estates in one of the Pinelands cluster development sites in Jackson. The total site is 304 acres and the application calls for development on 142 acres (all the buildable land).
Although a 2001 ordinance restricts residential development in Jackson to a minimum of 3 to 5 acres per home, the Pinelands Commission has designated areas for cluster development where homes can be built on lots as small as 10,000 square feet (quarter-acre). Grawtown Estates would make use of the cluster option and lots would range in size from 12,500 square feet to 18,600 square feet.
Located south of Route 528 on Grawtown and Bowman roads, the development site is designated RG2, a regional growth area, according to the Pinelands Commission master plan. The cluster development was chosen in order to keep development away from ecologically sensitive areas, according to township planner Rick Ragan.
Mayor Sean Giblin, who sits on the board, acknowledged the Township Committee’s frustration in being unable to convince the Pinelands Commission to adopt the township’s 3-acre zoning in the Pinelands as well.
“The applicant is entitled to build 12,000-square-foot lots … and we have no say over it,” he said. “I’m scared to death of 400 houses and all those children, but the applicant is entitled to a fair hearing. [And] residents are entitled [to express their displeasure].”
That is exactly what they did both individually and through their attorney, Leiberman, who is representing a group of citizens calling itself Jackson Residents for Smart Growth.
According to Leiberman, the residents who hired him had not been notified that
Orleans Home Builders had requested waivers from having to produce a tree save plan, a fiscal impact analysis report and soil boring testing.
The board granted all three waivers to Orleans Home Builders at its June 6 meeting.
Planning Board engineer Ernie Peters recommended granting the tree save waiver at that time since a recent fire had destroyed most of the older trees on the site.
He also advised the board to grant a waiver for soil boring testing, which is done to determine the height of the seasonal ground water table. Peters said the applicant had performed 12 out of the required 46 tests, but in the on-line meeting minutes he said he believed the balance would be performed at a later date.
Peters said the 12 tests had been conducted at a depth of 10 feet instead of the 20 feet required by ordinance, but said he believed that would be adequate.
Because Grawtown Estates is the first residential application for which the township requested a fiscal impact analysis, Shea said there was no prior format he could follow to comply. As a result, Peters also recommended that the board grant a third waiver from having to provide one.
James Casella was the only board member to vote no to granting a waiver for the fiscal impact analysis or the soil boring tests.
Blanche Krubner abstained from voting for the waiver for the fiscal impact analysis.
All of the board members voted in favor of granting a waiver to a tree save plan.
Because the board had granted those waivers, Leiberman told members that the application could not go forward.
“I want you to know you have a reversible issue on the table right now,” he said amid boisterous applause from the audience. “This is a challenge to the Municipal Land Use Law.”
Testimony continued over his objections.
Shea said the application is for 402 homes, five open space lots, two lots for recreation and one for a pump station that would be turned over to the township. He said 188 homes would be built on lots of 18,600 square feet each and 214 smaller homes would be built on individual lots of 12,500 square feet.
Three lakes would be built as storm water management facilities. Curbs and sidewalks would be constructed on both sides of the street. Other features of the development would include three lakes, two tot lots and a decorative gazebo.
In an arrangement worked out with the township, Shea said that a series of nature trails crossing Grawtown Road would be preserved so that residents who have horses would be able to continue to ride them in the area once the development was completed.
When Giblin asked who would provide upkeep of the trails, expert witness Bill Stevens, an engineer and planner, said the township would be responsible.
The audience roared with laughter.
Casella encouraged residents in the room to return for the next hearing of the application on Dec. 6 at 7:30 p.m.
Planning Board Chairman Marvin Krakower told the Tri-Town News on Monday that he supports the passage of an impact fee to help offset the cost of building new schools — a result of increased residential development.
Krakower is also a member of the Jackson Board of Education.
“We’re all residents and we’re all in this together,” he said. “As a community, we have to participate in government, on a state as well as a local level, especially in matters as important as this application, which affects everybody.”
The issue of builder impact fees has been discussed and proposed in the state Legislature several times over the past few years, but no action has been taken that would make such fees the law. At the present time, municipal officials may not assess impact fees on developers.
Shea said there was no prior format he could follow to comply. As a result, Peters also recommended that the board grant a third waiver from having to provide one.
James Casella was the only board member to vote no to granting a waiver for the fiscal impact analysis or the soil boring tests.
Blanche Krubner abstained from voting for the waiver for the fiscal impact analysis.
All of the board members voted in favor of granting a waiver to a tree save plan.
Because the board had granted those waivers, Leiberman told members that the application could not go forward.
“I want you to know you have a reversible issue on the table right now,” he said amid boisterous applause from the audience. “This is a challenge to the Municipal Land Use Law.”
Testimony continued over his objections.
Shea said the application is for 402 homes, five open space lots, two lots for recreation and one for a pump station that would be turned over to the township. He said 188 homes would be built on lots of 18,600 square feet each and 214 smaller homes would be built on individual lots of 12,500 square feet.
Three lakes would be built as storm water management facilities. Curbs and sidewalks would be constructed on both sides of the street. Other features of the development would include three lakes, two tot lots and a decorative gazebo.
In an arrangement worked out with the township, Shea said that a series of nature trails crossing Grawtown Road would be preserved so that residents who have horses would be able to continue to ride them in the area once the development was completed.
When Giblin asked who would provide upkeep of the trails, expert witness Bill Stevens, an engineer and planner, said the township would be responsible.
The audience roared with laughter.
Casella encouraged residents in the room to return for the next hearing of the application on Dec. 6 at 7:30 p.m.
Planning Board Chairman Marvin Krakower told the Tri-Town News on Monday that he supports the passage of an impact fee to help offset the cost of building new schools — a result of increased residential development.
Krakower is also a member of the Jackson Board of Education.
“We’re all residents and we’re all in this together,” he said. “As a community, we have to participate in government, on a state as well as a local level, especially in matters as important as this application, which affects everybody.”
The issue of builder impact fees has been discussed and proposed in the state Legislature several times over the past few years, but no action has been taken that would make such fees the law. At the present time, municipal officials may not assess impact fees on developers.