West Windsor officials skeptical of Intercap condo plans

By Kristine Snodgrass, Staff Writer
   Plans by Intercap Holdings to bow out of the redevelopment of the train station area and build a considerable amount of housing on its property has been met with skepticism from township officials.
   Intercap Holdings announced plans last week to request its 25-acre property on Washington Road be rezoned for 1,440 condominiums and 88,000 square feet of office space and retail space. The move, made the day after a new redevelopment plan was presented at a Township Council meeting, was attributed by the company’s owner to lack of progress on redevelopment plans.
   ”It is clear that under Charlie Morgan’s leadership the intent is simply to ‘process redevelopment to its death,’ “ a letter sent to the Planning Board stated. Mr. Morgan is West Windsor Township Council president.
   But before ground can be broken, the company faces the considerable obstacle of rezoning the land.
   Township attorney Michael Herbert said the land is currently not zoned for residential property, so a variance would be needed to build the condominiums.
   And he anticipates the redevelopment plan standing in the way.
   ”From what I understand, the redevelopment plan … would probably not allow for the magnitude of the residences that Intercap is seeking,” he said.
   The redevelopment plan is “about to be concluded by the end of the year,” he said.
   Mr. Herbert emphasized that Intercap Holdings Chairman Steve Goldin was given generous opportunity to contribute to the redevelopment plan, saying “his views have not been ignored and will not be ignored.”
   Planning Board Chairman Marvin Gardner said changing the property’s zoning would be a “marked departure from existing zoning.”
   The density of housing on Intercap’s 25-acre property would be 59 residential units per acre, he said, which he characterized as “exceedingly high.”
   ”It’s clear it would be very significant and different from what we’re accustomed to in West Windsor,” he said.
   If council approves the redevelopment plan, Mr. Gardner said, zoning ordinances enacted to implement it would be “completely different” from the zoning Intercap is seeking.
   It is “highly unlikely” that the Planning Board could grant a rezoning before the end of the year, he said, and it could take “significantly longer,” he said.
   Mr. Gardner called the language of the letter sent to the Planning Board “extraordinary” in its references to lawsuits related to affordable housing. It was written by Intercap’s attorney, who is the same attorney who successfully won an affordable housing lawsuit against the township in a 1993 suit involving the current Toll Brothers Estates at Princeton Junction development.
   ”Our property has long been recognized by the Township, dating back to the Township’s own testimony in the Toll Brothers litigation, as being well-suited for high density residential development,” the letter stated.
   The language of the letter implied that the township was not fulfilling its affordable housing requirement, Mr. Gardner said, with which he “completely disagreed.”
   Earlier this month, a draft of the township’s fair-share plan was presented to council that showed the township meeting its affordable housing obligation.
   ”Generally if one really wants the township to rezone something, they generally do not use what I call belligerent or bellicose language, or necessarily need to be confrontational,” Mr. Gardner said.
   However, the Planning Board will ignore the contentious language of the letter, Mr. Gardner said, and treat the request as any other. The township’s attorney will respond to Intercap’s request, he said, and indicate the procedure that the township follows when such a request is made.
   ”We feel an obligation to act upon every applicant’s request, and to act upon it as expeditiously as possible, and we certainly intend to do that in this case,” Mr. Gardner said.
   Before the township’s zoning can be changed, the application would be reviewed by the planning and zoning office and township consultants, and meetings would be held between the township and Intercap’s professionals, he said. The Planning Board would review what was given to them and a public hearing would be held, he said. The Planning Board could then decide it does not want to proceed, tell Intercap to modify the plan, or move forward with the Master Plan amendment and drafting an ordinance, he said.
   The deadline of passing the redevelopment plan by the end of the year is “achievable,” Mr. Morgan said.
   ”We seem to be making adequate progress to meet an end of the year deadline,” Mr. Morgan said.
   The council held a work session Tuesday morning to hammer out possible changes to its draft redevelopment plan, based on public comments at the meeting last week that presented the plan.
   Five hours of work left the task unfinished, Mr. Morgan said. Another work session is scheduled for 8:30 a.m. today, Friday.
   ”We moved forward with some ideas but it’s very much a work in progress,” Mr. Morgan said, adding that no decisions were made.
   Councilwoman Linda Geevers, who was also at the work session, also said the meeting was productive.
   ”We made tremendous progress,” she said. “I think it was one of the most substantive discussions we’ve had on redevelopment to date.
   Progress is also dependent on NJ Transit, Mr. Morgan said. The township is waiting to hear from the agency about the parking garage and circulation issues.
   After this is received, the council will give the suggestions to township professionals and RMJM Hillier, which drafted the most recent redevelopment plan.The township will continue to work with the community, and the public will have a chance to see the new draft of the plan, Mr. Morgan said.