WEST WINDSOR: Council OKs InterCap resolution

By Allison Musante, Staff Writer
   WEST WINDSOR – The Township Council approved two ordinances and a resolution in a litigation settlement with transit village developer InterCap Holdings, despite lingering concerns over affordable housing provisions and an absent fiscal impact statement.
   The two ordinances were introduced in January to codify the agreed-upon land use standards of InterCap’s 25-acre property off Washington Road. The resolution, presented that night by township attorney Michael Herbert, stated the council’s acknowledgment and responses to the eight recommendations of the Planning Board, which was charged with reviewing the ordinances.
   All three items were approved by a 3-2 vote. Council Vice President Diane Ciccone and councilwoman Linda Geevers voted against them. Ms. Ciccone said she wished the ordinances “were stronger and more in favor of the residents.”
   After hearing a handful of concerns from the public and numerous others at previous meetings, President Kamal Khanna said their specific issues would be addressed and changes may be made during the site plan approval phase at the Planning Board – InterCap’s next step.
   The public’s main concern was the lack of an updated fiscal impact statement from InterCap, which would detail costs and the tax impact. In its report, the Planning Board stated that the first goal of the redevelopment plan is that development should be tax positive or tax neutral. Though the board recommended the council require the fiscal report before approving the ordinances, the council decided that a report given at the time of site plan approval would be sufficient.
   ”I don’t see how you think you’re protecting West Windsor residents if you don’t insist on a fiscal impact statement before this is approved,” said resident Bob Aikens.
   The issue of affordable housing will ultimately be decided during a fairness hearing in the Superior Court on April 5. Mr. Herbert said if the judge rules that 5 percent is insufficient, InterCap would either walk away from the deal or come up with a higher percentage.