Residents of the Estates of Borden’s Crossing, a private community of about 87 homes on Crescent Drive, are looking for answers to why their development and its roads can’t
by David Kilby, Special Writer
BORDENTOWN TOWNSHIP — Residents of the Estates of Borden’s Crossing, a private community of about 87 homes on Crescent Drive, are looking for answers to why their development and its roads can’t be completed, while officials say the township’s hands are tied because the original plans for the community dictates the township isn’t responsible for the community.
The Estates at Borden’s Crossing Homeowners’ Association came before the Township Committee at its meeting Dec. 10 to express its concern.
John Delli, president of the association, said there are “a lot of aesthetics” that need to be finished, and about four houses have not been completed, although they are sold.
The development roads have been there for six years, but the developers went bankrupt and handed the reins over to Amboy Bank, the committee and members of the association said. Nonetheless, which entity is responsible for completing the “punchlist” for the community plan is still unclear, they said.
”When we approve a project we make the developer take out performance bonds,” Mayor Jim Cann explained. “Our last resort is to go after those bonds.”
”Anything you can do to help us would be very appreciated,” said Joy Irazarry of Eclipse Drive.
”We’re trying to get this resolved,” the mayor replied.
Rajiv Hazerey, of Crescent Drive, said he heard the performance bonds have a certain dollar denomination.
”What happens if the dollar denomination is not adequate?” he asked.
William Kearns, township attorney, said the bonds are 120 percent of the estimated cost of the project, so there’s a bit of a cushion in case the costs are more than anticipated.
David Morrell, also of Crescent Drive, asked if there’s any way to have the township pay to complete and maintain the roads in the private community.
”If the roads were up to township code, could the township take responsibility?” he asked, adding that the association would be willing to make a deal with the township since no one in the association now was in Borden’s Crossing at the time the decision was made to make it a private community.
Police Chief Frank Nucera explained that if there is documented damage to the roads, Public Works would take care of it.
He also said if the community filled out a 5A1 form and it is approved, the township would be able to enforce laws on the community’s roads. “You might be on notice,” Mr. Morrell replied.
Keith Owes, of Carson Drive, said when he and his family moved to Borden’s Crossing a few years ago, they heard great things about Bordentown.
”Then we heard different rumblings,” he said. “I’m still not sure, outside our homeowners association, who has our best interests at heart.”
Residents of the private community said it is unclear who the developer of the community really is. Mr. Owes said there are unfinished sections of the roads and he doesn’t know who is responsible for them.
”Anytime someone goes bankrupt and the bank takes over, it changes the dynamics,” Mayor Cann explained. “We tried to get them to resolve this issue, but we couldn’t do it.”
He said taking action against the performance bonds is the township’s last resort and a step the Township Committee does not want to take.
”It will get done,” he affirmed. “It’s the when that concerns me the most.”
For the performance bonds to take effect, the association has to compose a letter specifying a deficiency that the performance bond addresses.
Mr. Delli said there have been bonds released to the developer, but the mayor said if so that’s news to him.
The association has hired its own engineering firm, Morris, to assess the situation and work with the township to find a solution. Members of the association also wanted to know if there’s anything they can do to have the township take over the private community.
”If we take over one, we take over all of them,” the mayor said while listing a litany of other private communities in the town.
Committeeman Karl Feltes said there was an instance once where the township took over a private community.
”In retrospect it became a burden on the whole town,” he said.
If the township took over private communities their roads would have to meet township standards, and it would have to pay to maintain the roads, members of the committee explained.
”We’d like to be in a financial situation where we can take over all of the roads, because then we can bring them up to our standards,” Mayor Cann said.
”Some here have mentioned that taxes are going up,” Deputy Mayor Jill Popko noted. “We have to take that into consideration.”
Robin Price, vice president of the association, said no one seems to be helping their community so they’ve decided to take matters into their own hands.