MANALAPAN — A developer’s request for the use variance he needed in order to advance a plan to construct an adult community on Route 33 fell one vote short of approval.
On Oct. 15, Terry Sherman appeared before the Manalapan Zoning Board of Adjustment to pitch his plan for Kaiser Manor, a 165-home age-restricted community on an 82-acre parcel.
Because Sherman was proposing to construct an adult community in a Special Economic Development (SED-20) zone on Route 33 in which residential uses are not permitted, he needed to obtain a use variance from the zoning board.
The property he sought to develop as Kaiser Manor is on Route 33 east, across from the entrance to the Four Seasons adult community at Route 33 west and Pegasus Drive.
A professional planner retained by Sherman testified that allowing Kaiser Manor to be built — in effect bringing additional residents to the area — would convince other developers to propose the type of commercial enterprises Manalapan officials want to bring to Route 33.
Professional planner Creigh Rahenkamp, representing the developer, testified that an adult community would have less impact on the property than some types of commercial development that are permitted under the SED-20 zoning that is in place.
“The fate of this tract does not change the usefulness of the SED-20 zone on Route 33. Granting a use variance here does not limit the community’s ability to attract (commercial uses) within the available SED-20 zones on Route 33,” he said.
Rahenkamp said that even with the development of Kaiser Manor, multiple tracts on the state highway would remain available for commercial development.
Rahenkamp testified that a 2003 re-examination of Manalapan’s master plan states that residential development on Route 33 will drive commercial development on the highway.
“We are not impairing the intent of the zone,” he said. “The need for over-55 housing is apparent, growing and dramatic in Monmouth County. The Route 33 corridor has proven to be a successful corridor for this type of housing.”
Zoning board Chairman Butch Budai asked why retail commercial uses have not located on Route 33.
Sherman said, “you need residential before commercial comes in.” He said the Route 33 corridor is competing with the Route 9 corridor and the Freehold Raceway Mall in Freehold Township for commercial ratables. Sherman said he has spoken with commercial developers and “they want the Route 9 corridor.”
Board members debated whether granting a use variance for Kaiser Manor would constitute a de facto rezoning of property on Route 33 — in effect changing an SED-20 zone to a residential zone.
Only the Township Committee has the authority to rezone property, but the board’s attorney, Steven Gleeson, said the board has the authority to grant a use variance or deviation from the zoning.
“The town’s governing body re-examined this area three years ago and did not put residential uses in. This is all about de facto rezoning. Are you taking on the job of the Township Committee? Are you usurping their power?” Gleeson said.
During comments by the board members, board member Barry Fisher said, “This (adult community) would be a positive (move) to develop commercial uses on neighboring sites. Commercial uses are not flocking to Route 33 now. I like a mix of commercial and residential uses.”
Board member Eve Strauss said, “This (82-acre) site is particularly suited to this (adult community) use. There is no detriment to the public good.”
Board member Terry Rosenthal said, “I think this residential use will spur commercial (development). This property is only 12 percent of the (entire) SED-20 zoning.”
Board member Mary Anne Byan agreed with Fisher, Strauss and Rosenthal.
Budai said, “You are looking to change what the Township Committee set in place (with SED-20 zoning). Other nearby residential uses have not created commercial development.”
Board member Larry Cooper agreed with Budai and said, “I see commercial on Route 33 as a positive, not more housing.”
Board member Stephen Leviton agreed with Budai and Cooper.
Following the discussion, Fisher made a motion to grant Sherman a use variance for Kaiser Manor. Five yes votes were needed to grant the use variance.
Fisher, Rosenthal, Byan and Strauss voted yes on the motion. Budai, Leviton and Cooper voted no and the motion failed, sending the application to defeat.
Sherman thanked the board for its time and said, “I think you made a mistake.”