Howell council asks DEP
to review Fountains site
By kathy baratta
Staff Writer
HOWELL — The Township Council has passed two resolutions affecting The Fountains, a residential development application currently before the Planning Board.
Applicant MGD Holdings How, LLC, of Westfield, has applied for permission to build an approximate 300-unit apartment complex between Route 9 and Maxim-Southard Road.
The property has been designated Site 7 under regulations established by the state Council On Affordable Housing (COAH). It has not been determined how many of the apartments at The Fountains would be set aside for rental to people whose income meets regional guidelines established by COAH.
Following a presentation on Oct. 7 by Sharon Carpenter-Migliaccio and her husband Jay Migliaccio, two residents spearheading local opposition to The Fountains project, the council went into executive (private) session before coming out with the two resolutions.
The husband and wife team who organized Residents Against Irresponsible Development (RAID) read a prepared statement in which they criticized the council’s actions to-date with regard to Howell’s COAH obligations overall and especially its decisions regarding Site 7 and its importance as a watershed area for the Metedeconk River.
"Sometimes people forget there are two watersheds in this town," Migliaccio said, referring to the Metedeconk being a source of drinking water for Brick Township. "If The Fountains is built it will affect everybody. Why is the administration not protecting the Metedeconk?"
The first resolution passed by the governing body was a request to COAH that could result in the removal of about 32 acres from the back portion of the 58-acre parcel targeted by the developer of The Fountains.
The resolution asks COAH administrators to take a look at the entire site according to the most recent state Department of Environmental Protection (DEP) standards and to remove any acreage from the building proposal that is deemed environmentally sensitive.
The resolution was two-fold, "and this is very important," Mayor Timothy J. Konopka said.
Konopka said Howell is also asking COAH to allow the township to remove the affordable housing component from The Fountains project. The mayor said Howell’s affordable housing obligation could then be satisfied through regional contribution agreements (RCA) which would allow Howell to pay other municipalities to repair substandard housing or build new housing that would be set aside for people whose incomes meet COAH guidelines. In that way, the units would not be built in Howell.
"It could mean bonding in excess of $1 million, but the feeling of the council is that it is a cost savings due to the long-term infrastructure costs if The Fountains were to be built as proposed," the mayor said.
Konopka mentioned Belmar and Asbury Park as towns with which Howell could enter into the regional contribution agreements.
The second resolution asks the DEP to re-evaluate the entire Site 7.
Joe DiBella, a Republican candidate for council in the November election, joined zoning board member Fred Portilla in asking why the council members went into executive session to discuss COAH options.
DiBella said he "questioned the legitimacy of the governing body going into executive session to discuss this issue."
Township Attorney Richard Schibell said because there is litigation ongoing regarding other COAH matters that involved discussion of The Fountains, the matter had to be discussed privately.
Matters of litigation are one item council members may discuss privately. Other items that may be discussed away from the public are contract negotiations and the purchase of property.
"Anything said in public can be evidential down the road," Schibell said.
Regarding DiBella’s comments, both Konopka and Deputy Mayor Kimberly Alvarez, who is running for re-election against DiBella, had basically the same comment. Both said that as a former councilman, DiBella understood the need for the executive session discussion.
"Mr. DiBella should know better than that. As a former Sayreville councilman he knows that potential litigation issues should only be discussed in executive session," Konopka said.
Regarding the presentation made by Sharon Carpenter-Migliaccio and Jay Migliaccio, Alvarez said, "I have tremendous respect for them, for their research and dedication to this matter. Now we have to see where the DEP comes out on this."