Jackson officials OK Hovbilt plan for 965 homes
Cassville section will see construction of new units
BY DAVE BENJAMIN
Staff Writer

With a vote of 6-3, the Jackson Planning Board has approved a 965-unit age-restricted condominium development known as Jackson Valley. The final meeting and vote on the application submitted by Hovbilt was held Monday.

Board members Robert Hudak, Joseph Riccardi, Eileen Tobasco, William Cook, Township Council President Angelo Stallone and Planning Board Chairman Kenneth Bressi voted in favor of the application.

Board members Todd Porter, George McKay and Blanche Krubner voted not to approve the application.

Attorney Donald Daines, who represented Hovbilt at 12 hearings held over several months, said, "Voting to approve this application [has allowed the township to] comply with all of the local, county and state regulations as well as the affordable housing component that the township must fulfill by [court mandate]."

A Hovbilt representative previously explained that all of the homes in Jackson Valley will be sold at market rates. Hovbilt will pay about $3.4 million to transfer 97 units of Jackson's affordable housing obligation to another municipality as part of a Regional Contribution Agreement (RCA).

Jackson Valley will be built on property which is just north of Cassville and north of the Pinelands District in a Planned Retirement Community zone. The surrounding roads include Perrineville Road, Cassville Road (Route 571) and West Veterans Highway. Prospertown Road has access into the Colliers Mills wildlife preserve and to the north of the parcel is Interstate 195.

Prior to the board's discussion, Daines summarized the history of the application which dates back to 1973 when the Zoning Board of Adjustment approved a special use variance for the property allowing 2,500 homes.

In 1983 the state Supreme Court's Mount Laurel II decision determined that municipal officials were using their zoning powers to deny equal protection and due process for families of low and moderate income. The Supreme Court mandated that each municipality had to create its fair share of affordable housing units and through the years the state Council on Affordable Housing (COAH) obligations had its effect on the number of affordable housing units that were required to be constructed.

Under COAH regulations, a municipality may transfer a portion of its affordable housing obligation to another community that wants to rehabilitate substandard housing or build new affordable housing.

In 1999 Hovbilt worked with municipal officials to include an affordable housing component and Jackson revised the number down to approximately 950 total units with the possibility of a golf course. The number of units required by COAH would be 10 percent of the total number of units with a payment of $20,000 per unit plus an evaluation of the golf course.

In 2000 the court determined that the settlement was to adopt a zoning ordinance that permitted the Hovbilt development. Several hearings were held and Hovbilt representatives were told to return when a solution was reached that would satisfy the municipality, county and state.

In 2005 the builder returned and submitted several new applications: a revised General Development Plan, a preliminary and final site plan; and a preliminary and final subdivision. The golf course for Jackson Valley was eliminated in the last round of applications.

"Hovbilt is here doing exactly what [Jackson's] governing body wanted done," Daines told the board members.

Daines summarized the testimony of the nine professionals who testified on Hovbilt's behalf and said, said, "We have met every obligation head on, we have made an effort to answer every question. We have met with [St. Vladimir's church]. We have complied with the rules and regulations of the zoning, COAH, and the court order. We have given you every reason to approve. This is what the township zoned this property to be developed for."

During the board's discussion, Bressi said questions had been raised regarding the availability of water in the area. Bressi said he received a letter [Feb. 22] from the Jackson Township Municipal Utilities Authority stating that there is enough water to service Jackson Valley.

"I thought the public had excellent questions," Bressi said. "The applicant's professionals had excellent testimony."

Planning Board engineer Douglas Klee discussed the three major impacts on the area - traffic, drainage and the environment - which are regulated by the state Department of Environmental Protection.

"I'm satisfied that the environmental issues are satisfied," Klee said. "[Hovbilt] has gone the extra mile to address the traffic impact. The drainage design is a poster child for what the DEP is looking for."

Klee said the maintenance of the system is important and should be built into the homeowners association documents.

Arthur P. Havighorst II, vice president and principal attorney for Hovbilt, said there would be testing prior to, during and after construction of the streams at the beginning and end of the property, which is different from ground water monitoring.

Porter questioned the size of the property's frontage and asked it a variance was needed.

Daines said the property complied when the court hearing was held.

"At that time the township did represent to the court that the property did comply," said Daines. "It does comply."

Klee agreed that the property frontage complies with municipal regulations.

Questions by Porter also focused on Prospertown Road and what would happen at two crossings. The Hovbilt representatives said the road would be paved, but there would not be overhead bridges.

Krubner questioned whether condemnation (eminent domain) would be used to acquire any property during the construction of the project. She also had environmental concerns which included having an environmentalist on duty every day during construction; habitats lived in by protected species; and donating land to Colliers Mills.

"The connector road is one of my biggest objections," Krubner said, referring to a proposed thoroughfare that would be built to connect Route 571 and Perrineville Road. "There is no auxiliary exit. I thought there would be an environmental impact statement for the connector road."

Bressi said he was also concerned with Route 571, but said the county may have plans to widen that road.

Klee said the county could take land from property owners if a decision is made to widen Route 571 in the future.

Stallone asked how the water drainage system would be maintained. Daines said it would be maintained by the homeowners association.

Stallone also asked about the impact on St. Vladimir's church. He was told the design improvements would be approved by the church and the board.

A motion to approve the Jackson Valley project with all stipulations was finally called.

The stipulations included raising Hovbilt's payment for each RCA unit from $20,000 to $35,000; an agreement with St. Vladimir's regarding construction; four monitoring wells; no pesticides in rear yards; a maintenance manual for storm water facilities; and other items.

The board then voted to approve the application.

"I thank all the residents who came out," Bressi said. "This was a good application. It's good for the town. It's good for the tax base. There weren't many questions from the board because there was [so much testimony]. This is the best of a bad situation."

McKay said he voted no on the Hovbilt application because he does not believe in eminent domain.

"I don't believe in taking people's property," he said.

Krubner said the applicant was admirable, but in the end she voted no because of the proposed connector road.

The Hovbilt representatives did not say when construction on Jackson Valley will begin.