Technical question stalls housing plan
Project density at issue in plan for 2,351 homes on 610-acre Jackson property
BY DAVE BENJAMIN
Staff Writer

The question of whether an application for a 2,531-home development known as Jackson Mews will be heard by the Jackson Planning Board or the Zoning Board of Adjustment may be answered on Sept. 17.

Following a lengthy discussion at the Planning Board's Aug. 6 meeting that focused on the number of units to be built on each acre, the board voted 9-0 to carry the application to Sept. 17, when it will be determined if the project should come before the Planning Board or the Zoning Board.

Planning Board engineer Douglas Klee said the application proposes single-family and multifamily units on a 610-acre tract, and among the issues to be addressed are wetlands, road improvements on West Commo-dore Boulevard and the density of the project.

Planning Board planner Alan B. Dittenhofer said he reviewed the density issue, which he called a "very critical part" of the application. He said net density requirements were never provided by the applicant.

"The concern I have is that the environmental impact statement indicates there are 348 acres of undisturbed property within the development," Dittenhofer said. "According to the ordinance, the definition of the residential density net is the number of dwelling units which may or may not be developed per acre of land, exclusive of various uses for public access streets, easements and/or open space. I don't think that's clearly defined for each section [of the Jackson Mews application] and we did ask for that."

Dittenhofer said his recommendation to the board is that a written density report for each section be provided so that it can be determined if the application meets the net density requirements of the municipal ordinance.

"If it doesn't [meet the requirements], then this board may not have jurisdiction over this application," he said.

Attorney Dennis Kelly, representing the applicant, Leigh Realty, of Brick Township, said he does not believe the application requires variances that would necessitate zoning board approval. He said testimony will support that position.

Project engineer David G. Eareckson said, "The requirement for open space is 30 percent. This is a 610.5-acre project and a 30 percent requirement for open space would be 183.15 acres. This leaves 427.35 acres. If you divide 427 by the 2,531 units proposed, that results in 5.92 units per acre. The allowable density in the Planned Mixed Use Residential Development zone is six units per acre. We meet the net density requirements."

Dittenhofer disagreed with Eareckson's assertion.

"You have to take out the streets, the roads and the easements in addition to the open space," Dittenhofer said. "I don't have the calculation for the streets. I don't have the calculation for the roads. Also, the township ordinance requires any wetlands or buffers ... to be included in the calculation. So to say that it's 5.9 (units per acre), I disagree."

Dittenhofer said he believes the open space requirement has to be calculated by each section of Jackson Mews. He said some sections of the project will have affordable housing units and some sections will have market rate units.

Kelly said an explanation would be submitted on that issue and asked to be permitted to continue, but board Chairman Kenneth Bressi said he was not certain the application was before the correct board. Bressi said it would not be a good idea for the board to move forward on an application on which it did not have jurisdiction.

Kelly once again asked to be permitted to continue.

The board's attorney, Greg McGuckin, asked if the applicant's open space calculation included public streets.

Eareckson said the 183 acres that are required did not include the streets because they cannot be part of the open space. Eareckson also noted that the project design has in excess of 183 acres of open space.

"Technically that will fall under an easement of some sort," he said. "It really depends [upon] how the board interprets that requirement."

After a short recess, Eareckson said the open space was never a design issue because of the way the units were clustered.

"When you look at the 610 acres, there are only two public right of ways that exist on the property, a portion of West Fish Road and Germa Road, a total of 1.5 acres," he said. "Take that 1.5 acres out of the 427.35 acres and it leaves 425.97 acres of open space. That results in a net density of 5.94 units per acre, which is still under the required six units per acre in the ordinance."

That calculation still raised an issue with Dittenhofer.

Board Vice Chairman Todd Porter said he did not care for the way all of the numbers were being tossed at him.

"You [think] you can spew numbers at us," Porter said. "I don't think so."

Board member Robert Hudak said, "You were given ample time" to come up with the information. "You chose not to. I'm not going to sit here and listen to them come up with their explanation [of ] the numbers. I want our professionals to get the numbers, to review them and recalculate and make sure we have jurisdiction in this matter. We may not have jurisdiction in this matter."