Court's expert explains affordable housing rules
Planning Board continues review of Windsor Crescent
BY DAVE BENJAMIN Staff Writer

DAVE BENJAMIN Court master Philip Caton discusses New Jersey's affordable housing rules during a meeting of the Jackson Planning Board.

JACKSON — An expert on New Jersey's affordable housing regulations presented information about the issue to the Planning Board and members of the public during the Aug. 18 meeting of the panel.

The presentation by Philip Caton came as the board is considering an application for Windsor Crescent, a development to be built on Solar Avenue, off County Line Road, which will help Jackson meet its state-mandated obligation to provide affordable housing for people with low and moderate incomes.

Windsor Crescent is proposed to have 112 units. The units will be rentals and will not be age-restricted.

Affordable housing as defined by New Jersey is housing that is sold or rented at below market rates to individuals whose income meets guidelines established by the state.

Caton is a court master who focuses on affordable housing issues and works with municipalities to help them meet their obligation to provide such housing.

Board Chairman Kenneth Bressi noted that Caton does not work for Jackson, or for the applicant, Community Investment Strategies, or for Jackson's affordable housing attorney. He works for the state Superior Court.

Caton said he is appointed by the court to help administer New Jersey's affordable housing regulations. He said the court master helps the court, the municipality and the developer to understand what the affordable housing obligation is and what the alternatives are.

"Since 1983, when the state Supreme Court created this role, I have had about 50 different cases in 50 different towns in New Jersey," Caton said.

The Council on Affordable Housing (COAH) establishes rules and regulations that govern how and where affordable housing is constructed in the state.

During a question-and-answer period, resident Mary Beth Beichert asked if one type of housing is considered before another.

Caton said that under COAH rules, every municipality has to have a certain percentage of new construction in what is referred to as its Fair Share Plan.

"That has to be done through rental housing," he said. "In Jackson's case, in the first two rounds [Jackson is now in the third round] the fair share number is 1,323 [required units] and the rental component for new construction is 262 affordable rental units."

Caton said the balance of the units may be sold.

"When a township proposes an [affordable housing] plan, each of the sites has to conform to certain [criteria]," Caton explained. "It has to be approvable, developable and suitable. Suitability is relevant here. In the 50 cases I have had, I don't know of any case where a site was unsuitable."

Beichert said residents understand there has to be affordable housing.

"But at no time was the surrounding community asked to be involved in this process," she said. "The way it was done really needs to be investigated. I don't know who we take that to, but a lot of the dealings were done in executive [closed] session. The public was not notified, and it was more or less that people were presented with this and it was already too late. That's how a lot of the residents feel. They feel it was done in a shady way."

Beichert said it will be difficult to welcome people who are being forced upon the community.

"According to COAH, this type of housing is supposed to be integrated" within a development, Beichert said. "This [Windsor Crescent] is not going to be an integrated location. It's going to be segregated [with only affordable housing units at the site], and I think that needs to be looked at."

Caton said that is a legitimate concern. He said it is important to point out that affordable units can be included in a development with market-price units and he said there are also projects that only include affordable units.

"They are both viable to accomplish the municipal fair share," he said. "It's become fairly routine for towns to meet the rental component of their obligation through developments like this one."

He said officials in many towns also look to have rental units because they can receive a bonus credit toward their second round COAH obligation.

Resident Joe Rizzo asked, "If COAH is there to allow low-income families and teachers or whatever to find a place to live … [and eventually lifting] themselves up to move on to the next level, is that conceivable in a segregated community that is literally in the middle of almost a donut? How are they going to be integrated into a community?"

Caton said his preference is a development that includes market-price units and affordable housing units, but he said both types [inclusive developments and affordable developments only] are permitted by COAH and by the courts.

James Brownell said he believes that Jackson is on a fast track with the development.

"We've continually sold our responsibility for the units that the township is supposed to provide for affordable housing," he said. "My concern is that the township is trying to push this through because Dec. 31 is when we're supposed to have the proper number of units or the township will lose its two-for-one credit."

"That's not quite right," Caton told the resident. "That's for COAH's second round. On Dec. 31 all the towns under COAH jurisdiction must have their thirdround plans in, and third-round rental units will be different from the first two rounds."

Brownell asked Caton if COAH will get involved with concerns that have been expressed about emergency vehicle access in

the proposed Windsor Crescent development.

Caton said that the zoning for a particular property sets the benchmark and the members of a planning board determine that in their decision. He said the municipality has an obligation to see that the standards are adequate.

Caton fielded other comments from the audience, including who would bear the cost for school children coming from Windsor Crescent; can the rental units be moved to other areas; can emergency vehicles navigate the roads in the proposed development; and the potential problems with crime and safety.

"Nothing has been looked into," resident Kimberly Lum said. "I don't understand why this is being shoved down everybody's throat. There can be changes. It can be moved and it can be modified."

Lum said it should be done in a way that can work for everyone.

"If it was really a great project, why would it be so secretive?" she asked.

Architect Tom Barton III, representing the applicant, reviewed the construction of the units and noted that 30 percent of the units (34 apartments) will have three bedrooms and 70 percent of the units (78 apartments) will have two bedrooms. The apartments will range in size from 960 to 1,310 square feet. All of the units will be handicapped accessible.

"Each unit has a front door on the street," Barton said.

The Windsor Crescent plan also includes a 1,750-square-foot clubhouse.

Community Investment Strategies, of Bordentown, which was contracted by the township to develop the project, will manage it upon completion, according to previous testimony.

Traffic engineer Frank Miskovich, testifying for the applicant, described the circulation of traffic and provided traffic estimates. He said there will be enough room for sanitation trucks to operate safely at the location.

Bressi wanted to know if there are any alternatives if the main road into the development is blocked.

Miskovich said that would have to be worked out with the neighbors.

The Windsor Crescent application is expected to continue at the Planning Board's meeting on Sept. 8 at 7:30 p.m.