Little Silver Mulling Removal of Age Restriction for Proposed Condo Complex

have caused the Little Silver Planning Board to carefully consider the impact of allowing a previously approved but undeveloped 39-unit condominium complex to remove its age restriction, pushing back their vote on the matter for a special meeting to be held on Sept. 13.

Carriage Park, which is proposed for construction on a 4-acre tract of a 14.5-acre property at the corner of Eastview and Oceanport avenues near the train station, would provide 8 affordable housing units to contribute to the borough's Council on Affordable Housing (COAH) obligations. Opponents have cited concerns over the size of the project, traffic, the safety of children living close to the busy train station, and COAH legislation itself.

However, according to town planner Richard Coppola, who testified at a planning board hearing on Aug. 9, developer Javin, L.P. has met the three requirements set by New Jersey's conversion law to garner planning board approval.

Coppola said S-2577, enacted by Gov. Jon Corzine in July 2009, requires the developer to have received preliminary or final approval for construction from the planning board, which it did in October 2007 when a 59-unit age-restricted community was set to be constructed on the same property.

The developer also can't be holding a deposit or have sold any of the units, which Javin hasn't, as the development has not been constructed yet, and 20 percent of the units must satisfy COAH regulations, which the proposed development will by offering 8 units of affordable housing.

"If the approving board determines that the requirements have been satisfied and the conversion can be granted and a conversion can be granted without substantial detriment to the public good, and will not substantially impair the zoning ordinance, the application for the conversion shall be approved," said Coppola.

Coppola noted he was not endorsing the legislation, which he referred to as "a troublesome law," but said the town had to act in accordance with it.

"Even though COAH may disappear, that's what's in the operative statute," said Coppola. "What the statute has done is taken the rug out from under the planning board."

Coppola's sentiments were echoed by several members of the planning board, as well as former Little Silver councilman and current state assemblyman Declan O'Scanlon, who was not present at the meeting, but sent a letter dated July 25 in which he said he believed that the board could reject the proposal if they could prove the project a detriment to the community.

Board Attorney Michael Leckstein and Coppola expressed some fear about rejecting the proposal and triggering a builder's remedy lawsuit, which would strip the town of all rights to the property and allow the developer to proceed with a development at a higher density than would otherwise be permitted.

Javin has reduced the number of units planned for the development from 59 to 39, and project Attorney John Giunco said they have made changes to their plan in order to get the board's approval and begin construction.

Conversion law stipulates the developer must provide documentation that they have amended their plan to address the different parking, recreation and sewer needs of a development without an age restriction. To that end, engineer Tim Holmes, of Najerian Associates, testified on behalf of Javin, presenting the revised project's plans, which added a "tot lot," or fenced play area for children.

Though conversion law does not require an educational impact study, licensed planner Christine Cofone testified on behalf of Javin, presenting an analysis which found the development would likely produce 10 students, 7 of which would go into the elementary school district, and 3 to the regional high school. She determined that revenues generated from the project's residents paying local taxes would have a positive financial impact of $26,282 for the borough.

By Giunco's estimation, the 31 market rate units will sell for $450,000 to $475,000. A third party establishes what the market value is for the affordable units based on the prospective buyer's income level.

More information is available on the New Jersey Department of Community Affairs website, which offers a COAH fact sheet.