JACKSON – Township Planning Board members met and agreed to a judge’s order to reverse its decision from last fall, that denied the Jackson Parke North application.
During an April 20 Planning Board meeting, members agreed to vacate its decision after discussing the matter in executive session.
Residents Want A Voice
Residents feeling that they wanted their voice to be heard during the proceeding demonstrated with a gathering at the township municipal complex parking lot in an act they described as civil resistance.
The residents were parked one vehicle and one driver (because of social distancing) as a reminder to planning board members and their professional staff that they were unhappy with the virtual meeting even taking place.
Resident Kathy Giancola said that citizens who would be impacted by the application site had e-mailed the board’s attorneys and members about their position regarding a reversal of their decision last fall.
“We sent an e-mail campaign to the Planning Board. We can’t attend the meeting and to have a judge call for them to revote on it in the middle of a pandemic with social distancing seems wrong. With social distancing we set out to fill the parking lot. All we can do is show a civil resistance in a healthy way. We have rights,” she said.
Giancola said she and a number of residents who had agreed with the board’s denial of the application noted that the project calls for the raising of ground by 10 feet to build basements and that trucks of dirt would be brought in and would need to be tested.
She noted the recently introduced soil sampling ordinance by the Township Council which she feared was created with the reversal of the project in mind.
“We don’t want to see a village built within the town. Only 100 to 200 out of the 1,000 plus homes to be built will be low cost homes,” she added.
Jackson Parke North Proposal
The project site of Jackson Parke North, in the Cassville section of the township has been a source of contention with residents in that area of town. The developer of the proposed 1,100 residential unit construction project sued the township a few months after the Planning Board’s denial.
The applicant, Jackson Parke, had sought approval for two applications – one of which involved the building of 551 single-family and multi-family homes on a 226-acre tract off Perrineville Road. That application, referred to as Jackson Parke North included 120 affordable housing units. It was subsequently voted down by the Planning Board.
The second application known as Jackson Parke South involves a proposal to construct 549 single-family and multi-family residences on a 129-acre tract off West Veterans Highway. This application includes 100 affordable housing units and was originally scheduled to be heard on March 16 by the board.
Lawsuit Filed After Denial
A lawsuit was filed against the township, Mayor Michael Reina and the Planning Board on Jan. 27, by El At Jackson LLC. It also involved between one and 20 individuals identified as John and Jane Doe(s) who could be elected or appointed officials, consultants or employees of Jackson, or others whose acts violated the plaintiff’s rights, according to the lawsuit.
The lawsuit lists four counts, the first citing the board’s arbitrary, capricious and unreasonable denial of a fully conforming site plan and subdivision application for the Jackson Parke North parcel, and an unwarranted refusal to act within a statutorily mandated time for the Jackson Parke South parcel.
A second count cites a failure to comply with court orders, justifying the appointment of a special hearing officer to hear applications for the north parcel and the south parcel and all associated applications for board approval and relief, and to recommend decisions, by report to the court or special master.
The third count cites deprivation of due process and equal protection of the law, and the temporary taking of property without compensation.
The fourth count cites the violation of conditions of court orders affirming compliance and granting repose and immunity from builder’s remedy litigation.
Jackson Residents Oppose Application
Jackson residents turned up in large numbers at prior application hearings and voiced opposition to the plan expressing environmental concerns as well as issues of endangered species living on or near the Perrineville Road property.
Other issues involved construction on or near wetland property as well as traffic, flooding and drainage problems that would exist with the building of hundreds of new homes.
Judge Orders Reversal Of Denial
Last month, Superior Court Judge Marc Troncone ordered the board to reverse their previous unanimous decision and approve the Jackson Parke north application immediately.
Planning Board Attorney Sean Gertner said that during the April 20 meeting, pursuant to the judge’s order, “the planning board convened a meeting in executive session what is known as Jackson Park North, and to potentially hear Jackson Park South. Jackson Park North emanates out of litigation so the discussion was held in executive session.”
Gertner said that the board went into executive session after the meeting started at 6:30 p.m. and came out of executive session around 9:30 p.m. Members reported the result of that deliberation.
“The board unanimously voted to vacate its denial and grant preliminary approval subject to a number of reasonable conditions based on the previous record and a summary of items based on previous testimony that would include the necessity of utilizing a connector road,” Gertner said.
The resolution must be memorialized on May 18, and the proposed resolution will be available for review by May 14, according to Gertner.
He explained that as the action emanates from litigation and the resolution is an administrative act based on that litigation “there normally is not public participation prior to memorialization.”
“At this point we are not certain that the meeting to adopt that resolution will occur virtually or not. We are hopeful that it does not have to,” the attorney added.
Jackson Park South Application Won’t Be Heard Yet
Gertner said the board prevailed on the judge that the Jackson Parke South application should not go forward on that date. He said the board proved its case that “we should give the circumstances more time to see if we will be able to have a more normal meeting process for that application.”
Some residents have expressed on social media that this reversal comes regardless of its negative effects on those that live near the proposed site. Had the Planning Board decided against vacating their denial the court would have ordered a hearing to be held by May 22.
Judge Troncone would then hear testimony by the applicant of Jackson Parke North to enforce litigants’ rights, which would be the equivalent of bypassing the Planning Board’s decision and would allow the application to move ahead through a court order.
Low Cost Housing
Speaking as an attorney and a citizen and not for the board, Gertner added, “unfortunately the board was faced and continued to be faced with the difficulty of addressing projects that are part of the municipality’s fair share housing plan and from a planning board’s perspective they have to address these affordable housing projects. Given the fact in my opinion, affordable housing is one of the third rails of New Jersey politics and it points to the fact that the legislature and executive branches have both failed the citizens of New Jersey in properly addressing affordability in New Jersey.”
By way of an example, Gertner told The Jackson Times, “the fact that one of the governor’s executive orders ceased construction except for on projects dealing with affordable housing underscores the politics involved. I say that because as a kid I worked on construction projects and I can tell you that when I moved some cement, the cement did not know if it was an affordable housing project or not.”
“If it is truly about public safety, either all projects should cease or none of them,” he said reiterating that this was his opinion and not that on behalf of the board.
Civil Resistance Group Calls For Contacting Judge
Giancola said members of the Civil Resistance group called, e-mailed and faxed Judge Troncone regarding the issue prior to the meeting. She said comments could still be directed to Judge Troncone at 100 Hooper Ave. Courtroom 3 Toms River N.J. 08753 and that the judge can also be reached by phone at 732-504-0700 ext. 64425.
