Wednesday, January 30, 2013

Four Ponds Appeal Will Reach Superior Court Judge February. 8

For those interested, the Independent is reporting today that the appeal of Four Ponds Developer's Avaya housing project, which was opposed by the Lincroft Village Green Association and the citizens group SONIC and subsequently and unamiously turned down last year by Middletown's Planning Board, will be heard in Superior Court next month on February 8th.

According to the Independent:

"The township Planning Board’s denial of the Four Ponds Center Associates’ application to build 342 units at the former Avaya site in Lincroft last year is still being contested by the developer.

In 2011, Four Ponds proposed building 64 low- or moderate-income housing units at the 68-acre site, alongside 278 market-rate units.

As part of an appeal initiated by the developer after plans were unanimously rejected last June, Four Ponds will have a conference with state Superior Court Judge Paul Kapalko on Feb. 8, according to Planning Board Attorney James Gorman.

Kapalko has signed an order allowing two objectors, represented by attorney Ron Gasiorowski, to intervene in that suit, Gorman said.

The Four Ponds application, which was decided over nine Planning Board hearings spanning nearly a year, concluded with hours of testimony delivered by expert witnesses retained by Gasiorowski on behalf of local opposition.

In its official verdict, published last August, the board cited that testimony as the primary factor behind its denial.

The site on the former Avaya property where Four Ponds proposed building is part of Middletown’s affordable housing plan, which would allow 375 units on the site, including up to 75 affordable units....  "

I'm sure that the ruling by the Superior Court in this case, will have a major impact on the Heritage at Middletown development that would bring 245 multi-family units to the track of land surrounding area of Taylor Lane. Two weeks ago, area residents packed the court house to attend the January 16th meeting of the Planning Board to voice their complaints about this planned development, which is also being reported on in this weeks edition of  the Independent.

I expect that the Superior Court judge that hears the Four Ponds case will ultimately rule in their favor  which will pave the way for the housing development continue as originally planned.

1 comment:

Anonymous said...

Don't be surprised when the developer wins this appeal. After all the attorney for the developer is a former republican mayor of Middletown. The TC/Planning/Zoning board did not approve the developers plan because it came up shortly before the election. So they kick another can down the road and the twp. atty. gets to make more money. If they kick this can a little harder maybe it will land in Shadow Lake.