Developer tests law before Howell board

HOWELL — Representatives of an approved development of 171 age-restricted homes appeared before the Planning Board in the hope of converting their proposed development to one in which there will not be any age restrictions.

Boulder Ridge at Howell submitted a concept plan detailing the proposed transition to the board on Oct. 1 for review. The developer is the first approved applicant to take advantage of a recently enacted state law that allows for such a conversion.

"As fate would have it, we have new legislation by the state that permits (this type of housing) conversion," said attorney Gerald Sonnenblick, representing the applicant. "And in my opinion, we meet the requirements set out in this legislation that permits us to convert to a non-agerestricted development."

The new state law allows the developer of an unbuilt, unsold age-restricted development to return to the municipality that approved the application and to ask the planning board to lift the age restrictions.

One of the primary requirements for an age-restricted development to be converted to a non-age-restricted development is that the developer of the age-restricted development cannot be holding any deposits for, or has not transferred any units within, a particular development.

The law also stipulates that builders be required to set aside 20 percent of the development for affordable housing.

Boulder Ridge, which is an objector to Howell's Council on Affordable Housing

COAH) plan, was approved in 2008 to build 171 age-restricted homes on a 72-acre parcel on Route 33, about 1,350 feet west of Route 33's intersection with Route 34.

The applicant also planned to build a 7000-square-foot clubhouse with amenities that included a pool, tennis courts, a horseshoe and bocce area, a putting green and parking for 41 vehicles.

Neighbors of the residential project include Naval Weapons Station Earle and the Angle Inn mobile home park.

With the enactment of the new state law, Boulder Ridge has proposed a number of changes to its development.

"Changes in the real estate market (an overabundance of age-restricted housing) have been recognized by the state in the passing of the bill this summer," said planner Paul Phillips. "We don't believe an age restricted project is in our best interest or that such a project is in the best interest of Howell, so we're here to present the better alternative."

According to the concept plan Phillips outlined, the conversion of the development from an age-restricted project to a non-agerestricted project would increase the number of residences built from 171 to 288. Of that total, 48 units would be classified as affordable housing.

Affordable housing as defined by the state is housing that is sold or rented at below market rates to people whose income meets regional guidelines established by COAH.

In addition to building 48 affordable housing units, the developer would also contribute to Howell's COAH requirement by dedicating 10 acres of developable land to the municipality as a prospective affordable housing site.

"Many projects ultimately face complexities and 10 acres certainly would provide a location with land being put up free and clear as affordable housing," Phillips said. "We could potentially assist the township if there is any shortfall in its COAH obligation."

In addition to those changes, the developer also has revamped the project's entrance layout and set aside 10 to 12 acres for three athletic fields and additional parking. This recreation area would be dedicated to Howell and would be open to public use.

"This land could be used for a different recreational use, but that's for the municipality to decide," Phillips said. "Regardless, there is a clear need for active recreation in the community."

Phillips said other benefits of the conversion from an age-restricted to a non-agerestricted plan are that the changes are more visually appealing than the approved site plan, the development would bring sewer infrastructure to the area and there is no negative impact to the surrounding areas.

"The proposed new housing will not have an overwhelming affect on the area. There is vacant, undevelopable land and a good deal of land which is part of the naval weapons station," he said.

Mixed feelings were expressed from members of the Planning Board, who were not obligated to take any action that night.

"The applicant has obviously done his homework and knows that seniors (adult housing) are not a marketable product," said board member William Obara. "But these are some big changes."

Planning Board Chairman Christopher Estevez noted that the concept plan in its current incarnation does not fulfill the state law requirement to set aside 20 percent of the development for affordable housing.

Phillips said although the tentative plan only accounts for 17 percent affordable housing, that number could be changed at the discretion of the board.

Township Councilman Curtis Vislocky, who sits on the board, expressed his discontent with the new state law that allows an age-restricted development to be converted into a non-age-restricted project.

"I am frustrated that the state allows this to continue. Residents need to write to their legislators in Trenton," Vislocky said. "I feel like I have a gun to my head."

While no action was taken at the Oct. 1 hearing, representatives of Boulder Ridge have requested that the Planning Board review the concept plan to determine if the body would recommend that the Township Council draft an ordinance allowing a conversion to a non-age-restricted development.

Contact Lauren Ciraulo at howell@gmnews.com.