Council delays action on property rezoning
Apartments would count toward affordable housing obligation
BY REBECCA MORTON Staff Writer

MARLBORO - An ordinance that would, if adopted, amend the township code to rezone certain lots to the Multi- Family District IV (MFD-IV) as a result of a settlement between Marlboro and Ohad Associates LLC was the hot topic at the Township Council's Dec. 6 meeting.

I

n the end, no action was taken on the

ordinance.

Many residents spoke out against the rezoning of property which will allow the construction of Northpointe to proceed. Northpointe is a multifamily residential housing development that would be built off Lloyd Road near Marlboro's border with Aberdeen Township.

Township Attorney Andrew Bayer provided the public with background information about the property. He said that in 1990 Ohad received preliminary site plan approval from the Planning Board. The 1990 approval allowed for 299 apartments to be constructed on the site, but the development was never built.

In 2003 an amended site plan was requested by Ohad, increasing the number of apartments to 382 units, 85 of which would be considered affordable housing units, according to previously published articles. Affordable housing units are rented or sold to people whose income meets regional guidelines set by the state Council on Affordable Housing (COAH).

When that application was denied in 2004, Ohad filed a complaint in state Superior Court seeking to have the court overturn the Planning Board's decision. Ohad also filed a formal objection with COAH to the town's affordable housing plan, which led to Ohad and Marlboro representatives entering mediation and good faith negotiations, according to the ordinance.

The settlement that was negotiated provided that 299 apartments to be built at Northpointe would be market rate units (priced at whatever the market will bear), 71 apartments would be affordable rental units (restricted to qualified COAH individuals), and there would be 14 units provided in a Regional Contribution Agreement (RCA), Bayer said.

An RCA permits a municipality that is required to provide affordable housing to transfer a portion of its obligation to another community which either builds affordable housing within its borders or rehabilitates substandard housing.

Bayer said Marlboro will receive 156 affordable housing credits for Northpointe (double credit for the 71 on-site rental units, 142, plus the 14 RCA units). Initially, he said, Marlboro would have only received 85 affordable housing credits for the development.

The council had previously approved the settlement agreement with Ohad, Bayer said, noting that the ordinance up for approval that evening was to provide the zoning needed. The attorney said the applicant would still have to gain approval from the Planning Board and from outside agencies such as the state Department of Transportation before any work could commence on the site.

During the public hearing many residents spoke about the negative impacts they said the apartment complex would have on the area. The possible addition of hundreds of children to the Marlboro school district was also mentioned.

Jennifer Bajar said she did not think Marlboro could afford a new school. She said it would be hard to find land for a new building. She said some parents might choose to place their children in private school in order to avoid having them in overcrowded public school classrooms.

Michael Messinger said former Mayor Matthew Scannapieco once noted that Marlboro had a low crime rate because there were no rental units in town. Messinger said he was concerned that Northpointe would be built near the Marlboro Memorial Middle School which is around the corner on Nolan Road.

Other residents expressed concern about how their property taxes would rise if a new school is needed as a result of the Northpointe development, while others worried about the motor vehicle traffic the development would bring to town.

Patricia Korbiak pointed out that Marlboro's population has doubled since the Northpointe project came to light in 1990.

"This will have a seriously high impact," Korbiak said.

Zoning Board of Adjustment Chairman Michael Fishman asked if it would be prudent to wait on voting for the rezoning until revised COAH regulations were released.

Bayer said it would not be prudent to do so.

Council members acknowledged there are issues Northpointe will bring, but said their hands are tied on this matter.

Councilman Steve Rosenthal said Marlboro is stuck between a rock and a hard place. He said allowing these homes to satisfy COAH will affect the town, while putting off the approval could result in a lawsuit and lead to a builder's remedy which could bring even more homes than what is now being planned on the Northpointe property.

Understanding everyone's objections, but also understanding the corner the council has been backed into, resident Paul Schlaflin said he believed the council should adopt the ordinance that evening to avoid a potential lawsuit. He noted that adopting the rezoning would give Marlboro time since COAH must approve the plans for the development as well.

Bayer had said earlier in the evening, "this (development) will not be done tomorrow."

Many suggestions and frustrations were expressed about the Northpointe development and COAH in general.

One resident put forth the suggestion of satisfying COAH while also introducing ratables to the township by using the former Marlboro psychiatric hospital property on Route 520 to build a structure similar to Pier Village in Long Branch. Pier Village offers shops and restaurants on the ground level, with apartments above. This suggestion was met with mixed feelings from those present.

T

he state owns the hospital property

and Marlboro officials have been working toward the purchase of the 400-acre parcel since 1998.

Residents asked why more COAH units could not be transferred to other municipalities under an RCA.

Bayer said there is a limit on the number of affordable units that can be transferred out of town with an RCA. He said Marlboro is nearing that limit.

Council President Jeff Cantor said the state Legislature is considering a bill that would eliminate RCAs from the affordable housing process. The council unanimously passed a resolution later that evening opposing that legislation.

At the end of the public hearing Councilman Joseph Pernice said that if the Northpointe rezoning was put to a vote that evening he would abstain. He said he believes the people who will sit on the council in January should make the decisions on this matter.

Two new council members will join the governing body next month. Three current council members will remain on the governing body.

Mayor-elect Jonathan Hornik took the opportunity to address Northpointe and the COAH issue.

"I like many of you am extremely frustrated," Hornik said, explaining that he was uncertain as to whether the settlement reached between Ohad and Marlboro was the best option or the worst option for the community.

Hornik later told a reporter that he did not know if he would have been able to come up with a better agreement, securing the township more units to meet its COAH obligation.

"This (affordable housing) will be the biggest obstacle of my administration," he said, adding that his administration will seek to address the issue in a creative manner.

Hornik said the affordable housing situation Marlboro is facing is not a problem that was caused by the officials who presently sit up on the dais.

At the end of the discussion the council members voted to table the rezoning ordinance until a future meeting.