Developers and their professionals have been misrepresenting to Lakewood's land use boards the broad road improvements contingency that the Planning Board specifically stuck into the Master Plan.
This is an opportune time for the record on this important topic to be set straight!
Back in 2017, the Master Plan's Housing Density Subcommittee held closed door sessions - with absolutely no notice to the public - in which they approved recommendations for numerous properties in the Township to be rezoned for higher density.
Coincidentally, this Subcommittee mainly consisted of Planning Board member Justin Flancbaum and Attorney Adam Pfeffer Esq. who just so coincidentally happens to be the attorney representing developers before the Planning and Zoning boards.
Adam Pfeffer is also the attorney for the Lakewood Municipal Utilities Authority of which Justin Flancbaum is the Executive Director. After Mr. Pfeffer gets development applications approved at the Planning Board (on which Justin Flancbaum sits) the developers go to the MUA for their water approval.
There is also a very close personal connection as when Justin Flancbaum sold his Newport Avenue home to Yeshiva Gedola of South Jersey, Adam Pfeffer was his personal attorney. Justin also has ownership in several corporations which were registered by Adam Pfeffer.
Either way, after the Master Plan Committee - which also included Adam Pfeffer - adopted the Master Plan, including the recommendations for many properties to be rezoned for higher density, the Planning Board (urged mainly by Eli Rennert and Louis Folman) put the breaks on this happy plan by demanding that certain road improvements be undertaken prior to all the zone changes going into effect.
The final wording of this "road improvements contingency" states as follows:
The zoning recommendations of this section related specifically to changes that
would result in an increase in density in the area of the Township located south of Central Avenue, south of Cedarbridge Avenue, west of New Hampshire, north of Route 70, to the
borders of Jackson Township and Toms River Township, and not including the non-contiguous cluster ordinance, are intended to be enacted by the Township Committee only when traffic
improvement fees have been established through the township and all the following road
segments have been sufficiently widened or dualized to minimize congestion to ensure that
Cross Street, US Route 9, Pine Street, James Street, Prospect Street (Ocean County Route No. 628), and Massachusetts Avenue (Ocean County Route No. 637) are improved such that they
operate at a minimum of “C” in terms of the level of service they provide along the entire roadway as determined by the Township Engineer and as defined by the Institute of Traffic Engineers. Such analysis shall evaluate the total traffic buildout including potential basement apartments.
• Cross Street, from the border with Jackson Township to the intersection with River Avenue;
• US Route 9 from North Lake Drive to the Toms River Township boundary;
• Massachusetts Avenue from the intersection at Prospect Street to its intersection with
Cross Street;
• Pine Street from US Route 9 to New Hampshire Boulevard.
• James Street from Cross Street to River Avenue; and,
• Prospect Street from River Avenue to Cross Street.
In addition to the above, the Planning Board recommends that the Township Committee:
• Work with the New Jersey Department of Transportation to provide turning lanes, where
needed, along US Route 9.
The important takeaway is that the Master Plan indicates that no zone changes south of the lake, which will result in an increase in density, shall take effect until all listed road
segments have been sufficiently widened or dualized to minimize congestion. Specifically, the terminology of "sufficiently widened or dualized to minimize congestion" is stipulated to mean that the roads
operate at a minimum of “C” in terms of the level of service they provide along the entire roadway as determined by the Township Engineer and as defined by the Institute of Traffic
Engineers. Such analysis shall evaluate the total traffic buildout including potential basement
apartments. Additionally, traffic improvement fees need to have been established through the township prior to the zone changes going into effect.
Typically, when developers, represented by their professionals, seek use variances from the Zoning Board, in order to seek favor before the Board, they represent to the Board that the Master Plan recommends whatever approval they are seeking (i.e. a zone currently only permits single family homes, and they want a Use Variance to permit duplexes; they represent to the Board that the Master Plan recommends that this parcel be rezoned to permit duplexes).
The issue is that the developers, represented by their professionals, often misrepresent to the Board exactly what the Master Plan's road improvements contingency states. They tell the Board that the Master Plan's contingency only requires that the nearby roads be improved!
As previously reported here on FAA News, the Zoning Board recently reviewed an application which is seeking a Use Variance to permit construction of duplexes on Route 70 where the use is not permitted.
Attorney Miriam Weinstein Esq. represented to the Board that the Master Plan recommends that this area be rezoned to permit duplexes.
Mrs. Weinstein then represented that this zone change will automatically go into effect once "Chestnut Street and New Hampshire Avenue receives a traffic signal and the Vermont Avenue Extension is open to traffic."
As clearly shown above, this representation is inaccurate, for 3 reasons:
1) the Master Plan's road improvements contingency is that the zone change will not go into effect until all listed road segments have been sufficiently widened or dualized to minimize congestion
2) the terminology of "sufficiently widened or dualized to minimize congestion" is stipulated to mean that the roads
operate at a minimum of “C” in terms of the level of service they provide along the entire
roadway as determined by the Township Engineer and as defined by the Institute of Traffic
Engineers. Such analysis shall evaluate the total traffic buildout including potential basement
apartments
3) Additionally, traffic improvement fees need to have been established through the township. It appears that the Township Committee has enacted such fees in certain areas of the municipality, but not completely throughout the Township.
It's high time that we straighten the record!
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1 comment:
It's many decades late but nonetheless it's high time that the township start paving paper streets wherever they are in order to preserve whatever is left of the grid system.
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