NOTICE -

ABSECON PLANNING BOARD MEETING,

Tuesday, April 24, 2012, 7 PM, A Resolution supporting the City's Commitment to Fully Comply with its affordable housing obligations will be considered for adoption.

The Planning Board on April 10, 2012, decided to table any action on the 2011 Reexamination of the Master Plan. City Council review of the Reexamination is ongoing.

A proposal was submitted to the Planning Board for Professional Planning services to prepare an Affordable Housing Ordinance to address Absecon's obligation to provide for a realistic oportunity for affordable housing within the Land Development Ordinance. See Letter to Planning Board dated 3/13/2012 2012 03 13 let re planning proposal

The orginal 2011 Reexamination is available for review CLICK HERE  

THE ORIGINAL 2011 REEXAMINATION RECOMMENDATION HIGHLIGHTS

REDUCTION IN PERMITTED DENSITY FOR MARKET UNITS AND AGE-RESTRICTED UNITS THROUGH-OUT MULTI-UNIT DISTRICTS

REDUCTION OF NUMBER OF BEDROOMS PER DWELLING UNIT IN MULTI-UNIT DISTRICTS

DEFINE THE TERM “BEDROOM”

ALLOW NEIGHBORHOOD COMMERICAL USE IN MULTI-UNIT DEVELOPMENT FOR THE CONVENIENCE OF THE COMMUNITY

REDUCTION OF AFFORDABLE HOUSING FROM 25% TO 10% IN ACCORDANCE WITH NEW NJDCA REGULATIONS NOW BEING DEVELOPED

EVENLY DISPERSE MIXED HOUSING THROUGH-OUT MULTI-UNIT ZONES

CONTINUE TO ENCOURAGE DEVELOPMENT OF PEDESTRIAN OREINTED DEVELOPMENT WITHIN TRAIN STATION AREA

FOR REPONSE TO PUBLIC COMMENT PROVIDED AT THE PUBLIC MEETING ON 1/10/12   CLICK HERE

LATEST ON ABSECON GARDENS 3/19/2012

Court Upholds Planning Board approval of Absecon Gardens

The following is a brief summary. See attached Court Order for details.

The Court found that:

the Planning Board properly exercised jurisdiction over the application.

The Plaintiff’s argument that the use of the Harper tract required a use variance is without merit.

the City Council has exclusive jurisdiction over the approval of the height requirement.

The Planning Board’s decision that conversion can be granted without substantial determent to the public good cannot be considered arbitrary, capricious or unreasonable

as it is based upon significant testimony and exhibits presented by the applicant’s professionals, the Planning Board professionals, the objector’s professionals, and concerned citizens.

The memorializing resolution on June 14, 2011 clearly sets forth the Planning Board’s findings which are based upon testimony and evidence presented and therefore not arbitrary, capricious or unreasonable.

The Planning Board’s determination that the project met the parking requirements was not arbitrary, capricious or unreasonable.

The Planning Board’s determination that total square footage was reduced was not arbitrary, capricious or unreasonable.

The rooms claimed to be additional bedrooms are not bedrooms and will not be marketed as bedrooms with restrictions enforceable by the Condo Association and the City of Absecon.

The Court found that the additional Townhouses are a reasonable revision pursuant to the conversion law.

The Planning Board’s determination was not arbitrary, capricious or unreasonable.

The addition of 4/10 of an acre is a reasonable site plan revision.

Mr. Gorohoff’s so-called bias was found to be unsubstantiated and speculative.

His statements do not create a conflict of interest.

The Court document states: The Planning Board heard testimony from Absecon School Superintendent and the Police Chief, as well as members of the community opposed to the conversion.

The Planning Board found that the concerns of the community members opposed to the conversion were not supported by the testimony of local officials and experts.

ABSECON GARDEN REVIEW MEMOS - CLICK HERE to review various memos and other information related to this development.

Other suggested reading regarding Absecon Gardens includes:

The Decision & Resolution No. 2-2011, dated 6/14/11.

The Planning Board Minutes for each of the three hearings on 3/22/11, 4/26/11 and 5/10/11.

In addition to the above it is suggested that you read:

"Summary Study Report"  Visions at the Shore, Absecon City, prepared by Otteau Valuation Group, dated August 30, 2011 provided to City Council in Sept. 2011. This is a study on the marketablity of age-restricted housing.

All of the above documents are available at City Hall for review or you can purchase copies for the reproduction costs as permitted by State Law. You can make a request pursuant to the Open Public Records Act P.L.2001, Chapter 404 N.J.S. 47:1A-1 et seq. (OPRA) which requires a response within 7 business days.

Please note that as of 11/09/2010 the City can not charge for electronic transmissions of the requested documents. If you request copies of the documents to be emailed to you they are free.

TRAILER PARK REVIEW MEMO - Review of Approval Process, 236 East Absecon Boulevard Mobile Home Park - As directed by the Planning Board, I have reviewed the approvals granted by the Absecon City Zoning Board of Adjustment. CLICK HERE to read the review memo.

Regarding the Governor’s executive order to abolish the “Council On Affordable Housing (COAH)”. This does not abolish the affordable housing obligation …it actually is a transfer of the responsibility of affordable housing in NJ from the “Council On Affordable Housing” to the “Commissioner of the Dept. of Community Affairs”. It states, in part, that “All of the powers, functions, and duties exercised by the Council….are continued, transferred to, and vested in the Commissioner of the Department…… “ CLICK HERE for more information.

It does not eliminate the obligation of each community to provide for a realistic opportunity in their land development ordinance for affordable housing nor the possibility of a builder’s remedy lawsuit.