Frustrated by what he sees as West Windsor Township Council’s inaction on redevelopment, InterCap Holdings CEO Steve Goldin is dropping his plans to make his 25-acre tract a component of a larger redevelopment plan and instead proposing a multi-use development on his property adjacent to the train station — requesting rezoning for 1,”440 condominiums and 88,”000 square feet of office and retail space.
Goldin, in a press release on October 22, says he was prompted by “an endless series of meetings and meetings” intended by West Windsor Council President Charles Morgan to “process redevelopment to death” as the reason for submitting to the Planning Board a request to rezone InterCap’s property on Washington Road for a mixed-use transit-oriented village that includes office buildings, more than 2,”500 parking spaces, a clubhouse, a village green, and restaurant space, but no amenities for West Windsor residents.
“This decision is a painful one for me personally, and it is one that has been reached only after it became evident that the leadership to support redevelopment does not exist,” Goldin wrote in the letter (see page 2).
“Unfortunately for West Windsor residents, because this project will occur outside of the redevelopment process, it will not provide funding for the public improvements that redevelopment would have paid for, including $50 million for traffic improvements, a 1,”000-car parking deck at current prices for West Windsor residents, and a new, vibrant Main Street,” he wrote.
Concept plans show 22,”000 square feet of retail and restaurant uses, 66,”000 square feet of office space, and a 7,”000 square foot clubhouse. Of the 1,”440 units proposed, 288 would be affordable units. The residential units would average 1,”100 square feet.
Fifty-eight units, or 4 percent of the total number, would be one bedroom, and they would be all affordable; 58 units, or 4 percent, would be three bedroom and all affordable, and the remaining 1,”324 would be two-bedroom units. Of those, 172 would be affordable. The density on the property is 59.16 units per acre.
The plans also show 513 surface spaces and 2,”025 structured spaces, for a total of 2,”538 spaces — 2,”160 spaces of which would be provided for the residential uses, 147 spaces of which would be for the retail and restaurant uses, and 231 of which would be for the office uses.
The plan itself shows residential blocks similar to what was proposed in his redevelopment plans. The plans for the center of the development include outdoor dining, a vehicular roundabout with a fountain, and an entry monument.
Along with his plans, Goldin also forwarded to the News a letter sent to Planning Board Attorney Gerald Muller from Carl Bisgaier, an attorney from the law firm Flaster and Greenberg, of Cherry Hill. The firm represents Washington Road LLC — the legal entity in which InterCap holds title of the property.
The letter informs Muller that IC/L-AWashington Road LLC is requesting the township consider the rezoning of the Washington Property for a mixed-use, transit-oriented development “consisting, in part, of a reasonable percentage of much-needed affordable housing pursuant to the Mount Laurel Doctrine.”
The letter goes into the background of state policy and the state Council on Affordable Housing regulations that say municipalities must provide affordable housing to low and moderate-income households. “This is particularly true in the context of lands, such as the Washington Property, that are directly associated with existing mass transit facilities and jobs.”
“The development of such lands at high densities for multi-family housing and mixed-use developments also is now explicitly recognized as drive by state public policy,” the letter states.
The letter also cites language in the Supreme Court decision regarding Mount Laurel, which states that municipalities, when zoning areas, must consider the need for affordable housing that might be generated as a result of environmental constraints for building those units in other areas of the state, like the Highlands. “While the township is not located within the Highlands Region, the effect of such legislation will ripple well beyond the confines of that region,” the letter argues. “In fact, it will be the areas outside the Highlands, like the township and other areas suited for development that will be obligated to address the housing needs of New Jersey’s future and present residents.”
The letter also states that Washington officials are willing to meet with township officials to “negotiate, if possible, an amicable agreement.”
Goldin would not comment for this story, including about whether or not he is considering a lawsuit if the board does not rezone his property.
However, during the Planning Board’s October 22 meeting to discuss the township’s fair share plan, Chairman Marvin Gardner opened the meeting by mentioning the letter, hinting at the possibility litigation could happen.
“This is not unusual in this respect. Applicants or developers on occasion to come to the township and make requests for rezoning based upon a change on what their thinking is in terms of developing their properties,” Gardner said. “However, I must add that it is extraordinary in one respect. The letter spends more than two pages dealing with Mount Laurel decisions, citing legal reasoning and court cases — suggesting that perhaps the bonus credits we received from COAH needs to be challenged, even though we’re in full compliance with COAH regulations.”
“It’s unfortunate that we have to receive this letter the way it was written,” Gardner added. “Some of us may consider this an implied threat to the township for possible litigation,” although in the last paragraph, the letter suggests the possibility for negotiation, Gardner said. Gardner suggested the board’s ordinance review committee take a look at the matter during its October 23 meeting, with the administration and Board Attorney Gerald Muller present.
Before he made his decision to apply for the rezoning of his property and before discussions on the draft redevelopment plan took place, Goldin challenged the number of units proposed in the first phase, saying that if at least 400 market-rate units are not developed in Phase 1 of redevelopment, his firm will not develop its property, causing what he said would be a loss to the township of $38 million of bonding capacity.
Goldin also mentioned that Governor Corzine recently announced jumpstarting the state’s economy by funding construction projects that have been held back on — and Vaughn Drive fits the bill. “We have a very good opportunity to get funding now for Vaughn Drive,” Goldin said. “It’s a phenomenal window of opportunity here.”
“Between all the meetings that we conducted and that Hillier conducted, this plan absolutely reflects more public input than any plan I’ve seen,” Goldin added.
Morgan, however, said that Goldin was “being a little premature to assume we’re doing anything inconsistent with what he wants.” He also said that any zoning change that may apply to his property not only has to go before the board, but the council also must approve it.
