MANALAPAN – The Manalapan Planning Board has held off on a possible vote to approve the construction of an adult community on Route 33.
Attorney Gerald Sonnenblick, representing K. Hovnanian Shore Acquisitions, concluded his presentation regarding the Four Seasons at Manalapan Brook project during the April 26 meeting of the board.
In describing the planned community of 140 homes, Sonnenblick said, “We think this is going to be a terrific project. It is set back quite a bit from Route 33. It will be a lovely community.”
Sonnenblick said his client agreed to several conditions in order to advance the construction of the age-restricted community off Route 33 westbound, just west of the Knob Hill residential community and golf course.
As part of its application to construct Four Seasons at Manalapan Brook, K. Hovnanian agreed to donate a 14-acre parcel on Route 33 to Manalapan as the site for a future affordable housing project.
Before board members could comment on the application, John Miller, who was serving as the board’s attorney on April 26 in place of the regular board attorney, said one additional condition would have to apply in order for approval to be granted.
Miller read a the condition which stated that no site work can begin at the Four Seasons project until the township closes on the developer’s donation of the 14-acre parcel.
That condition had not been discussed during previous hearings at which the Four Seasons project was before the board.
Upon hearing that condition, Sonnenblick and David Fisher, K. Hovnanian’s vice president of governmental affairs, said they believe the condition should state that no site work at the Four Seasons can begin until the developer conveys the 14-acre parcel to the township.
A subsequent discussion among Sonnenblick, Fisher and Miller focused on the technical differences between K. Hovnanian conveying (i.e., giving through a documented process) the 14-acre property to Manalapan and the township closing on (i.e., legally accepting) the property.
Fisher said if K. Hovnanian had all of the necessary approvals in place to construct the Four Seasons and for some reason municipal officials declined to close on the donation of the 14-acre parcel, the company would be left with an approved project it could not build.
“We are not satisfied with that condition,” Fisher said.
Miller said the condition has to exist as he read it, with the specific reference to Manalapan closing on the donation of the 14-acre property.
Board member John Castronovo asked for clarification between closing on a property and conveying a property.
Miller said the specific reference to closing on the property means township officials would have to follow a process for the closing to occur. He said the process would include the adoption of an ordinance.
“Why is this coming up at the 11th hour?” Castronovo asked, to which Miller said it is because the township has to follow a process and this condition would allow that process to occur.
Sonnenblick said he would contact Township Attorney Roger McLaughlin to determine how the specific condition regarding closing on the 14-acre property came about just at the time the board was expected to vote on the Four Seasons application.
Board members accepted Miller’s advice not to vote on the application that evening.
Another issue left unresolved is the number of homes that must be built at the time by which the development’s clubhouse must be constructed.
Several board members have said they do not want a situation to occur in which dozens of homes are sold and occupied with new residents who are unable to use amenities such as the clubhouse.
K. Hovnanian’s representatives offered a condition in which the clubhouse must be completed before the 52nd certificate of occupancy for a home can be issued by the township, instead of basing the completion of the clubhouse on the number of building permits that have been issued.
Board member Rick Hogan said he would like to see the clubhouse completed with fewer homes having been built, to which Fisher said that could pose a hardship for the developer.
The application was carried to the board’s May 10 meeting.
