EAST BRUNSWICK–The Township Council approved a resolution authorizing the approval and execution of a developer’s agreement with HD Summerhill LLC.
HD Summerhill will construct four three-story residential buildings; a clubhouse with a gathering room, a possible coffee bar and an exercise facility; a playground; a CVS pharmacy; a Chase Bank; and parking, lighting and landscaping improvements at 377 Summerhill Road, East Brunswick, near the Spotswood border, according to attorney David Himelman, who represents the applicant.
Despite expressed disapproval by numerous residents, on April 24, the Planning Board with a 6-3 vote, approved HD Summerhill LLC’s development plan giving the developer preliminary and final site plan approval.
“For these types of projects, a developer’s agreement is very common where there are off-tract improvements and other costs to be borne by the developer per the approval of the planning board which needs to be set forth in a separate written agreement,” Himelman said.
The council approved the resolution to execute a developer’s agreement between the township and HD Summerhill LLC on Nov. 18 during the council meeting at the municipal building.
Township Attorney Michael Baker said that anytime there is a significant development in a town, it’s the policy in almost every town to require the developer that’s already been approved by the Planning Board to have an agreement.
“The purpose of that is while the [board] approves the site plan…the board doesn’t have much of an enforcement mechanism,” Baker said. “So what towns do is they enter into a developer’s agreement with the builder of the site to require such things as ‘you will post your escrows when you are suppose to, you will complete the project in the three years you said you would.'”
Baker said that if the developers do not abide by the agreement then, they forfeit their guarantee as there are and the township can do improvements. If there is a lawsuit caused by something that these developers do they’re agreeing to indemnify the township and all of our expenses including attorney fees.
“If the default on their obligations in their agreement with regard to the project and we sue them and we are successful they have to pay our attorneys’ fees,” Baker said. “There are all the benefits the town would not have unless we require the developer to enter into an agreement like this.”
HD Summerhill managing member Nicholas Minoia said the property is 10.34 acres and contains an approximately 40,000-square-foot office building, which he said is functionally obsolete.
Himelman said that the initial demolition of the building that resides on the property has commenced and the building is now demolished, per a demolition permit issued by the township.
“Construction cannot commence until the final approved plans are signed by the officials of the township and performance bonds are posted by the applicant,” Himelman said. “Resolution compliance to finalize the site plan per the resolution of approval is still pending. It is likely construction will commence in December of this year.”
HD Summerhill LLC plans to have the last residential building completed by February of 2021, according to the developer’s agreement.
For more information, visit www.eastbrunswick.org/content/885/101/default.aspx.
Contract Vashti Harris at vharris@newspapermediagroup.com.
