patching...
Welcome back, Patch Blogger!
Local Voices

Proposed New Housing Developments: Where Do They Start and When Will It End?

Over the past two years I have received many emails, returned many phone calls and met with many residents who share deep concerns about proposed housing developments.  The majority of the time residents will ask what actions we as a governing body can take and what actions they as residents can take. I am writing this article to help everyone understand the process and the situation we are in as governing officials and taxpayers.  It is my hope that this information will serve as an informative guide to the following:  Why does this keep happening?  What can Township offiicals do?  What can  I as a concerned resident do? 

First, let's tackle the why.  Before I jump into that I want to address a concern I see here on Patch comments and through calls and letters that I personally receive.  The Township does not pursue housing developments for tax revenue or any other purpose whatsoever.  The Township will pursue businesses (example Sloan Kettering), and other lease agreements (Trinity Hall is a perfect example) to help generate revenue.  The township does not look to develop land for residential purposes to offset taxes.  That would be a very foolish idea as infrastructure costs to schools, police and roads for example would well outweigh any economic benefit received.  Under the NJ State land use law, any property owner has the right to develop their property so long as it's in conformance with zoning and other land use regulations.  If the property is not in full conformance they have the right to a hearing before the planning board to seek major (or minor) site plan approval and any variances and waivers that they may request.  It is the Planning Board who shall determine the outcome of the request.  While that may sound simple enough, it's not always so simple.  I'll dive into that further below.

In 2009 former Governor Corzine and his administration changed the rules that Townships must comply with under the Council on Affordable Housing (COAH).  Under these new rules enforced by the Governor and his legislature at the time, Middletown was forced to develop a plan for hundreds of additional housing units located throughout the township.  Failure to comply with this order would result in developer lawsuits that would automatically allow developments to proceed without any Planning Board and Township oversight with respect to size, scope or location.  The Township has been protesting this and taking legal action ever since.  In fact, the governing body has allocated many resources towards fighting these mandates before the State Supreme Court. A hearing is ongoing on the subject as we speak. This is the "why" part.  The law change in 2009 is the catalyst behind these developments. 

So what can the Township and the governing body do?  Under the land use law, the governing body cannot comment or prejudice any pending application before the Planning or Zoning Board.  Therefore asking the Mayor or Township Committee to stand up against a specific proposed development is something we can't do no matter how much we may want to.  What we can do is continue our fight against the rules of COAH.  I have stated many times in the past in the press and public comment that I personally oppose any and all developments forced upon our municipality under the guise of COAH.  The Township governing body will continue to push our fight that Middletown has a wealth of market rate affordable housing and does not need to have these additional state mandates placed upon us. While I am pleased that our argument is being heard before the State Supreme Court, I am not very optimistic that those who forced these rules will act to overturn them.

What can you do?  You can attend meetings of the Planning Board and comment in the public portion to voice your concerns over the proposed development.  You can pressure lawmakers in the Assembly and Senate to hold hearings for Governor Christie's judicial appointments to the State Supreme Court.  Without a change in the judges who have in my view gone well beyond their scope to advocate for these arcane rules of COAH, nothing will ever change.  The Governor has tried on many occasions to appoint new justices as he has the power to do and has been constantly rebuffed by Steve Sweeney and Sheila Oliver who represent the leadership of the Democratic state Senate and Assembly.  These two leaders can also pass legislation to stop these rules.  However, their blatent refusal is a clear indication that they favor over-development and care more about developers than surburban taxpayers. 

I realize that these applications bring out a wide variety of emotions and concerns.  I certainly share your frustration every time this comes up as I stated before. I hope this serves as a guide to why we are here and how it can change.  More importantly, I hope it serves as a guide as to what residents can do to make their voice heard. 

Tony Fiore is the mayor of Middletown Township, NJ

bd

10:58 am on Saturday, December 8, 2012

Thanks Tony for laying all this out, The problem is your article is riddled with facts, which can only cause cranial explosions from the dims...........................

Reply
Comment_arrow

Ricky W Kracker a.k.a. Diggy Swagga

8:31 pm on Sunday, December 9, 2012

"Dims".

I get it. Democrats = Dims. Because... the two words sound sorta the same, and because Democrats, being Democrats, must not be very bright. And, being bleeding-heart fools, they want more low-income development in pristine, wealth-stuffed Middletown township.

Except... the people behind the new developments are wealthy. And they want to make Middletown more crowded, stressful, etc, because they don't care about a damn thing except their stock portfolios and that second summer home.

The ancillary COAH development is a side-effect of the primary driver: greed.

So, would those developers actually be Democrats? What are the odds.... let's see...

Gary Junstrom

10:11 pm on Saturday, December 8, 2012

Very well said mayor. It always amazes me when I talk with friends and neighbors just how little they know about what is going on in this state. Unfortunately, we have a state run by liberal Democrats who are owned and run by the unions. As a result, you get programs like COAH that forces towns like Middletown to build these absurd developments, under the threat of a lawsuit that will mean an even worse fate. I would like to commend the Middletown town council for having been at the forefront of fighting this crap over the years. Now if we can only get the rest of the state to throw out these liberal Democrats, maybe we would have a chance to return to some sanity. Mayor, if you read this, could you provide the people of Middletown the number to call the appropriate legislators? I want to do everything I can to help my town fight back against this liberal lunacy.

Reply

RIFFAXE

9:32 am on Sunday, December 9, 2012

Whats amazing to me is how voters continue to vote for Democrats with the idea that they will continue to benefit from the goodies they think they offer, then when an issue like this comes up that they clearly voted for by keeping Democrats in charge, then they want someone to shut them down. This is a Mob Rules mentality when these people want to always have their way. While I agree with the mayors statement in general, but anyone that was paying attention for the past 30 years or so, the Township made things difficult for business.

Reply

RIFFAXE

9:32 am on Sunday, December 9, 2012

Several years ago when the economy was expanding the Township shot down many business projects at a time when business was trying to move into town. For Example; Not allowing "Big Box" stores. This was a business killer that cost us many tax revenues. Business turned away and instead housing projects were built. Don' forget the Middletown Center project. And these are just examples that were in the public eye. I think that that era of anti-business sentiment was the turning point when developers saw an opportunity to build housing. Lets face up to the fact that this is going to continue on the few pieces of real estate left along RT 35.

Reply

Gary Junstrom

12:13 pm on Sunday, December 9, 2012

Riffaxe - you make some good points, but keep in mind, projects like a Home Depot or the Town Center Mall bring their own set of problems just like the low income housing. I attended a number of hearings over the years on these projects and the town council just reflected the will of the majority of Middletown residents which is - no box stores or malls and no low-income housing. The big difference with the latter is - liberal Democrat judges that force towns into COAH developments. And let's not forget what drives property taxes up - the unions who have the Democrat Party in their hip pocket. Ever notice how every state run by the unions, New Jersey, California, Michigan and New York also have the highest taxes?

Reply
Comment_arrow

Steve

8:31 pm on Sunday, December 9, 2012

Gary, Michigan does not have the highest taxes in the nation; by most measures they're ranked smack in the middle. So I don't think it's fair to blame unions for high taxes. If you want to make a vague correlation between unions and high taxes that's fine, but then it bears mentioning those same states also tend to be the highest income states and rank tops in education.

Personally it's not the 50 affordable housing units in this project that worry me most, but the other 200 units. Not sure why anyone would want something of this magnitude.

RIFFAXE

7:44 am on Monday, December 10, 2012

The only reason why Michigan has any higher income and average taxes at this point is because of the generosity of the taxpayers of the United States. If you recall we sent them hundreds of billions of dollars! Plus we allow GM to use the discount window of the Federal Reserve. That's why Michigan's statistics are even on the map. If Michigan
were not in a depression they would have taxes just as high as NJ and California mainly because of real estate values. That is where the real revenue for the states comes from. As far as unions go it has gotten to the point where they are in collusion with the government. The idea that I cannot do business in certain sectors of the economy because my business is not unionized, is not only unfair but is Un-American and is what leads to collusion with the government. This is all a little off subject just wanted to respond to Steve to give a full perspective of our current situation.
As far as the building project go's, what is the current zoning? The project should stay within that scope so that there is no impact on the community. The government is always tinkering with these issues by making new laws, and that is why there is always confusion in these situations. It should be simple. Is it zoned for housing or is it commercial?

Reply

Jack Spratt

11:34 am on Monday, December 10, 2012

Can the Mayor explain how someone living in subsidized housing next to Whole Foods can afford a Lexus SUV?

Reply

Gary Junstrom

6:16 pm on Monday, December 10, 2012

Steve, I noticed you ignored Cal., NY and NJ, and I forgot to mention Connecticut and Wisconsin - other union controlled, high tax states. Unions are killing this country and if they aren't defeated soon, the country will go bankrupt.

Reply

RIFFAXE

7:46 am on Tuesday, December 11, 2012

We are already bankrupt! we just keep printing dollars to hide that fact.If we didn't bail out the unions in 2008 and 2009 maybe we would have gained some ground. Unfortunately the Republicans blew some opportunities. To many of them are more concerned about what the media thinks about them and they end up cutting bad deals over and over again. And the media still sticks it to them in the end. This behavior is turning off many supporters and are not showing up at the ballot box. At some point at the state level we will paying out so much in various union benefits that the money will not be available unless the Federal Government prints some money. If we finally get to that point then maybe voters will have had enough.

Reply

Steve

7:46 am on Tuesday, December 11, 2012

Gary, I didn't leave those out at all. I mentioned Michigan because you were saying something that wasn't true. When I said that if you want to make a correlelation between unions and taxes that you can't cherry pick data and also need to look at te fact that those states are tops in income and education I was referring to states like NY, NJ, and CT.

However I wouldn't have bothered with any of those statements if you put that last post first.

Reply

Gary Junstrom

10:38 am on Tuesday, December 11, 2012

How can you say that there is no correlation between unions and high taxes? In this crazy state, where we have union leaders like Steve Sweeney actually in government, every policy is designed to benefit the unions and stomp the taxpayers on the head. Prevailing wage, binding arbitration, forced unionization - it's ridiculous. Do you know why the Democrats are so enamored with COAH? Aside from their social engineering and the hopes of getting more Democrat voters into Republican towns, the sleazeball Democrats see COAH as a way to keep union workers busy so they can pay their dues and pay for more Democrat campaigns. You're worried about densities? Well thank the liberal judges who, as the mayor said, force towns into these huge developments to come up with the housing quotas the state puts on them. Ever vote for a Democrat? Well you are reaping what you have sown.

Reply

Steve

5:36 pm on Tuesday, December 11, 2012

Gary, I did not say there is no correlation between unions and high taxes. I used your example of Michigan to point out there is not a total connection between unionized states and high tax states. There are hundreds of reasons for high taxes.

If you prefer you could spend time in Mississippi. Median pay is $30,000 less a year then here and their education system is one of the worst in the country but hey, no unions and low taxes.

Now I'm the one painting with a broad brush. My only point was to say you were doing it selectively. But given your comments it appears you don't want discourse but just someone to yell at.

Reply

Gary Junstrom

8:00 am on Wednesday, December 12, 2012

Steve, you sound like a good union soldier, but to try and play down the havoc that both public and private sector unions have done to this country is just plain silly. Funny how you are fixated with Michigan, which by the way, is on the brink of finally breaking the grip unions have on worker's freedoms. It were unions that pushed the American auto industry to bankruptcy. In fact, I will never buy a car from a union auto maker again after they came out to vote for Obama. If they have so little regard for their country to support an avowed socialist just because he came out in support of their thug unions, then they will not get any of my hard-earned money. And for the record, Michigan may not be AS bad as Cal, NJ or Wisc (pre-Scott Walker, that is) but it is well in the upper half and climbing.

Reply

RIFFAXE

8:04 am on Thursday, December 13, 2012

Let me add something about the education statistics.The numbers are skewed because of population density.For instance in NJ the schools in the suburbs have good numbers where the urban schools are bad.A better measure would be to compare numbers from identical type areas.You may see a low populated state rank low on the list because the population base is low in most of the state, but the one or two cities is where the bulk of the population is that accounts for the numbers.Besides that the rankings is just a list and the difference between 1 and 50 is really not that great anyway.And on that point states where the taxes are half of what NJ taxes are still rank high with respect to the cost per student.You can use an example like Mississippi but why not use say Texas or Florida as an example? I understand how some Union members may feel because of they were committed for so many years and in the early years they served a good purpose.But now the Unions are outdated.We have worker standard (OSHA) just to name one,child labor laws,minimum wage...

Reply

RIFFAXE

8:04 am on Thursday, December 13, 2012

Ironically the political party that the Unions are in Collusion with,have authored all of the laws and regulatory rules that are what the Unions used to advocate.So now we have all that in place so Unions are no longer needed to advocate for all of these issues.Even Obamacare in a strange way will eventually weaken Unions.Think about it if the Government is eventually going to provide these benefits it takes maybe the biggest benefit away from the Union.

Reply

Leave a comment