The following news article appeared in The North Brunswick Sentinel, May 7, 2009
Corzine places conditional veto on housing bill
BY JENNIFER AMATO Staff Writer
NORTH BRUNSWICK — On Monday, Gov. Jon Corzine placed a conditional veto on Senate bill 2577 that would permit the conversion of age-restricted housing developments to non-age-restricted housing developments.
According to the original bill, developers would be allowed to rezone any future developments without any public notice or input after meeting seven criteria in front of the land-use agency that granted the original approval, such as having taken no deposits , having proper water and sewer capacity, having the amenities package amended, and having parking meet residential regulations.
North Brunswick Mayor Francis "Mac" Womack had testified in Trenton two months ago about the unfairness of the new protocols, mainly because of the effect the bill would have on the Pulda Farm on Route 130, which is designated for a 325-unit adult community.
Womack said the trend in New Jersey has been to build "McMansions" that people cannot afford anymore, so the idea behind the bill is to take age-restricted communities and offer them to young couples or empty nesters. He said this would interfere with the concept of Smart Growth in town, and would undoubtedly add more children and traffic along Route 130.
In addition, up to 20 percent of the units could be considered affordable housing under the bill, meaning that as few as one unit could satisfy the Council on Affordable Housing (COAH) requirement.
Corzine said in a statement that he is recommending reconsideration based on three separate points.
One change would require that 20 percent, instead of "an amount not exceeding 20 percent," of the units be affordable.
A second revision would add a subsection stating, "If the approving board determines that the requirements … have been satisfied, and the conversion can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance, the application for the conversion shall be approved."
A third recommendation is to change wording from "In deciding an appeal, the court shall consider whether the applicant complied with the criteria … [and] upon finding that the criteria have been satisfied, the court may make an order instructing the board to approve the converted development, along with any reasonable conditions of approval deemed necessary to the court" to be reworded as follows: "In deciding an appeal, the court shall consider the reasonableness of the decision of the approving board. Upon finding that the conversion should have been approved, the court may make … ."
"I commend the sponsors of this bill for their efforts to stimulate the development of housing, including affordable housing, during these difficult economic times, and to initiate construction projects when the construction industry,
like many others, is facing difficulties," Corzine said. "I also recognize the sponsors' initiative in addressing and remedying some of the procedural impediments that can, from time to time, delay development projects, and in removing unintended consequences of certain affordable-housing regulations. I am concerned, however, that the bill does not go far enough in ensuring the provision of housing for those whose needs the private market has not addressed, and further recommend providing local governmental units with additional approval authority in matters of planning for residential development."
North Brunswick Township Council President Ralph Andrews said the recommendations must be reviewed by the township attorney, but "the preliminary appearance would give us the opportunity if we have good planning behind what we did as far as zoning, it would appear to give us the ability … to keep this as age-restricted housing … and we do have good, sound planning."
He also said that through Womack's initiative, it seems that Corzine has taken into consideration everything North Brunswick had requested.
"I think this is a good step. I think it shows the leadership of our mayor in taking this issue and putting out a good, planned effort. A lot of our residents and officials went down to Trenton … and lobbied hard," he said. "It shows it does pay to go out and make your voice heard."
The bill will now go back to the Legislature, which will vote on the changes suggested by Corzine. If both houses pass the bill, the governor will then again be responsible for taking action on the bill, according to Corzine spokesman Robert Corrales.