COURT HOUSE — Those who opposed construction of a low-and-moderate income apartment complex near the intersection of Mechanic Street and Railroad Avenue have something to celebrate.
On July 14, Superior Court Judge Valerie Armstrong issued an opinion upholding a Middle Township Zoning Board denial of a 90-unit affordable housing project proposed by Mt. Laurel-based Conifer Realty.
At hearings in May and June last year, Conifer professionals testified that the proposed 10-acre site adjacent to the township Public Works facility and Cape May National Wildlife Refuge, was particularly well suited for affordable housing.
They noted the property’s central location in the Smart Growth designated Court House center, in which that type of development is suitable, and the court’s determination that affordable housing is an “inherently beneficial use.”
At the hearings, dozens of objectors — including conservationists, professional planners and site neighbors — spoke against the project. They argued that the development would adversely affect the environment, increase traffic, devalue local properties, bring unwanted residents and impact the township’s fire departments, public schools and water supply.
After hearing all testimony, the Zoning Board unanimously denied Conifer’s application on June 11, 2009.
Conifer appealed the denial on Oct. 2.
Armstrong’s written opinion, noted that a court “should not substitute its judgment for that of a land use board merely because it believes the court could have made a better decision.”
“A land use board is presumed to have acted fairly,” she wrote. “Thus, a court should not set aside a board’s decision unless it is arbitrary, capricious or unreasonable.”
According to Zoning Board attorney Robert Fineberg, Armstrong found that the “board’s decision was amply supported by the evidence it heard.”
“The judge also found that affordable housing is indeed an inherently beneficial use,” he added. “A fact that we did not argue.”
Fineberg explained that Conifer addressed the positive aspects of the affordable housing project in its application, but did not sufficiently address the negative criteria regarding the site.
“It’s a site surrounded by a Wildlife Refuge, single family homes, a historic district and narrow roads,” Fineberg told the Herald.
“The board’s denial of Conifer’s application did not violate the township’s constitutional obligation to provide affordable housing,” Armstrong concluded.
At the Mon., July 19 Middle Township Committee meeting, Solicitor James Pickering said Conifer had 45 days to decide to appeal Armstrong’s decision to the state Appellate Division.
Dennisville – As a parent of a Tech student it would be great if the school would update their staff directory. So many old staff still listed and no new teachers listed. What gives?
