Again, Middle Rejects Patsy’s Way Settlement

COURT HOUSE – At a special meeting Dec. 12, Middle Township Committee refused to accept a potential settlement with developer Ron Ruckenstein over a proposed series of handicapped-accessible homes along Patsy’s Way off Fishing Creek Road, Court House. 
It was the second time this month that Solicitor Frank Corrado carried a proposal for settlement to the committee. Both times the committee rejected the offer.
Ruckenstein seeks to build nine single-family homes, which he claims will house individuals with disabilities. The members of each home may be an “unrelated family,” that is, separated unrelated individuals grouped together.
Ruckenstein has two lawsuits pending against the township, one in federal court and one in state court. What the developer seeks are the building and construction permits the municipality has thus far denied. In federal court, the developer claims that the township’s action represent de facto discrimination against individuals with disabilities. The lawsuit alleges that the township’s opposition to the project constitutes discrimination in effect if not in intent.
In state court, the developer maintains that the township is out of compliance with its Council on Affordable Housing (COHA) obligations and is using requirements for completion of improvements for a road to the site in violation of state rules.
The important element in the state suit is that it contains a “builder’s remedy,” a legal maneuver established to aid implementation of the original Mt. Laurel decision that is a basis for affordable housing issues in New Jersey.
The builder’s remedy, if approved by the court, could include a “density bonus,” legally bypassing municipal caps on living and building density and allowing the developer to build some multiple of the number of homes planned on the same site.
Corrado said he has seen such court cases allow a multiple of four or five times, meaning that nine proposed homes with less than 40 individuals total could turn into 16 to 20, or even 30, homes with a much larger number of residents.
When John McCann, a neighbor of the proposed site for the development, said “a lot is at stake here,” Corrado called his comment “an understatement.”
A crowd of around 25, mostly from the Fishing Creek neighborhood, attended the special meeting. They argued that the developer had misrepresented the nature of the site which, they claim, is not near any amenities such as public transportation and food markets.
McCann presented a photograph from 1969 showing the proposed site near a then active dump and questioned if environmental studies had been done.
Peggy Mathis said allowing the developer to proceed while only requiring him to post a bond for the eventual road improvements would “open the door for developers” to sidestep that requirement in the township.
Madelyn McCarroll spoke of the developer as an individual under potential criminal investigation. She argued that the county’s infrastructure for medical and emergency care was insufficient to the demands of a high-need group that the development could attract.
Committee listened, went into closed session and returned to public session to state no settlement offer was agreed. 
Corrado will return to court and argue against the emergency injunction Ruckenstein is seeking which would order the township to issue the permits.
Committee member Timothy Donohue, who spoke on the issues throughout the meeting, made sure the public understood the stakes.
“I hope we do not look back on this settlement offer as the deal we should have taken,” he said. If the township loses the battle and the size of the development expands, “this could look like it was a pretty good deal in retrospect,” he added.
Donohue was not arguing against the township position. He was trying to ensure everyone realized that a lot was at stake.
Interim Administrator
At a special meeting in November, the committee by a 2-1 vote appointed Steve O’Connor as interim administrator while it sought to replace Connie Mahon.
The resolution approved that night did not have the required sign off from the chief financial officer concerning available funds and was voided. 
The committee used this special meeting to ratify the earlier decision by the same 2-1 vote. In each case, Donohue opposed the selection stating his preference for appointing the existing Deputy Administrator Kimberley Krauss, to the post.
“Connie resigned over 90 days ago, and we have yet to interview a single candidate,” Donohue said. He went on to argue that the position of administrator had been vacant for two weeks; Mahon’s last day was Nov. 29. “That’s two weeks she would have been working on issues like this one on Pasty’s Way,” he added.
Deputy Mayor Jeffrey DeVico and Mayor Michael Clark both praised O’Connor’s resume and said they look to him to aid in the search for a new permanent administrator. 
O’Connor spent more than a decade as the administrator for Cape May County.
To contact Vince Conti, email vconti@cmcherald.com.