Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone 732-219-0581 fax

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December 22, 2008

(732) 842-2400

Monday, December 22, 2008                            8 P.M.
Special Meeting - Planning Board

The Special Meeting was called to order at 8 P.M. by Chairman Jacobi who gave the following Statement of Compliance:  Adequate notice of this meeting has been provided by giving of annual notice to the Asbury Park Press and Two River Times and by filing of such notice with the Clerk of the Borough of Little Silver and by prominently posting said notice on the Borough bulletin board.

Roll Call:    Present:    Mayor Castleman, Councilman DeNoia, Chairman
                Jacobi, Mr. Lindsey, Mr. Scott, Mr. Drawbaugh,
Mr. Chimento, Mr. Nuara and Attorney Leckstein

Absent:    Mr. Olimpi

Chairman Jacobi announced that the sole purpose of this meeting is to deal with the Housing Plan Element and Fair Share Plan prepared by Coppola and Coppola Associates.

Mr. Coppola appeared and reminded the Board that in 2005 a Housing Plan Element and Fair Share Plan was adopted under COAH’s then existing rules.  The Plan which included a vacant land adjustment was accepted with the number going down from 179 to 32 units.  COAH’s review of the vacant land analysis had a favorable outcome for the Borough but the plan was never certified.  In the current plan, the vacant land analysis is included per COAH’s new rules along with their report.  The review was favorable although the rules are more difficult.  He feels that the Borough can rely on the vacant land analysis and can encourage COAH to accept it.

However, much has happened since.  On January 25, 2007 an Appellate Panel threw out COAH rules and new rules were not adopted by the end of the year as required.  COAH got an extension and the new rules were adopted on May 6, 2008 with amendments introduced in December.  In the interim, the Legislature

introduced and passed Senate Bill A-500 which, among other things, threw out the regional contribution agreements.  Little Silver had a 19 unit contribution agreement; this is no longer allowed.  Also, there is now a requirement on family housing; unrestricted, open housing.  The number is now up to 209 units but with the vacant land adjustment, the number is down to 21.  The family housing obligation must be 50% and therefore, the only way is that the 8 units on the Kalian property which was age restricted must be family housing.  That leaves the 8 accessory apartments that are set and 5 bonus credits.  This essentially is the plan.

This process won’t end here, litigation has been filed.  Changes are expected and the review process will take time.  COAH will review for completeness within 30 days and then the Borough has 45 days to respond.  Following that is COAH’s substantive review which runs 95 days, 95 days and 95 days.  It is important to submit a viable plan to protect the Borough from a Builder’s Remedy lawsuit where the Borough would lose total control of its Zone Plan.  There would be no certification because the obligation was never met.  The negative is that a Judge won’t use the vacant land adjustment. 

Mr. Coppola concluded by stating that he felt the rules to be unreasonable and still evolving, but the Borough must adopt the plan to protect itself.

Chairman Jacobi called for questions from the Board of Mr. Coppola.

Mr. Chimento questioned whether the 8 apartment units must be family also? 
Mr. Coppola responded no, the landowner has the right to turn down a potential renter.  Also, there is no bedroom distribution requirement as with family housing.  He pointed out that this is not necessarily the final plan, it can be amended.

Chairman Jacobi questioned whether any adjustment to the Ordinance or the Kalian Application would be needed?  Mr. Coppola stated that there might be.  Kalian was 100% age restricted with 7 affordable units; when the time comes, it will be necessary to sit down with the developer.

Chairman Jacobi then called for questions from the public.  There were none.  He questioned what action the Board must take?

Attorney Leckstein advised that he had a Resolution to adopt the Plan and amendment to the Housing Element of the Master Plan and recommend its adoption to the Mayor and Council.  He then read the following Resolution for the Board’s consideration:

Councilman DeNoia Moved to adopt the Resolution.  Seconded by Mr. Lindsey and the following Roll Call was taken:

Affirmative:    Mayor Castleman, Councilman DeNoia, Chairman Jacobi,
Mr. Lindsey, Mr. Scott, Mr. Drawbaugh, Mr. Chimento, Mr. Nuara

Negative:    None

Abstentions:    None

There being no further business to discuss, Mr. Lindsey Moved to adjourn.  Seconded by Mr. Drawbaugh and a unanimous voice vote followed.
                        For Chairman K. Edward Jacobi:

                        Diane L. Ramsey, Secretary

Dated:  December 31, 2008

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Borough of Little Silver
480 Prospect Avenue, Little Silver, NJ 07739
732-842-2400 phone      732-219-0581 fax