http://www.strausnews.com/articles/2007/10/18/township_journal/news/2.txt

Major developer concludes its case against borough council

October 18, 2007
By Liz Husk

Andover — In a series of 21 court-mandated hearings that began March 5 before the Borough Council, Beazer Homes, a national developer, and Sussex Homes, the owner of property in the northern part of the borough, presented their case to continue development plans in accordance with a developer’s agreement approved by the borough in 1990.

Beazer Homes’ attorney and project architect agreed to be interviewed for an article prior to the beginning of the borough’s case.

There were three elements to the original agreement: 1) the General Development Plan (handled by the Planning Board); 2) compliance with the borough’s zoning ordinances, and 3) the Developer’s Agreement (handled by borough council). The developer’s agreement, based on the general development plan, was signed by members of the borough council and details the mutual obligations of the developer and the municipality.

One stipulation in the developer’s agreement provided that within five years of the general development plan’s approval by the planning board, the developer would complete an application for preliminary site plan approval for the development, or ask for an extension if it could not meet this deadline.

If nothing happened within that time frame, the borough council would have cause to terminate the developer’s agreement.

The council contends the deadline passed without Beazer Homes’ completed application or any requests for an extension, and thus council may terminate the agreement. The council did terminate the developer’s agreement based upon the missed deadline, and Beazer Homes filed suit against the borough.

After much heated litigation, presiding Judge Bozonelis decided that the question of whether Beazer Homes and Sussex Properties’ Developer’s Agreement (under the General Development Plan approved by the Planning Board) would be terminated should be turned over to the Borough Council for hearings in a public-forum.

Constantine Karalis, the project architect for Beazer Homes, said that they just finished presenting their case in front of the council; and that Andover Borough was next to testify.

Karalis stressed, during the initial application by Beazer, the “council and planning board acted as one unit, a common membership. Everything was done arm in arm with the great cooperation of Andover Borough. Every person was acting as one entity and all comments were incorporated under the great advice and leadership of Eric Snyder, planning consultant to Andover Borough and relating to Sussex Properties.”

In late 1998, Karalis presented a variation of the plan to encompass senior citizens’ housing. He said the borough received his presentation with “applause” at the meetings.

Donald Daines, attorney for Beazer Homes, also spoke to the press at the conclusion of the hearings. He said, “For more than 20 years Andover Borough has been able to use their developer and developer’s agreement as a shield against a builder’s remedy lawsuit that would have resulted in affordable housing obligations against the town.”

Beazer Homes also took issue with the council’s portrayal of former planner, Eric Snyder, who Daines believed was depicted by the council as a “rogue planner” in order to undermine Snyder’s performance.

It is Beazer’s position that Snyder kept both sides fully informed and received directions from both the planning board and borough council. He concluded that it was sad that the council wanted to characterize Snyder in this fashion, that their characterization of him was “totally false.”

When asked about affordable housing units, Daines said that Shirley Bishop, expert witness for Beazer and executive director of the Council on Affordable Housing, addressed that topic in her testimony.

Daines made a point to state that the “frustrating thing in the partnership between the borough and developer in the creation of affordable homes is that it does not exist on the part of the borough. The borough does not want affordable homes or any homes. Andover Borough is using its power to prevent and frustrate affordable housing in the town. It’s the ‘big gorilla’ in the room.”

Copyright © 2007 Straus Newspapers.