Save Rural Andover Borough - Beazer runs into buzz saw

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Beazer runs into buzz saw
Friday, February 3, 2006
By Andrea Levene, Herald Staff Writer

ANDOVER — After listening to borough residents and people from three surrounding towns complain about a proposed development that would triple Andover's population, the Borough Council declined to act on a resolution that would reject the developer's initial sketch of its plans.

The meeting drew more than 100 people, including officials from Byram, Andover Township and Green. Andover Township and the borough share a school district. Both Andovers and Green send students to Newton High School.

The purpose of Thursday's meeting was to hear residents' concerns and, in what Atlanta-based Beazer Homes' attorney called a last-minute invitation, give the developer a chance to speak as well.

The council, which on the advice of its attorney believes it can reject Beazer's initial development plan, decided not to do so Thursday.

Clinton-based attorney Richard Cushing was retained by the borough to act as special counsel and advised its members against voting without giving the developer another chance to appear and defend itself.

The development agreement was approved by the Borough Planning Board in 1989. The planning board later granted an extension.

Beazer Homes believes that was the only extension needed to keep its agreement in force.

Cushing told the council he believes otherwise.

He said the general development plan agreement, which is a basic concept plan for the development, can be terminated because the developer needed to secure extensions from both the planning board and the Borough Council. The developer never sought an extension from the council, Cushing said.

"We believe there is a good chance the municipality could terminate the general development plan agreement," Cushing said.

In a letter responding to the borough's invitation to the special meeting, Beazer's Newton-based attorney, Kevin Kelly, says the meeting does not comply with state municipal land use laws and since the invitation to the meeting did not say what action could be taken no representatives of Beazer could make a presentation.

"They invited us to a meeting a couple of days ago without saying why," Kelly said Thursday night.

The proposed development — which calls for 590 residential units and more than 200,000 square feet of commercial space — would cost an estimated $200 million and would bring an estimated 1,326 residents to the 660-person borough.

The general development plan agreement promised the borough a new municipal building, recreation building and pool, all of which Cushing said might not be possible now because state laws may not allow it.

"The problem with those offers is they are not consistent with New Jersey laws," he said.

During a two-hour-long meeting held in the Andover Borough Firehouse, area officials and residents said they oppose the development because it will change the character of the borough, put a strain on the Andover Regional School District and increase traffic.

The borough cannot change the zoning for the 235-acre tract of land, according to Borough Planner Ken Nelson.

The proposal calls for 80 single-family homes, 121 townhouses, 192 garden apartments in low-rise buildings and 197 age-restricted homes, including duplexes, detached homes and apartments.

Beazer's impact study estimates the development will add 112 students to the Andover Regional School District.

John Morgan, the president of the Andover Regional school board, said he estimates the development would add as many as 300 school-age children. He used the Rolling Hills Condominiums in Andover Township as an example, saying that if the developer's impact study used the same formula to calculate how many students would come from Rolling Hills, it would have been 10. Seventy-seven students come from the complex, he said.

"But sticking with our best estimate, this all adds up to something closer to 300 new students, not 122," Morgan said.

Green Deputy Mayor Daniel Conkling said he hopes the Borough Council will reject the general development plan agreement.

"If you think your council has the right to say no, then you should," he said.

Byram Councilwoman Donna Griff said she considers the development a regional problem and said that Byram is willing to help Andover Borough fight the development.

"We have to band together and think regionally," she said. "We just can't think town by town."

Cushing advised the Borough Council to accept help from surrounding municipalities.

"I've spoken to officials from some of the other towns and they want to help," he said. "If there is a litigation battle, you should try to get governing bodies from Byram, Green and Andover Township to absorb some of the costs. The borough cannot afford to fight a large company."

The council agreed to hold another meeting at 7:30 p.m. Feb. 13 in the firehouse to take action.

The development site plan will be presented to the planning board on Monday at 8 p.m.