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Developer sues to build mega-project
Argues Andover has no right to try to change zoning after plan for 600 homes had been approved
By Matt Manochio, Daily Record
March 11, 2006

The move comes in reaction to a borough council resolution passed in February that nullified a nearly 20-year-old developer's agreement to build on the land. The council also is expected to vote on Monday on an ordinance that would amend and revise the zoning code and would rescind the planned development's approval.

"As a result of the Andover Borough Council's attempt to improperly terminate previously granted approvals and change the zoning of our property in an effort to prevent us from completing the development of our smart-growth, mixed-use project, Beazer Homes was left with no alternative but to file a lawsuit against the Borough," Kathleen J. Rodriguez, a spokeswoman for Beazer, said in an e-mail on Friday.

"This lawsuit was our last resort and something we feel we have no other option but to do,"she said. "We have followed every proper procedure and are hopeful that the courts will rule in our favor so that we can continue moving forward with our general development plan 'GDP,' which was previously approved by Andover's Planning Board Committee following many public hearings," she said.

Borough Clerk Doris Lewis said on Friday that she hadn't seen the suit, but said the borough attorney received a copy.

Mayor Shirlee M. Bollard also said she hasn't seen the lawsuit.

"I was told about it this morning," she said. "It wasn't a surprise. We were expecting it."

Many borough residents objected to the planned development because of its size.

The borough, approximately 1.8 square miles, has roughly 660 people and 273 housing units, according to the 2000 Census. It is dominated by older houses with a tiny downtown that is little more than a cluster of antique shops and is surrounded by rolling farmland. It has looked pretty much the same for decades.

The Beazer project would be built in phases over an undetermined number of years, and when completed would add 1,326 residents to the borough, according to the filed application.

Beazer, which is under contract to buy the site, recently had begun the process of seeking approval for specific site plans.

The plan calls for:

• 30,000 square feet of retail space;

• 38,000 square feet of office space;

• 175,000 square feet of warehouse/industrial space;

• 10,000 square feet of public space;

• 80 single-family detached homes;

• 197 age-restricted homes;

• 121 townhouses;

• 192 for-sale apartments.

The general development plan, which was approved in the late 1980s, provided a 20-year approval time to allow for projects of this size to be built.

Local officials said the plan was approved back then because the land's original zoning would have allowed for even more housing units.

Matt Manochio can be reached at (973) 989-0652 or mmanochi@gannett.com.

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