Non-Age-Restricted Housing Applicant To File A Motion Against Township

The applicant of Lacey Town Village, a non-age-restricted housing development proposed at Laurel Boulevard and Route 9, is trying for a speedy trial against Lacey Township.

The Planning Board denied the application on Monday, March 14 due to various unanswered questions and the lack of modifications made to improve the plans, resulting in a court order.

Lacey Town Village was originally approved as age-restricted housing in 2005. The applicant re-approached the Planning Board with modified plans because legislation (S2577 1R) passed by Gov. Jon Corzine in July 2009 allowed developers to challenge towns over the age-restricted status of pending developments.

With 84 units (67 market rate units and 17 affordable units), some with the potential for three bedrooms, the development had 44 parking spaces planned. No on-street parking would have been allowed, because the development’s network of streets is 24 feet wide. The development would have had a 1,503-square-foot community center with a capacity of 139 people and 10 parking spaces.

The township had their first hearing against Lacey Town Village on July 13, which consisted of laying out the legal issues, said Joeseph Coronato, Planning Board Attorney.

Typically, briefing schedules are set during first hearings but Lacey Town Village is filing a motion in an attempt to shortcut the case because they believe they are entitled to build under the statute, Coronato said.

“We’re challenging the boards decision because we don’t agree with them. The board did not act in accordance with the Conversion Act,” said applicant Gordon Gemma of Lacey Township Building Associates, LLC.

The applicant was given a few weeks to put together proofs and file a motion, Coronato said. They will then present their case to the judge, who will make a ruling.

If the judge rules in Lacey Town Villages favor, the applicant will be able to begin construction. Otherwise, the township will proceed with the trial, which can take as long as a year, Mayor Gary Quinn said.