The Facts > Circus | Village 35 Plan
CIRCUS LIQUORS REDEVELOPMENT PLAN
formerly known as VILLAGE 35
AUGUST 20, 2018. ORDINANCE 2018-3232, CIRCUS LIQUORS REDEVELOPMENT PLAN IS ADOPTED IN SPITE OF MAJOR TURNOUT AND CONCERNED OBJECTIONS.
All five members of the Township Committee (2 elected, 3 APPOINTED) voted YES to adopt the Plan without amendment, paving way for 342,000 sq ft of Retail and 280 townhouses and 70 afforedable housing units.
The Township Committee passed the buck.
They could have imposed restrictions. They didn't.
Now Residents and Planning Board have to fight the Circus Plan's significant traffic and density.
Among the groups that presented their concerns and objections to the Township Committee:
All five members of the Township Committee (2 elected, 3 APPOINTED) voted YES to adopt the Plan without amendment, paving way for 342,000 sq ft of Retail and 280 townhouses and 70 afforedable housing units.
The Township Committee passed the buck.
They could have imposed restrictions. They didn't.
Now Residents and Planning Board have to fight the Circus Plan's significant traffic and density.
Among the groups that presented their concerns and objections to the Township Committee:
- Clean Water Action
- Sierra Club
- Monmouth Conservation Foundation
- Environmental scientists
- Members of the Middletown Open Space Committee.
- A representative from Old First Church discussed the impact on the Historical District.
- Many discussed ways for the plan to be amended that would benefit the community in the long run and also make sure the Planning Board had a redevelopment plan they could work with when the developer presents a site plan.
- Even Middletown’s own Environmental Commission, comprised of experts appointed by the TC, wrote a letter urging the Committee to amend the Ordinance before voting on it.
JULY 16, 2018. VILLAGE 35 HAS BEEN GIVEN A NEW NAME:
CIRCUS LIQUORS REDEVELOPMENT PLAN.
Imagine a project larger than the Monmouth Mall in the center of town with just Route 35 and local roadways to support it. Village 35 is just that - a planned 118 acre Retail and Residential development - located on Rt 35 at the Spirits liquor store site between Kanes Lane, Kings Highway East and Carriage Drive.
Circus Liquors Redevelopment Plan formerly known as Village 35 is a retail and residential development combined into one application:
As of February 15, 2017, the NRDC (commercial) application will be heard separately from the Toll Bros. residential application which was withdrawn in Dec 2016. Toll Bros. plans to refile regardless of the NRDC outcome. For this reason, details of the Toll Bros.' withdrawn proposal remains posted here. They will be back. We believe the Public needs to know the enormity of the collective development.
May 2017, the third planning board meeting in a row is cancelled due to NRDC changing their plans, again. The new plans NRDC will be seeking approval for include two confirmed retailers: Wegmans, a "destination" grocer and CMX Cinema, a dine-in movie theater that typically serves alcohol and whose last showing is at 11:00 PM. Also included, stand alone fast-food dining in the parking lot, and a block of retail spaces, 20 stores proposed, that have no takers.
THE CIRCUS LIQUORS REDEVELOPMENT PLAN ALLOWS FOR MORE DENSITY THAN THE ORIGINAL VILLAGE 35 PLAN.
NRDC. Retail: 400,000 sq feet of commercial space is permitted. The original Village 35 plan was 340,000 sq ft.
Toll Bros. Residential: 400 densely packed condo townhouses including 80 affordable housing rental units is permitted. The original Village 35 plan was for 320 units which includes 70 affordable housing.
What they have proposed in the first Planning Board meetings:
• 5 restaurants with outdoor seating (each in the middle of the parking lot)
• originally proposed upscale stores but have changed to possible upscale façade
• 1750 + a request for 400 more parking spaces
• 2200 + more cars onsite at peak hours (estimate by their own DATED traffic report)
• ½ mile of frontage from Kings Highway East to Kanes Lane
• shared Connector road (Residential & Retail) from Kings Highway East to Kanes Lane
• revising Kings Highway East to directly connect across Route 35 into Twin Brooks Ave.
CIRCUS LIQUORS REDEVELOPMENT PLAN CONSEQUENCES.
CIRCUS LIQUORS REDEVELOPMENT PLAN BURDENS THE COMMUNITY.
Population increase will strain our:
Traffic increase will cause:
CIRCUS LIQUORS REDEVELOPMENT PLAN BURDENS MIDDLETOWN RESIDENTS.
CIRCUS LIQUORS REDEVELOPMENT PLAN.
Imagine a project larger than the Monmouth Mall in the center of town with just Route 35 and local roadways to support it. Village 35 is just that - a planned 118 acre Retail and Residential development - located on Rt 35 at the Spirits liquor store site between Kanes Lane, Kings Highway East and Carriage Drive.
Circus Liquors Redevelopment Plan formerly known as Village 35 is a retail and residential development combined into one application:
- Retail. Shoppes at Middletown. Developer: National Realty Development Corporation (NRDC)
- Residential. The Oaks at Middletown. Developer: Toll Brothers (Toll Bros)
As of February 15, 2017, the NRDC (commercial) application will be heard separately from the Toll Bros. residential application which was withdrawn in Dec 2016. Toll Bros. plans to refile regardless of the NRDC outcome. For this reason, details of the Toll Bros.' withdrawn proposal remains posted here. They will be back. We believe the Public needs to know the enormity of the collective development.
May 2017, the third planning board meeting in a row is cancelled due to NRDC changing their plans, again. The new plans NRDC will be seeking approval for include two confirmed retailers: Wegmans, a "destination" grocer and CMX Cinema, a dine-in movie theater that typically serves alcohol and whose last showing is at 11:00 PM. Also included, stand alone fast-food dining in the parking lot, and a block of retail spaces, 20 stores proposed, that have no takers.
THE CIRCUS LIQUORS REDEVELOPMENT PLAN ALLOWS FOR MORE DENSITY THAN THE ORIGINAL VILLAGE 35 PLAN.
NRDC. Retail: 400,000 sq feet of commercial space is permitted. The original Village 35 plan was 340,000 sq ft.
Toll Bros. Residential: 400 densely packed condo townhouses including 80 affordable housing rental units is permitted. The original Village 35 plan was for 320 units which includes 70 affordable housing.
What they have proposed in the first Planning Board meetings:
• 5 restaurants with outdoor seating (each in the middle of the parking lot)
• originally proposed upscale stores but have changed to possible upscale façade
• 1750 + a request for 400 more parking spaces
• 2200 + more cars onsite at peak hours (estimate by their own DATED traffic report)
• ½ mile of frontage from Kings Highway East to Kanes Lane
• shared Connector road (Residential & Retail) from Kings Highway East to Kanes Lane
• revising Kings Highway East to directly connect across Route 35 into Twin Brooks Ave.
CIRCUS LIQUORS REDEVELOPMENT PLAN CONSEQUENCES.
- A loss of 118 acres, naturalistic beauty & wildlife displacement
- Kings Highway East, a designated "Scenic Drive," will now be a commercial road
- Dense housing, 4-story apartment bldgs will line Kings Highway East
- Redundant retail. Discount stores. Nothing special or "High-End"
- All-night lighting and noise from the movie theatre and shops
- Very little tree buffer surrounding the 118 acres & current adjacent residential communities
- Noise, air, and light pollution will increase with the loss of 1000s of trees
- Almost all open space is associated with storm basins - unusable by the public.
- Excess drainage overflow onto current residential communities surrounding the site
- 1000s of additional cars on roadways = increased accidents & pollution
- New traffic patterns = congestion and hazardous driving conditions
- Overflow of excess traffic onto side streets and residential neighborhoods
- Neighborhoods bordering or nearby the site will become cut-throughs to the GS Parkway, train station, etc. to try and avoid congestion on Route 35
- Children walking to school will be exposed to additional traffic in the morning rush
- More time needed to get to after school activities, work, and running simple errands
- With NRDC, we will end up with a large Discount mall like 100% of all their other malls in NJ
- NRDC has proposed about 5% of the retail site will be landscaped: very few of their discount malls have any trees/landscaping
- PILOT program tax abatements that benefit the Municipality (and the Developer), not our schools, may be used.
CIRCUS LIQUORS REDEVELOPMENT PLAN BURDENS THE COMMUNITY.
Population increase will strain our:
- School system, increased class size & potential redistricting
- Police department - more people = more crime
- Infrastructure - roadway repair/maintenance costs due to high-volume use
Traffic increase will cause:
- Car Accidents, increased EMT, police, fire departments & hospital use
- Congestion on Rt 35 as well as on neighborhood roads and side streets
- Longer Commutes and unrealistic wait times at already burdened intersections & jug handles
CIRCUS LIQUORS REDEVELOPMENT PLAN BURDENS MIDDLETOWN RESIDENTS.
- Decreased Property Values
- Potential Tax Hike
- Diminished Quality of Life
National Realty & Development Corp. (NRDC)
THE SHOPPES AT MIDDLETOWN - 52 ACRES
The National Realty & Development Corp. (NRDC) is the developer for "The Shoppes at Middletown" project. As listed on their website:
- NRDC has 24 properties in NJ, 16 have over 100,000 sq ft and the majority of them have a Walmart as an anchor! Walmarts can stay open for 24 hours!!
- 100% of NRDC strip malls are discount malls in NJ (nothing high end here)
- Their RETAIL STORES INCLUDE: TJ Maxx, Pet Supplies Plus, Stein Mart, Kohl’s, Dollar Zone, Marshalls, Party City, Sam’s Club, Payless Shoes dry cleaners, Pet Value, Great Clips, Game stop, GNC and nail salons
- Their RESTAURANTS INCLUDE: Villa Pizza, Arby’s, Dunkin Donuts, Burger King, White Castle, Jersey Mike's, Frank's Trattoria, Popeye’s, TGI Fridays, Applebee’s, Ruby Tuesday, Pizza Hut and only one Panera Bread
NRDC is proposing 5 stand-alone restaurants with possible outdoor seating that will be scattered throughout the expansive parking lot as shown on their plans.
NRDC HAS TWO STRIP MALLS IN OUR AREA.
Kohl's Plaza, Holmdel
Kohl’s Plaza: 2145 Route 35, Holmdel, NJ 07733, 184,000 sq ft.
In this NRDC strip mall, located in Holmdel, NJ, a wealthy community, all the stores are discount retailers. If there is any place in our area to strut "high-end" retail, this is it. Instead, most of the stores located here are not memorable in any way. The mall has no landscaping, the parking lot needs repaving, the façade is dated and the lighting is unattractive.
With 926 parking spaces -- far less than the 1752 spaces proposed for Village 35 -- the parking lot is always half-empty!
If this is how they treat their mall in well-heeled Holmdel, what are we to expect in Middletown?
In this NRDC strip mall, located in Holmdel, NJ, a wealthy community, all the stores are discount retailers. If there is any place in our area to strut "high-end" retail, this is it. Instead, most of the stores located here are not memorable in any way. The mall has no landscaping, the parking lot needs repaving, the façade is dated and the lighting is unattractive.
With 926 parking spaces -- far less than the 1752 spaces proposed for Village 35 -- the parking lot is always half-empty!
If this is how they treat their mall in well-heeled Holmdel, what are we to expect in Middletown?
Click to enlarge the photos.
Shrewsbury Plaza, Shrewsbury
Shrewsbury Plaza: 1026 Broad Street; Shrewsbury, NJ 07702, 200,000 sq ft
All the discount stores in this strip mall are located in Shrewsbury, NJ. All the discount stores in this strip mall are 100% mass market off-price stores. Again, there is very little to no landscaping, 4-5 empty retail stores at one time, and TJ MAXX is moving into Middletown as I write.
All the discount stores in this strip mall are located in Shrewsbury, NJ. All the discount stores in this strip mall are 100% mass market off-price stores. Again, there is very little to no landscaping, 4-5 empty retail stores at one time, and TJ MAXX is moving into Middletown as I write.
Click to enlarge photos.
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All along Route 35 we have the very same discount stores that NRDC specializes in all their malls. The REDUNDANT RETAIL stores that this developer will attract, if allowed to build here, will only will put the current discount malls we have out of business. |
On the NRDC website, “Shoppes at Middletown,” The Developer has listed the following:
“The Shoppes at Middletown will be a premier 340,000 square-foot town center featuring a specialty grocery store, upscale retail brands and restaurants, local boutique shops and a luxury cinema with a dine-in theater experience.”
“This architecturally distinctive retail destination will be designed with exquisitely landscaped pedestrian areas, wide sidewalks, inviting ambient lighting, and relaxing outdoor seating areas. The exceptional quality creates a sense of place and an area for the community to gather, allowing shoppers to enjoy a memorable experience, encouraging longer and more frequent shopping visits. Adjacent to The Shoppes at Middletown will be a 350-unit townhouse community featuring first-class amenities. These elegantly constructed homes will be connected to The Shoppes at Middletown by pedestrian and bicycle paths as well as vehicle roadways.”
Our Successful Portfolio (excerpt from the NRDC website)
“NRDC’s portfolio is comprised of 78 projects in 14 states, consisting of retail power centers, grocery-anchored community shopping centers, and corporate/ industrial business parks.”
“NRDC has a long-term track record in bringing large and complex projects through the entitlement and approvals process, which is achieved by working with state and local jurisdictions, planning officials, and community residents. Our team prepares and evaluates plans, collaborates with retailers to understand the latest trends for their store design requirements, and encourages feedback from local communities to ensure we perfect every last detail. By remaining conservative in our financial analyses, utilizing the expertise of project-specific consultants, and responding to the desires and expectations of local residents, we continually add successful projects to our portfolio. “
“Negotiating over 1 million square feet of transactions every year, we possess the skill and experience to keep our properties competitive. We recognize leasing opportunities as they arise and we are dedicated to creating value for our tenants in every lease that we sign. This is why we have fostered long-standing relationships with retailers such as Walmart, Target, Kohl’s, The TJX Companies, Bed Bath & Beyond, Cinemark Theatres, and Ahold USA.
“The Shoppes at Middletown will be a premier 340,000 square-foot town center featuring a specialty grocery store, upscale retail brands and restaurants, local boutique shops and a luxury cinema with a dine-in theater experience.”
“This architecturally distinctive retail destination will be designed with exquisitely landscaped pedestrian areas, wide sidewalks, inviting ambient lighting, and relaxing outdoor seating areas. The exceptional quality creates a sense of place and an area for the community to gather, allowing shoppers to enjoy a memorable experience, encouraging longer and more frequent shopping visits. Adjacent to The Shoppes at Middletown will be a 350-unit townhouse community featuring first-class amenities. These elegantly constructed homes will be connected to The Shoppes at Middletown by pedestrian and bicycle paths as well as vehicle roadways.”
Our Successful Portfolio (excerpt from the NRDC website)
“NRDC’s portfolio is comprised of 78 projects in 14 states, consisting of retail power centers, grocery-anchored community shopping centers, and corporate/ industrial business parks.”
“NRDC has a long-term track record in bringing large and complex projects through the entitlement and approvals process, which is achieved by working with state and local jurisdictions, planning officials, and community residents. Our team prepares and evaluates plans, collaborates with retailers to understand the latest trends for their store design requirements, and encourages feedback from local communities to ensure we perfect every last detail. By remaining conservative in our financial analyses, utilizing the expertise of project-specific consultants, and responding to the desires and expectations of local residents, we continually add successful projects to our portfolio. “
“Negotiating over 1 million square feet of transactions every year, we possess the skill and experience to keep our properties competitive. We recognize leasing opportunities as they arise and we are dedicated to creating value for our tenants in every lease that we sign. This is why we have fostered long-standing relationships with retailers such as Walmart, Target, Kohl’s, The TJX Companies, Bed Bath & Beyond, Cinemark Theatres, and Ahold USA.
STOP VILLAGE 35 COMMENT. REALITY!
• NRDC has not contacted the residents to ask what we prefer to have on the site.
• The township is making them put in bike paths on the connector rd with all the busy traffic.
• They are trying to get a waiver to avoid putting in the needed sidewalks around the Movie theatre.
• They have stated above they have fostered long standing relationships with Discount stores.
• Having Grocery or Walmart anchored malls will not bring any “High End” stores to this area.
• There are no First class amenities, on the residential site, and they have no usable open space.
• The only “sense of place“ while shopping here is realizing that you are in a giant parking lot.
• The “ Exceptional Quality ”of what? The stores' façade?
• By the way, almost all of their strip malls have no trees or landscaping of any kind.
100% Discount stores in all their malls with no distinctive appeal or character, why would any upscale stores (the likes of the Short Hills Mall ) partner with them?
• The township is making them put in bike paths on the connector rd with all the busy traffic.
• They are trying to get a waiver to avoid putting in the needed sidewalks around the Movie theatre.
• They have stated above they have fostered long standing relationships with Discount stores.
• Having Grocery or Walmart anchored malls will not bring any “High End” stores to this area.
• There are no First class amenities, on the residential site, and they have no usable open space.
• The only “sense of place“ while shopping here is realizing that you are in a giant parking lot.
• The “ Exceptional Quality ”of what? The stores' façade?
• By the way, almost all of their strip malls have no trees or landscaping of any kind.
100% Discount stores in all their malls with no distinctive appeal or character, why would any upscale stores (the likes of the Short Hills Mall ) partner with them?
Shoppes at Middletown Leasing Plan (click to enlarge)
NRDC is proposing 340,000 sq ft of Retail space, with 1752 parking spaces + 300 more.
According to the NRDC website leasing plan, two confirmed lease holders including:
#1 CMX, dine-in Movie Theater. Wegmans grocer.
Numbers 1-5 indicate retail square footage. 20 stores have been proposed.
Letters A - E indicate stand-alone restaurants.
According to the NRDC website leasing plan, two confirmed lease holders including:
#1 CMX, dine-in Movie Theater. Wegmans grocer.
Numbers 1-5 indicate retail square footage. 20 stores have been proposed.
Letters A - E indicate stand-alone restaurants.
TOLL BROTHERS (NYSE:TOL)
OAKS AT MIDDLETOWN - 66 Acres
TOLL BROTHERS, a publicly held corporation with many developments in NJ and throughout the US, is the developer for the residential component of Village 35 called the “Oaks at Middletown."
Their plan calls for:
SIZE COMPARISON.
To put the scale of the Toll residential application in perspective, here's a comparison with a housing development most Midddletown residents are familiar with -- Village At Chapel Hill:
TOLL BROTHERS MANUVERING.
Their plan calls for:
- 400 densely residential units on the site
- 320 three-story market rate townhomes are planned on about 40 acres
- 80 affordable housing units in 3 four-story apartment buildings will be on 4 acres
- Toll is looking for a waiver to build the apartments on the 4 acres instead of the mandatory 20 acres
- Approximately 1/3 of the 66 acre portion of the site is unbuildable wetlands
SIZE COMPARISON.
To put the scale of the Toll residential application in perspective, here's a comparison with a housing development most Midddletown residents are familiar with -- Village At Chapel Hill:
- Village At Chapel Hill, next to the The Whole Foods on Route 35, is spread over 15+/- acres.
- It consists of 12 three-story buildings which house 120 condos and 30 affordable housing units.
TOLL BROTHERS MANUVERING.
- Toll Bros. has consistently been requesting variances and waivers to increase development density of the Oaks at Middletown proposal.
- This group has a reputation for not following their own corporate environmental policies.
- Toll Bros routinely uses the Mount Laurel Law (re: Low income housing) as leverage in its negotiations with municipalities, as cited in Chasing Ground, New York Times.
MIDDLETOWN WALKS SITE PLANS formerly known as OAKS AT MIDDLETOWN
Oaks at Middletown - Residential Housing. Click to Enlarge the Site Plan.
Oaks At Middletown. Townhome Condos. Click to Enlarge Building Height Schema.
TAKE NOTE:
(Click to enlarge the site plan drawing above. )
The 350 units will have their main ingress/egress directly opposite the Kings Landing Condos entrance on Kings Highway East. Traffic getting into and out of both condo complexes onto Kings Highway East with the new mall will be unbearable.
The 280 units will get 2 tennis courts, one small pool, and 1 small playground. There will be a small clubhouse located in the front of the community entryway with minor amenities, like a small gym, card room and club room.
• Notice the lack of open space in and around the units.
• The only open space on this property is the drainage basins and wetlands.
• Very little green buffer between this complex and the neighboring single family homes on Carriage Drive.
• The three affordable housing apartment bldgs, are adjacent to the connector road at the back of the retail stores. They will smell the garbage and hear the delivery trucks all the time.
• Traffic will devastate this area with new and existing residents trying to navigate the traffic on Kings Highway East and the surrounding back roads.
• Route 35 /Tindall Rd jug handle is not equipped to handle all the cars now at peak hours.
• With NO revisions to the Tindall Rd jug handle, the cars from this additional townhome traffic (more than 2.5 x the amount of condos in Kings Landing ) will back up on Route 35 Past the entrance to Kings Highway East next to the Dunkin' Donuts Island.
• 350 additional housing units will mean more commuters, more students, and more congestion getting to work and around the area at all times.
(Click to enlarge the site plan drawing above. )
The 350 units will have their main ingress/egress directly opposite the Kings Landing Condos entrance on Kings Highway East. Traffic getting into and out of both condo complexes onto Kings Highway East with the new mall will be unbearable.
The 280 units will get 2 tennis courts, one small pool, and 1 small playground. There will be a small clubhouse located in the front of the community entryway with minor amenities, like a small gym, card room and club room.
• Notice the lack of open space in and around the units.
• The only open space on this property is the drainage basins and wetlands.
• Very little green buffer between this complex and the neighboring single family homes on Carriage Drive.
• The three affordable housing apartment bldgs, are adjacent to the connector road at the back of the retail stores. They will smell the garbage and hear the delivery trucks all the time.
• Traffic will devastate this area with new and existing residents trying to navigate the traffic on Kings Highway East and the surrounding back roads.
• Route 35 /Tindall Rd jug handle is not equipped to handle all the cars now at peak hours.
• With NO revisions to the Tindall Rd jug handle, the cars from this additional townhome traffic (more than 2.5 x the amount of condos in Kings Landing ) will back up on Route 35 Past the entrance to Kings Highway East next to the Dunkin' Donuts Island.
• 350 additional housing units will mean more commuters, more students, and more congestion getting to work and around the area at all times.
Toll. Bros is currently building single family luxury homes in Lincroft, Bamm Hollow Estates. Unlike the Bamm Hollow development, which will consist of 190 homes on lots of up to 2 acres, The Oaks At Middletown has a very different, more congested design, with almost no usable green space and very little landscaping.
Toll Ocean Township Project (ongoing)
In 2012 Toll Bros. filed an application in Ocean Township, which has not been approved. t's located at West Park Avenue and Green Grove Road, opposite an intermediate school.
The original application was made in 10/12 and included a request for re-zoning overlay since this was farmland. It consists of 81 acres, only 34 of which are available for development. This application called for carriage homes and 3-story stacked condos plus a community center. The average unit size would be 2400-2800 sf, and there would be 50-ft. setbacks. There was discussion at the time as to whether affordable housing would be included or a monetary contribution made. There was also disagreement as to whether wetlands should be included in density determination.
Fast forward to Planning Board meeting of 3/1/16, a special meeting, when it was presented as a "new case". Proposals had changed. It was to be subdivided into 75 lots on 25 acres, with the rest being "open space", which was, for the most part, wetlands. (Sound familiar?) Toll would pay $1.8 million to the affordable housing fund. Almost 2,000 trees were scheduled for removal on the 25 usable acres. This met with public disapproval, and it was agreed 303 would be replaced and $634,000 would be donated to the Shade Tree Fund. There was also some discussion of traffic issues on West Park Avenue at peak hours. Further discussion of the case was pushed forward to 5/5, then 5/23, then 6/27, then 7/25, then 8/8, then 9/26, then 10/24, then 11/28.. This meeting's agenda carries it forward to 12/12/16.
One of the commercial developers Toll sometimes teams up with is Regency Centers (e.g., West Windsor, NJ and Chantilly, VA), whose typical tenants are Acme, ShopRite, Great Clips, T-Mobile, and urgent care centers). Another is Weingarten Properties (e.g., The Parks at Walter Reed, DC), whose tenants include Publix, Dick's, CVS, and Nordstrom Rack.
Environmental Concerns with Toll Bros.
Example one is the company's plan to build 460 residential units at the Gowanus Canal in Brooklyn, promising to clean up the area prior to building. The EPA stepped in, and despite a fight by Toll Brothers, the land was declared a Superfund site, and Toll abandoned their quest. In 2012, Toll Bros. paid a fine of $741,000 to the federal government as a result of violations of the Clean Water Act.
Example two: when the company designed a plan for the Cottages at State College, PA, consisting of two 3-story buildings near Penn State University to be used as student housing. The community opposed this development based on proximity to water supply and fear of contamination by construction runoff and storm water.
Mount Laurel Law
See the article Chasing Ground in the New York Times, 10/16/05, and read that Toll Bros. routinely uses the Mount Laurel Law (re: low income housing) as leverage in its negotiations with municipalities.
Toll Ocean Township Project (ongoing)
In 2012 Toll Bros. filed an application in Ocean Township, which has not been approved. t's located at West Park Avenue and Green Grove Road, opposite an intermediate school.
The original application was made in 10/12 and included a request for re-zoning overlay since this was farmland. It consists of 81 acres, only 34 of which are available for development. This application called for carriage homes and 3-story stacked condos plus a community center. The average unit size would be 2400-2800 sf, and there would be 50-ft. setbacks. There was discussion at the time as to whether affordable housing would be included or a monetary contribution made. There was also disagreement as to whether wetlands should be included in density determination.
Fast forward to Planning Board meeting of 3/1/16, a special meeting, when it was presented as a "new case". Proposals had changed. It was to be subdivided into 75 lots on 25 acres, with the rest being "open space", which was, for the most part, wetlands. (Sound familiar?) Toll would pay $1.8 million to the affordable housing fund. Almost 2,000 trees were scheduled for removal on the 25 usable acres. This met with public disapproval, and it was agreed 303 would be replaced and $634,000 would be donated to the Shade Tree Fund. There was also some discussion of traffic issues on West Park Avenue at peak hours. Further discussion of the case was pushed forward to 5/5, then 5/23, then 6/27, then 7/25, then 8/8, then 9/26, then 10/24, then 11/28.. This meeting's agenda carries it forward to 12/12/16.
One of the commercial developers Toll sometimes teams up with is Regency Centers (e.g., West Windsor, NJ and Chantilly, VA), whose typical tenants are Acme, ShopRite, Great Clips, T-Mobile, and urgent care centers). Another is Weingarten Properties (e.g., The Parks at Walter Reed, DC), whose tenants include Publix, Dick's, CVS, and Nordstrom Rack.
Environmental Concerns with Toll Bros.
Example one is the company's plan to build 460 residential units at the Gowanus Canal in Brooklyn, promising to clean up the area prior to building. The EPA stepped in, and despite a fight by Toll Brothers, the land was declared a Superfund site, and Toll abandoned their quest. In 2012, Toll Bros. paid a fine of $741,000 to the federal government as a result of violations of the Clean Water Act.
Example two: when the company designed a plan for the Cottages at State College, PA, consisting of two 3-story buildings near Penn State University to be used as student housing. The community opposed this development based on proximity to water supply and fear of contamination by construction runoff and storm water.
Mount Laurel Law
See the article Chasing Ground in the New York Times, 10/16/05, and read that Toll Bros. routinely uses the Mount Laurel Law (re: low income housing) as leverage in its negotiations with municipalities.
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