Byram residents debate with council Ordinance

Byram n A vote on June 18 will determine whether planning continues for a town center or the township council and planning board find another way to meet state mandates for low and moderate income housing. Deputy Mayor Donna Griff opened the Monday, May 21 meeting to the public, although the council was just introducing the ordinance creating the town center, and the formal hearing will be at the June meeting. Ed Klinger of Lake Lackawanna advised the current council to allow the newly elected council, which takes office July 1 with three new members, to decide on the town center. “The voters have spoken,” he said. “The people are opposed to the town center.” Two of the newly elected council members have spoken out against it. The third, Scott Olson, who was at the meeting, reiterated he is in favor of the town center, but called the ordinance “a fluid document; there is always room for an amendment.” Township Attorney Tom Collins explained the town center is a way to meet the state Council on Affordable Housing mandates. With each round, every few years, COAH amends the number of low and moderate income units each municipality needs to provide. Township Planner Paul Gleitz explained the town center plan satisfies the Round Two obligation with 34 low and moderate income units including nine rentals and 25 percent set aside for senior citizens. The center also calls for commercial space and walking paths in an attempt to create the feeling of a village which is lacking in the township. Gleitz also noted planning for a center allowed the township to increase lot sizes in residential zones in outlying areas. “We can preserve constricted lands and natural resources,” he said. Most of the township is in the preservation area designated by the Highlands Act, meaning development is severely restricted. The town center was kept out of the preservation area because the township applied for a Smart Growth grant to plan for growth in areas with infrastucture. Gleitz explained the township was required to reserve sewer gallonage sufficient for the town center even though it means paying for sewer capacity not yet being used. Resident Art Bowles pointed out the township doesn’t own the town center land and the owner might not want to develop it as mandated in the ordinance. Collins explained the new ordinance designates the town center as a redevelopment zone which does increase the restrictions a developer must abide by, but also contains benefits to the property owner. Township board of education President Virginia Bonkers noted the district just built Byram Lakes Elementary School and it is already full. Collins said there is nothing a municipality can do to prevent growth mandated by COAH. Planning board chairman George Shivas said the number of low and moderate income houses mandated by COAH should have been reduced when the Highlands Act was passed and restricted overall growth. Planning board member Kenneth Kaufhold suggested sending the ordinance back to the planning board since there were a number of changes made after the board last saw it. Collins said the planning board will have an opportunity to look at it and determine if it is inconsistent in any way with the township master plan. He explained the zoning for the town center would be “village center redevelopment area,” an overlay over the existing zoning. Gleitz said even though the term “redevelopment area” is in the ordinance, there is no thought of the township taking the property over. Kaufhold said he was concerned with some of the specifics, such as the number of rooms allowed in a bed and breakfast. He explained a business must be allowed to operate profitably and not be so heavily restricted that it can’t be competitive. No developer wants to work with such restrictions, he said. Mary Stabile Benson represented her family, the largest property owner in the town center, but didn’t speak. She told the press the family would have a statement at the formal public hearing.