Township Clears Way for Home Construction in Ocean Acres

Barnegat Township Committee voted on Monday night to change the zoning in a 38-acre, currently undeveloped section of Ocean Acres from a residential conservation zone back to a residential high zone, which will permit a developer —Walters Homes of Barnegat — to construct about 135 new homes on the site.

The ordinance also allows for residential conservation zone buffers near wetlands, "forever protected from development."

The land in question is situated in the Pinelands Regional Growth Area roughly between Nautilus Drive, Avalon Avenue, Mutineer Avenue and Viking Drive in Ocean Acres.

"By adopting the ordinance, the township limits building to 135 units, preserves sensitive environmental land, offers an opportunity to property owners who own land in the conservation zone to sell their land for Pinelands Developmental Credits, and limits further legal and financial exposure of the township," Barnegat Administrator David Breeden said.

Members of the public took turns speaking at the meeting, trying to sway the township against the decision.

"We have consistently praised this committee for keeping the conservation zoning of this land when it came up for a vote a year ago," said Theresa Lettman, a spokeswoman for the Pinelands Preservation Alliance, reading from a public letter to the township. "We urge the committee not to approve the rezoning for development and to refuse to allow yourselves to be coerced by the in the litigation which Walters Group brought against the township."

The adoption of the ordinance on Monday is part of the township's settlement with Mark Madison, LLC, an attorney for Walters and the New Jersey Pinelands Commission and a reversal of the township's decision in 2004 to limit development in that section of Ocean Acres, following sightings of Northern Pine Snakes and other endangered species in the area in 2003 and 2004.  

In 2004 the developer contended there were no endangered snakes at the site, and asked to perform a study to prove it.

Madison, the Pinelands Commission and the township signed an agreement then, which would allow the developer to conduct the study and require the township to amend the zoning back to residential high zone if no Northern Pine Snake species were indeed found.

Walters conducted a two-year environmental study and found no snakes, but the township refused to allow development, keeping the residential conservation zoning in place, concerned with the authenticity of the study. Walters sued for breach of agreement.

According to the ordinance, even if Barnegat Township were to win the lawsuit in court, it would have to pay $200,000 back to the developer, as per the 2004 three-party agreement.

The committee first considered the ordinance with a "first reading" at its . On Monday, before the re-zoning became law members of the public asked the township to say "no."

Residents said they would prefer to see the township give up $200,000 to the developer than acquiesce to Walters' demands.

"I would rather pay $200,000 than more than a millions dollars a year (in taxes)," resident Frank Pecci said at the meeting. "The Pinelands Preservation Alliance notified our mayor at the time Jeff (Melchiondo) that they wanted to intervene in the lawsuit."

"Their evidence, the state experts said the snake pits were spiked, that's why you didn't find any," Pecci added.

"The township opposed the Pinelands Alliance from interceding in the case, and the judge agreed," said Dasti, the township attorney.

"There are things (the developer) did to get a favorable report," resident Jake Taylor told the committee. "You guys know it as well as I do."

"Yes, (the snakes) will go (away), as would any beast of nature," said resident Phil Checchia. "But they will come back. It's their property. The snakes are there."

"We're going in the hole once we build these houses," Checchia added, referring to the resulting school taxes. "And everyone will blame the schools."

Checchia asked the township to request a new study, "and not by [the developer's] handpicked ecologist or zoologist," he said.

"We can no longer rely on a developer's genius to come and say there is nothing there," he said. "What I'm asking you tonight is, table this, bring them back to court, and you will kick their butts up and down the halls of justice."

Mayor Alfonso Cirulli, Committeman Albert Bille and Committeman Jeffrey Melchiondo voted to approve the ordinance, while Committeman Martin Lisella abstained and Committeman Leonard Morano voted against it.

"This is definitely a Catch-22," Morano said. "In the interest of the people of Barnegat, I have to vote 'no.'"

The other township officials explained their decision on Monday, saying if they failed to re-zone, they could still not guarantee that the land would remain untouched.

"There would have been development there despite the best efforts of the township," Breeden said.

"There seems to be a belief that if this doesn't go through, nothing will be built there," township Attorney Jerry Dasti said at the meeting. "Frankly, if this doesn't go through, more units will go in there."

"All the indications we're getting from the judge now is he will revert it back to the previous way it was zoned, which will (result in) building more homes," Mayor Cirulli said, "just that alone, the extra homes and the problems it's going to create... It's my opinion that we don't really have a choice with this. We gave it a shot."

"Several speakers have eloquently come up and made a really good point about this," Bille said, adding that he opposes development at the site and wishes he could stop it. "But it's going to be very hard to go back to the taxpayers and say here goes $200,000, and homes are still going to be built there."