Age Restriction Lifted From Proposed Eastview Condo Complex

People of all ages will be able to buy units at Carriage Park, , as the Little Silver Planning Board approved the removal of the project's 55 and older age restriction in a public meeting at last Tuesday.

The approval, which was passed by a unanimous vote, is contingent upon applicant Javin L.P. returning with revised site plans that show a reduction in the height of the buildings from 35 feet, and a reduction from three bedrooms to two bedrooms with a third optional to address the concerns of nearby residents.

"Under the circumstances, this is the best resolution possible of this application," said K. Edward Jacobi, Planning Board Chairman, referring to S-2577, the conversion law statute which forces boards to approve the conversion of developments previously approved as age-restricted communities to non-age-restricted communities or face a builder's remedy lawsuit.

Towns such as Shrewsbury and Sea Bright have felt the wrath of such suits, which allow the applicant to build projects with as many units as they desire.

Not wanting "a Taj Mahal," as Jacobi put it, to rise in Little Silver, the board opted to negotiate with Javin, something that Assemblyman Declan O'Scanlon (R-12) suggested at the beginning of the two hour meeting.

O'Scanlon was a borough councilman when the initial application was approved in 2007 as a 59-unit development for people age 55 or older. He testified that the original applicant, Kalian Companies of Red Bank, pledged that the age restriction was "of vast importance and could never be lifted."

Kalian subsequently went bankrupt, and the conversion law was passed into law by Gov. Corzine in 2009, which new owner Javin was able to use to gain approval.

"[The state] changed the rules after the game was over," said Board Attorney Michael Leckstein of the law. "Unfortunately, they have the right to do that."

Though admitting he "never liked the project to begin with," board member John Chimento asked Javin's attorney John Giunco if his client would be willing to consider a redesign. Giunco agreed they would, but asked the board to make specific requests for modifications.

Councilman Jonathan Bitman asked Javin to consider reducing the project's height and number of bedrooms in each unit, two items advocated for in previous meetings by retired lawyer and resident Chet Apy.

Giunco acknowledged Apy's suggestions made sense in light of current economic conditions. 

"Reducing the height of the building and changing the exterior elevations would reduce the cost and make it much more marketable in this economy," said Giunco.

Of the 39 units, 8 will be low-cost housing units counting toward the borough's affordable housing quota (formerly governed by COAH, now under the New Jersey Department of Community Affairs), which has recently come under fire from the Fair Share Housing Center.

The price of the other 31 units will ultimately be set by the market, but Giunco estimated they will be priced around $425,000.

No time limit has been given to Javin to submit their revised plans, and Leckstein told Apy that when the board receives the new plans, he will be given special notice.

The revised plans must be presented in a public meeting before any final approval.

Editor's Note: A previous version of this story stated Declan O'Scanlon was a former planning board member. He was actually a former borough councilman. We have corrected the mistake and regret the error.