Moorestown Residents Concerned About Alternative To Pennrose Site

MOORESTOWN, NJ - Moorestown is actively trying to comply with a judge’s request that it find alternatives to a proposed affordable housing complex site off Route 38, Township Attorney Kevin Aberant said Monday night.

Council has held two closed session meetings on the subject, but can’t yet share the details of those meetings with the public, Aberant said. There will be at least two more in April.

“We have 45 days to comply with the judge’s request,” Aberant said during Monday night’s council meeting at town hall.

Late last month, Judge Ronald Bookbinder denied summary judgement in a case concerning restrictive covenants currently in place on the site of a proposed 75-unit complex previously planned for an area near Route 38.

Developer Pennrose had filed a lawsuit to have those restrictive covenant invalidated, and that lawsuit was fought by residents in the area. In his ruling, the judge said Pennrose has not shown that the restrictive covenant prevents the realistic opportunity for the development of affordable housing in the township, according to a copy of the ruling obtained by Patch.

He went on to say that the agreement between the township and the Fair Share Housing Center acknowledges the existence of restrictive covenants on the property and contemplates that the township will provide alternative locations for affordable housing if the restrictive covenants are upheld.

"Moorestown shall provide alternative compliance mechanisms that will provide the number of affordable rental units with the same bedroom and affordability restrictions planned for the Pennrose site," the judge quoted from the agreement in his decision.

"The restrictive covenant may not prevent the township from developing the required 75 family rental units throughout the township," the judge wrote. "The deed restriction on its face does not prohibit affordable housing and therefore does not violate public policy."

Read more here: Moorestown May Need To Seek Alternative To Proposed Housing Site

The decision has left residents wondering where the proposed complex may end up. Some residents from the Wexford Estates are concerned about the possibility of a 4-story complex going up in the middle of their neighborhood.

The neighborhood consists of single-family homes that sit on a median lot size of about ⅓ of an acre of land. It is off Borton Landing Road or Westfield Road onto Sheffield Drive.

There is a large portion of wetlands known as Mayberry in the area residents fear the township may consider building on.

Resident Christine Blessing said that because the land is wetlands, the only option is to build up. She and other residents are concerned both about a four-story building being dropped in the middle of their neighborhood, and about the traffic congestion that already exists in the area being compounded.

Two residents from her neighborhood also spoke during Monday night’s meeting, and others questioned the judge’s decision.

“It’s not a good judgement and I hope Pennrose appeals it,” resident Kathy Sutherland said. “There are over 500 low and moderate income homes in the center of town. Every time it is suggested for a certain location, some people say not in my backyard or they threaten to sue. … I’ve heard Church Street mentioned quite a few times. Our street is overly crowded and the tractor trailer traffic is horrible.”

She reminded council that years ago, the Nagle Tract and Mayberry were handpicked for affordable housing at a time when there were no other houses in the area. Then the affordable housing process stalled, and those two areas saw development of market rate homes. Read more here: Change In Affordable Housing Plans For Nagle Tract

“They’re going to have to be built,” Sutherland said. “We have 250 low and moderate income homes on my street already and traffic is a joke. When the judge made his decision, I don’t think he knew what he was talking about.”

Resident Robert Paglione said he believed the site Pennrose chose is perfect, and he urged the township to try to convince the judge of that fact.

Resident Nancy Newcomer said the Pennrose site was not perfect because of size and environmental factors, and said she’d prefer to see the decision left to the planners.

“I want to let some of the steam out of the argument,” Newcomer said. “I don’t like to see neighborhoods pitted against each other.”

Township Manager Thomas Neff said the judge’s decision is only tentative, and doesn’t see anyone appealing it at this time. He also reminded residents the township was not a party to the lawsuit, but its interest comes in the form of needing to fulfill its obligation of 337 new affordable housing units by 2025. Read more here: Moorestown Council Approves Deal With Fair Share Housing Center

It has already had some impact, as council has tabled a proposed ordinance introduced last month that proposed zoning changes to help meet its obligation. The proposal was introduced at the March 25 meeting because it was legally required to do so, but has been tabled pending the outcome of the Pennrose situation.

One resident suggested if the township had already done its due diligence, it already knows which sites would be best as alternatives, if any. Aberant said conditions may have changed since its initial evaluation, and said the township would do everything it can to comply with the judge’s order by the deadline.

Council will discuss affordable housing in closed session on April 15 and April 29, 8:30 a.m. in the donut room at town hall. A session had been scheduled for April 22, but will be canceled because not all council members will be able to attend. A makeup meeting may be added if necessary.

See related:
Moorestown Council Calls On Judge To Rule In Pennrose Case
Pennrose Affordable Housing Plan Remains In Limbo Amid Lawsuit