TRENTON-New Jersey Superior Court Judge Marc Troncone has issued an order to the Township of Jackson and the Jackson Township Planning Board to hold another vote on the denial of the Jackson Parke South development.
The planning board, allegedly under the influence of administration officials and members of the community voted to deny the application, according to a lawsuit filed by Lennar Homes against the planning board.
Judge Troncone decided in favor of the applicant’s rights at a March 5th hearing before him.
“The court having found it appropriate to direct the Jackson Township Planning Board to reconsider its denial of EL’s application that is the subject of these two cases, and no to set forth alternative procedures for the court to handle these matters depending on the Planning Board’s decision as to reconsideration,” Judge Troncone wrote in his summary briefing.
Troncone has directed the planning board’s decision prior to April 27th and allowed the board to meet in executive session to discuss the matter and to conduct a public vote on the matter in accordance with the state’s new public meeting guidelines during the COVID-19 epidemic.
“The planning board shall reconsider the denial of EL’s application for preliminary and final site plan,” Judge Troncone wrote. “The planning board shall vote in public session at this meeting as to whether it is vacating its prior denial.”
If the planning board votes to vacate its denial, it must pass a resolution memorializing that action by May 25th, 2020. If the board refuses to overturn their denial, Troncone has announced a new court date of May 22, 2020 at 1:30 pm to continue its litigation against the planning board under the Fair Share Housing Center.
Under the judge’s agreement, the builder would be able to use Reed Road for construction traffic on an interim basis until a more suitable connector road is constructed directly to Route 571. A signalized intersection would be constructed and those fees paid for directing traffic until that signal has been constructed would be by the applicant.