Planning Board Deadlocked on Wood Ave. Construction Project

Final site approval for MBI Development Incorporated's 80-unit housing project on Wood Ave. did not pass at the Planning Board on Thursday, May 12. However, the project was not denied either. A 4-4 vote, due to uncomfortable notions about the nature of the project,  leaves the application open. 

MBI Development Incorporated, a private company, is a part of the Ingerman Group and a part of Manalapan Township’s Affordable Housing Plan. The proposed construction on Wood Ave. is just outside of the Borough of Englishtown.  

Monmouth Petroleum previously owned the land on which MBI wishes to build, and the land was used as a depot site for approximately 60 years. Due to this usage, the soil and the water is highly contaminated with organic pollutants, including polychlorinated biphenyls (PCBs). 

The New Jersey Department of Environmental Protection (DEP) used to oversee cleanups of contaminated sites. In May 2009, a law was passed creating the Licensed Site Remediation Professional Program (LSRP) which now oversees site cleanup. 

The LSRP hired to oversee the site cleanup at the property on Wood Ave., Ecolciences, is being paid by the builder, which is a concern for Deputy Mayor Ryan Green.

Green introduced two resolutions at the Township Committee meeting on Wednesday, May 11, to address his concerns on the proposed building plan. 

The first resolution authorizes Manalapan Township Mayor Andrew Lucas to write to the DEP to mandate more public outreach, if it is warranted by the town or deemed necessary by the mayor and Township Committee. The DEP can require the applicant to hold public information sessions, publicize the construction and cleanup, or setup and information repository. The second resolution requires Ecolsciences to submit a Remedial Action Work Plan (RAWP) for review by the township, as well as authorizing the Township Engineer to review any documents regarding remediation. Both resolutions were passed unanimously by the Township Committee. 

MBI Development Inc. was up for final site approval from the Planning Board on Thursday, May 12. The site plan was neither approved nor denied, as the planning board vote ended in a tie, at 4-4. 

At the Planning Board meeting, attorney Kenneth Pape Esq. represented MBI and he continued to cross-examine LSRP Kenneth Paul. Paul works for Ecolscience Professionals. 

“I have no vested interest in this project, or any project,” Paul said in regard to the concern about the fact that he is being paid by MBI. “I am trying to present the situation here as best I can for everyone to understand the process and to take a site that has issues and see how it can be redeveloped so that it’s a win-win for everybody.”

Ecolscience Professionals performed 500 tests on the site, and came up with the solution to remove a majority of the contaminated soil, and “cap” the rest. A “cap” is a membrane that will contain contaminants in the soil. 

Paul insisted that the site plan will not change, that the group has a handle on the contamination, and that contingency plans are always set up in case the cleanup is more than expected. 

While the affordable housing units are aimed to be sold to families with children, the applicant said that full disclosure about the contamination of the property will be given to the prospective tenants. 

Despite the resolutions passed at the Township Committee meeting, the Remedial Action Work Plan is not a necessary document that needs to be reviewed by the planning board. 

Township Attorney Ron Cucchiaro explained to the board that, as long as MBI meets all the criteria the planning board has jurisdiction over: making sure the plan complies to zoning ordinances, site plan ordinances, and with the township’s design criteria. 

MBI’s application requests no variance relief, and ultimately consented to the board on any design criteria they had previously presented.

“Denial of a site plan application which is ‘variance-free’ is an extraordinary measure,” Cucchiaro said. 

Board member Herb Barrack voted yes, reluctantly, because he said the planning board had no legal basis to vote otherwise, since it was a variance free application. Also, Barrack feels the cleanup will be a benefit to the town, as the piles of contaminated soil have been sitting and polluting the area for years. Stephen Pine, Herbert Lazar, and Richard Cohen also voted yes. 

Planning Board Chairman John McNaboe voted no. Although McNaboe said he agreed with the members who voted yes, he said he did not like “the whole set up”.

Board member Kathryn Kwaak and Jack Eisner voted no due to concerns about the environmental cleanup.

“I’ve had concerns about this project from day one,” Green said, after voting no. “The Township Committee moved in to this project in a very hasty and partisan manner. It’s unfortunate for the township if this project ever does get built.”

Since the vote was deadlocked, the MBI Development Inc. application will remain open and has been carried to the next Planning Board meeting, which is scheduled for Thursday, May 26.