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Bad Credit Credit Creditres People on both sides of the Windy Acres development case found reasons to be pleased with a judge's decision to return the case to the Clinton Township planning board for further review.

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Bad Consolidation Credit Debt In a ruling handed down Thursday, Superior Court Judge Edmund R. Bernhard identified five issues for the planning board and developer P& H Clinton Partnership to revisit in further hearings to determine whether the 911-home should be built.

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Bad Company Credit Repair "I guess it was a split decision," Clinton Township planning board attorney Daniel Bernstein said. "There were some things favorable for the plaintiff. There were some things favorable for the township."

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Bad Card Credit Credit Michael Turner, spokesman for P& H's parent company Pulte Homes of Bloomfield, Mich., said the ruling will allow the company to move ahead with its project.

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Bad Car Credit Loan "It's very positive for us. It shows that our application was done correctly and the board did act arbitrarily and capriciously. I wouldn't say it's a vindication, but it is positive momentum," Turner said.

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Bad Credit Loan Mortgage But representatives of a community watchdog group said changes in environmental laws since P& H initially proposed its project will make it more difficult to build.

Auto Bad Credit Loan Bernhard's ruling is the conclusion to P& H's appeal of the planning board's 2001 decision to deny preliminary site plan approval for Windy Acres.

Bad Credit Mortgage Refinance Windy Acres is planned for 292 acres in the township's affordable housing zone near Route 22 and the border with Lebanon.

Bad Credit Refinance The project would include 145 homes for low- and moderate-income families priced according to guidelines set by the state Council On Affordable Housing. The homes would satisfy the township's obligation to provide a share of the region's affordable housing under the state's Fair Housing Act.

Bad Credit Mortgage Second The remainder of the project's homes would be sold at prevailing market prices.

Bad Credit Loan Student P& H sued to reverse the planning board's decision in 2001, and Bernhard appointed retired appellate Judge William D'Annunzio as a special master to review transcripts of the 22 planning board hearings.

Bad Card Credit In his ruling, Bernhard concluded the special master found several of the board's conclusions to be arbitrary and capricious and are reason enough to reverse the planning board's decision.

Bad Credit Financing However, Bernhard said approval for the project cannot be granted until several issues are resolved: P& H must secure a supply of drinking water for the project.

Bad Credit Home Loan Mortgage A 500,000-gallon, 200-foot-tall water tank was planned on the southern boundary of the development. But the township board of adjustment denied approval for the tank because it encroached on a required buffer zone between the development and neighboring property.

Bad Credit Loan People The issue is now under review by the state Board of Public Utilities.

Bad Card Credit Credit People * The planning board and P& H must agree to set aside land that includes habitat for two threatened species of birds.

Bad Credit Guaranteed Loan * The board and P& H must re-examine the project's storm water management plan in order to reduce runoff and stream pollution.

Bad Credit Refinancing * P& H must accept as a condition of approval that easements exist for the maintenance of a retaining wall on the property's edge and other structures that are part of the development.

Bad Credit Equity Home Loan * P& H must make any changes to the plan required by the presence of wetlands identified by the state Department of Environmental Protection.

Bad Credit Loan Payday Turner said each of the five points will be addressed and easily resolved by P& H.

Bad Credit Repair However, a final condition of approval mentioned in Bernhard's ruling may determine whether Windy Acres is built as planned, environmentalists say.

Bad Credit Home Loan Uk Since P& H filed its appeal of the planning board's initial decision, new environmental laws have been applied to a stream that cuts across the Windy Acres site.

2nd Bad Credit Mortgage Plans for Windy Acres included the construction of a sewage treatment plant that would discharge waste water into the stream.

Bad Credit Loan Unsecured P& H's partner in the project, Applied Water Management, a subsidiary of Elizabethtown Water Co., has backed out of the project, saying it is impossible to build the plant according to the new water quality standards.

Bad Consolidation Credit Loan P& H filed suit last year to halt the allocation of sewer capacity in the Readington-Lebanon Sewer Authority system and gain access to the system.

Bad Credit Home Loan New The developer argued that because Windy Acres will help satisfy the region's need for affordable housing, Readington Township and Lebanon have an obligation to provide sewer capacity.

Bad Business Credit Loan Bernhard, in December, quickly dismissed the suit, saying there is no case law to support the developer's claim.

Bad Credit Lender Mortgage Turner said P& H is appealing Bernhard's decision, but in the event the appeal is unsuccessful, other technologies could provide sewage treatment for the project.

Bad Credit Home Loan Mobile Attorney Tom Borden of the Rutgers University Environmental Law Clinic represented the Clinton Township Community Coalition, which intervened in the suit. He said the sewer issue is undoubtedly the most important.

Bad Cash Credit Loan "Whether Windy Acres lives or dies depends on whether they can get sewer capacity," Borden said.

Bad Credit Loan Private New Jersey Sierra Club Director Jeff Tittel said the time spent litigating the planning board's decision may have sealed the project's fate.

Bad Card Credit Debt "Even though you'd like to see (the court) uphold the planning board and throw it out, the new evidence the board has to consider may be a stronger case for them to support a denial," he said.

Bad Business Credit Loan Small Furthermore, additional water quality rules that require a larger buffer around the stream will require P& H to reduce the size of its project, Tittel said.

Bad Bankruptcy Car Credit Loan In its suit, P& H claimed township officials simply wanted Windy Acres to go away. Turner said the return to the planning board will reveal whether that s true.

Bad Credit Instant Loan Now we will find out whether this is about doing something right for the environment or simply stopping this company from building in the township, Turner said.

Bad Credit Equity Loan By Peter Hall
The Express-Times - 2/6/2004

Topic: Highlands

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