WEST CAPE MAY – Developers Sixth Street Partners plan to appeal an Oct. 9 decision by Superior Court Judge William E. Nugent approving West Cape May’s Housing Element and Fair Share Plan to provide affordable housing, according to principal Greg Garagozza.

Sixth Street Partners originally sought approval to build 70 townhouses but amended its request to 28 single-family homes with 12 affordable housing units on a 5.8-acre property on Sixth Avenue.

Nugent said he believed West Cape May’s Housing Element and Fair Share Housing Plan was compliant with state Council on Affordable Housing (COAH) regulations and offered a realistic opportunity for the development of low and moderate incoming housing in the borough.
Garagozza said the group would appeal the decision in Appellate Court. He said the judge actually suggested five or six reasons for an appeal while rendering his decision.

Garagozza said the judge questioned why a court-appointed special master did not review Sixth Street Partner’s proposed smaller development after the judge rejected the 70-unit development. The new plan called for 28, single-family home lots with the developers providing 12 affordable units of three bedrooms and two baths.
The proposal was for 31 lots since the affordable units would be four, quad units on three lots. The borough has contended the property is only large enough for seven lots.

Garagozza said the property was inside West Cape May’s center designation until the borough cut it out in Aug. 2007.
Nugent had referred to the borough approaching the state Office of Smart Growth to “gerrymander” the system to cut the Sixth Street Partners project out of the Smart Growth area.
Garagozza said Nugent indicated that was a reason for an appeal. Nugent said if the borough’s affordable housing plans fail, he would have no problem amending his decision to include the Sixth Street’s Partner’s site.

The judge said he had a lot of concern over the timing of the town center designation. He said an argument from the Office of Smart Growth was residents would not be able to pay for infrastructure outside of the town center.

Nugent said he would provide reports on the borough’s affordable housing progress to Sixth Street Partners.

Garagozza said he believed Sixth Street Partner’s plans were much better than the borough’s proposal for accessory apartments.

West Cape May’s affordable housing plans include rehabilitating 11 units and seeking credit for eight units rehabilitated from 2000 to 2004.
A large part of the borough’s remedy for earlier unfilled housing obligations is a seven unit building to be constructed for those with special needs called Cape Manor.

Nugent said the most controversial portion of West Cape May’s affordable housing plans was the growth share component, which uses accessory apartments.
The borough has agreed that the first two accessory apartments would be a three-bedroom unit for a very low-income family and two-bedroom unit for a low-income family, which should be implemented as soon as possible.
Accessory apartments must be deed restricted for low-income use for 15 years

Mayor Pamela Kaithern told the Herald the borough would move forward with the affordable housing plan approved by Nugent. Borough Commission will amend ordinances as part of the plan, she said.