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Office of the Mayor – West Windsor Township
October 21, 2010



Contacts:         Shing-Fu Hsueh, Mayor
                          West Windsor Township
                          (609) 799-2400

West Windsor Settles InterCap Lawsuit
Smart Growth Redevelopment Project to Move Forward in Spring of 2012

Mayor  Shing  Fu  Hsueh  announced  today  that  Monday evening members of the Township Council approved the terms of a settlement agreement with InterCap  Holdings,  ending  the  litigation  challenging  the  Township's  350  acre  redevelopment plan.
"Entering into a settlement with InterCap Holdings is in the best interest of our residents.  At the Township's insistence, InterCap has agreed to $2.5 million of off -site traffic improvements and will also reimburse $700,000 that West Windsor has invested in its redevelopment efforts."
The  settlement  agreement  calls  for  760  condominiums  averaging  just  two  bedrooms,  an additional 40  affordable  units,  70,000  square  feet of unique restaurants  and  shops  and  a large town green, expected to become the Township's central gathering place so many residents have called for in many public meetings. Like similar developments the market for the units is young professionals and empty nesters.
According to Council President Diane Ciccone, "West Windsor had already invested $700,000 in its redevelopment efforts. To defend further litigation  would  likely  cost  an  additional  $1 -$2 million,  according to  our  attorneys,  which  would  need  to  be  funded  through  next  year's municipal budget.”
Councilmen Charles Morgan cited risks that an adverse legal decision could present the Township with another Toll Brothers situation, resulting in far more units than called for in the settlement agreement.  Morgan stated, "Based on the court decisions to date, our attorneys have expressed concern that West Windsor could ultimately lose the case.  This would prompt the developer to sue West Windsor again, seeking nearly double the amount of housing on the 25-acre site."
Council Vice President Kamal Khanna stated that one of the original major concerns about the InterCap plan was the potential impact on the public schools. But Khanna said, "We are pleased to  see  that  enrollment  projections  from  the  West  Windsor- Plainsboro  School  District  show ample,  long-term space in  the  schools  to  accommodate  this  project.  In 2008, the District’s demographer  projected  a  reduction  of  1,300  students  in  the  school  system  by  2019  as  the   Township's population ages. Those projections have been on target each year."

Councilwoman  Linda  Geevers  cited  the  transportation  enhancements  that  will  come  from  the InterCap  settlement.  Referring to a proposed expansion of commuter parking for Township residents, Geevers said, "West Windsor has been in regular contact with NJ Transit, which has closely monitored the redevelopment process.  The resolution of this lawsuit will encourage NJ Transit to move forward with its plans while also permitting West Windsor to enter serious talks with the State DOT about funding the Vaughn Drive connector.  And InterCap will fund $2.5 million of off-site improvements to ease traffic for residents."
Finally,  Councilman  George  Borek  called  the  settlement  a victory  for  all  of the  families  and senior citizens who have long called for the creation of a central gathering place.  "Through this entire process", Borek said, “We've never lost sight of the original intent of the redevelopment plan — to create an amenity for residents, while finding solutions to traffic and parking concerns. The project design meshes with what residents have told us they want to see: restaurants at all price levels, entertainment, shops and a public green for Township-wide events."
"With  the  litigation  behind  us”,  said  Mayor  Hsueh,  "West  Windsor  can  now  move  forward implementing  its  redevelopment  plan  and  building  an  even  brighter  future  for  all  of  our residents."

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Township of West Windsor • 271 Clarksville Road • PO Box 38 • West Windsor, NJ 08550 • 609-799-2400