November 21, 2009

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Planners delay Oakridge Gardens for new developers

A change in developers has forced Smith Ridge Housing to request a one-year extension on its Planning Board approval to construct a series of condominiums known as Oakridge Gardens, or Oakridge Phase IV, in Vista. The approval, which was to have lapsed earlier this month, received an extension at the board meeting on Tuesday, Oct. 27.

Smith Ridge Housing, LLC, the owner of the property, took over as developer after the project’s original developer, Ornstein Leyton, “defaulted on the contract and basically walked away” earlier this year, according to John Arons, attorney for Smith Ridge Housing. Smith Ridge has spent the last several months attempting to re-create architectural drawings and specs for the project so that work may begin, Mr. Arons said.

Mr. Arons said that the major delay to the project was in getting approval for the proposed condominiums to connect to the Oakridge water and sewer districts, which had been a requirement set by the Planning Board for construction to begin. According to Mr. Arons, the county health department would not issue that approval until the town completed its upgrades to the water and sewage treatment plants. He said that he expected that project to be completed within a few weeks.

Board members appeared supportive of the extension of time, primarily because the delay to the project had been the town’s fault, rather than the developer.

“I don’t think you can hold an applicant at fault” for the delay in the town’s actions, said board member John Gusmano in supporting a 12-month extension to the project’s approval.

In addition to that delay, Mr. Arons said that he would also likely ask for some “not significant” modifications to the proposed plans, including building the condominiums in two phases, because of the weakened economy. The project was initially approved in May 2008, before the national economic collapse.

Mr. Arons also said that the new condominiums may not be able to join the Oakridge Condominiums Homeowners’ Association, as had previously been agreed. He said that the Oakridge association was maintaining that its agreement was with Ornstein Leyton, and with that company’s departure, the homeowners would need to revote to allow the new condominiums to join. That vote had passed in 2008 narrowly, after Ornstein Leyton agreed to contribute support to the complex’s recreational facilities, an agreement Smith Ridge Housing has promised to uphold.

If the new condominiums are unable to join the homeowners’ association, the town may require a recreation fee to be paid by the developers.

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