The New Jersey Pinelands Commission has doubled down on concerns first raised in 2025 regarding Jackson Township’s Fourth Round Affordable Housing Plan — including proposed development intensity, impacts to threatened and endangered species habitat, water and wastewater infrastructure capacity, and overall compliance with the Pinelands Comprehensive Management Plan (CMP).
In a letter to Township Attorney Jean Cipriani — copied to Mayor Jennifer Kuhn and Council President Mordechai Burnstein — Executive Director Susan Grogan warns that Jackson Township’s continued advancement of an interpretation “so blatantly counter to the CMP and our prior discussions with municipal representatives” could prompt her to ask the Commission to initiate proceedings to "REVOKE, SUSPEND, OR MODIFY prior ordinance certifications" — stressing that the implications are “too serious to be ignored.”
The Commission’s latest correspondence addresses several distinct sites and planning issues across Jackson Township, beginning with the Pine Barrens Golf Course.
Pine Barrens Golf Course: Protected Habitat and Regional Growth
Jackson Township has proposed re-designating approximately 477 acres at Pine Barrens Golf Course for more than 1,400 residential units and approximately 240,000 square feet of commercial/office development.
Approximately 155 acres — nearly ONE-THIRD of the property — are already deed-restricted for threatened and endangered species habitat. Additional areas appear to include wetlands transition areas, given the entire property lies within the Toms River Corridor acquisition area. The proposed re-designation would also expand Jackson Township’s Regional Growth Area by nearly 23 percent.
In reviewing the Township's proposal, the Commission concluded that the environmentally sensitive property “cannot reasonably be considered suitable” for regional growth while protecting the essential character and environment of the Pinelands. The Commission further stated that its previously expressed position on the property “remains unchanged.”
Jackson Township retains the right to formally pursue the proposal by requesting Commission action on its overlay ordinance or asking the Commission to initiate formal 'rulemaking' to change the property’s Pinelands management-area designation. However, Executive Director Grogan stated that, based on the Commission’s analysis, she could not recommend approval through either avenue and believes Commission support is “highly unlikely.”
The Commission instead strongly suggested that future discussions focus on other sites.
Cassville and Rutherford Site: “Serious Misapplication” of the CMP
The Commission also raised concerns regarding development intensity and the interpretation of accessory residential uses within the Pinelands Village of Cassville. A concept plan prepared by the property owner indicated an interpretation that Jackson Township’s certified ordinance permits approximately 689 student and faculty residences as accessory to a school. We are currently unsure who this property owner is.
The Pinelands Commission rejected that interpretation as a “serious misapplication” of the CMP. The Commission further noted that the relevant accessory-use provisions were developed through extensive discussions with Jackson Township pursuant to a federal consent order and review by the U.S. Department of Justice.
Separately, Jackson Township proposed approximately 300 residential units and 58,580 square feet of commercial development in Cassville. The Commission concluded that the proposed residential and commercial development would “clearly exceed the intensity permitted under the CMP". For comparison, Commission staff identified the existing development pattern within Cassville as approximately 165 residential units — all single-family detached homes — and four small non-residential uses.
The Commission’s concerns regarding the interpretation of the certified ordinance are particularly significant because Grogan warned that continued advancement of an interpretation “so blatantly counter to the CMP” could result in her asking the Commission to initiate proceedings to revoke, suspend, or modify its prior certifications of Ordinances 30-23, 31-23, and 2025-16.
Viviano and Grawtown: Water and Sewer Capacity Not Yet Demonstrated
The Commission also identified unresolved infrastructure questions concerning the proposed Viviano Properties and Grawtown Regional Growth Area sites. There seemingly remains insufficient information to establish whether existing infrastructure can accommodate the proposed development density. Jackson Township has been instructed to document adequate potable-water capacity, wastewater treatment capacity, and wastewater collection capacity before the Commission can meaningfully evaluate the proposals.
The Commission further indicated that the Jackson Township Municipal Utilities Authority (JTMUA) may lack sufficient existing water allocation to meet anticipated demand. If additional water allocation is required, Commission staff specifically advised the Township to “identify an alternative to the Kirkwood-Cohansey aquifer.”
The unresolved infrastructure questions have also affected further discussions between Jackson Township and the Commission. In response to the Township’s March 6, 2026 request for an in-person meeting, the Commission agreed to meet regarding the Viviano and Grawtown Regional Growth Area sites — but only after the required infrastructure information is submitted. Until that information is provided, the Commission states there is an “insufficient basis for meaningful discussion.”
Proposed Redesignation “Appears to Primarily Benefit a Single Property Owner”
Beyond environmental and infrastructure concerns, the Commission raised a broader question regarding the justification for the proposed re-designation. The Commission states that the proposal “appears to primarily benefit a single property owner” without demonstrating a broader benefit to the Pinelands Area as a whole.
Commission Says It Has Worked “Extensively” With Jackson Township
Although Jackson Township retains formal avenues to pursue Commission consideration of its proposals, Executive Director Grogan states that she cannot recommend approval based on the current analysis and believes Commission support is “highly unlikely.” With respect to Viviano and Grawtown, substantive discussions will not proceed until the Township provides the requested infrastructure information.
Jackson Township Environmental Commission Chairman Reaffirms Pineland Commission Concerns
Jackson Township Environmental Commission Chairman Ray Tremer III says the Pinelands Commission’s latest findings raise “substantial environmental and land-use issues requiring resolution” before the Township proceeds with development approvals or additional implementing actions affecting the identified Pinelands properties. Tremer is calling on the Township to explain how it intends to reconcile its actions with the environmental and CMP deficiencies identified by the Pinelands Commission and plans to seek formal written answers.
The position follows Tremer’s response to the Commission’s original concerns in 2025, when he called on the Township Council to table its affordable housing vote in alignment with Pinelands Commission guidance that was revealed in leaked communication from the Pineland Commission to Jackson Township, though not all Councilmembers were made aware of the letter.
Affordable Housing and Environmental Protection Are Not Mutually Exclusive
The concerns raised by Jackson Conservation Coalition and State agencies are not intended to prevent affordable housing. Jackson Township has an obligation to provide it. The issue is ensuring that the locations, densities, and development standards selected to fulfill that obligation also comply with the CMP while minimizing impacts to threatened and endangered species habitat, wetlands, water resources, and other environmentally sensitive lands.
Should Jackson Township seek our organization’s input, Jackson Conservation Coalition would be willing to work alongside the Township Environmental Commission and other appropriate organizations to help identify suitable areas that maximize environmental protection while fulfilling Jackson’s housing obligations. We appreciate the continued involvement of residents throughout Jackson and neighboring municipalities, as well as organizations such as the Pinelands Preservation Alliance, that continue advocating for the protection of the region’s forests, water resources, wildlife habitat, and broader Pinelands ecosystem.
With a substantial portion of Jackson Township located within the Pinelands National Reserve, decisions involving development intensity and management-area designations can carry environmental consequences extending beyond the boundaries of any individual development site.
ORIGINAL LETTER:
