Residents question status of gate, road

Residents of Jackson who live in the Westlake North community are asking the Township Council to help them resolve a problem.

"I am a resident of Westlake North and there are many people here who are also residents of Westlake North," Phoebe Shagan, of Long Bay Road, told the council at a recent meeting. "We moved to Westlake North not understanding that we moved to an area that would not be considered Westlake."

Shagan said from the perspective of where she lives, her community has a gate that is not functional, attractive or similar to what is usually associated with an exit or entrance to a gated community.

She said people who moved to Westlake North understood that it was to be a gated community. Residents have contacted the builders, Lennar and Toll Brothers, and provided copies of the letters to the council.

There is only one entrance to Westlake North, which has more than 300 private unattached homes, and the Mews, which has rental apartments with affordable housing units, she said.

"There is only one entrance to go in and out," Shagan said. "The gate [does] not go down permanently because there have been too many issues. At this time the company that manages Westlake, and I'm sure the master board [also], has made the decision that the gate will not go down."

Shagan said there is a gate that is very close to the Mews that has a chain on it and it is locked. She said that gate leads to a road that is designated for emergencies.

There is no second way in or out of the community should the main road be blocked for any reason, she told the council.

"I know that before I moved to Jackson, that was an issue that was discussed. I am here to say the buck has been passed from person to person and committee to committee. It is time for people to stop passing the buck," she said.

Shagan asked the council to help the residents have a functional gate, a separate entrance and exit for the Mews, and to help the community so that the value of the homes does not decrease.

"There are homes in Westlake North that are $500,000. It's a dangerous situation," she said.

Council President Michael Kafton said the governing body was aware of the situation.

"We spoke with the township engineer and the attorney for the Planning Board and it appears that the property is still owned by the builders," he said.

Shagan said it is the residents' understanding that the builders had left the development.

"They have certainly finished all construction and they're not taking responsibility for anything any longer, and we've gone to the master board for Westlake and the builders," she told Kafton.

Kafton said performance bonds posted by the developer are still in place and said the developer is still responsible for the community. He said the council will work toward a resolution of the problem.

Referring to the chained and closed road, Kafton said he was told by the Planning Board attorney that in order for the gate to be torn down and a second road to be opened, the matter would have to come before the Planning Board.

"Right now what we are going to do is to ask [the Planning Board attorney] to study this issue," Kafton said. "We have pretty much all the paperwork that is needed and [the attorney] will give us his recommendation in writing, and from that point we will sit down with [people at] Westlake and the Mews to see what is the best way to move forward with it.

"We also have to recognize that the current developer is in control at the moment and they do not have the desire to do anything with it," Kafton told Shagan. "So at some point it will be up to the homeowners board at Westlake to make the decision as to which direction to go."