TOWNSHIP OF WASHINGTON—Planning Board members are likely to vote Wednesday, Dec. 1 on whether to approve a 44-unit apartment complex and two single-family homes off of Van Emburgh Avenue following several hearings where questions were raised by board members and residents about tenant fire safety, traffic congestion, pedestrian safety, nearby homeowners’ privacy concerns and emergency vehicles access to the township’s first multifamily apartment complex.
Board members recently received a memo from applicant attorney Donna Jennings that detailed previous concerns, how the applicant addressed the concerns and why variances were needed and relevant applicant testimony provided.
The planned inclusionary development, part of the township’s affordable housing settlement, includes seven on-site affordable units and the Planning Board is under deadline to comply with the settlement’s terms.
If a final decision is not made at the Dec. 1 hearing, Jennings said the applicant would allow a continuation to Dec. 15.
Board attorney Louis Lamatina said he would prepare a response document for planners that would address issues raised by Jennings and let board members know whether he agrees with the explanations and testimony offered by Jennings for approval of the application.
On Nov. 22, Planning Board Secretary Grace Kalish said board members received a 27-page case summary from Jennings and Kalish said that she would post it online under the documents page. It was unclear if and when Lamatina’s response would be posted.
Jennings’ memo goes over the township’s affordable housing settlement agreement which requires a 44-unit inclusionary housing rental complex with seven affordable units.
The agreement also requires the developer to pay $250,000 to the township’s affordable trust fund in lieu of construction of additional units.
Jennings’ memo details the site plan application, subdivision application and bulk variances, approval by outside agencies, and offers a conclusion.
Jennings concludes that should the Planning Board deny the application, “the Township risks losing its immunity from builder’s remedy lawsuits.”
Jennings states, “The board’s review of the site plan application is generally limited to determining whether the Plan conforms to the (settlement) Ordinance and the Board may not request the applicant go above and beyond what is required by the Ordinance. The Board also may not deny the site plan application based upon off-site conditions such as traffic.”
Kalish told us that two additional documents — a letter from nearby resident Darius Oggiono listing 57 points of concern and an emergency services memo from the ambulance corps and police chief detailing concerns — were recently posted under the Franklin Court Management LLC link under the “Planning Documents” page.
In his letter, Township Volunteer Ambulance Corps Captain Robert Rayve voiced concerns about making sure that the complex’s elevator car size could accommodate a patient stretcher that totals 7 feet long and 3 feet wide.
In his letter, Police Chief Richard Skinner points out that insufficient parking exists due to 89 bedrooms in the planned complex and 90 parking spaces provided.
In addition, should the complex’s “lounge/party room” be used, even if outside guests are limited, potential parking problems are possible due to a lack of parking onsite and no parking on Van Emburgh Avenue.
Moreover, Skinner notes, “building access and controls should be available for emergency responders.” He cited an apparent lack of an on-site generator to power elevators if a power failure or blackout occurs.
Moreover, the chief noted “a limited sight distance” for cars exiting the complex and making a left turn, and recommended only right turns be allowed when exiting.
Oggioni, of 19 Fillmore Dr., raised 57 issues, including 24 on the multifamily complex/lot; 16 related to Life Safety Concerns; and 17 concerns about two, single-family lots/homes. Some concerns listed include: building heights; outdated traffic study; no details of student impacts on school system; and no fire vehicle access to combat a fire on three building sides.
Since hearings began, a host of legal, building code, variance and safety issues have loomed over Franklin Court Management LLC’s proposal to build a 44-unit apartment complex and two single-family homes off of Van Emburgh Avenue.
The planned development, part of the township’s affordable housing settlement, includes seven on-site affordable units and the Planning Board is under deadline to act to comply with the settlement’s terms.
The applicant’s nearly 3.5-hour third hearing Nov. 3 focused on variances, fire vehicles’ access, setbacks, stormwater, traffic and a host of criticisms from four adjacent homeowners. The homeowners have appeared at most other hearings to testify against what they allege are the development’s shortcomings.
On Nov. 3, four residents including Dan Sharma, Eric Uderitz, Richard Horwitz, and Darius Oggioni opposed the development, citing dozens of potential negative impacts.
These included loss of privacy, lack of fire vehicle access and fire protection, runoff impacts, improper landscape screening from the development, building height, water pressure, parking, and traffic.
Oggioni read a detailed list of nearly five dozen concerns into the record. A copy is provided under the application’s “Planning Board Documents.”
At the November hearing, Eric Uderitz, a 15-year resident of Filmore Drive, wondered what applicant architect Rob Larsen was referring to earlier when he described the complex as being “contextual” or “commensurate” with nearby homes.
Uderitz questioned the safety of pedestrians needing to walk from the 44 apartment units out onto Van Emburgh Avenue. He said no nearby bus stop exists, and no access to mass transit.
Uderitz said the complex would add traffic to the “dangerous” Van Emburgh Avenue-Washington Avenue intersection, add pollution, decrease privacy, and have a negative impact on his property value.
“This is an absolutely egregious and unnecessary development for Washington Township,” Uderitz said then.