RIVER VALE—An applicant engineer and architect for the proposed Collignon Estates townhome development provided testimony Jan. 26 to the Joint Planning Board on key aspects of a proposed four-building, 14-unit townhome complex on two adjoining lots at 234 and 238 Rivervale Road.
However, an attorney for nearby Lindvale Gardens alleged that the applicant failed to provide adequate notice of all variances needed for the project, questioned the applicant’s height calculations, and whether the board should even hear the application that night due to improper public notifications.
Despite the allegations, the applicant decided to go ahead with its application.
The applicant, Collignon Estates LLC, proposes four “pods” of townhome buildings on the 1.25-acre site, including two, three-unit pods fronting Rivervale Road, and two, four-unit pods to the rear of the site.
The second hearing will be continued on March 30 at 7:30 p.m. Approximately 26 Zoom attendees took in the Jan. 26 hearing.
At the next hearing, the public will be allowed to question applicant architect John Lignos, who finished testifying on Jan. 26.
Moreover, the applicant planner and traffic expert are scheduled. A possible board vote may occur March 30 if testimony, questions and public comment are concluded.
Meanwhile, the attorney representing nearby Lindvale Gardens raised questions about whether the Joint Planning Board had jurisdiction over the application due to the applicant’s alleged failure “to apply for or provide adequate notice of multiple variances and waivers, which if accurate would affect the jurisdiction of the planning board to proceed with the application as designed and submitted.”
Lindvale Gardens, at 252 Collignon Way, are rental apartments in a 43-unit, two-story complex built in 1980.
Without resolving the attorney’s alleged numerous notification failures and failures to apply for what it claims are needed variances, the applicant agreed to proceed at its own risk, offering testimony from its engineer and architect.
However, attorney Jameson Van Eck, representing Lindvale Gardens, alleged that the applicant had failed to provide notice of a use variance for height of the principal structure that exceeds requirements by 10%.
The attorney also called into question “the manner in which the applicant has calculated height.”
Moreover, they alleged the applicant has failed to request a variance for an increase in impervious coverage, which the applicant contends went from 46.9% to 49.2%, adding about 1,000 square feet.
“Notably, and whether a C-variance or D-variance is required for height, the applicant can provide no justification for violating the height restrictions, other than its goal of maximizing profits, which is not a valid zoning consideration,” states the attorney’s complaint.
Moreover, “In addition to failing to request or provide notice of the d(6) variance, the Applicant has also failed to apply for and provide notice of multiple waivers/exceptions from the requirements of the Township’s Subdivision and Site Plan Ordinances. This failure also deprives the Board of jurisdiction to proceed with the current application,” alleges the Lindvale Gardens’ objection.
The complaint cites applicant’s failure to comply with code for buffering; landscaping and submission of a landscape plan; provision of commons space and open areas for developments with more than 4.5 units per acre; and installation of fencing and/or landscaping near retaining walls.
In addition, the complaint notes a failure to request a waiver from a requirement for “side lot lines to be straight from the street to the rear property line, for the entire depth of the lot.”
Also, the complaint charges the board cannot hear the application due to applicant’s failure to provide landscape plans at least 10 days before a public hearing.
The complaint states though the applicant contends it should be governed by standards of the TH-1 (Townhouse) Zone, the more appropriate zone would be the adjacent PRD (Planned Residential Development) Zone, which is where the Lindvale property is located.
The complaint charges the applicant fails to comply with multiple requirements of the TH-1 Zone, including but not limited to proper bedroom distribution, the requirement to provide affordable housing units, the prohibition against cash contributions for affordable units in lieu of constructing the same, and a minimum lot area of 5 acres.
The complaint notes, “Overall, Lindvale Gardens contends, Lindvale Gardens has significant concerns with the design and over-development of the property, and the number and type of variances being requested. The height, number of stories, density, configuration, lack of setbacks, lack of open space and recreational areas, and lack of buffers and landscaping, among other things, will negatively impact Lindvale Gardens and the surrounding community.
Adds the complaint, “The subject site appears to be particularly unsuitable” for a 14-unit townhouse development in a commercial zone where multiple variances are required, “the lot needs to be terraformed,” and “the applicant cannot comply with most of the requirements of comparable multi-family residential zones.”
It claims, “The immediately adjacent PRD Zone was well planned and developed and allowing this property to be overdeveloped without regard to the applicable design standards will degrade the character of the community and substantially impair the intent and purpose of the zone plan.”
While the complaints were not resolved, the objector’s attorney said he reserves the right to address all charges as hearings continue and also present expert witnesses in rebuttal.
Steven Napolitano, of SNS Architects & Engineers, Montvale and John Lignos, also of SNS, testified for the applicant at the hearing.
Lignos said all townhomes will be three-stories high, with three bedrooms, and have a driveway and one-car garage. He said residents will be able to exit and enter from both Collignon Way and Rivervale Road.
Lignos said the soil on the site drains really well, and noted there were no drainage problems. However, borough engineer Chris Statile said he would have to monitor percolation pits dug on the site to gauge drainage for storms rated as 2-, 10-, 25- and 100-year storms.
At one point, resident Leianne Eskinazi said she was concerned about “adding more density to the neighborhood” and questioned how the applicant would handle runoff.
Napolitano assured her that the storm runoff design “retains all the water within the property.” He said no stormwater would exit the property but in case of an overflow due to a heavy storm, all overflow is directed into the municipal stormwater system.
Several traffic concerns related to increased volumes and children’s safety were held until future testimony by the applicant traffic expert.
In its public notice, the applicant, Collignon Estates, requests two “D” or use variances: one to permit townhouse development in a commercial zone and one to exceed maximum allowable density. In addition, it requests 11 bulk or “C” variances.
The notice, dated Jan. 16, 2022, can be found at njpublicnotices.com, a clearinghouse of municipal public notices.