TOWNSHIP OF WASHINGTON—A special Planning Board meeting scheduled for Sept. 22 might conclude nearly two decades of hearings, lawsuits, objections and delays in the long-running Viviano American Dream Estate’s 66-unit development planned on 14 acres at 463 Van Emburgh Ave.
At the June 2 hearing, applicant engineer Brian Murphy had appeared to conclude his testimony. In late July, the Planning Board announced the hearing had been rescheduled for Sept. 22 at 7:30 p.m. on Zoom with no reasons given.
On Sept. 10, a public notice stated that the amended application submitted requires no variances, although it requests three modifications for amended preliminary major site plan approval and amended preliminary major subdivision approval.
The three modifications include a permit for an onsite sewage pump station; a reduction in units from 73 to 66; and a reduction from 75 new tax lots to 69 new lots including 42 single-family lots and 24 fee-simple townhouse lots.
Outreach to applicant attorney Ron Shimanowitz, of Hull & Shimanowitz of Woodbridge was not returned by press time.
The two-decade-old Viviano Project proposes to construct 66 total residential units on 14.3 acres, including 42 single-family lots and 24 townhouse lots. The property is currently vacant and wooded.
At the June 2 Planning Board hearing, the attorney for Concerned Citizens of Washington Township said that while his clients, mostly neighbors of the proposed development, had signed an agreement with the applicant, they still had concerns about stormwater management due to new regulations and whether the previously submitted plan meets current state and local standards.
Moreover, John J. Lamb, an attorney representing the group, said he wanted Township Engineer Paul Azzolina to review the project’s latest stormwater management system design, and make sure that the settlement agreement signed by the group does not conflict with the agreement or impact upon any aspects of stormwater management.
He also wanted to make sure that Azzolina could confirm that the stormwater management system would reduce runoff and not lead to any impacts on his clients’ properties.
Lamb also stressed to planners that the project’s approval resolution should include the terms and conditions specified in the homeowners’ settlement agreement with the Viviano estate.
Lamb said June 2 that the settlement agreement specifies terms relating to landscape buffers, reduced number of lots behind Katharina Place homeowners, a buffer maintenance agreement, and a provision that notes the agreement holds the applicant liable for any future stormwater impacts.
The applicant seeks amended preliminary major site plan approval and amended preliminary major subdivision approval with modifications to its 2004 initial approval.
The Viviano development won preliminary and final site plan approval in 2004, but the development has been delayed in part by court battles over affordable housing and residents’ concerns over impacts from high-density housing, including wastewater disposal and stormwater management.
A Pascack Press review of the Township’s affordable housing settlement found the reduction in units planned — from 73 to 66 — may require only 13 affordable units be provided for at an agreed price of $25,000 per affordable unit, payable to the local affordable housing trust fund.
No affordable units are required on site, and the payment-in-lieu-of-construction agreement, which now likely totals $325,000, is due in three payments once certain project milestones are met.
None have yet occurred. The first condition is final site plan approval and conclusion of any final appeals from the approval resolution; a second payment is due on the closing of title for 25% of the units; and a third payment due upon closing of title for sale of half the units.
A decision on the revised American Dream was delayed at its fourth hearing, June 2, as several board members needed to read transcripts of prior meetings and questions remained to be answered by the applicant’s engineer, Brian Murphy.
The original project approval was received by Viviano in 2004, but the project has been stalled by delays caused in part by court battles over affordable housing, high-density housing and residents’ concerns over wastewater disposal and potential stormwater runoff impacts.
At the June 2 hearing, unresolved issues over how to adequately compensate the township for removed trees were raised.
When Murphy mentioned that they were asking for “one waiver” to not follow the local tree replacement ordinance, which would have required them to place nearly 39 trees on every townhome property and single family lot, questions were raised about granting such a waiver.
It was not clear how that issue was resolved but its settlement will likely figure into a final resolution of approval and future “developer’s agreement” to be reviewed by the board.
The fifth hearing, Sept. 22, is a continuation of hearings begun Sept. 26, 2018; Oct. 24, 2018; May 29, 2019; and June 2, 2021.