RIVER VALE—The Joint Planning Board is set to take up what could be the final hearing for a development of 13 townhouses with two affordable apartments at the corner of Rivervale Road and Collignon Way when it meets March 30 at 7:30 p.m. at Town Hall.
The Collignon Estates proposal at 234 and 238 Rivervale Road, a 1.25-acre site, originally started off as a 14-townhome development but was scaled back over concerns about required affordable housing set-asides.
The property is in the township’s commercial “C” zoning district, which does not permit townhouses or apartments. The applicant is before the board seeking a use variance to permit townhouses and apartments.
The proposal requests two “D” or use variances: one to permit 13 townhouses and two apartments in a commercial zone where currently they are not allowed; and one to exceed maximum allowable density.
Moreover, the proposal requests 10 so-called bulk, or “C” variances on items such as maximum building height and maximum stories allowed.
Both prior hearings before the Joint Planning Board were held on Zoom, allowing residents unable to attend or wary of Covid-19 to watch the proceedings. The board made a decision at its last meeting to revert back to in-person meetings.
At its hearing Feb. 16, questions arose over building heights at individual complexes, or pods, and how high they appear to nearby residents and passersby. Much public comment and criticism has focused on the housing density being proposed — 15 units on 1.25 acres — as well as potential traffic and public safety concerns raised by residents and an attorney for a nearby development, Lindvale Gardens.
Attorney Jameson Van Eck, representing Lindvale Gardens residents who oppose the development, cross-examined the applicant’s engineer and architect on Feb. 16. Van Eck questioned the height calculation method used by the applicant.
The applicant said his height calculation method was vetted by borough engineer Chris Statile, and used average grading around the building to each building’s highest point.
Van Eck charged that the method did not follow local code, which required height calculations to be made from the curbline, not average ground-level building grades.
He charged another “D” or use variance for height would be needed if local code was not followed.
Statile said zoning officials use grade calculations every 10 feet around the building footprint. Van Eck charged that Statile was “interpreting” the building height zoning code, and a decision needed to to be adopted by the board to agree or disagree with Statile’s interpretation.
At that point, Board Attorney Marc Leibman said the board must ultimately decide whether to adopt Statile’s height calculation methods, which may add a use variance or later lead to a legal challenge.
On Feb. 16, applicant engineer Steven Napolitano, SNS Architects & Engineers, Montvale, explained newly proposed changes. These included that two new affordable units will be constructed in one existing townhouse unit. This change will increase that building’s width by 5.5 feet.
He said the two affordable apartments will be added to the southernmost unit in Pod D, a townhouse complex whose northern side abuts Collignon Way. Pods D and C both contain four townhome units apiece, situated to the rear of the site.
Napolitano said the driveway on Rivervale Road will be entrance-only, as recommended by Bergen County Planning Department and that 36 parking spaces will be provided, while only 35.3 are required under Residential Site Improvement Standards (RSIS) set by the state, which supersede local code.
Moreover, Napolitano said that all roof drains will flow into an underground piping system that empties into dry wells on the property. In addition to two use variances being requested, the proposal also requests 10 minor bulk variances.
The applicant also seeks a major soil removement permit to allow soil moving activity in excess of 1,000 cubic yards.
Public notices can be found at njpublicnotices.com.