TOWNSHIP OF WASHINGTON—Attorneys for the township and an applicant proposing to build a reduced 66-unit subdivision—including 42 single-family homes and 22 townhomes—agreed at a June 2 hearing to iron out unresolved issues, including how many trees need to be replaced, before a likely final Planning Board hearing at the July 21 meeting.
The hearing was the fourth hearing, including two in 2018 and one in 2019, on an amended application to build single-family homes and townhomes on a 14.32-acre tract off of 463 Van Emburgh Ave.
A decision was delayed as several board members needed to read transcripts of prior meetings and questions remained to be answered by the applicant’s engineer.
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.
Concern about tree replacement plan
When applicant engineer Brian 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.
The issue of the township’s declining tree canopy was chronicled in a recent environmental committee report, including its negative impacts on township quality of life.
Previously, the applicant had presented the plan as requiring no variances, but the public notice states “applicant seeks such other approvals, relief, waivers, exceptions, and/or variances as may arise during the course of the hearing pursuant to the LUL (land use law) and Municipal Land Use Law.”
Murphy said 820 trees were to be removed, which would require over 1,600 trees to be replanted, a task he called “physically impossible.” He said the applicant would plant the 430 trees indicated and that he would specify how many shrubs would be planted.
Moreover, the board attorney raised questions about how many total shrubs were to be planted.
Mayor Peter Calamari suggested the applicant donate a certain monetary amount per tree to help boost the town’s tree canopy if all trees could not be replaced on the site.
Applicant attorney Ron Shimanowitz said via more discussion on the issue he hoped that the applicant and township “could figure something out along those lines.”
Board Attorney Lou Lamatina said the applicant’s and township engineers would work on a solution for compensating the township for tree replacement.
The contentious and long-delayed proposal on the 14-plus acre Viviano tract was cordial from the start, with Ron Shimanowitz, attorney for applicant James A. Viviano, and Lamatina—Emerson’s immediate past mayor—at one point noting they had known each other for two decades and would work cooperatively to help resolve details and questions that remained before a final board vote.
Over the course of a nearly 2.5-hour meeting June 2, the applicant presented one witness, engineer Brian Murphy, who walked planning Board members through the amended preliminary site plan that included 66 units, reduced from 73 originally proposed. The applicant said that concluded its planned testimony on the proposal.
Neighbors’ settlement to be included
Moreover, John Lamb, attorney for Concerned Citizens of Washington Township, provided a detailed breakdown of a signed settlement agreement reached between nearby Katharina Place homeowners, and the applicant. Lamb urged planners to include the settlement’s terms into the development’s final approval resolution.
Lamatina told Lamb that the Planning Board resolution of approval would reference the terms of the neighbors’ settlement agreement with Viviano. Lamb said the agreement specifies terms relating to landscape buffers, reduced number of lots behind Katharina Place homeowners, a buffer maintenance agreement, and a provision noting the agreement holds the applicant accountable for any future stormwater runoff impacts.
Lamb said he would hold off making any comment until Township Engineer Paul Azzolina can review the proposed project’s stormwater management system design and any impacts on the settlement agreement that the applicant signed off on with neighbors.
“Essentially, we are supporting the application,” Lamb said, stressing that nearby homeowners want the stipulations agreed upon to be memorialized in the final township subdivision approval.
Shimanowitz said an affordable housing settlement on the Viviano tract in 2001 led to special zoning for the site as a Planned Single Family/Townhouse Zone District.
Shimanowitz said the applicant was seeking amended preliminary site plan approval, amended preliminary subdivision approval, final site plan approval and final subdivision approval.
He said the revisions and relief sought included reconfiguration of sanitary sewers, which included a new on-site pump station and force main to push wastewater to the Ridgewood Sewer Service utility; a reduction of units to 66 and a reduction in lots on site; one variance, for a reduced replacement of removed trees as required under a local tree replacement ordinance; and changes due to an agreement with Concerned Citizens of Washington Township that reflects a settlement and should be included in a final approval.
Member Tom Sears, recently returned to the Township Council, asked about the locations of future fire hydrants in the new development and was told they would comply with current state code.
When member Leonardo Sabino asked whether any units were set aside for affordable housing, Shimanowitz said the original 2001 legal settlement on the Viviano property included a provision for Viviano to pay per unit towards a Regional Contribution Agreement (illegal in New Jersey since July 2008) and provide funds to Bayonne to construct affordable housing units there.
Sears asked whether the applicant had paid about $370,000 for its affordable housing obligation and Shimanowitz said no funds had yet been paid, and would only be paid out once a building permit was issued and then when a final certificate of occupancy is issued. Lamatina said the township was under no obligation to pay off this nearly two-decade-old regional contribution agreement amount.
Previously, under an RCA, municipalities could “send” up to 50% of their local affordable housing obligation to “receiving” municipalities.
RCAs were abolished by former Gov. Jon Corzine in July 2008. Opponents charged then that they were against the spirit of the Mount Laurel legal decision and alleged that RCAs only helped to perpetuate segregation and concentrated poverty in the state’s inner and often poorer cities.
It was unclear how, or if, Bayonne could still accept funds under the now-defunct RCA provision that the state no longer employs as a tool to facilitate affordable housing.