Thursday, April 11, 2013
Further states that by the governing bodies lack of action, the application meets all criteria for approval
After years of the borough providing documentation showing that the United Water property would be best utilized for affordable housing units, the project planner for the proposed development of the 13-acre United Water property has stated that by New Milford's inaction, the mixed-use project is inherently beneficial to the town. Peter Steck concluded his testimony during Tuesday evening's Zoning Board of Adjustment meeting where he placed the onus of the Mayor and Council's decision to not rezone the property the impetus for the need of a D variance. "The governing body could have zoned this site to hold all of the [affordable housing] units, but they did not do that," Steck testified. "We deserve merit approval of this application …
Wednesday, April 3, 2013
The proposed United Water property hearings before the New Milford Zoning Board of Adjustment is closing in on its final meetings
After over 30 regular and special meetings before the Zoning Board of Adjustment, the hearings for the proposed development of the 13-acre United Water property is nearing a close. Development attorney Andy DelVecchio called two of his three final experts last week and is expected to conclude his presentation on April 9. The proposed mixed-use development includes a 70,500 sq. ft. supermarket, a 4300 sq. ft. bank and a significantly pared down housing component--24 units down from an original 221 units. "I'm getting close to concluding direct presentation for the application," DelVecchio said. At the last Zoning Board meeting, he called forth supermarket architect Thomas Ashbahin and engineering expert Michael Dipple. According to Ashbahin…
Friday, March 1, 2013
Hekemian's traffic expert returns to answer the public's questions regarding her previous testimony.
Hekemian's traffic expert, Elizabeth "Betsy" Dolan returned to the New Milford Zoning Board to answer questions regarding the testimony she gave on her revised traffic impact study. The study was prepared in support of the proposed development of the 13-acre United Water property--a mixed-use development that includes a 70,500 sq. ft. supermarket, a 4300 sq. ft. bank and a significantly pared down housing component--24 units down from an original 221 units. The analysis —prepared by Dolan & Dean Consulting Engineers LLC of Martinsville —assesses the existing infrastructure in the vicinity of the site, identifies existing traffic patterns, and projects future traffic volumes. Also included is an assessment of future roadway and intersection…
Wednesday, January 9, 2013
The Zoning Board of Adjustmentdenies motion made by counsel for Councilman Austin Ashley that the revisions made to the site plan application constitutes a new application,
The Zoning Board formally denied a motion made by Marc Leibman, the attorney who had represented Councilman Austin Ashley against the development of the United Water property, that the revisions made to the site plan constitutes the need for the filing of a new application. (Leibman, appointed New Milford's Borough Attorney, has removed himself from representing Ashley in this matter.) With the exception of Peter Rebsch, all of the Board members voted to consider the revisions an amended application, thereby allowing the hearings to proceed as scheduled. In presenting his motion to the Board for consideration during the December meeting, Leibman cited the case of Lake Shore Estates v. Denville Township, and said, "This is a substantially …
Wednesday, December 12, 2012
The New Milford Zoning Board of Adjustment will make a decision in January whether the latest revisions constitute a new application and have the process start over
The bombshell dropped at Tuesday's Zoning Board meeting was delivered by Marc Leibman, the attorney representing Councilman Austin Ashley against Hekemian's development of the United Water property. Citing that the changes in Hekemian's recently revised site plan application are 'substantial,' Leibman told the members of the Zoning Board to toss the current application before them and require Hekemian to submit a new one. To support his request, Leibman said that the courts have ruled that an amended application can be treated as a new application and read the following passage from New Jersey Zoning & Land Use Administration, the book containing municipal land use law: Where an amended application is substantially different from the …
Monday, December 3, 2012
Radical changes to residential component to make room for flood storage basin
Hekemian has submitted substantial site plan revisions to the proposed development of the 13-acre United Water property. The revisions, which replace a considerable number of proposed housing units and the proposed restaurant with flood storage basins, appear to be designed to alleviate the public's concerns regarding increased flooding in that area should the development be approved. Planning Board attorney Scott Sproviero told Patch that the revised architectural drawings that Hekemian has submitted to the Zoning Board reflect substantial modifications of the original plans. Sproviero said that these changes include "radical reductions in the scope of the residential project and substantial provisions for what appears to be flood …
Wednesday, November 21, 2012
Revisions to Hekemian's proposed development of the United Water property includes the removal of Sycamore trees that line River Road.
During Monday's meeting of the Zoning Board, Steve Perrone, chairman of New Milford's Shade Tree Commission, questioned Michael Dipple, engineer and principal of L2A Land Design in Englewood, regarding the proposed removal of long standing Sycamore trees along River Road to accomodate the proposed development of the United Water propery. Specifically, Perrone questioned the addition of the left turn lanes that will necessitate the widening of River Road. According to Dipple, this widening will result in the need to remove a number of the Sycamore trees that currently line River Road. Perrone informed Dipple the trees marked for removal were Heritage trees, and protected under borough ordinance. Borough ordinance defines heritage trees as "…
Thursday, October 25, 2012
Fearing the Elm Street Bridge will be a cut-through for traffic generated by the proposed development, Oradell's counsel informs Zoning Board that Oradell will be submitting their own traffic report to the Board.
Louis Flora of the law firm of Giblin & Giblin in Oradell appeared before the New Milford Zoning Board last week to inform the Board that on behalf of Oradell, he will be submitting a traffic report regarding the traffic impact that the proposed development of the United Water Company property will have on Oradell. The proposed development includes a 70,500 sq ft supermarket, 4300 sq ft bank and 221 residential units with four-story 428-spaced parking garage. In Oradell, residents are concerned about any impact to New Milford Road and on Elm Street once the bridge rehabilitation has been completed and is open to the public. Oradell's Borough Engineer Marisa Tiberi stated on Tuesday that the rehabilitation project is nearing completion to …
Friday, October 19, 2012
Hekemian called Shop Rite's produce manager as a witness in Thursday's special hearing of the Zoning Board. The question the audience was asking is "Why?"
Joseph Pagano, Director of Produce for Inserra Shop Rite, testified as a factual witness on behalf of Hekemian at Thursday's special meeting of the Zoning Board devoted entirely to the hearing of the proposed development of the United Water property. Why did Hekemian call a produce manager as a witness? The people sitting in the audience are still scratching their heads trying to figure that out. Attorney for the applicant, Antimo "Andy" DelVecchio spent an hour establishing Pagano as an expert in the produce/refrigeration aspect of Inserra's Shop Rite, New Milford which is one of the stores that Pagano oversees. However, DelVecchio objected at almost every turn when the public attempted to question Pagano about traffic, parking, and …
Friday, August 17, 2012
While the New Milford Zoning Board heard about the proposed United Water development's impact on traffic in New Milford, Oradell residents expressed their concerns in their home town
While audience members and the New Milford Zoning Board heard from traffic engineer Elizabeth "Betsy" Dolan Tuesday night on the possible traffic impact and trip generation by the development of the United Water property, the Oradell governing body listened to its own residents concerns and considered what steps could be made on their part. "I view the traffic concern as an economic issue," Maple Avenue resident Regina Little said. "When you have more traffic you are required to use a higher quality material for repairs which would impact the budget. I'm also concerned with the question of flooding, this project would add impervious coverage to an area that could force water into the electrical generators, our cellars; it's a disaster …
Todd vandeweghe
4:35 pm on Thursday, October 25, 2012
No parking concessions, 470 spaces minimum. We have zoning laws to protect towns from over development.Why bend for a development we don't want. Tell Hekemian if he doesn't like it he can build single family homes for which it is zoned for and he doesnt need any changes. more ›