BASKING RIDGE, NJ — An application to build a 125-unit senior housing complex off Morristown Road and Route 202 was "technically denied" by the Bernards Township Zoning Board after a 4-3 vote.
Board Attorney Steven Warner said the vote at the Oct. 28 meeting fell short of the five affirmative votes required for the requested variances.
The board had heard five hearings on the application seeking preliminary and final major site plan approval, a D1 use variance, a D4 floor area ratio variance, bulk variances and design waivers.
The proposal was looking to remove two office buildings and construct 125 high-end luxury active adult townhomes for ages 55 and older with related amenities and include 25 affordable units on site.
During deliberations, board members spent much of the discussion on whether the proposal fit the township's zoning plan and whether the density was appropriate next to nearby residential zones.
Chairperson Lisamarie Baumann said she thought this residential development was a far better use than a commercial development.
"I think what you've presented is beautiful, but I'm having an issue with the density," said Baumann.
"I do like the idea of it being residential, but to have this cluster of 125 units next to single-family homes on 3/4 acre lots and across from 1-acre lots. That's where I'm challenged," said Baumann.
Donna Jennings of Wentz Goldman and Spitzer, representing the applicant, argued the project's density should be viewed in light of affordable housing rules and the size of the site.
"You have to remember it's on 32 acres and we're doing a 20 percent affordable housing set aside," said Jennings.
Jennings also said, "We're only four units to an acre. You're not going to find another project that's going to provide affordable housing at that rate."
During public comment, Rose Salaki of Morristown Road told the board she reviewed the township zoning map and argued that commercial land is limited.
"It's getting full. It's really getting very full," she said.
Salaki also cited the township master plan and said, "I feel this is an intrusion and a new development."
She objected to demolishing the existing buildings and raised concerns about water resources, traffic and the township's ability to support more development.
Another speaker, identified in the hearing as Stacey Molinari of Franklin Drive, said she had concerns about schools, traffic and whether the units could ever be converted from age-restricted housing.
"This is overdevelopment," she said.
She also told the board, "I don't buy at all the testimony I heard around the traffic. Not for a second."
The board then moved to a vote on a motion to grant the application with previously stated stipulations and conditions.
The roll call produced four yes votes and three no votes.
After the vote, the Warner said it was "a 4-3 statutory denial" because five favorable votes were required for the variances sought.
Warner then stated, "The application was technically denied."
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