Planning Board Delays Vote on Colonial Road Project

Developer GS Realty finished presenting their revised application for a housing project on Colonial Road at the Franklin Lakes Planning Board meeting last week, but the board voted to wait on making a final decision about the application until their next meeting.

The plan calls for the construction of two buildings, totalling 87 housing units on the site. Project engineer Richard Moralle said they would no longer be subdividing the property after considering comments from the board at the prior hearing. Moralle said he had also added other changes at the board's request, including a pedestrian bridge over a stream, fire hydrants and concrete pads for backup generators.

The board decided to delay their decision so Board Attorney John Spizziri will have a chance to review an agreement between Franklin Lakes and GS Realty that was originally made between the borough and previous developer Colonial Road Associates in 2001 following a lawsuit against the borough over affordable housing, which all muncipalities are legally required to have. The agreement was later revised in 2006.

"We have to err on the side of caution here," board member Jay Lazerowitz said.

In the most recent version of the amended plan for the housing project, 18 of the 23 units in the second building would qualify as affordable housing. In a previous version of the plan, the affordable housing units had been spread between both buildings.

Mayor Frank Bivona said he was not sure that GS Realty's plan upholds the agreement and that the project may need approval from the mayor and council in addition to the planning board. The council would not be weighing in on the architectural and engineering issues that fall under the planning board's jurisdiction.

"I think, technically, you're in default of this agreement," Bivona said.

Stephen Sinisi, the attorney representing GS Realty, said that he believed some aspects of the agreement have been superceeded by a 2009 state law which allows developers to convert age-restricted housing and remove the age requirements.

Spizziri said he would have an opinion for the board at their February 1 meeting.

The application also faces a conflict with the borough over an ordinance which requires backup power generators capable of running elevators, heat and electricity in the event of a blackout. Project architect Thomas Barton said the required generators for the two buildings would cost about $500,000. Sinisi said the ordinance may be in conflict with state building code, which does not require backup power for as many building functions.

Barton told the board that the plans include backup batteries for emergency lights, but not for all the uses that the ordinance requires.