Middle Township Planning Board Approves Amended Plans for Conifer Project

COURT HOUSE – The Middle Township Planning Board conducted a public hearing Aug. 28, concerning the application of Middle Township Housing Associates, LLC for approval of amended plans for construction of a 48-unit, affordable multi-family rental development with a community building and associated infrastructure at 8 Railroad Avenue.
The applicant’s team was represented by Charles Lewes, senior vice president for Conifer Developers, Mary Johannesen, the architect, David J. Fleming, the project design engineer and David Oberlander the attorney representing the corporation.
Since the approvals for the original plans were approved years ago, the specific relief to be sought included:
1. Amended preliminary and final site plan approval
2. Such variances, submission waivers, design waivers, relief from the requirements of the Residential Site Improvement Standards and other approvals as may be necessary to permit the requested change development in accordance with the plans as submitted or with such changes as may be approved by the Planning Board.
These two amendments were sought after the DEP requested additional setbacks amounting to 3.3 acres to protect the breeding area of the tiger salamander. Conifer engineer Fleming came up with a revised plan and DEP issued the CAFRA permits.
Fleming gave a presentation complete with design plans, contrasting the June 11, 2013 “final major site plan” with the changes requested by CAFRA. Following his testimony, Chair Anthony Anzelone summed things up saying, “All you’ve done is increased the buffer for habitat.” Then he called on Board Engineer Vince Orlando to give his report.
Orlando’s report said the changes were “minimal to the plan.” The only thing he recommended was a four-foot fence for the 100 storm event basin. Fleming agreed and said “We’re OK with that.”
“We’re fine with you being OK with that,” Anzelone responded. “Not that you have much choice.”
Daniel Lockwood was the only board member with a question. It was about the cutting of trees. Fleming assured him that the area was minimal and “nuanced.”
Public Comment
Before opening the floor to the public for comment Anzelone requested that the comments or questions be kept to the changes under consideration. He added that the requested changes were minimal and predicted, “They will be approved.”
Goshen resident Elieen Fausey brought to the attention of the Board a Tort Claim Notice filed by Railroad Partners and Conifer. She maintained that this might have played a part in the outcome of Planning Board decisions. She also produced a letter from a Dennis Hamlin an official with Fish and Wildlife, which demonstrated confusion about the location of the project due to a misnaming error.
“I know more about this project than I want to know,” said Fausey expressing the hope that the board would take this opportunity to become more conversant with the facts, which she believed were ignored.
“The board does not go out and do its own investigative work,” Anzelone informed her. He also told Fausey he “appreciated her work on this.”
Bette McGurk of Court House was up next and returned to the theme of the Tort Claim Notice. Board Attorney D. Stefankiewicz explained that a Tort Claim Notice means “there could be a law suit coming.”
“The whole process was skewed from the start,” McGurk declared. “People didn’t want to be named personally in a law suit. Also the public was not informed of this Tort Claim.” This brought howls and denials from Anzelone and Board Members S. Copson, Butterfield and Paul Ekstrom.
“I have never been told by anyone that I was potentially part of a law suit,” McGurk said.
“Are you saying that the board’s vote was swayed under threat or intimidation?” Butterfield asked McGurk.
McGurk denied having said that.
“I’m kind of used to being rather insignificant here,” said Sam Kelly a Swainton resident and Democrat running for Middle Township Committee, when it was his turn to speak. “We are facing gridlock and environmental disaster.”
The board voted unanimously on approval of the changes.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.