Tuesday, April 2, 2019

Recap of Lakewood Planning Board Meeting

Eagle Ridge application testimony
Board member "Cross Street and Route 9 could be a catastrophic failure," Traffic engineer says impact will be three times the delay waiting to get onto Route 9 from Cross Street. Cross Street currently is F-the worst level- is 339 seconds waiting. After the build the estimate is 829.  (Five minutes to about 12 minutes is the estimate.) 

Patch.com - 6:30 p.m. Edward Liston, attorney for the Fairways residents opposing the application, has asked one of the Planning Board members -- Justin Flancbaum --to recuse himself because the member sat on the density subcommittee.

John Jackson, the Lakewood Planning Board attorney, refused to allow Liston to ask Flancbaum questions after the man said his role on the density subcommittee was less involved than Liston claims. The attorney for GDMS Holdings -- from the Giordano, Halleran & Ciesla -- said the development requires no variances and is just a general development plan application.



Jackson asked both attorneys for their interpretations of whether the board has to hear the application and has the right to reject the application, or whether it was a "by right" application, meaning the board was constrained to approve it because it meets all the rules,

Liston says the board has the right to reject it based on the potential impact on the community.

Jackson: Whether you want to grant an approval that lasts for a number of years is up to the board.

Is there a need for the type of facility? Is there enough time for the improvements?

"You absolutely have to hear the case," Jackson said.

6:57 p.m. The board is preparing to hear testimony from the engineer for the project, last name Paulus.

Liston is questioning him on his qualifications to speak on the project. This is the first residential general development plan Mr. Paulus has done.

There are three small pockets of wetlands on the site -- one on the west side, and two on the south side. There also is a small pine snake habitat on the site. DEP has approved building on the site.

Jackson is asking for the full potential basement apartments. Not getting an answer. Planning Board member notes that with 556 duplexes there is a potential for 1,112 residential units.

Jackson is urging the audience to be polite and courteous so they can get through the testimony to the public comment where the audience will have a chance to speak.

Jackson asking about the clubhouse, which will remain as is on the property, the engineer said.

The engineer says initially all 27 holes of the golf course would be preserved but would be removed over time. Nine holes will remain at the end.

There is a video presentation showing an aerial artists 3D rendering of what the community would look like when completed.

Residents in the audience are clear in their opposition to this project, with a number commenting negatively as the testimony continues.

The nine holes that remain are on the former Cross Street landfill; those holes are operated by Eagle Ridge but the township owns the property.

Open space plan includes 18-1/2 acres set aside as open space including deed-restricted tree preservation areas.

Water by New Jersey American Water, permits in place. Ocean County Utilities Authority would handle the sewerage needs.

Solid waste (garbage) would be through township or private trash hauler.

Stormwater would be three basins with infiltration.

NJ Department of Environmental Protection has approved the CAFRA permit.

7:20 p.m. There would be four community centers at different points on the site, plus the clubhouse.

School bus shelters for safety. Pocket parks and playgrounds are included.

Five phases for construction, each taking one to five years.

Phase 1 would be 108 units, Phase 2 would be 100 units, Phase 3 would be 104 units, Phase 4 would be 114 and the final phase would be about 120 units.

7:25 p.m. Liston is questioning the engineer about a lot, cited as 2.03. He also is asking about engineer's expertise about stormwater.

He contends the project "so massively changes the hydrology of the area," and will be the reason for rejecting the application.

Jackson's recommendation: under statute physical design "more importantly that it will not have an adverse environmental effect."

Liston moving forward with questions. Closed depression. Liston says no outlet to deal with overflow, and Paulus rejects the idea that the site could flood if the stormwater facilities don't work and be a threat to health.

"There's a potential for ponding." Schneider, the attorney for GDMS says rejecting it on the basis of what "might" happen is not a reason for rejecting it.

Liston asking if Paulus has walked the site. "Some of it," Paulus said.

Owner is pumping water into the forest preservation areas, Liston says, and has photos he wanted to submit as evidence. Jackson says they need to be submitted to the DEP, that these are not relevant to the application.

Retaining walls up to 25 feet? Nothing settled yet.

Liston asked for information whether fill dirt will be needed and Paulus said he hasn't looked at that issue.

Jackson is trying to move things along and asked Paulus to explain where the retaining walls are; most are around the detention basin and some around the forested area.

Liston: The retaining walls are changing the entire landscape of this property. It makes the development worse, it makes it more intrusive.

Planning Board chairman wants Liston to move along. "I'm asking for this to not become a cross examination." Jackson interjects that Liston's questions need to be focused and to the point.

Liston is making Paulus repeat testimony on sites of the community centers.

Lots of conversation in the audience is making it difficult at times to hear questions and answers even with the microphones.

There is a discussion about an easement that is subject of a lawsuit in Superior Court, which concerns the issue of one of the entrances. The engineer said that if the project loses access to the easement it will not affect the project.

A member of the public asked about owners of The Parke at Lakewood LLC and questioned whether the board should even being hearing this project at all.

The board is taking a 5-minute recess and will reconvene at 8:16 p.m.

Reconvened. The meeting will end at 10 p.m. because that is what time the cameras recording it shut off automatically. Justin Taylor is the traffic engineer for the project.

Taylor says the project will be subject to paying a fee due to its impact on traffic because it falls into a Traffic Improvement District.

There are wider roads and sidewalks throughout the development. Minimized cul-de-sacs. The main access will be from Cross Street with a 3-phase signal to handle the project. He says Ocean County is working on updates to the area including a third turning lane on Cross Street. Also proposing a traffic signal at Augusta and Cross.

Board member asking why limiting access to Cross Street. There is a railway that goes through the area and would have to get through the process to get it approved.

Lakewood planning board engineer says it's a very involved process.

Board member: Is the project viable if Cross Street isn't addressed by the county?

Cross Street widening likely won't be completed before the construction of the project would begin.

Board member: that amount of traffic coming onto Cross Street is unreasonable. He says the developer should go through the application process to get a crossing to connect at Faraday Road

Taylor: The township has associated a fee with the impact of traffic. As each developer comes through. The township has the ability to approve intersections even if they are county roads, Taylor says, to put the fees collected to use.

Preliminary analysis is improvement to the intersection is cost of $393,000, he said.

Taylor says the developer's required trip fee would be $345,000.

Route 9/Cross Street. Taylor says traffic will get worse (degradation). "I think it will be within acceptable standards, and the township has anticipated that with the fee."

Cross Street/Route 9 is at traffic service level F. Board member asks: What is the worst level of service? F.

Taylor: Ocean County has generated its own rates for developments with duplexes and traffic impacts.

The rates we are required to use (by the county) are higher than the typical numbers.

Stern, the acting board chairman: Your peak times were wrong for the traffic study. He says a similar project years ago had a similar problem and that the traffic from that project is horrible.

Taylor is standing behind his study in spite of Stern telling him the time of the peak traffic Taylor used is incorrect.

"I'm not trying to bust on you, but I've lived it," Stern said.

(The audience is applauding Stern's statement.)

What if the county does not do Route 9 improvements? Stern says "Can we make it a condition of the fifth phase that it not go forward unless the Route 9 improvements are done?"
Stern is asking Taylor to quantify the delay. Taylor said it's three times the delay waiting to get onto Route 9 from Cross Street. (Five minutes to about 12 minutes is the estimate.)
"Cross Street and Route 9 could be a catastrophic failure," Stern said.

Liston is questioning the traffic engineer. He's questioning the averages Taylor used though they were provided by the county. The traffic studies were done in January 2017. Liston is questioning whether that was appropriate timing for the study.

Taylor says the point of the traffic study is to estimate the relative impact of a project, not the existing traffic.

Liston argues Taylor's job is to minimize the traffic impact.

Taylor said it was to measure the aggregate impact of Lakewood's unique traffic. He said he does not believe measuring the traffic during the peak traffic hours in Lakewood would have made a difference -- Stern said the timeframes are more 9-10 a.m. and 3-4 p.m., but Taylor said the study was done at 7-9 a.m.

Stern is reading from the traffic study. Cross Street currently is F-- is 339 seconds waiting. After the build the estimate is 829.

Taylor says the formula breaks down and doesn't accurately represent the what the traffic will be. There will be an increase in delay on the approaches. Taylor says he can't quantify.

Stern is asking Taylor to quantify the delay. Taylor said it's three times the delay waiting to get onto Route 9 from Cross Street. (Five minutes to about 12 minutes is the estimate.)

Jackson will the fees that are collected actually have the impact to reduce the traffic.

Liston: Mr. Taylor, Do you know long Lakewood has been waiting for improvements to Route 9? You probably weren't born. Jackson: "Mr. Liston, that's not appropriate."

Mr. Klein do you know whom you work for? The Parke at Lakewood LLC? Do you know the name of that person, the owner of the project? Klein says the affidavit of ownership is not revealing all who own the project.

Schneider is complaining about the implication that the affidavit of ownership is not truthful.

Professional planner Brian Flannery about to testify. Liston is objecting because Flannery owns LLC that owns the liquor license at the golf course clubhouse.

Flannery is talking about the general development plan. He says the fact that the room is not full and the fact that the township approved the master plan.

"This plan locks in the development rights of this property. It does not mean it gets built tomorrow. All this does is give the applicant the ability to go back and do the detailed plan," Flannery says.

"We could have come here and asked for some relief. We're asking for something that completely conforms with the master plan," he said.

Traffic issue: "We are going to be addressing the traffic impact,"

The county's fee, Flannery estimates, will be much larger. "We will be giving half a million to a million dollars," he said. Town would get $343,000.

He said the roads have been ignored for some time. Flannery says the traffic issue will be eased by the time a shovel is in the ground. "This is going to be in court."

Flannery says the proposal is the best option for the development because others, he says, would make traffic matters worse. An adult community would allow 4.5 units per acre, and it's zoned for schools as well, he said.

The general development plan is just to get the approval to move forward with more detailed plans that will address issues that are being brought up at this meeting.

Flannery said the CAFRA permit "whittled this project down" and there are more modifications likely.

The general development plan is "by far the nicest" projects he's been associated with, he said.

"Let it go forward. We know it's going to be litigated. When we come back with plans that will be actually develop it, then we will have the details on flooding, on soils," Flannery said.

He says the plan protects open space.

They are carrying the remainder of Flannery's testimony to the next meeting, which is April 16 at 6 p.m.

The hearing is anticipated to go to a third meeting because Liston plans to bring three witnesses to testify on The Parke at Lakewood.

Patch

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