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Builder gets board's OK for compromised plan
Neighbors voiced concerns about proposal for multi-family home
BY MICHAEL ACKER Staff Writer
SAYREVILLE - A borough property owner will be able to build a multi-family home with two residential units after scaling back his plans in light of neighbors' concerns.
The Zoning Board of Adjustment reached an agreement March 26 with the property owner, Robert Downey, principal of Gump Industries, to lower the number of units from three to two in the building Downey proposed on Brookside Avenue. The board then voted in favor of the application, subject to the approval of the new plans by the borough's professionals.
Attorney JohnWisniewski, also a state assemblyman and head of Sayreville's Democratic party, represented Gump Industries for this application. Gump applied for a variance to construct the multi-family home in the R-7 residential zone. Downey, who currently uses the location as a storage site for his construction business, said he has owned the property for four years.
Downey noted that there is an industrial property across the street and several single- and multi-family homes in the vicinity. He sought approval for a single building with three residential units. The wood-frame structure would have a Colonial style.
"I'm going to hold ownership," Downey said, adding that he will rent the units out.
Zoning Board ofAdjustment Chairman Michael D'Addio asked Downey if he was aware that he could only build a singlefamily residence in that zone when he bought the property. He said some of the multi-family homes in the area are pre-existing, non-conforming uses.
"You knew as a builder [that] a lot in an R-7 permits one house," D'Addio said.
Downey responded that he has been familiar with the neighborhood since his childhood, but he didn't think that the property was restricted since the neighborhood is "a mixed-use area."
"I didn't think it was restricted to one house," Downey said.
Downey planned to provide 12 parking spaces, including two for handicap users, to accommodate the residents of the proposed three-family structure. He said he would handle garbage collection and snow removal privately.
Downey's engineer for the proposed construction, Anthony Pedro, told the board that the site in its current use as a storage yard for equipment and materials is primarily paved. Downey's proposal would improve the site through the planting of trees, grass and other landscaping items, resulting in a net reduction of impervious coverage on the site, Pedro said. He added that the applicant proposed to exceed the mandatory number of parking spaces required for three units, which is seven parking spots.
Downey attained state Department of Environmental Protection permits, demonstrating compliance with state regulations, Pedro said. The DEP is requiring that Downey put up a sign saying that the area is prone to flooding, since elevation is low in the area.
The plan includes a vinyl proxy fence that would go along the northern property line, since the eastern and southern sides already have a chain link fence, Pedro said. The design would require a waiver, since it is a requirement to provide curbing where Downey has planned for water on the site to drain onto the landscaping.
Pedro noted that a traffic study found that the proposed construction would not significantly contribute to traffic in the neighborhood.
Each residential unit would be roughly 720 square feet, Pedro said, with 1,400 square feet of total living space.
Lighting on the site would include three lamps in the parking lot and three wall fixtures, he said. The lighting would not impact neighbors due to shielding, he added.
Richard Lapinsky, Downey's planner for the project, told the board that the roughly 29,000-square-foot property could accommodate the construction of a threefamily dwelling like the one proposed. Using the property for three units, instead of one, he said, would be a more efficient use of the land and would benefit neighbors since the site would no longer be used for storage purposes.
"This clearly is an improvement to the neighborhood," Lapinsky said.
"The integrity of the zoning ordinance will be maintained," he later added.
Board Planner John Leoncavallo suggested that the applicant seek two variances to build two lots on the site, rather than three units. He said that since the typical unit averages 10 car trips per day, the decrease in units would result in a 30- percent reduction in the number of trips made to and from the site.
Leoncavallo later noted that the elimination of the current storage use at the site, which is a nonconforming use in the neighborhood, would improve the quality of life for residents in that area.
D'Addio expressed concerns with the intensity of the site in regard to the proposed density. He suggested that the applicant meet the board halfway with a plan to build two units instead of three.
"I think the relief you are asking for is a lot," D'Addio said. "You are asking to put possibly 12 residents on one lot when there should be approximately four."
Conflict-of-interest allegations
Sayreville resident Nellie Malet told the board she believed a conflict of interest exists in this process. She noted Wisniewski's position as a state assemblyman and chairman of the local Democratic Committee, which has four members on the zoning board.
"This board cannot be objective,"Malet said.
Zoning Board member Thomas Pollando, who is a Democratic Committeeman, took issue with Malet's suggestion.
"I take offense to it," Pollando said. Board Attorney Lawrence Sachs said there was no conflict of interest in this case.
"I don't believe anybody on this board serves to gain any pecuniary interest on this application," Sachs said.
Wisniewski told Greater Media Newspapers later that he believes the allegations were made for personal reasons and were not because of any alleged conflict of interest.
"The only person in the room who wanted to create a conflict was Nellie Malet," Wisniewski said.
"I think the process speaks for itself that the board had made up its own mind based on the facts," he added.
Malet said later that she still believes Wisniewski's roles as Democratic chairman in Sayreville and as assemblyman made for a conflict of interest in this matter.
"I don't think that's personal," Malet said. "I think that is in the best interests of the community that he not give the appearance of a stacked deck."
Neighbors voice concerns
Jerry Ryan, who lives next to Downey's property, expressed concerns about the development's impact on the quality of life for neighbors. Aesthetically, the fact that the house is going to be sideways and will not face the roadway is a negative characteristic of the plan, he said. He added that he is not opposed to the site's development for a residential property, but he is concerned with the number of units that were proposed.
"I think we need to look at quality of life on our street and our neighborhood," Ryan said.
Neighbor Joseph Fontanarosa also expressed concerns, noting that the narrowness of the road prevents two vehicles from passing when cars are parked on the sides of the road.
"I think it's a detriment to our neighborhood that these homes are being built," Fontanarosa said, adding that a threefamily condominium would not mesh with the neighborhood.
"Not on Brookside Avenue," Fontanarosa said. "We are a small, little neighborhood. It doesn't fit in."
Wisniewski responded to concerns voiced by residents about flooding in the area.He noted that since the amount of pervious area is going to be increased on the site, the flow of water to the nearby brook is going to be reduced. He also said the side of the house can be improved aesthetically to make it lookmore like the front of the property.
"We can architecturally dress it up to make it more appealing,"Wisniewski said.
After the public portion, the board took a five-minute recess. When they went back into session,Wisniewski told the board that Downey would agree to build two units on the property, rather than three.
Sachs said the applicant should submit newplans to the board in order to amend the proposal. The board then voted unanimously to approve the application, subject to reviews by the board's planner and engineer.
Wisniewski said later that the property, which is oddly shaped, is oversized for the construction of one unit and undersized for the construction of two separate lots. The construction of two units in one structure will allow them to avoid issues with wetlands delineations, since the rear of the property is a coastal stream that enters the Raritan River.
Steve Mahn, a resident of Brookside Avenue, said residents were worried about more people moving into the neighborhood who will contribute to traffic on the street, which backs up during peak hours of the day when motorists are attempting to turn onto Main Street.
"If it goes down to two [units], it is a win, because it's one less unit, [it is] less people," Mahn said. "But it depends upon howmany bedrooms they will have in there. People want a family [to move in]. They don't want people to go in there that are going to cause trouble.Everybody knows everybody on that street."
Downey said he was surprised by the reactions of residents. He said he plans to build a high-quality residential property that will improve property values in the neighborhood.
"I certainly think this is going to improve the quality of life," Downey said
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