Conference and Public Hearing s1

City of Trenton Planning Board Conference and Public Hearing Thursday, May 14, 2009 Trenton City Hall

Members in Attendance: Joe Cooley, Chairperson Stephen Doyle Jeff Halpern Barbara Haynes Peter Yull Ronald Zilinski

Staff in Attendance: Andrew Carten, Director of Division of Planning Robert Leventhal, Planning Board Attorney Cherry Oakley, Planning Board Secretary

CONFERENCE SESSION

A quorum was verified and Chairperson Cooley called the meeting to order at 7:10 pm.

Mr. Yull made a motion to adopt the minutes of the last meeting and public hearing and Mr. Doyle seconded the motion. All were in favor.

Mr. Yull made a motion to memorialize resolution #34731AA approving an amended preliminary site plan application, final site plan application, and parking variance for Historic Trenton Temple at 100 Barrack Street. Mr. Doyle seconded the motion. All were in favor.

Mr. Yull made a motion to memorialize resolution 09-NC617 approving a minor site plan application, waiver of Public Hearing, Waiver of Site Plan Check List Items for Habitat for Humanity of Trenton, LLC for project at Clinton Avenue. Mr. Doyle seconded the motion. All were in favor. Mr. Carten noted that the applicant did provide a drawing of the site plan with lighting highlighted and the location of the driveway in the rear of the building as per the condition.

Mr. Yull made a motion to memorialize resolution confirming the review of the capital project from the Mercer County Improvement Authority (MCIA) at 80 Hamilton Avenue Trenton, NJ. Mr. Zilinski seconded the motion. All were in favor.

Tonight case #2 is cancelled because they noticed for a meeting on May 28, 2009 and they will appear at that Public Hearing.

1 The Department needs another amendment to the Redevelopment Plan for the Lamberton Area to allow for the expansion of the Girls and Boys Club in that area. The Division is recommending June 25th to hear that presentation.

The applicant tonight had to put the units down to grade because of the COAH requirements for ADA accessibility due to 4 units or more being put together in a project. Ramping in the rear of the buildings was not feasible. The increase in the impervious surface required them to demonstrate that they would be improving the water absorption and quality of water runoff in this area. They were unable to do this and this resulted to them having to secure a waiver from the Department of Community Affairs (DCA). One of the concerns that the Division has is around the sense of privacy that is now gone with the change in the site plans.

The applicant has already been working with prospective homeowners to occupy the space. This applicant has had their funders rescind their commitments to finance the entire project and they are concerned that the longer this site plan goes unimplemented the property will go undeveloped because funding will continue to erode. The large open green space on the new plans is supposed to help with their storm water management requirements but there is concern about the upkeep of this space.

Next meeting: no information shared

PUBLIC HEARING

Chairperson Cooley called to order at 7:40pm.

Mr. Leventhal made an announcement that Application #2 will not be heard tonight and instead will be heard on May 28, 2009 and no additional notice will be given.

Item #1- 50257A- Amended Preliminary and Final Site Plan Application, Amended Preliminary and Final Major Subdivision, bulk variance relief, relief from minimum lot size requirements, relief from the NJ Residential Site Improvement Standards for parking: The applicant previously received preliminary approvals to construct a 32 unit townhouse project on this site. He amended application seeks approvals to construct twenty new town homes with associated improvements and 30 off street parking spaces, the applicant will also form a homeowners association to maintain common open space: Location of Development: 879-939 East State Street; City Tax map Block 26501, Lots 1-8, Block 26502, Lots 1-8, Block 26503. Lots 13-19, 32: Applicant: Better Community Housing of Trenton, Inc. 794 East State Street Trenton, NJ 08609.

2 Daniel Haggerty, Esq. of Stark & Stark of Princeton, NJ described the previous site plan that was approved and the need to downsize that project due to economic constraints brought on by the state of the economy. He noted that the amended site plan proposes to construct 20 units instead of 32 units. He introduced the guests that accompanied him tonight.

Mr. Haggerty noted that the applicant has replied item by item for the comments provided on the amended site plan. He noted that he will submit those written responses will be marked as Exhibit A-1 CMX letter of May 12, 2009 to Mr. Fran Goeke. Marked as Exhibit A-2 the CMX letter of May 13 , 2009 reply to Mr. Andrew Carten and Exhibit A-3 was the May 13, 2009 response to Mr. Taylor.

Mr. Russel DiNardo, Director of Design of HACBM Architects Engineers Planners, LLC of Lawrenceville, NJ was sworn in and presented his credentials and was accepted as an expert in the engineering field before the Board. Presenting a 11x14 packet of reduced plans for the Board’s reference, marked as Exhibit A-4, as he described the new features and dimensions of the units in this project. The materials to be used are the same palette and materials that were presented previously on the original site plan. He noted that the stairs that were previously on the plans have been eliminated and the units were made accessible from the front due to the COAH requirements for accepting the Balanced Housing Funds.

Mr. Haggerty noted that the minimum lot size requirement in this area is 1500 sq. but in 2007 this applicant was given a variance for 927 sq. ft.. The changed plans have 1325 sq.ft. of lot size. If they comply with the comments recommendation to eliminate the second sidewalk then the lot size would come within 10 sq ft. of complying with the requirements, with the smallest lot size being 1490 sq. ft. The building foundation is set back 2 ft. from East State Street and the building overhang comes within 1/3 of a foot to East State Street. The Redevelopment Plan states that the structure should match the frontage of the existing units on that street. The face of the property has been brought back in order to avoid overhang of the property line but that the frontage looks like it matches the frontage of the other units in the area.

The parking plan under RSIS says there should be 48 parking spaces and this project is proposing 30 parking spaces, which actually exceeds the City’s parking plan requirements. But due to the RSIS standards the applicant is seeking relief from the requirement.

Mr. Haggerty noted that conditional approval was granted by the County Planning Board yesterday and a letter is forthcoming. The applicant reported that they agreed to all conditions the County put on the project. The applicant reported that the conditions are as follows: . Test Kits for the property and those kits used once the project is built . The County will not allow any street trees to be planted on East State Street, which is a County Road; the City will need tow work these details out with the County authority. The applicant is willing to plant the trees

3 . Detail State Street on the plans . The County wants a waiver for the storm water retention management on this site pursuant to the RSIS standards

Mr. Dinardo noted that they are proposing a privacy fence for each homeowner. The decorative fencing will be located only along the west side of the site. He also provided a cut sheet for the 6 panel exterior door, which was marked as Exhibit A-5.

Mr. Zilinski asked about details for any anticipated water maintenance problems with the lowering of the basement levels possibly yielding water collection in the basements. Mr. DiNardo noted that they have checked all of the water levels and there will be a sump pump located in the basement to handle any water trouble. However, their studies indicate that there should not be any problems.

The lower back dining area can be converted to an adaptable bedroom. Each unit is air conditioned.

Mr. Joseph Hanrahan, Principal of CMX of Manalapan, NJ was sworn in and presented his credentials and was accepted as an expert in his field. He walked the Board through the subdivision plans in terms of circulation, lighting, site layout, and storm water management. He also noted that the County does not allow trees within the right of way on roads for which they are responsible. Although the County offered no explanation for why they would not allow the planting of street trees on this road he surmises that the roots of the trees may cause difficulty with the maintenance of the roadway, which is why it was disallowed. There will not be anything located in the open space.

Mr. Haggerty noted that the Homeowners’ Association will be responsible for the maintenance of the parking lots, maintenance of the open public areas of grass, and to provide snow removal. Father Brian McCormick was sworn in to talk about the Homeowner’s Association, the Association fee, and the construct of the payment of the cost of the mortgage held by Better Community Housing. He noted that in this area the open space property and the taxes on it become the responsibility of the Homeowners Association. The plans are that there will be a $420 per year Homeowners Association fee per property owner. They anticipate the property taxes to be $820 per year. What was submitted to the State as the total annual housing cost is $3,218 per year. Better Community Housing plans to have this amount reduced through the conversation and cooperation of the homeowners in this area. Father McCormick stated that the open grass area is doable, but the maintenance of the macadam top of the parking area has not been figured out and this is admittedly a concern that needs to be figured out. The Board stated that they have significant concern about what this means for the future. Father McCormick noted that these homes will be available to someone of 13% of median income, which does not exist anywhere in the City. All 20 homeowners are currently lined up and have a “While You Wait” Contract that obligate the potential homeowner to remain in contact and put in some sweat equity to build and maintain these homes. The 20 homeowners have been waiting 7 years and have stayed connected to the project.

4 Better Community Housing has raised $2M dollars over the past 2 years to support the applicant’s housing projects. Mr. Doyle offered and explained a suggestion about how they can privatize the yards, reduce the impervious coverage, and move the parking lot closer to Freeman Lane and this would eliminate most of their runoff difficulty. The applicant thought it was an idea that had merit and although it has some drawbacks if a neighbor doesn’t maintain their space, it is something to take to DCA if they run into a problem with having to implement storm water runoff management.

Chairperson Cooley asked if there was anyone in the audience who wanted to speak for or against this project. With no answer from the gallery the following votes were set forth:

Approval Amended Preliminary Site Plan Application Member Aye Nay Ab- Motioned Seconded stain Joe Cooley, Chairperson X Stephen Doyle X Jeff Halpern X Barbara Haynes X X Peter Yull X X Ronald Zilinski X

Approval Amended Preliminary Major Subdivision Member Aye Nay Ab- Motioned Seconded stain Joe Cooley, Chairperson X Stephen Doyle X Jeff Halpern X Barbara Haynes X X Peter Yull X X Ronald Zilinski X

Approval Bulk Variance, Relief from minimum lot size requirements, relief from NJ Residential Site Improvement Standards for parking, and relief from maximum lot size requirements Approval Final Major Subdivision Member Aye Nay Ab- Motioned Seconded stain Joe Cooley, Chairperson X Stephen Doyle X Jeff Halpern X Barbara Haynes X X Peter Yull X X Ronald Zilinski X 5 Approval Final Site Plan Application with all conditions as set forth in comments Member Aye Nay Ab- Motioned Seconded stain Joe Cooley, Chairperson X Stephen Doyle X Jeff Halpern X Barbara Haynes X X Peter Yull X X Ronald Zilinski X

CANCELLED-- Item #2- 09-Perry- Preliminary and Final Site Plan Application, Conditional Use Permit, Bulk Variance relief (existing conditions), Parking Variance—The applicant proposes to renovate second floor of an existing 2 ½ story brick building for multi-purpose space and construct a 14’ 8” by 17’ 11” stairwell and entrance on the rear exterior of the building. Location of Development: 118 Perry Street, City Tax Map, Block 10, Lot 7101: Applicant: Pentecostal Assembly of Christ Church, 118 Perry Street, Trenton, NJ 08618

With no other business before the Board the meeting was adjourned at 9:35pm

Respectfully submitted by Cherry Oakley