Housing advocates faced yet another setback last Wednesday, while environmentalists and a contingent of residents received a win as the proposal for an age-restricted housing development on the Princeton Ridge was denied, leaving proponents of in-town senior housing looking toward the next project.
In a split vote, members of the Prince-ton Township Zoning Board of Adjustment heard closing arguments from lawyers representing the development, Regal Homes, which sought to place its 96-unit project, Morgan Estates, on two lots east of Bunn Drive, roughly located between Princeton Community Village and Governors Lane. The 4-3 vote denying the application capped a nearly year-and-a-half hearing process that focused on everything from environmental sensitivity to concerns of increased stormwater runoff with opponents saying that the Morgan Estates proposal outlined housing for 55 and up, and avoided the more restrictive federal stipulations involved in 62-and-up senior housing.
And while board members voted 6-1 in favor of developing the lot closest to Bunn Drive, they denied denser development on the internal lot, closer to Governors Lane, effectively killing the proposal. At the end of the day, along with concerns over environmental impact, board members were swayed by assertions that the density variance sought by the developer on one of the lots would actively, though not explicitly, change the zoning in that area, currently designated for office and research use.
The latter concern was expressed by corporate neighbor Church & Dwight, whose representatives have worried that residential housing just to the north of their campus would spark noise and lighting complaints from new residents of the proposed development.
"It would have established an unfortunate precedent," said Walter Bliss, an attorney for Church & Dwight, who pointed out that the proposed density of the development would have been nearly two-and-a-half times that of the company's campus. "This was an office zone, and now here's somebody saying they want a high-density residential development, and that spells trouble."
Goverors Lane attorney David Orron, who throughout the hearing process has raised environmental concerns, said that the Morgan Estates proposal would have been a rezoning of code, rather than an attempt to seek a variance.
"Morgan Estates is asking the Zoning Board to substitute its judgment for the judgment of the Planning Board and Township Committee," he said, adding that the applicant had not made a case for use variance. "At most they have presented a case for rezoning — this cannot be condoned and it would not be sustained by the courts of this state."
At the conclusion of the hearing, Frank Petrino, the attorney representing Morgan Estates, said that while he did not know if his client would seek a legal challenge, he suggested possible litigation: "If I were them, I would challenge it.
"The board misapplied the law, and they didn't follow the legal precedents; they didn't weigh the detriments versus the positives; and they didn't act on their attorney's advice."
Those on the board who favored the proposal said that concerns with the physical site plan of the application could be tended to, and were not immediately relevant to last Wednesday's decision.
"Senior housing is needed, and concern with site plan has nothing to do with what we need to do," said board member Millard Riggs before casting his vote, adding that the board could have approved the proposal with various conditions. But as far as use was concerned, "I think it's appropriate, and that's all we're being asked to do," he said. "Site plan difficulties need to be addressed by the applicant. This is not an end, it's a beginning, and if we do it correctly, this use will be for the public good."
Moreover, regarding environment concerns, board members in favor argued that the entire area is currently zoned for development. "We never got the impression that these sites should be zoned for preserved open space," said board Chairman Carlos Rodrigues.
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Since setting aside senior housing overlay zones along the Princeton Ridge in 2001,the Township has faced increasing resistance to development in that area. Though Morgan Estates' proposed development lies just outside that overlay, the same concerns remain regarding environmental sensitivity, endangering indigenous wildlife, and stormwater runoff.
Last year, developer K. Hovnanian put the brakes on a Planning Board-approved development, also on Bunn Drive, for 140 senior housing units, marketed for ages 62 and up, citing a decline in general market trends, while also suggesting a rift with the property owners, Laura and William Lowe of Short Hills, over pricing.
But hope remains for housing advocates seeking market rate in the Township. Next Wednesday an advisory wing of the Planning Board will begin examining a proposed 48-unit senior townhouse complex on Mount Lucas Road near Redding Circle on five lots over nearly 28 acres. That proposal, formerly known as Intell, and now submitted by applicant Princeton Senior Townhomes, falls in the Township's Residential Senior Community overlay zone.