JUST IN: NEIGHBORS RETAIN ATTORNEY TO OPPOSE LAKEWOOD TOWNSHIP'S PROPOSAL FOR RESIDENTIAL APARTMENT BUILDINGS ON CROSS STREET



The Lakewood Township Committee's proposal to permit for more dormitories, wedding halls, and mid-rise residential apartment buildings to be constructed in the Township is facing massive opposition.


Residents have retained Attorney Vincent J. DelRiccio, Esq. of the firm of R.C. Shea & Associates to vehemently oppose the proposal.


As first reported here on FAA News, back in August 2024, the Committee introduced Ordinance 2024-034 which will create and adopt standards for a School Overlay Zone.


The proposed Ordinance highlights an apparent major concern of the Township Committee:


WHEREAS, Lakewood Township continues to experience rapid population growth with a need for additional public and private schools for its residents; and


WHEREAS, the continued construction of schools in various zones in an often haphazard fashion adversely impacts traffic flow throughout Lakewood Township; and


WHEREAS, these conditions support the creation of an overlay zone in a rapidly developing section of the southwest portion of the township to facilitate both the orderly construction of schools and associated residential development for students and faculty along with necessary road and utility infrastructure.


The propose solution to this apparent big concern is the creation of the School Overlay Zone which "is intended to provide an optional development technique for residential and school development, consistent with the goals of the Township of Lakewood, and to facilitate the development of infrastructure, including new and improved roadways, potable water extensions, sanitary sewer extensions and stormwater management facilities to support the proposed development."


The School Overlay Zone is generally located east of the Jackson Township/Lakewood Township border, northeast of Farady Avenue, west of Cross Street and south of Maplehurst Avenue.


Currently, this zoning district permits schools with the following design regulations:


Minimum Lot Area — 40,000 square feet

Minimum Lot Width — 150 feet

Minimum Lot Width — 150 feet

Rear Yard Setback — 30 feet

Side Yard Setback — 15 feet with an aggregate of 40 feet

Maximum Building Coverage — 20%

Maximum Building Height — 35 feet

Buffer from a residential use or district - minimum of 20 feet.


Contrary to Mayor Coles' earlier claims, the proposed School Overlay Zone will permit for additional uses.


Currently, dormitories are only permitted as a Planned Educational Campus which requires a minimum of 3 acres and is only permitted for a school which is accredited to give a graduate degree.


The proposed Ordinance retained the 3 acres minimum but eliminates the accreditation requirement.


The proposed Ordinance permits "public and private schools... and... dormitories for housing of all or a portion of the student population. Residences on school properties shall be owned by the school and shall be for the purpose of providing housing for staff and administrative personnel affiliated with said school."


More pertinently, the "School Overlay Zone shall permit limited residential development. Said limited residential development shall be limited to single family and/or multi-family housing owned by or for the use by the school upon property that is either (a) the same property as the school; or (b) contiguous property sharing a common property line; or (c) property located on the opposite side of the same street as the school. The housing shall be for members of the staff, including teachers and administration affiliated with the school.


"Residential Development Standards: For proposed residential development associated with school use, on lots with three (3) acre minimum developed for schools, the maximum gross density in the area of the tract devoted to residential development shall not exceed one duplex (2-family) per acre. For purposes of calculating the residential density, the tract area devoted to residential development shall be deemed to include all of the properties not developed with school and/or uses ancillary to the school. The following are Permitted Residential Uses on school tracts:


(a) single family attached

(b) multi-family housing, including:

(i) duplexes

(ii) townhomes

(iii) apartments

(iv) condominium (not for sale, but for financing purposes only)"


Let's slow down and back up a second here.


The proposed Ordinance will permit "staff housing" at either "one duplex (2-family) per acre" or "apartments."


How many apartments??


The proposed Ordinance didn't specify any limits. However, the proposed maximum building height gives us a clue.


The existing zoning ordinances permit a maximum building height of 35 feet for schools.


The proposed Ordinance increases this to 65 feet high.


Importantly, the proposed Ordinance clarifies that this height applies to both the school building as well as the residential apartment building!


The proposed design regulations are as follows:


Minimum lot area: 3 acres

Maximum building height: 65 feet

Minimum lot area: 3 acres

Minimum lot width: 75 feet

Minimum front yard setback: 50 feet

Minimum rear yard setback: 25 feet

Minimum side yard setback: 15 feet with an aggregate of 30 feet for both sides.

Maximum building coverage: 40%

Maximum building height: 65 feet

Accessory building setbacks: Minimum side yard 10 feet; minimum rear yard 15 feet.

Buffer requirements: Minimum of 15 feet shall be maintained as a landscaped buffer between the perimeter boundary of the School Overlay Zone and any development of property within the School Overlay Zone.


Oddly, while the Ordinance requires parking for the schools, the Ordinance does not specify a parking requirement for the residential apartments.


So... um... what exactly is the big plan for traffic flow in this new "school zone?"


Well... here is a verbatim quote from the proposed Ordinance:


To achieve the goals of the School Overlay Zone, it is critical that development of the infrastructure to support same occurs in a unified manner. Piecemeal development of same is discouraged.


Street Development. The School Overlay Zone shall be developed with multiple north-south streets, including Franklin Boulevard and Newport Road, to provide adequate and safe access by vehicles to the proposed schools and residences.


Wondering what exactly all that promises us?


You're not alone.


Oh, and here's the huge kicker:


All these apparent new "school style roads" would only be required to be paved 30 feet.


Typical new residential development roads in Lakewood are 32 feet wide. The Township Committee did not bother to explain why they believe that the new "school style roads" which are supposed to "facilitate both the orderly construction of schools and associated residential development for students and faculty along with necessary road and utility infrastructure" only need to be paved 30 feet wide. Township officials also did not bother to explain why the new "school style roads" at 30 feet wide is such a good solution to "the continued construction of schools in various zones in an often haphazard fashion [which] adversely impacts traffic flow throughout Lakewood" on 32 feet wide roads.


[Fun fact: Mesivta Ohr Chaim Meir's deed restricted lot is specifically included in the proposed zone eventhough most of the properties in the zone are across Cross Street. This is odd, considering that the Township Attorney is pretending to vehemently oppose the extinguishment of their deed restriction.]


As previously reported here on FAA News, despite calls from the public to kill the idea entirely, the Planning Board found the ordinance to be consistent with the Master Plan, but strongly urged the Committee to implement several key changes:


• A maximum building height of 35’ rather than 65’ 

 

• Requirements for the provision of fire hydrants 


• Bulk standards for daycares, particularly parking requirements greater than that for schools 


• An express statement that simcha halls are not permitted, or additional parking requirements for simcha halls 


• Parking requirements for dormitories 


• A permitted residential density of 28 units per acre, on the residential acreage only (excluding school buildings and property) 


• Minimum road widths of 32’, not 30’ 


• Lastly, the Board strongly asserted that the ordinance shall not go into effect until roadway improvements for the area are planned and fully installed, specifically including a secondary egress for the area


The Township Committee was scheduled to hold a public hearing and final reading of the Ordinance last month.


Ahead of the scheduled vote the Committee received objections from many neighbors of the Cross Street area who said they wanted to see the promised infrastructure upgrades before any new uses are permitted.


Faced with all this exposure, the Committee tabled the vote on the ordinance until tonight.


Tonight, the Committee reintroduced the proposal on first reading as Ordinance 2024 - 41. The new Ordinance incorporates some of the Planning Board’s recommendations.


The revised changes are as follows:


No C.O. resulting from a new application will be granted until sewer and water infrastructure is installed and there is a total of 3 means of egress (e g., Franklin, Newport and Maplehurst or Brush) from the School Overlay Zone.


Wedding halls, simcha halls, or other such facilities shall only be approved with applicant providing sufficient verification, documentation and professional testimony that adequate parking has been provided for said application, which shall be reviewed by the Planning Board at the time of application.


Dormitories will be permitted on less than 3 acres. (Glaringly, the Committee failed to specify what the minimum lot area for dormitories would be.)


The Planning Board recommended lowering the maximum building height for schools and apartment buildings from 65 feet high to 35 feet. The Committee is conceding to 38.5 feet for the schools but 65 feet with a maximum of 4 story residential and 1 story parking (consisting of 5 stories, 1 parking and 4 residential) for the apartment buildings.


Parking. Parking shall be provided for the following:

1 space per classroom

I space for every 250 square feet of Study Hall space

1 space per tutor room

I space per library

I space for office area

1.5 spaces per apartment

4 spaces per duplex unit

1 space per daycare staff member

I space per dorm room for high schools

0.5 spaces per dorm room bed for higher education schools


For purposes of calculating said maximum gross density, the tract area devoted to residential development shall be deemed to include (a) any contiguous property owned or controlled by the school that shares a common property line with the school; or (b) properties located in the Overlay Zone with a common ownership as the school. Under no circumstances shall the net residential density exceed 40 multifamily units per acre and 4 duplexes (2-family) per acre.


All schools constructed in the School Overlay Zone shall be connected to potable water and public sanitary sewer facilities. No onsite well and/or septic system shall be permitted to service a residence affiliated with a school or the school itself in the School Overlay Zone (wells for irrigation are permitted).


The Committee did not address the Planning Board’s recommendation to provide bulk standards for daycares, particularly parking requirements greater than that for schools.


Following the Committee's reintroduction of the Ordinance, the revised version will now head back to the Planning Board for another Master Plan consistency review.


Ahead of today's vote, neighbors retained Attorney Vincent J. DelRiccio, Esq. of the firm of R.C. Shea & Associates to represent their vehement opposition of the proposal.


Mr. DelRiccio placed the Township on notice that he intends to file suit if need be to stop the proposal.


To join the FAA News WhatsApp Status, click here.


3 comments:

Anonymous said...

It's going on like this every where in Lakewood. It's not fair to the rest of us. We live here also. It all comes down to $$$$$$$

Anonymous said...

It's sad what's happened to lakewood I came there in the 60s.its all gone

Anonymous said...

This is not planning. It's do anything you feel like if you give us money.