By Amy Batista, Special Writer
HIGHTSTOWN — The Borough Council unanimously approved a resolution to enter into a Developer’s Construction Agreement with the Millstone Basin Area Habitat for Humanity to build two duplex units during its meeting on Sept. 2.
"I think it’s a great opportunity for us, for them, and the folks to have some nice houses," said Mayor Steven Kirson. "They are going to clean up that area."
Habitat for Humanity is building two duplexes on South Academy Street.
According to the resolution, 2014-184, Millstone Basin Area Habitat for Humanity, Inc. (Developer) intends to develop land known as Lots 22, 23 and 24, in Block 40.
The property site was formerly owned by DM Properties, Inc., who previously applied for and received a use variance, preliminary and final subdivision approval and bulk variances in 2005 in order to consolidate three existing lots and re-subdivide same into four lots and construct two duplex units located at 224-232 South Academy Street in the R-4 Zoning District, also designated as a Redevelopment Zone Overlay.
The subdivision, however, was never filed with Mercer County.
During the Aug. 18 council meeting, they requested three modifications to the standard Developer’s agreement, which included being able to build on Sundays since the crew is made up of volunteers and most of their work is done on the weekends.
They would like four years to complete the project instead of the normal two in an agreement and they would like the responsibility for the work on the property to end when the Certificate of Occupancy is issued, rather than being held responsible for an additional two years, officials said.
According to the Developer’s Construction Agreement, the developer agrees to restrict all construction activity to the hours of 7 a.m. to 6 p.m., Monday through Friday, and 8 a.m. to 4 p.m. on Saturday and 9 a.m. to 4 p.m. on Sunday.
Construction activity shall be prohibited on New Year’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day. The developer shall not allow the delivery of materials on the holidays listed above, according to the document.
All improvements on the property shall be completely constructed within a period of four years, said period beginning on the date of initial site disturbance, according to the Developer’s Construction Agreement.
Councilman Steve Misiura questioned the installing of a rain garden instead of tying into the sewer line.
"Is there any issue with them wanting to install a rain garden versus tying into the sewer line?," said Mr. Misiura. "People have approached me about that."
Borough Engineer Carmela Roberts said that the issue "came up during the approval process."
"They put a rain garden in the back of the two houses," said Ms. Roberts. "I recommended against it. The Planning Board agreed with that."
The rain gardens took up most of the rear yard area, she said.
"The rain gardens are only good for small storms," she said. "If it got to be a big, heavy storm the backyards were going to be a big problem so I recommended against it."
She said that the applicant "revised their plans partially."
"They are still working on that to put a couple of small inlets in the rear yards," she said, adding that they are revising their plans to comply with the resolution.
As a condition of the Preliminary Subdivision and Site Plan approval, the developer is required to enter into an agreement with the Borough, satisfactory to the Mayor and Council, Borough Engineer, Borough Attorney and Planning Board Attorney in order to complete the construction of the remainder of the townhouses, according to the resolution.

