MARLBORO – The Marlboro Planning Board has accepted a modified plan for the previously approved Stillwell Holdings application as part of a settlement agreement between the applicant and the township.
The modified plan was accepted at the board’s June 7 meeting.
The Stillwell Holdings application was granted preliminary approval by the board on Nov. 4, 2015 and final approval on Sept. 21, 2016.
Plans indicate the 38-acre property on Buckley Road will contain 17 lots; with 15 lots for new single-family homes, one open space lot with a storm water management basin and one reconfigured lot which will contain an existing dwelling.
The modified plan proposed foregoing road improvements, including the proposed widening of Buckley Road, foregoing the planting of trees along Buckley Road and to provide a sidewalk on one side of the interior road.
The applicant was represented by attorney Dante Alfieri.
As a stipulation of approval, Township Engineer Laura Neumann proposed having the sidewalk extend along Buckley Road to the end of the proposed curb, having the sidewalk extend the full radius of the cul-de-sacs and to have a ramp at the intersection to provide accessibility for individuals who have a handicap, to which the applicant agreed.
Township Attorney Lou Rainone explained that the settlement agreement was part of a builder’s remedy action.
“The plaintiff had originally sought from the court (an) approval to build an inclusionary development that included 106 homes, 15 percent of which would be affordable housing,” Rainone said. “The agreement that was reached dismisses the builder’s remedy suit and allows the plaintiff to build out the subdivision that was previously approved.
“The township agreed to convert the requirement for the widening along the applicant’s road frontage to a contribution to the future widening of the road. In light of the fact that undertaking the widening of the road as a singular project is preferred, the township and the Planning Board considered the request reasonable,” Rainone said.
The modified Stillwell Holdings application was approved with a 4-1 vote with board Chairman Mark Barenburg, Councilwoman Carol Mazzola, who sits on the board, and board members Andrew Pargament and Christopher Cherbini voting yes.
Board Vice Chairman Michael Messinger voted no and said he did so because he voted no when the application was initially heard because of a lack of affordable housing in the plan.
Each residential lot in the planned development will be a minimum of 60,000 square feet (about 1.5 acres) and each home is estimated to be between 3,500 and 4,000 square feet, according to testimony that was presented to the board.
During a 2015 hearing, testimony was presented by Terry Sherman, a principal of the company, who noted that a 2007 application was approved with 19 homes at the Buckley Road site. He said the plans were redesigned by 2015 to comply with Marlboro’s municipal code at that time and now provide for 15 homes to be constructed.
Testimony indicated that no homes that would qualify as affordable housing under state guidelines will be built on the Buckley Road parcel.