After nearly five hours of questions, testimony and deliberation last night — and following two previous special meetings on the topic — the South Orange Planning Board granted preliminary approval to the Villas at Orange Lawn site plan last night.
But there were conditions, many conditions.
The project will bring 20 town homes in 10 buildings to the lower five acres of what is now a 16-acre Orange Lawn Tennis Club property. Much of Wednesday evening’s meeting was taken up with the testimony of traffic engineer Harold Maltz who testified repeatedly and adamantly that the 20 residential units would add only “nominal” traffic impact that would be “imperceptible.”
However, near neighbors to the project wanted Maltz to address issues of traffic related to the tennis club — including any traffic added by parties or a tennis bubble — as well as activity at Floods Hill and traffic curves on Ridgewood Road. The back and forth grew somewhat testy at times as Maltz continued to reiterate that the impact from the new units was “de minimis.”
Some residents — such as Anne Wessel Dwyer — were concerned with the impact on traffic to Redmond Road. During its deliberations, the Planning Board considered closing the road to non-emergency traffic; however, some Planning Board members felt that that was a question best left to a separate hearing on the approval of a tennis bubble. Attorney Emily Weiner, who was representing BNE Real Estate and Orange Lawn Tennis Club at the hearing, said that Orange Lawn would not be amenable to such a closure as its members used the road.
A number of neighbors veered into making statements during questioning, prompting Planning Board Chair Harold Colton-Max to remind them that statements should only be made after all testimony was completed. At one point Colton-Max said he understood that the process could be confusing and that residents could be at a disadvantage because they did not understand the Board’s procedures. Those words seemed to resonate with a number of residents who echoed Colton-Max’s words later in the evening.
Residents also peppered Maltz with a number of questions that were deemed to be for the project engineer, not a traffic engineer. When residents asked that the project engineer be brought back to testify for a third time, Colton-Max balked.
“In all fairness the applicant has put forward their professional,” said Colton-Max. “This the third or fourth meeting.”
He added, “The site engineer addressed the types of questions that you are asking, I can’t say that he addressed all, but in all fairness, they have come forward and answered a variety of questions and everyone has had an opportunity to question and you will have an opportunity to make a statement afterwards.”
Colton-Max also noted that, beyond the Planning Board hearings, there had been a “variety of pubic meetings” at which residents had the “opportunity to do that. I’m sympathetic but not really sure it’s particularly fair to tell them to come back again with a witness who has testified twice before.” The Chair said that he thought the process had been “reasonable.”
At the end of testimony, Weiner asked that the Board approve the site plan, noting, “Remember this is a permitted use, this is variance-free application — as of right.” Weiner added that BNE had “worked tirelessly with the neighbors” and she said that “once built I believe they will be truly happy with the development.”
During public comments, neighbor Joan Yuel caused a small commotion by presenting legal documents regarding a lawsuit she had brought against the club in 1992. The papers, she said, represented a settlement in which no parking was to be allowed along the Forest Road side of the club access road. “I just found these today,” said Yuel, although she noted that she had told Village President Sheena Collum about the judgment some time ago.
Wessel Dwyer later read a very emotional statement in which she detailed how her family had moved to Redmond Road in the early aughts because they found the tennis club quiet and charming. However, she noted that loud outdoor parties in tents at the club began to erode their positive relationship with their neighbor beginning in 2007 and that the relationship only worsened with the development of the catering hall.
Wessel Dwyer concluded her remarks by saying she wanted the Planning Board to grant “preliminary approval only of site plan, not final approval.” She then gave a long list of conditions.
Some of those suggestions made it onto the Planning Board’s list.
The Planning Board’s preliminary site plan approval included conditions such as replacing the fence along the length of Forest Road, making the mechanical storm water maintenance plan a condition of approval, improving traffic and parking operations on the property, striping the driveway throughout the property, stipulated that soil removal during construction take place only between 9 a.m. and 3 p.m., appointing a liaison to deal with questions or concerns of neighbors during construction, banning construction vehicles on Redmond Road, making the property seek approval for any new lighting fixtures through the Planning Board, posting tree maintenance bonds and more.
Colton-Max said that the resolution would be draft for approval at the January meeting of the Planning Board. The Planning Board unanimously voted to grant preliminary site plan approval to Villas at Orange Lawn (with Rev. Sandye Wilson absent).
View all documents, diagrams and reports associated with the Villas at Orange Lawn Planning Board application (Case #256, Villas at Orange Lawn LLC, Block 1304, Lot 6, 305 N. Ridgewood Road) here.
Related coverage:
Site Plan Hearing for Villas at Orange Lawn Continued to November 7
Planning Board to Hold Orange Lawn Villas Special Hearing Oct 26
South Orange Trustees Approve Orange Lawn Tennis Club Redevelopment Plan
Town Addresses Overflow Parking at Orange Lawn; Village Trustees to Vote June 27
