Maneely Ordinance Adopted by Council

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The Township Council approved an ordinance on November 23 that designates a mixed-use development zone for retail shopping, the planned Project Freedom, affordable housing units, and corporate hotel suites on a site adjacent to the Estates at Princeton Junction.

Before the adoption, the council listened to a few changes — none of which were deemed substantive — from Planning Board attorney Gerald Muller, as well as few last-minute comments from nearby residents who would be most affected by the new zone.

Most of those residents, who had frequently disapproved of some of the provisions discussed over the years while the ordinance was being drafted, seemed resigned to accepting as much language into the ordinance as they could to protect their neighborhoods.

“The affordable housing aspect of this plan made this project a no-brainer,” said Holly Kelemen, one of the residents who would be impacted by the project. She thanked the council, board, and township professionals for spending time in working on the ordinance. “Neighborhoods live everyday with the decisions you make.”

The rezoning, adopted in September by the Planning Board after three years of studying and re-working the ordinance, affects a 46-acre undeveloped tract, located at the intersection of Old Bear Brook and Bear Brook roads.

Maneely Princeton LLC, owner of the site, sought the rezoning. Concept plans propose a mix of modest-sized stores, personal and professional services, corporate suites, market-rate residential units, and Project Freedom. Project Freedom is a nonprofit organization that develops barrier-free housing to enable disabled individuals to live independently. Maneely has proposed 10 acres for Project Freedom, and 15 acres for preservation, including the detention areas.

Township officials have included language in the ordinance meant to balance the needs of the developer with the residents’ concerns. During introduction of the ordinance earlier last month, for example, the council added the requirement that buildings on the site be set back a minimum of 50 feet from any existing residential lot with adequate buffering. If not provided, the setback will have to be 75 feet from any existing residential structure.

Before adoption on November 23, however, Muller explained that a resident had pointed out that it would be more appropriate to state that the setback will have to be 75 feet from a resident’s property line, and not 75 feet from any existing residential structure — to give more protection if adequate buffering is not provided. The change made it to the final document that was adopted.

Resident Amira Scurato also referenced another change that was made during the ordinance introduction, when she was unhappy with the extra provisions put into the language that single out her property for landscaping and berms. The ordinance as it was originally written gave her the power to have the developer perform landscaping on her property.

The only options she had, though, were: to have no landscaping improvements, or to allow the developer to use her property for the improvements, which would eliminate her front lawn. During that meeting, planning officials determined that there would be room in the public right-of-way as well as partially on the Maneely site to make more landscaping improvements.

But the re-written ordinance to reflect the changes were worded in a way that implied that the landscaping on the developer’s property could serve as an alternative to those made on Scurato’s property. Scurato argued that the word “alternatively” should be removed, and council accepted the change.

Members of the West Windsor Bicycle and Pedestrian Alliance also submitted comments after the introduction, suggesting language that could be added to add more bicycle and pedestrian-friendly improvements to the new mixed-used zone, especially the roundabout.

While some of the suggestions made it to the final document, Muller said that the ordinance does not get into the specifics of the design for the site, and that consideration of the suggestions would be more appropriate during the site plan application process.

Jerry Foster, of the WWBPA, however, argued that setbacks and other details of the site are specified in the ordinance. “It is unclear why, when it comes to the bike lanes and facilities, they should not be specific.”

Plans for the site originally called for 51 townhouses, 46 apartments, and 60 Project Freedom affordable housing units. The non-residential component was proposed to include 202 hotel suites with a 7,800 square-foot business center and a 3,200 square-foot fitness center, as well as 11,000 square feet of office space and 40,000 square feet of retail space.

However, as part of the township’s latest round of affordable housing obligations, 15 additional affordable units were added to Project Freedom before the township sent its plan to the state in 2008. The ordinance also calls for a traffic-calming roundabout at the corner triangle of the property where Old Bear Brook and Bear Brook intersect.

Before the ordinance was adopted, the area was zoned for research, office, and manufacturing, which is more dense than what is being proposed.

Council members commended the board and the professionals for working over a period of years to ensure that they were able to work back and forth with the developer and residents to try to work out most of the issues and concerns. “It’s a classic example of democracy in action,” said Councilman Charles Morgan.

Councilwoman Diane Ciccone said she is very pleased that Project Freedom will be on site and that officials compromised on most of the issues in the ordinance. “A lot of people put a lot of time into making this the best ordinance possible,” she said.

The ordinance adoption is not a guaranteed ticket to build, however. In order for any development to take place on the site, the property owners would have to submit a site plan application and go through that process again at the Planning Board.

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