BERKELEY – A development of 20 condominium units is coming to Sloop Creek Road in Bayville, and neighbors said it doesn’t fit in with the single family homes in the area.
The property was actually approved for a new street with 11 houses. A new owner of the property, R. Stone and Co., instead proposed a condo complex. Since the land is not zoned for multi-family housing, the plan had to come before the Zoning Board of Adjustment. The hearing was to see if they should be allowed to move forward with it even though it’s not allowed. The developer still needs to come back before the town to get final approval.
There were several hours of testimony, with residents and officials asking questions, but the most important exchange happened at the end.
“We can mitigate with conditions,” said Zoning Board Chairman William McGrath.
By this, he meant that that the board could stipulate certain things the developer has to do, in order to minimize the impact on neighbors.
“Sometimes we have to make decisions we might not agree with personally, but have to legally,” Board member Gerry Morey said.
“In other words, we could be taken to court,” McGrath said.
A few members of the Zoning Board were absent, including Trent Stone, who has a family relation to the developer. In the beginning of the meeting, it was confirmed that there were enough members present who could vote on it.
The Zoning Board ultimately voted to allow the development to proceed, with member James Sullivan being the sole “no” vote.
“You are changing the character of the neighborhood,” he said.
Plan Changes Throughout Meeting
The developer initially planned 24 units, which was talked down to 20.
The developer was also asked to widen the portion of Sloop Creek where the development is.
There was also discussion on the road heading into the development. The condo plan called for a road from Sloop Creek leading in to the parking lot. Officials said this could be a problem if a couple of fire trucks need to get in and out of there. So, the new plan is a through street.
None of these stipulations are set yet. The developer still has to come back before the town with a plan of how it will all look. The Zoning Board members just wanted to give him a list of things to address when he comes back.
Concerns About Plan
The public had concerns about traffic in the area, since Sloop Creek is already busy, linking Route 9 and East Bayview Avenue. They were also worried about the buildings being taller, displacing more rain, and having more activity than houses.
The way the meeting is set up, is that the developer and experts he hires give evidence, and then the public, the board, and the board’s professionals can ask questions.
The development, Anderson Estates, will be maintained by a condo association.
A plaque will be situated on the property, in correlation with the Berkeley Township Historical Society, denoting its past historic use.
Stuart Challoner, the project manager for the developer, said he also worked on the original project, back when it was going to be 11 houses, approved in 2003. With the recession, there’s less of a demand for single-family homes, he said.
“It sat for a number of years and then he sold it,” he said.
There was a chicken coop and an old lumber yard there, he said.
Stephan Leone, the attorney representing R. Stone and Company, said that Robert Stone is the managing member of his company and Stonehill at Berkeley, and he’s not hiding behind an LLC like other developers.
The condos would have two bedrooms and an office. Members of the board asked what would stop owners from turning the office into another bedroom. Stone said there would have to be documentation to prevent them from doing it.
When pushed further, Stone said they could remove the door and the closet of the office so it wouldn’t count as a bedroom.
The developer said that there’s studies showing that condos have fewer school-aged children than houses.
One neighbor on Aikens Street, Joseph McNulty, said there’s already stormwater runoff in the area and worried about having even more with all the blacktop that comes with a parking lot. He said that there is a veterans village being built at the corner of Sloop Creek and 9. Another multi-family development would add even more traffic.
He was speaking in reference to 99 apartments and 25 single-family homes that were being built, deed restricted for veterans only, by Tunnel 2 Towers.
Anthony Bussanich, who lives on nearby North Stott Street, said that this doesn’t comply with the town’s master plan. None of the neighbors are townhouses or condos, so it doesn’t fit with the neighborhood.
Stone noted that the condos have a 40 foot backyard, whereas the single family house plan only had 24 feet, so the development would be further from existing houses under the condo plan.
Janice Reading, who lives on Sloop Creek, said the property has not been taken care of during this entire time, so she wasn’t convinced that this would change after it was built.
She attempted to show the Zoning Board photos on her phone of the property, but this was blocked by the Board’s attorney, Joseph Coronato Jr. because he said it was “hearsay.”
Residents continued to ask about the runoff. Reading said she already gets water in her basement. Another resident, John Tedesco, has a well three feet from the property line.
Challoner, the project manager, said that the property is designed to have a drainage system to contain all rainwater on the property. The lighting would be designed in a way that it doesn’t spread out of the development.
They are required to provide active recreation, so they’re installing a fenced-in pickleball court. There won’t be lights around it, to discourage against nighttime playing.
Traffic consultant Scott Kennel said Route 9 north would get a right turn lane to Sloop Creek. Sloop Creek will be widened so you can make a right out of it without getting stuck behind someone making a left. This is part of the Tunnel 2 Towers development.
Morey said that two adults with an adult child makes up two bedrooms – and three cars. In summer, there’s more traffic on that road as people use the marina by the bay. Furthermore, when Bayview Avenue floods, Sloop Creek becomes the only way out.
Morey also said that an accountant running his business out of his condo would have clients coming in. Leone said that would be illegal.
Kennel said all those issues that Morey listed would still be present even if these were houses.
Morey noted that there currently exists a problem with contractor vehicles parked outside a condo development nearby.
McGrath said another development by Stone is near the intersection of Ocean Gate Avenue, Veeder Lane and Route 9.
“The room was filled with objectors” when it was proposed, but now you can drive by and it’s very quiet.
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