P&Z Approves Condo Complex

By Andrew Gorosko

Following lengthy review, Planning and Zoning Commission (P&Z) members have unanimously approved the construction of The Woods at Newtown, a 178-unit age-restricted condominium complex planned for a 50-acre site in Hawleyville.

P&Z members approved the application from Bashert Developers, LLC, of New City, N.Y., in Rockland County at a June 1 session.

The Woods at Newtown would consist of 132 units of “congregate housing,” and 46 “independent living” condos, all for people over age 55. The site, which is at 12-16 Pocono Road, would have driveway access from 166 Mt Pleasant Road (Route 6).

The Woods at Newtown would be the largest age-restricted condo complex to be built in town since Walnut Tree Village, a 189-unit project on 52 acres, which was constructed on Walnut Tree Hill Road in Sandy Hook between 1995 and 2005.

The Woods is proposed for the site of a depleted sand-and-gravel mine, where The Homesteads at Newtown had planned to construct a 178-unit age-restricted housing complex, comprised of congregate housing and independent living units. After The Homesteads entered bankruptcy, those plans did not materialize. Bashert acquired the largely unbuilt development site for $8.9 million in the spring of 2005 through bankruptcy proceedings.

Twelve condos that The Homesteads’ developers had constructed, but which were never occupied, will be demolished to make way for The Woods at Newtown. The Homesteads has an adjacent 100-unit assisted-living apartment building, which opened in 2001. The Homesteads received initial town construction approvals in 1998.

Following the P&Z approval on June 1, Bashert representatives said they expect to start construction on the site this fall. The project is expected to take approximately three years to complete. Prices for condo units at the luxury-grade project have not been set, according to the developers.

Community Development Director Elizabeth Stocker said this week, “I think it’s going to be a nice addition to the community.” The Woods at Newtown will serve to diversify the local housing stock, she said.

Bashert plans that the 132 congregate housing condominiums be located in ten large apartment buildings surrounding a massive courtyard, beneath which there would be covered parking for 272 vehicles. The parking would be located at ground level with a roof atop that parking garage functioning as the “courtyard” amid the ten buildings.

The 46 independent living condos would be housed in eight separate buildings, with conventional attached garages. A clubhouse also would be constructed.

In a discussion held before the P&Z vote on The Woods, P&Z Chairman William O’Neil said, “We’ve certainly been through this [proposal] in great detail.” The P&Z held four public hearings on the application since March, discussing many aspects of the development with the public and the applicant.

Mr O’Neil said he generally favors the construction proposal, but added that in order to approve it, the P&Z would need to relax certain zoning regulations pertaining to such development.

Those rule relaxations allow the developer to install individual small elevators in each of the 46 independent living condos, and also allow individual laundry facilities to be installed in each of the 132 congregate housing units. The zoning regulations do not specifically allow such features.

The P&Z’s congregate housing regulations are keyed to dwellings that are much more basic than those planned by Bashert.

P&Z member Robert Mulholland pointed out that the congregate units would be “twice the size” of the dwellings that had been planned by The Homesteads.

The P&Z’s congregate housing regulations were designed with Nunnawauk Meadows in mind, said P&Z member Lilla Dean. Nunnawauk Meadows is a rent-subsidized apartment complex for the elderly on Nunnawauk Road, which is operated by a nonprofit corporation.

Mr O’Neil noted that Bashert scaled down the its original kitchen designs for its congregate housing in order to meet the zoning regulations, when it was requested to do so by the P&Z.

Although the P&Z regulations call for all living space within an age-restricted dwelling to be located on a single level for ease of ease, Ms Dean said she does not object to Bashert’s plans to install small individual elevators in each independent living condo to provide residents with access to all living space within dwellings.

P&Z member Sten Wilson, however, viewed The Woods project differently than other P&Z members.

Mr Wilson objected to the P&Z repeatedly modifying its zoning regulations for age-restricted housing applications in order to meet the particular needs of individual developers.

The P&Z’s EH-10 zoning rules, which regulate age-restricted housing complexes, offer a “density bonus” to developers, allowing them to construct much more densely built projects than would otherwise be allowed, he noted. Mr Wilson charged that the town has become a “haven” for age-restricted development.

Mr Wilson questioned the P&Z’s logic in bending its rules to allow construction features that are not specifically permitted by the zoning regulations.

Such high-density development increases the local demand for public services, which are already stressed, he said.

Mr O’Neil responded that such residential growth is preferable to commercial development.

In response, Mr Wilson urged that the P&Z undertake an “upzoning” project, in which the standards for development would be tightened.

Mr Wilson, who was ostensibly opposed to Bashert’s project, was not eligible to vote on the application. At the initial P&Z hearing on the project on March 16, Mr Wilson pointed out numerous flaws in the earlier application and unsuccessfully sought to have P&Z members scuttle the project.

Mr Mulholland pointed out that Bashert’s congregate housing component at The Woods at Newtown would contain 132 more bedrooms than was initially proposed for the site by The Homesteads.

But Bashert’s project is more attractive than what had been proposed by The Homesteads, Ms Dean responded.

Conditions Of Approval

Voting to approve The Woods at Newtown were Mr O’Neil, Ms Dean, Robert Poulin, Jane Brymer, and Dennis Bloom.

P&Z members placed many conditions on their endorsement.

Among those requirements, an emergency accessway linking the site to Pocono Road must be maintained year-round by the planned condominium association.

Construction traffic is prohibited from using that emergency accessway.

The developer must hire an independent inspector to check that certain aspects of the construction project meet applicable regulations.

Fire officials must inspect the site to ensure that the private roads are suitable for use by emergency vehicles.

The developer must submit a $2.87 million performance bond to the town to cover landscaping and various site development work.

Exterior lighting fixtures on the site must be shielded so they do not emit glare toward nearby properties and roadways.

Trees now standing between the complex and Pocono Road must be preserved to serve as a visual buffer.

Certain fire safety features must be installed in the independent living condos.

P&Z members agreed that the project meets the requirements for a special exception to the zoning regulations.