The Zoning Board of Adjustment approved a 14-unit townhouse development for Pine Street on Monday night.

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Two board members voted against the application and another three were “on the fence” or had some hesitation before voting in favor, approving the application by a 9-2 vote (alternates comprised a 3-1 subset of the overall vote).

Pine Street Rahway LLC owns Block 358, Lot 10, and is under contract to acquire neighboring Lots 8 and 9, between Barnett Street and Flanagan Field near the Linden border. The application, which was revised after an earlier submission in December, sought seven variances, which are detailed in this previous post. Two buildings of five units each would be built on undeveloped Lot 9 and 10 while a four-unit townhouse would be constructed on a parcel currently occupied by a Barnett Street home.

After three hours of testimony and questions, most board members commented before casting their vote. Board member Richard Zdan was not convinced that approval was the right decision to make. “Any one of the issues with the application can be overlooked but when so many little things — the issue of density, building in wetlands, lack of sidewalks, impervious coverage — all of those little things add up,” he said.

He had reservations about the density of the 14-unit project on 1.13 acres. A perceived financial hardship for the applicant, based on a smaller plan that might be economically infeasible, is not something that should bear on the board’s decision making. “An overdeveloped lot is not an improvement in my mind to an undeveloped lot,” Zdan said.

Vice Chairman James Pellettiere agreed that there are a number of issues that alone could be overlooked. “It’s hard for me to be consistent with all the applications before the board if we don’t keep in mind that other applications have been turned down for less,” he said, adding that the board often has rejected applications that were just “too much on too little.”

While there’s a lot to like about the proposal, Pellettiere said, maybe this isn’t the right time for this development. “I don’t know if what’s before us tonight should be the last application to consider,” he said. Zdan and Pellettiere were the only members to vote against the application.

Board members Robert Parson and JoAnn Gemenden both described themselves as being “on the fence,” and Roy Smith had “a little hesitation” because of density but ultimately voted in favor.

“Every application that comes before this board is like a puzzle,” board member Adrian Zapotocky said. “We tend to emphasize the pieces. In the process of emphasizing pieces, we frequently overlook what the puzzle will look like when it’s put together. I had my reservations, but when you put pieces of the puzzle together, I like what I see,” he said.

Engineer Anthony Gallerano, architect Jennifer Wenson Maier and Joseph Cimilluca, the sole member of Pine Street LLC, testified on the application.

Cimilluca said he spent time with residents in the neighborhood to develop the proposal. “I don’t like putting something where somebody doesn’t want it,” he said, adding that neighbors have been in favor of the project and are excited about the prospect of cleaning up the area. One issue is that Lots 9 and 10 are undeveloped woods that have become a dumping ground.

Quincy McKinney, Sr. of Wall Street lives directly behind the proposed project, in one of six homes that would abut the property either from Wall or Barnett streets. He testified as a witness in favor of the application.

Based on comparable homes in the neighborhood priced between $300,000 and $350,000, Cimilluca said he’s aiming to keep the asking price for the new construction at $399,999, “which I think is more than affordable” for almost 2,000 square feet in this neighborhood. “Any higher and I think I price myself out,” he said.

“It doesn’t strike me as something terribly affordable for the type of people these units would be targeted at,” Zdan said. He suggested reducing the square footage or size of the units might make them more affordable while also reducing the impact of density on the property. “Perhaps this property is not as well suited to this particular development as it could be,” Zdan said.

Cimilluca said the price of lumber has tripled since a year ago and the number of units is required to deliver a product that’s affordable while building a new street and infrastructure needed.

The three lots would be consolidated into one lot totaling about 1.13 acres. The developer has requested that the city “vacate” the Pine Street right-of-way, to allow for construction of a sewer and stormwater system and paving and utilities. In an April 19 letter, the city agreed to assist in vacating Pine Street if the application is approved. The developer has proposed a new road, stormwater retention, pump station water treatment system, underground utilities and lighting for Pine Street.

The project will provide 42 parking spaces where 34 are required under state regulations. Each townhouse will have a driveway and garage with another 14 parallel parking spaces to be on Pine Street. Parallel parking spaces are required to be 9 feet wide but the application asks for a waiver for 7-foot spaces, which Gallerano said is “more than sufficient.”

“This site is zoned in an outdated fashion,” Wenson Maier testified on behalf of the applicant. She also is a former councilwoman and executive director of the Rahway Housing Authority. Currently the property is not being used properly and has become a blight, and the development would clean up what has become a dumping ground in the woods.

“We have a broad mix of uses and types in Rahway, certainly been doing a lot to address apartment growth in downtown,” Wenson Maier said. What hasn’t been addressed to some extent is housing for first-time buyers that gives young families or seniors looking for smaller places to live an opportunity to purchase a home.

“It seems to me this hardship is self-imposed,” Zdan said. Proposing smaller and fewer units could address some of the issues of density, impervious surface, and bulk variances. He suggested instead of a third building, allowing more space for the originally proposed 10 units. Looking at how the plan has been revised, pretty much all of these variance requests have made the plan become more nonconforming than what was originally proposed, he said.

Whether there are 10 units or 14, Wenson Maier said, there still would be the same depth of units, a garage, the same kitchen, living and dining rooms. “You’re not gaining anything by having less or more. You already have recreational space adjacent, you don’t really have a need for that sideyard area,” she said.

If the same configurations were kept but the number of buildings reduced, Wenson Maier said the only thing that would change is the sideyard setback at each end of the complex or between buildings. The plan dealt completely with stormwater, the main concern about lot coverage, and completely dealt with parking, another main concern about development, she said.

“The way it’s being presented, I feel like you’re squeezing these four units into a property that doesn’t fit,” Pellettiere said, referring to the third building that was added to a previous application after the developer was able to acquire the Barnett Street property. “A lot of this proposal I love, but had I seen something where you’re able to widen it and lengthen the backyard setback, that’s something I think might answer some questions or concerns the board may have,” he said.

Gemenden said she had no issue with the layout or orientation but also took exception with the lack of sidewalks. “I don’t live in an area where I can walk downtown but certainly see people walking on the street all the time,” she said.

Upon questioning from board members, Gallerano had said no sidewalks are proposed, making for less impervious surfaces. They felt it “would not be inappropriate without sidewalks” because it’s not really a setting where one would walk to a store or downtown. “We felt that sidewalks really wouldn’t be required for this project,” he said, that’s why it requests a waiver.

The omission was “quite striking,” Zdan said, given that the city’s master plan says a lot about walkability and Flanagan Field is right around the corner.

Patrick Cassio of Barnett Street lives about three blocks from the proposed site and was complimentary of the presentation. He raised concerns about traffic, especially after a large Amazon warehouse opened recently and heavy industry not far in Linden. He suggested eventually putting in a traffic light at Pine Street since East Lincoln Avenue is right across the street, which could make for a difficult left turn from Pine Street. With more people living in the area as a result of the development, Cassio also hopes that will bring more attention to the nearby firing range in Linden, which should be relocated.

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