Middletown residents unhappy with plan for 350-unit development

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Some Middletown residents are expressing their displeasure with a developer’s proposal to construct 350 residential units at 853 Route 35.

The property is currently home to Circus Wines, Beer & Spirits and is the former location of a Foodtown superstore. The redevelopment initiative is an effort led by National Realty and Development Corp.

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The property under consideration for the housing neighbors Carriage Drive. Residents of Carriage Drive and its neighboring streets said they are unhappy with the proposal. Residents have said the construction of more than 300 homes near their backyards could negatively impact their quality of life.

Testimony on behalf of the applicant, Toll NJ XII, LP/Middletown Walk, was presented at the Middletown Planning Board’s meeting on Aug. 7.

The redevelopment plan, which includes a previously approved commercial component, is designed to accommodate 350 residential units for people of all ages. Of that total, 280 residences would be three-story townhomes to be sold at market rates.

A separate tract on the same property would have three buildings with 70 apartments designated as affordable housing for individuals whose income meets certain guidelines.

Answering questions posed by attorney John Giunco, who represents the applicant, architect Jeremy Greene and Matt Markovich, a division vice president with Toll Brothers, described the facade of the proposed townhomes. They said those units have been designed in a contemporary style.

The facade of the townhomes includes several different colors of brick. Greene explained that the front facade of the townhomes varies in style.

Greene said the townhomes would have flat roofs. There would be a 4-foot-tall parapet wall around the perimeter of each homeowner’s roof. Greene said homeowners would have the ability to use the roof as a patio. Each homeowner would have a private portion of the rooftop, he said.

Greene said homeowners could select additional features such as a backyard deck with or without a staircase to create a variety of home styles in the development.

Board members cited several concerns regarding rooftop activities. They questioned what types of rooftop activities would be permitted, the types of lighting to be used on a roof, the potential for noise, and the safety of children who may be on a roof.

Greene and Markovich said the rooftop should be treated like a patio.

“If (an activity) is not permitted by the fire code, the rules and regulations would restrict things beyond what is permitted by the code,” Markovich said

Speaking about the affordable housing component of the plan, Greene explained that those units would be consolidated in one area. Two buildings would each have 24 apartments and the third building would have 22 apartments, he said.

A proposed clubhouse with a pool would only be available for residents of the 280 townhomes because tenants of the apartments would not be part of the homeowners association, Markovich said.

“The homeowners association would charge a fee to cover exterior maintenance of the common elements, the management and the amenities of the clubhouse,” he said.

The apartments will be managed by a separate entity. Markovich said a recreation area for use by residents of all three apartment buildings would be created.

Several audience members took offense with the number of homes that could be built near their residences. Others asked why the applicant separated the affordable housing apartment buildings and the market rate townhomes.

“The (design) is very uninspiring. Can’t you do a better job?” Barrett Theile asked.

“With the affordable housing, is there any option to not put (the apartments) all together and build them throughout the community?” Tara Fleming asked. “… The whole point of this affordable housing is to integrate all kinds of people into a community … You are defeating the purpose of that.”

Markovich explained that the townhomes and the apartment buildings would be owned by separate entities and could not be built together.

Giunco said a developer’s obligation to integrate affordable housing with market rate housing was changed after some people could not afford to live in affordable housing “when other fees were assessed.” He said his client is “following the exact regulations.”

“That may be the letter of the law, but that’s not the spirit of it,” Fleming said.

Diane Milason, who called the proposed townhomes “ugly” and unsellable, said, “the fact that (residents of the apartments) are going to be told to stay (in their own area), I just hope they have a pool, too.”

Steven Hungerbuhler, who lives on Carriage Drive, asked why the proposed townhomes are three stories tall and questioned why the proposal includes rooftop patios.

“The redevelopment plan approved by Middletown permits roof terraces and townhomes up to four stories,” Markovich said.

Laura Patten, who lives near the site of the proposed development, said that she is concerned the new development would “tower over my yard.”

During his testimony, traffic engineer Karl Pehnke reported that the morning peak hour would generate 28 vehicles entering the property and 128 vehicles exiting the property.

During the evening peak hour, he said, about 130 vehicles will enter the property and 66 vehicles will exit the property. Pehnke said, “traffic dissipates through the road system.”

He said access to the development would be provided from Route 35 and from Kings Highway East.

Board members did not make a decision on the Toll NJ XII, LP/Middletown Walk. The application was carried to the board’s Oct. 2 meeting.

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