News
Open Space Basics
Development
Hamilton Issues
The Future
Projects
Resources
Home
Save Hamilton Open Space
P.O. Box 2594
Hamilton, NJ 08690
Send Email
(609) 587-0160
Donate to SHOS
using JustGive.org
Klockner Woods
Photo Gallery
News Archive
NJ Supreme Court to Hear Levin Center Case
Hamilton’s Planning Board denied the Levin application to build a shopping center on 30 acres at the corner of Klockner and Nottingham. One reason was the adverse impact of traffic the center would generate on the surrounding neighborhood, particularly since there is an elementary school across the street from the proposed center.
Levin appealed the board’s decision and won. They cited a particular case that is used frequently in similar situations around the state. It’s the so-called “Dunkin’ Donuts” case in which a court ruled that traffic impact on neighborhoods could not be used to deny an application. SHOS is asking the NJ Supreme Court to uphold the Planning Board’s original denial of the application by ruling that Dunkin’ Donuts is wrong and therefore the Planning Board was right to consider traffic impact.
We received notice Oct. 24, 2006 that the New Jersey Supreme Court will hear our case. SHOS is represented by Lieberman and Blecher of Princeton, NJ.
SHOS appealed a court ruling on the Laura Ave property that would have allowed the developer to proceed without Hamilton Planning Board approval of a storm water management plan. The Planning Board said that NJ DEP would pass judgment on the storm water plan, and that they (the Planning Board) were not required to make the developer demonstrate compliance with the new storm water rules. The Appellate Court remanded the issue back to the Hamilton Planning Board, saying a storm water plan must be presented at a Board hearing. This allows public examination and comment on the plan.
At the same time the Appellate Court did not make a clear ruling on whether or not NJDEP has the authority to rule on compliance with storm water rules when no NJDEP permit is required. This is the case with the Laura Ave. development application.
SHOS agues that Planning Boards are responsible for holding developers accountable for their storm water plans, and that planning boards cannot simply pass that responsibility off to NJDEP (which doesn’t have the staff to review the thousands of applications it would receive anyway).
Therefore, SHOS is asking the NJ Supreme Court to decide who is responsible for reviewing storm water plans. The Court will determine whether or not to hear our case.
The property is 7.7 acres at the corner of Laura and Evelyn Avenues. A 16 house development, plus a retention basin is planned for the site.
NJ Appeals Court Rules in Favor of Levin Properties
The NJ Appeals Court ruled in favor of Levin Properties in a ruling published
on the Internet on July 12, 2006. The ruling was against Hamilton Township
and Save Hamilton Open Space. This opens the way for Levin to build their
proposed 200,000 square foot shopping center on 30 acres of land at the
corner of Klockner and Nottingham.
Hamilton Township and Save Hamilton Open Space had appealed the Superior Court decision that overturned the Hamilton Planning Board's denial of Levin's application.
The Appeals Court upheld the Superior Court ruling.
Read the complete decision
Read the Trenton Times article on the decision
There is one last legal option to stop the shopping center - the NJ Supreme
Court. The Planning Board, at the urging of Mayor Gilmore, voted to appeal
the decision to the NJ Supreme Court. Save Hamilton Open Space may join
that effort.
A Supreme Court review is requested, not automatically granted.
Read the Trenton Times article on the Supreme Court (see the last paragraph)
Highlights of the Decision"...the (Planning) Board's decision was arbitrary, capricious and unreasonable."
DRAINAGE -
"...water would be channeled into designated properties such as Hamilton
Lakes..."
"The stormwater management plan was intended to be consistent with the township, county, and state environmental protection requirements. (Note that it wasn't deemed compliant; there was only the intention of compliance. NJ law says developers must "demonstrate compliance" [to the Planning Board] with the regulations. Emphasis added.)
TRAFFIC -
" '...a planning board (under Municipal Land Use Law)...is without
authority to deny site plan approval because of off-site traffic conditions.'
"
From Elizabeth Dolan, a "traffic expert": "Klockner is currently used by 9800 cars each day, and if the proposed ingress-egress to and from the site was permitted, the sum would be augmented to 12,000 each day. She concluded that Klockner would not suffer from adverse effects."
NOISE -
"...Levin provided extensive and undisputed testimony that the noise
level would not fall outside of the parameters outlined in the ordinance."
ORIENTATION OF THE CENTER -
The court ruled that Hamilton's ordinance regarding "highway-oriented
businesses" was "a description of intended uses rather than
a substantive requirement of the direction a building must face."
This permits the center to face Klockner School.
SMART GROWTH -
" 'Smart growth is 'well-planned, well managed growth...promotes
redevelopment and urban revitalization, while preserving open space...and
environmental resources...' "
" 'Smart growth areas...protect the character of existing stable communities.' "
Smart growth should "...discourage development where it may impair or destroy natural resources or environmental qualities."
The appeals court said, "We do not discern a violation of these goals in this case."
PUBLIC COMMENT INCLUDED IN THE DECISION -
None.
Klockner Woods Wetlands Report Not Final
The long awaited wetlands report commissioned by Hamilton Township was recently completed and submitted to NJDEP for verification. But DEP returned it to Hamilton’s consultant, Van Note-Harvey, for what seemingly are minor revisions. When it’s finally verified by NJDEP, the department will issue a Letter of Interpretation or LOI that officially determines the extent and type of wetlands on the property. That will help determine the amount of buildable land, which should help determine the real value of the property.
The Van Note-Harvey report did not indicate other potentially important features on the property such as the 100 year flood plain line or the water table level. Development is prohibited within the 100 year floodplain (plus a 75 foot buffer) per Hamilton’s Stream Buffer Conservation Zone ordinance. Creation of stormwater basins are affected by the water table.
Save Hamilton Open Space has always advocated preservation of the property at a fair price. That has not changed. This latest study will help determine the fair market value. Once that's done, we urge Hamilton to move forward to purchase the property and preserve it as a wooded "passive recreation" site as recommended in Hamilton's Open Space and Recreation Plan, and as supported by 1,200 people who signed a petition in favor of preservation, and as supported by a Hamilton Council Resolution.
View and compare the two wetland reports:
Old Klockner Woods Wetlands Study – Completed by owner/developer Fieldstone Associates' consultant in 2002. Includes a buffer around wetlands.
New Klockner Woods Wetlands Study – Completed by Hamilton's consultant, Van Note-Harvey, in 2005. Does not include a buffer around wetlands.
More
Newstory
Two footnotes:
* The date on the new study is August 9, 2005. We understood that the new study had to wait until the spring of 2006 to be completed due to some unique environmental factors. Hamilton's application for NJDEP verification was dated April 2006. The dates are obviously out of sync. We invite an explanation
* On Oct 25, 2005, Hamilton announced it had changed its position from one of preservation to one of working with Fieldstone to develop the property. The announced plan was for 100 age-restricted townhouses and possibly ball fields. Hamilton's Open Space and Recreation Plan calls for preservation as a passive recreation (natural habitat) tract. To our knowledge that plan did not progress beyond the initial discussion stage.
Goodbye Dey Farm
Construction recently started on the 232 acres of the former Dey Farm. Forty three houses will be built there. The project is located on both sides of Old York Road in the southern part of Hamilton. The area was recently rezoned to permit fewer houses, but this project was approved prior to the rezoning. Had the new downzoning ordinance been passed last February when it was introduced, Dey might have seen less intensive development, with a large tract of open space preserved. Inexplicably, the ordinance was delayed several months, which allowed the Dey development to proceed under the old zoning. No substantial attempt, to our knowledge, was made to save Dey Farm.
 |
 |
 |
 |
The adjacent Schisler Farm will be next. See the following story.
Goodbye Schisler Farm
The Hamilton Council passed the Development Agreement at the June 6, 2006 meeting that allows work to begin on 52 houses on the 180 acre Schisler Farm. The farm is located on Sawmill Road in the southern part of Hamilton.
Approximately three years ago Hamilton’s Planning Board denied the Schisler development application and the case was taken to court. After lengthy litigation and a court order, the developer won. The Development Agreement was only the final, and seemingly irreversible step, in a contentious process.
Hello New Road Through Farms
Together the Dey and Schisler developments will cut a swath between preserved farms that lie on either side of the new housing tracts. In addition there’s a plan – part of Hamilton’s Master Plan in fact - for a road to be built partly adjacent to, and partly through, the Schisler and Dey developments. It would connect Iron Bridge Rd. with Merrick Rd and would become an access to Hamilton Marketplace for new developments in Burlington County.
Part of the agreement worked out between Hamilton and the Schisler developer calls for $150,000 to be paid by the developer to the township, presumably to build the road, or part of it anyway. (The road will cost many times more than $150,000.) Interestingly there’s no requirement to specifically dedicate the money to building the road.
There was a lengthy discussion about the road at the June 6 council meeting. Most people spoke against its development, and at the very least wanted the road “fund” to be increased so taxpayers would not have to pay for it. But the die was cast and the fund remained unchanged.
There are major obstacles to building the road. Perhaps the most significant is that it would traverse wetlands and a tributary of Doctor’s Creek. Hamilton will need to go through the process of getting a permit from NJDEP.
Alternatively “stub roads” were discussed at the council meeting. The notion is that a road would go from Sawmill Road into the development and then stop before it reached the wetlands. Perhaps another stub would come from the other direction.
Save Hamilton Open Space advocates no road. It will degrade wetlands, increase traffic in Hamilton and further encourage the suburbanization of our farmbelt – an area the township is seeking to preserve via the new RRC ordinance. The road would contradict the intent of the RRC.
RRC Zoning Challenged in Court
The RRC or so-called "downzoning" creates special zoning in the area of Hamilton generally southeast of Rt. 130. It is designed to lower density (the number of houses on a given plot of land) and to preserve the rural character of the area, while still allowing some development to occur. It became law November 24, 2005. Developers have challenged the validity of the RRC by filing a suit to overturn it. This would permit much denser residential development and severely decrease the amount of open space in Hamilton's farmbelt. Save Hamilton Open Space has joined Hamilton Township to defend RRC. Details on the RRC
Beautiful New Hiking Trail Opens
Mercer County recently announced the opening of a new hiking trail to the top of Mercer County's highest point, Baldpate Mountain. It's a beautiful hike through a forest with a spectacular view at the end. Take Route 29 north past Washington Crossing. Turn right onto Fiddlers Creek Road. Look for the iron gate on the left just off Rt. 29. Parking is very limited. The trail is to the right just inside the gate. Look for blue "trail blazes".
Map