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) 571-7977
Klockner Woods
Photo Gallery
| Join Our Mailing List |
Donate to SHOS
using JustGive.org
Open Space Projects
Save Hamilton Open Space ProjectsBelow is the SHOS project list with the latest status of each one. Latest revision dates are noted for each project.
Care One (September 9, 2009)
Route 130 Development and By-pass (September 9, 2009)
Laura Ave.(October 5, 2009)
Levin Properties (September 9, 2009)
Rolling Acres - Palagano and Square Properties developments (September 9, 2009)
Klockner Woods (September 9, 2009)
Route 130 Development and By-pass (September 9, 2009)
Laura Ave.(October 5, 2009)
Levin Properties (September 9, 2009)
Rolling Acres - Palagano and Square Properties developments (September 9, 2009)
Klockner Woods (September 9, 2009)
CARE ONE (September 9, 2009) -
At it’s June 9, 2009, meeting Hamilton’s Zoning Board denied a proposed expansion of the Care One assisted living facility located on Whitehorse-Hamilton Square Rd. near Cypress Lane. The vote was 5-2 to not grant at least eight variances to township zoning regulations. Denial of the variances effectively denied the development plan.
The proposed addition to the existing Care One facility was 62,000 square feet (50% more than allowed by code). It would have more than doubled the size of the existing 58,000 square foot facility.
SHOS supported residents of Society Hill II, the condominium complex located behind the proposed development, who argued that Care One should follow existing zoning rules. Approximately 70 people attended the final meeting in a battle that stretched over two years and numerous Zoning Board meetings.
Society Hill II residents organized as REEL DC (Residents for the Enforcement of Existing Land Development Codes) to oppose the variances sought by Care One. Among their concerns were an inadequate storm water management plan, decrease in property value, increase in traffic, a reduction in the buffer between homes and Care One from 150 feet (required by code) to 15 feet (in places), elimination of scores of trees in the buffer and on the site, and construction of a new roadway behind the proposed facility. Also, if the plan had been approved, residents who currently view trees from their homes would have seen a 400-foot long building instead.
Experts in planning, environmental, and legal issues testified in support of Society Hill II residents at the Zoning Board meetings.
Status: Application denied. Care One can abandon their expansion, appeal the Zoning Board decision, or submit a new plan.
Residents' Website
Trenton Times stories about Care One
ROUTE 130 DEVELOPMENT AND BY-PASS (September 9, 2009) -
The Hamilton Council approved zoning changes to two areas on Route 130 that would make larger developments possible in a “planned commercial development”. One of the affected areas is near the border with Robbinsville on the south-bound side of Route 130.
The newly zoned land is also the location of a proposed by pass or connector road between Route 33 and Route 130.
The area is the source of Pond Run, the flood prone stream that flows through Hamilton behind the Senior Center. (See flooding photos below) . Further, the by-pass would cross Edges Brook which flows into the environmentally sensitive Hamilton-Trenton Marsh.
 |
 |
 |
 |
Development and the roadway will likely increase flooding by increasing impervious surface and thus lessening infiltration of water. The result will be increased downstream flow. Water quality will suffer from runoff from development and the road. Pond Run joins Assunpink Creek in Trenton, which flows into the Delaware River. Thus not only Hamilton, but Trenton and the Delaware River will be affected.
The area is also the site of a portion of the Camden and Amboy Railroad, the first railroad in NJ and third in the U.S. The 5.7 mile stretch, known formally as the “Robbinsville Industrial Track” is listed as one of the top ten endangered historic sites in NJ. Preservation New Jersey calls it “…a one-of-a-kind historic resource…” and says it should be acquired as a “…distinct, unique, historically significant open space for the community.” The bypass and/or commercial development likely would result in obliteration of at least a portion of the rail right of way. (Robbinsville is also planning to develop portions of the historic right of way.)
Both Mayor Bencivengo of Hamilton and Mayor Fried of Robbinsville strongly support the bypass.
Trenton Times story about connector road
Trenton Times story about zoning change
Status: Rezoning the area has been completed. The bypass has been supported by Hamilton and Robbinsville mayors and NJDOT seems to be in favor of building it.
LAURA AVE (October 5, 2009) -
Residents in the Cornwell Heights neighborhood opposed the Gres Kaluzny LLC application to build 16 houses and a retention basin on 7.7 acres of a former farm at the corner of Laura and Evelyn Avenues saying the development was was too dense and out of character with the neighborhood. Major concerns were potential flooding and increased traffic in the quiet neighborhood (along with similar impacts from the nearby train station development).
The property is adjacent to Assunpink Creek, and was recommended as a site for a park in "Closing the Missing Link on the Assunpink Creek Greenway", a report by the Delaware Valley Regional Planning Commission.
Hamilton’s Planning Board approved the application on March 10, 2005 with the condition that NJ DEP and/or the Mercer County Soil Conservation District approve the storm water management plan.
SHOS appealed the approval contending the Planning Board was responsible for approving the storm water management plan, that NJDEP and MCSC had no authority to approve it and therefore would not act to determine compliance (and even if they did, the public would not be able to participate in their decision) and further, that the plan submitted was not compliant with new state mandated rules. Three other environmental groups, the Sierra Club, NJ Audubon Society and Save Barnegat Bay joined SHOS as amici curiae in the appeal.
In July 2006 the NJ Appeals Court remanded to case back to the Hamilton Planning Board saying that “…the other governmental agencies may not act or the public may not have an opportunity to be heard on any final storm water management plans…” The court also said no lots were to be sold until the agencies approved the storm water plan and until “…the Planning Board has reviewed and approved the final plans at a public meeting”.
No approvals from NJDEP or MCSC were obtained but the developer sold lots and 16 houses were built anyway. With two days notice the Planning Board heard the matter at its Feb. 22, 2007 meeting. SHOS was not notified but inadvertently discovered that there would be a hearing. The Board denied SHOS’s request to postpone the meeting, approved the final development plans, and memorialized its approval (the final step in the approval process) in a resolution adopted April 12, 2007.
SHOS appealed the Planning Board’s decision, but the court again ruled against SHOS, saying the “Authorization to Discharge Stormwater” issued by the MCSC and NJDEP Bureau of Nonpoint Source Pollution constituted approval of the storm water management plan.
SHOS appealed and the NJ Appeals Court agreed with SHOS saying that the permit did not constitute approval of a storm water plan. Significantly, the court also said “…(the stormwater) regulations do not provide for DEP review to determine such compliance. Instead it is the responsibility of the municipal land use agency to determine compliance with the Phase II regulations.” The court remanded the application back to the Planning Board to rule on the adequacy of the storm water plan.
Status: The NJ Appellate Court ruled that there had been no approval of the applicant’s storm water management plan, that the Planning Board and not NJDEP or MCSC had authority to issue such an approval, and that therefore the Planning Board had to hold another hearing to determine whether or not the storm water management plan is compliant with NJ Phase II storm water regulations. The Planning Board hearing will be Nov. 12, 2009.
It is significant that SHOS was able to establish that Planning Boards must rule on storm water management plans and cannot simply issue “conditional approvals” subject to review by some other authority. (NJDEP reviews storm water management plans for compliance with state rules under certain conditions such as when more than one quarter acre of wetlands will be disturbed or when certain state permits are required. That was not the case for this application.)
LEVIN PROPERTIES (September 9, 2009) -
A concerted effort by residents convinced Hamilton to oppose the original Levin plan (2004) to build a 200,000 square foot shopping center on 30 acres of woods at Klockner Ave and Nottingham Way next to the largely vacant Suburban Plaza center. The Planning Board denied Levin's application but Levin appealed and the court ruled in their favor. The Hamilton Township Planning Board and Save Hamilton Open Space appealed the judge's decision. The NJ Appeals Court sided with the lower court in favor of Levin, thus opening the way to build the center.
The Hamilton Planning Board voted on July 13, 2006, to appeal the decision to the NJ Supreme Court and SHOS joined the Planning Board as an intervener in the case.
SHOS’s argument was that traffic impact on the surrounding neighborhood should be a legitimate reason for denial of the application. (Current case law prohibits off site traffic impact to be used as a basis for denial of an application by a Planning Board.) The Supreme Court refused to hear the case, again opening the way to build the center.
In February, 2008, Levin filed a Reauthorization of Freshwater Wetlands permit in order to fill isolated wetlands on the site. NJDEP denied the permit and Levin asked for an “administrative appeal” by NJDEP. SHOS’s environmental consultant contacted NJDEP to review the relevant documents. NJDEP issued an approval listing our consultant as a commenter, and in May 2008 issued a letter finalizing agreement. However, our consultant never received the documents from NJDEP and thus never reviewed them.
SHOS requested a stay of the approval to allow time for our comments. When NJDEP didn’t respond, SHOS went to the Appeals Court and contended that we were deprived of our due process right to comment on the final decision. After a settlement conference, NJDEP agreed to withdraw its approval and let SHOS comment. After a review of the plans SHOS’s consultant issued a report on October 2, 2008 saying settlement didn’t comply with NJ storm water regulations. NJDEP denied approval of the revised permit application based on that report.
Status: NJDEP and Levin working on a new settlement document. SHOS will review it and comment on it.
ROLLING ACRES (Palagano and Square Properties developments)
(September 9, 2009) -
Two strip malls and a drive-through bank were proposed by two developers for five acres of woods on Route 33 between Crest Ave. and the former Nitti Subaru dealership, now Willis Honda. The 100 year old woods is the last remnant of eastern hardwood forest along Route 33. Applications for the so-called Palagano development (a 10,000 square foot strip mall) and the Square Properties development (a 17,000 square foot strip mall and bank) were heard separately by Hamilton’s Planning Board.
Residents in the Rolling Acres subdivision, which is adjacent to the woods, opposed the developments. They feared that the developments, which would have destroyed the vast majority of the forest, would cause neighborhood flooding, devalue property, create more traffic on Route 33, and degrade the quality of life of the area by taking away this last small bit of open space on Route 33.
A major concern was the destruction of much of the woods to accommodate an above- ground storm water basin located at the rear of the properties and adjacent to residents’ back yards on Mark Twain Dr. and Perro Place. The basin was to be shared by the two developments.
A compromise was reached to save trees and provide a more substantial vegetative buffer between the developments and adjacent houses by replacing the above-ground basin with two underground basins located under parking lots along Route 33. There were many other items in the compromise agreements as well - many unique to each development.
Status:
Palagano Project - The final agreement, called a Resolution of Memorialization, was written with several errors and is currently being revised. Development cannot proceed until the ROM is finalized.
Square Properties - NJDEP determined that more than a quarter acre of wetlands would be filled and therefore has jurisdiction to review the storm water management plan. They are opposed to the underground basin. SHOS consultants are working with NJDEP to resolve the issue. Development cannot proceed without a resolution of the issue.
KLOCKNER WOODS (September 9, 2009) -
The woods is a 90 acre tract between Klockner Ave, I-295, E. State St. Ext, Nebraska Ave and the George Dick softball fields. Ownership is divided between five entities. The largest parcel, approximately 50 acres, was purchased by Fieldstone Associates in 2001, and a plan to build rental housing was filed with the township. However, the plan was never presented to the Planning Board.
Hamilton's Open Space and Recreation Plan recommends preservation of the entire parcel for passive recreation - meaning walking trails and natural habitat.
Local residents organized to convince Hamilton to acquire the land, and Hamilton began negotiations with owner/developer Fieldstone Associates. The two sides couldn't agree on a price and Fieldstone refused to sell. Hamilton then began the condemnation process (use of eminent domain) since the proposed use would be beneficial to the general public. After negotiations, Hamilton agreed in 2005 to buy the land for $4.1 million. The price was based on an assumption that each of 41 buildable lots would be worth $100,000. The town also agreed to pay interest on the sale price if the deal wasn’t closed by late 2005.
Hamilton looked to the NJ Department of Environmental Protection for the majority of funding via a low interest loan from the Environmental Infrastructure Trust Fund, a part of the Green Acres program. However, since NJ DEP disputed the earlier Fieldstone wetlands study and never issued a final Letter of Interpretation (LOI) specifying the extent and type of wetlands, a new wetlands delineation to determine the actual market value of the land was required in order to secure the funding. Hamilton hired Van Note Harvey, an environmental consulting firm, and the study was completed in August 2005.
On Oct 25, 2005, just prior to the November election, 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. The plan never materialized. In the election, Republicans gained control of the formerly all-Democratic council.
The new Hamilton Council sought to overturn the purchase by arguing that since the town council never voted to appropriate funds to buy the land, the sale agreement was invalid. In April 2007 Superior Court Judge Linda Feinberg ruled against Hamilton and ordered Hamilton to pay the agreed upon $4.1 million plus approximately $500,000 in interest that had been accruing at a rate of 8% since September 1, 2006 (per the agreement struck by Hamilton and Fieldstone).
The council appealed Fienberg’s decision. In June 2007 the NJ Appellate Court granted the town a stay in purchasing the property while the town’s appeal was heard by the Appellate court. The town lost the appeal and was ordered to buy the property at the original price plus interest.
The final price was $4,962,000 ($4.1 million plus $862,000 in interest). NJ DEP determined the land was worth $3.6 million (based on appraisals derived from the wetlands study) and provided $1.8 million, which was half of the value (their usual practice). In May 2009 Mercer County agreed to grant $300,000. That leaves Hamilton the balance of $2,862,000.
Status: According to Hamilton business administrator John Ricci as quoted in the Trenton Times (5/29/09). Hamilton’s open space fund now has about $862,000. Further he says Hamilton will have to rely on developer contributions to replenish the funds since Hamilton has no open space tax. (In the past Hamilton bonded for open space funds, so presumably that is still an option as well.) Meanwhile the NJ Supreme Court recently ruled that municipalities cannot require developers to contribute to open space funds as part of a development application. See NEWS for details about this ruling.