Public Notice:
PLEASE TAKE NOTICE that K. Hovnanian North Jersey Acquisitions, L.L.C. (“Applicant”) has applied to the Planning Board of the Borough of Montvale for Preliminary and Final Major Subdivision and Preliminary and Final Site Plan approval with variances for property owned by Reno A. Del Ben identified on the Borough Tax Maps as Block 301, Lots 1 and 4, and Block 1002, Lot 7 lying between, and fronting upon, Summit Avenue and Upper Saddle River Road. (Also known as 32 and 49 Upper Saddle River Road and 127 Summit Avenue.) Such property lies in both the AH-6 Affordable Housing District and R-40 Single Family Residence District. The Applicant is seeking approval of a revised development application in accordance with a Settlement Agreement, dated October 8, 2013 by and among the Applicant, Planning Board and the Borough of Montvale. The Settlement Agreement resolved a lawsuit filed by Applicant challenging the denial of preliminary site plan approval, related variances and preliminary and final subdivision approval, as set forth in a Resolution adopted by the Planning Board on October 4, 2011. In an Amended Order for Judgment issued by Judge Carver and filed on August 30, 2013 in the Superior Court of New Jersey, Law Division- Bergen County, Docket No. BER-L-9574-11, the Settlement Agreement was remanded to the Planning Board for a “Whispering Woods” hearing, i.e., a hearing on the revised development plans consistent with the Settlement Agreement. Applicant proposes to reconfigure the three existing lots into proposed Lot 1 consisting of 16.87 +/- Acres in the AH-6 Zone and proposed Lot 7 consisting of 28.40+/- acres in the AH-6 and R-40 Single Family District. There is no change in the subdivision application. o; The revised development application reduces the townhome complex from 100 to 80 dwelling units on proposed Lot 1 which front upon and shall have its only access from Upper Saddle River Road. The type of townhome buildings around the periphery of the development facing Upper Saddle River Road (Buildings 3 & 4) and Serrell Drive (Buildings 1,2 & 9) has been changed from a 3 story stacked townhome building to a 2 story traditional townhome building. The townhome buildings have been moved 20+7- feet into the site and away from Upper Saddle River Road and Serrell Drive, respectively. The traditional townhomes have decks off the first residential floor and some have walk out basements. The foundations in the rear of the buildings are decorated and not left as exposed concrete. The buildings in the interior of the site continue to be 3 story stacked townhome buildings (Buildings 5, 6, 7, 8, 10 &11). The number of homes set aside for low and moderate income housing has been reduced from 20 to 6 and are located in stacked townhome Buildings 7 & 8.) The retaining wall along Serrell Drive have been reduced from 15+/- feet to 4.5+7- feet behind Building 1 and has been eliminated behind Buildings 2 & 9. In connection with the application, Applicant will seek variances, exceptions and waivers from the provision of the Borough’s Land Development Ordinances as may be applicable and to the extent necessary including but not limited to: Minimum front yard setback from internal streets of 30 feet (Sec. 128-5.7D(2)(a)[2]) to allow a 25+/- setback for the traditional townhome buildings and 28.5+7- feet and 27.8+7- feet for stacked townhome Buildings 5 & 7; Minimum side or rear yard setbacks of an undisturbed 75 foot setback/buffer area to an external property line where the property is adjacent to a zone other than an Affordable Housing Zone (Sec. 128-5.7D(2)(b) and 128-5.78(1)) to allow: a 45+/- rear yard setback for buildings 10 & 11 in the rear of the property toward adjacent Lot 7 (which is part of the subdivision and will be deed restricted to create a 75′ setback/buffer to mitigate the variance); the internal access road, parking area and Retaining Wall 4 which is 25.4S+/- feet from the westerly property line; and the detention basin including access path which is 30+/- feet from the northern – property line of existing Lot 1; Maximum Building Height of 2 stories (Sec. 128-5.7 D(2)(g)) to allow three stories for stacked townhome Buildings 5, 6, 7, 8, 10 & 11; Maximum number of 8 units per building (Section 128-5.7 D(2)(h)[l]) to allow stacked townhome Buildings 5, 10 & 11 to have 10 units and stacked townhome Buildings 7 & 8 to have 11 units; Construction on slopes with a pre disturbance topographic slope of 15% or greater (Section 128-6.3.1); Maximum height of fences of 4 feet (Section 39-4) if and to the extent required for any retaining walls with fences on top of the retaining wall and 6 foot privacy fences between patios/decks; Percentage of Affordable Housing Units of less than 20% of the total number of homes if and to the extent required; Applicant will seek any and all variances, exceptions or waivers or other relief as may be require by revisions to the plans during the public hearing process or otherwise. Applicant is also seeking approval of a Soil Moving Permit. The Application has been scheduled for public hearing on Monday, January 13, 2013 at the Municipal Building, 12 Mercedes Drive, Montvale, New Jersey at 7:30 p.m. or as soon thereafter as the matter may be reached. Any interested party may appear at the hearing in person or by counsel and will be permitted to question witnesses, offer testimony or otherwise participate in the hearing. The plans, application and supporting documents, including the Settlement Agreement, dated October 8, 2013, are on file and may be inspected at the Planning Board offices, 12 Mercedes Drive, Montvale, New Jersey during regular business hours. Francine Chester, Esq. Attorney for Applicant K. Hovnanian North Jersey Acquisitions, L.L.C 110 Fieldcrest Avenue Edison, N.J. 08837 732-623-6819 January 1, 2013-Fee: $155.92 (166) 3618571