By Ann Genader
WEST MILFORD — An application for construction of 10 townhouses on vacant property at 1463 Union Valley Road in the center of West Milford Village was unanimously denied by the West Milford Zoning Board of Adjustment in a 9-0 vote on Tuesday.
Applicant Randa Investments LLC, property owner, was represented by attorney John Barbarula of Butler, and requested a use variance because townhouses are not permitted in the Village Commercial Zone.
They sough bulk variance relief under a section of local law that requires the setback be 20 feet maximum. The proposed setback was 60.7 feet.
The developer also requested other variances because the applicant’s plan did not conform to some existing municipal regulations.
These included dwelling units on the first floor, dwelling units without association with a commercial use and parking in the front yard.
They also requested variance relief from the maximum unit density law that requires two acres and seven and one half units per acre are proposed. Instead of the allowed maximum of eight units per site there were 10 units in the plan.
Further, the local law does not allow apartment access through individual exterior doors which the applicant requested.
The tract is 1.367 of an acre. The property sold for $135,000 in 2013. It is assessed at $102,300. Taxes are $3,794 annually, according to public records.
Highlands Council sent the town officials correspondence that due to the Highlands Water Protection and Planning Act, if the variance was granted, a full consistency determination might be required.
If the applicant were to apply for an exemption and the project does not qualify, they would have needed to apply for a Highlands Preservation Area approval with a waiver from the New Jersey Department of Environmental Protection and the Highlands Council as well as a Brownfields Redevelopment Area designation.
Additional correspondence to the township from the Highlands Council regarding Randa Investments LLC advised that they closed the previously submitted application for a Highlands Redevelopment area designation which had originally proposed a mixed use building for the site.
Records show that the property was included on the Passaic County list of sites with on-source contamination in 2001.
Identification of areas was part of the county’s Brownfields Assessment Program that was funded through a grant from the US Environmental Protection Agency.
In years that followed, the problem was addressed with successful remediation and removed from the list.
In the 1940s and early '50s, a Sunoco fuel station and general store were on the site.
Residents have said they oppose the project because Union Valley Road is already congested with heavy traffic commuter and opposite to the busy entrance of a church parking lot, farmer’s market and ball field.