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Developer pleading hardship

7/29/75 by 

North Oaks Development Corp., which wants to build a $16 million planned unit development is pleading economic hardsdhip in seeking relief from some of the conditions of tentative planning board approval.

Engineer Brendan Dowling, in his testimony during last night’s board meeting, said the size of some storm drain pipes “makes the cost prohibitive."

The applicant is seeking relief from a condition which would mandate 3,800 feet of pipes in sections of the planned unit development which will not immediately be constructed.

Instead, the applicant proposes open drainage ditches as a temporary measure.
The changes were characterized  by corporation attorney John A. Hoffman from the Wilentz Goldman and Spitzer law firm as “minor and temporary.”

Hoffman also argued against a cash performance guarantee, calling that and the drainage something which “would provide severe economic hardship to the applicants.”

Township engineers William Dailey said he concurred with Dowling’s analysis of the situation. Dowling had said the ditches were a workable alternative. They would, the engineer said, he lined with crushed stone.

Attorney Phillip Paley, who represented Brown Boveri an adjacent property owner, questioned whether fencing would be put on the site before ditches were constructed.

Joseph Albanese, the architect, said he had given no thought to such timing but would look to the planning board for direction.

The architect said one of the corporations prime concerns was to drain the site since it was “going to have difficulty getting construction vehicles in and out of the site.”

Also questioning the applicant were Leonard S. Mandelblatt, John Losso and Jacob Fisher, three residents involved in a Superior Court suit aimed at voiding preliminary approval.
“What assurance do we have that the ditch won’t be there five, six or seven years from now?” Fisher asked. There was no answer.

“When would this ditch become a pipe?” Mandelblatt reiterated.

Albanese said he hoped it would be in six or eight months but said there was no positive way to get an answer.

Township planner Paul Keller also challenged Hoffman’s claim that bonding of the entire project was not needed at the initial stage of construction.

Board members questioned bonding for the sections where the applicant "sought to install temporary ditches and after a short recess voted to table the application for further study.

Read the original article here.

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