Questions Raised About Hanover Road Development

By Andrew Gorosko

Planning and Zoning Commission (P&Z) members are considering a developer’s request for a borough resubdivision that would create nine house lots on a steep, wet, and irregularly shaped 16-acre parcel lying between Hanover Road and The Boulevard.

Applicant J. Richard McLachlan of 32 The Boulevard and others want to create seven house lots on Hanover Road and two lots on The Boulevard. Sanitary sewers and a public water supply would serve the Hanover Road lots. The Boulevard lots would have septic systems and domestic water wells.

The property lies on the east side of Hanover Road, across Hanover Road from its intersection with Sunset Hill Road. One of the lots would abut the intersection of Hanover Road and Hall Lane. Just over three acres of the rugged, mostly wooded site is wetlands. No new roads would be built.

The site is one of the last dividable properties of substantial size in the Borough. P&Z members are expected to act on the resubdivision proposal at an upcoming session.

In a letter to the P&Z, the Borough Zoning Commission expressed concerns about public safety and environmental aspects of the development proposal.

In the April 12 letter to P&Z Chairman Daniel Fogliano, Borough Zoning Commission Chairman Linda Shepard wrote that the borough zoners have visited the site and have found that creating seven lots on Hanover Road would increase traffic there, creating a public safety risk due to curves and drops in the road. Sight lines in the area would make it difficult for motorists on the street and motorists on the proposed driveways to see one another, Ms Shepard wrote.

If extensive tree cutting on the site is necessary, as suggested by Conservation Official C. Stephen Driver, borough zoners would be very concerned about controlling erosion and sedimentation on the property, Ms Shepard wrote. Ms Shepard suggested that the applicant seek borough tree permits for development work on the proposed Lots 2 and 5 due to the presence of large trees near roads.

“We are of the opinion that the subdivision, as proposed, would create a risk to public safety and the environment, “ Ms Shepard wrote.

Because the borough does not have a planning agency, the P&Z functions as the borough’s planning commission in reviewing subdivision proposals. The McLachlan application, however, is subject to borough zoning regulations, which vary somewhat from the town’s zoning regulations.

In a review of the development project, Elizabeth Stocker, the P&Z’s planning aide, notes that Hanover Road serves as a major collector road, which is narrow and steep and has a sharp drop-off on its eastern side where seven houses would be located. Driveways to serve those houses must be carefully sited, she wrote.

In a memorandum, town conservation official C. Stephen Driver wrote that nearly every tree in the front area of lots along Hanover Road would have to be cut down to meet grading requirements. The extensive regrading would require constant supervision to prevent erosion and sedimentation problems, according to Mr Driver. In order to meet driveway grading regulations, some of the houses would have to be built with garages on the same level as the main floor, instead of the more common construction of garages beneath the main floor, he said.

Mr Driver expressed concern that unless a very good builder develops the homes, erosion and sedimentation problem would occur. The Conservation Commission approved a wetlands construction permit for the project last October.      

In a letter to the P&Z, Kevin Donovan of 13 Hall Lane wrote that Hanover Road is a dangerous road where speeding traffic is common, noting that the hazardous intersection of Hanover Road and Hall Lane has been the scene of many accidents, including a serious collision last year. Houses which are built on the site would be subject to wet basements, Mr Donovan also wrote.

The Proposal

Attorney Robert Hall, representing the developer at an April 20 public hearing, told P&Z members the value of the site as raw land has been appraised at $275,000. The developer does not propose creating a public open space parcel on the property, but instead would provide a fee in lieu of open space to the town, Mr Hall said. That overall fee would be $27,500, or one-tenth of the value of the raw land, he said. Fractions of the $27,500 would be provided to the town by the developer as each lot is sold in the resubdivision, he said.

P&Z member Robert Taylor said that due to the configuration of the subdivision, he cannot support the P&Z accepting a fee in lieu of open space, instead of actual open space land.

Mr Hall said it is difficult to find an appropriate place on the site for public open space, noting that such open space would only cover about 1.6 acres.

Mr Hall said the development proposal fully complies with the borough’s zoning regulations. It will be up to the P&Z to decide if the proposal complies with the planning regulations, he said.

A question facing P&Z is whether safe driveways can be built off Hanover Road, while considering grades and motorist sight lines, he said.

“There are water and sewer lines on Hanover Road which make this property appropriate for development,” Mr Hall said. When the sewer system was constructed several years ago, sewer installers left seven sewer stubs extending eastward from the sewer main in Hanover Road toward the McLachlan property, he said.

Engineer William Carboni, representing the developer, said the proposed Hanover Road driveways would have a 15 percent grade, which is the maximum steepness allowed by the town. None of the proposed lots would exceed the town’s 200-cubic-yard limit for the removal or deposition of fill on lots, he said. Retaining walls would need to be built to stabilize construction sites and trees would have to be cut, he said.

Mr Carboni said the project would meet the minimum requirement for 150-foot-long motorist sight lines at driveways. To achieve such sight lines, trees and brush would have to be removed, he said.

 P&Z member Robert Poulin said he inspected the site and found an immediate drop-off on the east side of Hanover Road, where Lot 7 would be created. Noting the amount of site work that would be needed to develop the site, he said, “That’s a lot of fill. That’s a lot of fill.”

The filling would meet town requirements, Mr Carboni responded.

Neighbors’ Concerns

Scott Baggett, of 26 Hall Lane, who also owns property at 47 The Boulevard, told P&Z members that extensive tree removal and grading on the site would result in erosion problems. Water from the site would wash downhill onto his property, which has a septic system in the front yard, he said.

Erosion from the site would extend wetlands onto his property, he said. Occasionally, in heavy storms, water reaches his front porch, he said. Constructing the subdivision would worsen that problem, he added.

Mr Baggett asked how the town would prevent residents in the new homes from eventually clearing wetlands in their rear lots, although those areas would have restrictions on such clearing.

Hanover Road is a narrow road where there is insufficient room to install guardrails, he said. Adding guardrails, though, would create motorist sight line problems, he said. Mr Baggett also asked how construction work with trucks would proceed off of Hanover Road.

Linda Kratzer, of 23 Hall Lane, said clearing the site for development would result in added water flow across her property.

David Barbour, of 11 Schoolhouse Hill Road, who has a pond on his nearby property, asked how the children, who would live in the new subdivision, could be kept from entering his pond.

Wendy Fuller, of 5 Schoolhouse Hill Road, said she fears her backyard could become a swamp or bog if development occurs.

 Also, development would increase traffic on Schoolhouse Hill Road, she said. That street is narrow and cannot adequately handle the traffic it now carries, including the traffic generated by nearby factories, she said. Ms Fuller also voiced concerns about the effect the project would have on Hanover Road traffic.

John Barnum, of 27 Hanover Road, said developing the site as proposed by the applicant would result in a “blind spot” for motorists at Lot 6.

In response to comments on the development proposal, Mr Carboni said the developer would meet Mr Driver’s requirements for strict monitoring of the site to prevent erosion and sedimentation problems. Conservation easements would be in force to prevent physical changes from being made to wetland areas on the site, Mr Carboni said.

Mr Hall said if Mr Barbour wants to keep people out of his pond, it would be up to Mr Barbour to fence off his pond.