P&Z Rejects Hanover Road Subdivision

By Andrew Gorosko

In light of public safety concerns, Planning and Zoning Commission (P&Z) members have unanimously rejected a proposed residential subdivision on Hanover Road in the borough, turning down a developer’s request to create nine house lots on a steep 16-acre site.

P&Z members turned down the application of Richard McLachlan of 32 The Boulevard, and others, June 15 after discussing the development application. Voting in opposition were Heidi Winslow, Lilla Dean, Robert Taylor, and Robert Poulin.

The applicant wants 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.

According to the P&Z, existing guard rails along Hanover Road would have to be removed to construct the driveways for three, and possibly four, building lots, Also, extensive regrading proposed for three other lots there may create the need for more guard rails along that road, the P&Z states. “The combination of these factors causes questions as to the impact this proposal will have on public safety,” the P&Z states. The applicant has not adequately addressed the full impact of the project on Hanover Road and on public safety, according to the agency.

Also, the developer proposes certain drainage work for the development, the extent of which requires that he reach a road work agreement with the town, according to the P&Z. Such agreements describe the improvements which a developer will make to public roads near subdivisions.

The P&Z also states the developer does not meet requirements concerning the rights of way for Hanover Road, Hall Lane, and The Boulevard.

Also, the applicant has not adequately addressed the effect the borough’s public tree ordinance would have on the proposed development and whether the location of certain trees would pose public safety hazards, according to P&Z. The borough’s public tree ordinance applies to trees which are partially or completely within the public rights of way for roads.

 Mr Poulin said that Lots 5 and 6 in the proposed subdivision would have steep drop-offs from Hanover Road. Large amounts of earthen fill would be needed to create driveways on those lots, he said. The extent of the earth moving needed to develop those lots would lead to drainage problems and safety problems on the ramps which carry the driveways from Hanover Road to the homes’ garages, he said.

The P&Z conducted a public hearing on the McLachlan subdivision application in April.

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

In the 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 the 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 Lot 2 and Lot 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.

In a review of the development project, Elizabeth Stocker, the P&Z’s planner, noted 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 problems 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 that are built on the site would be subject to wet basements, Mr Donovan also wrote.

At the April public hearing, nearby property owners voiced concerns about drainage, erosion, sedimentation, traffic, and public safety.