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October 24, 2007
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Council approves Hartz Mountain rezoning plan
Gas station remains a contentious point
BY CHRIS GAETANO Staff Writer
The Edison Township Council voted to approve the rezoning of the former Ford Motor Co. site, bringing the proposed Hartz Mountain project one step closer to completion. The vote took place during a special meeting Oct. 18, held specifically to accommodate the massive amount of public comment the proposal had generated.

The council was nearly unanimous in its approval to rezone the approximately 100-acre tract of land, with Councilman Robert Diehl providing the lone dissenting vote, based on his opposition to a proposed gas station that would be located on the site.

Members of the council, as well as representatives from Hartz Mountain Inc., were firm in their assertions that this vote was not the end of the process. While the zoning for the site has now been cleared, agreements between the developer and the township still need to be negotiated. Furthermore, the specific site plan details will still need to be cleared by the Planning Board, which will have ample opportunity for public comment.

The Hartz Mountain project would, specifically, be a large open-air "lifestyle center" containing offices and retail stores. Earlier versions of the plan had also included residences, but this notion faced heavy opposition from the township and was quickly put to rest. It would have access points along Route 1 and Vineyard Road. As part of the agreement, the firm would donate 7.5 acres of open space to the township, which would be added to the nearby Paterniti Park, which lies just outside the redevelopment zone.

The meeting opened up with a presentation by consultant Michael Sullivan, of the firm Clarke Caton Hintz, which is designing the facility. He went over which of the Planning Board's recommendations the firm is willing to comply with, and which ones they disagree with.

First, he noted that without any prompting, it was decided to raise the light fixture height from 20 to 24 feet, to add parking for loading within the building setbacks and not within the buffers, and to extend the stormwater management program to the open space on the development site.

He then talked about the recommendations Hartz Mountain is willing to adopt. The firm clearly defined "New Urbanism," the planning philosophy under which the project is being developed, which stresses pedestrian-friendly mixed-use developments. The firm provided the township with architectural standards to which the developer will adhere in the construction of the project's buildings. The firm agreed to provide a scale model of the facility, though later noted that it would be a computer-based, virtual model. The firm also agreed to provide design contexts, drawing comparison with developments such as Zona Rosa in Kansas City. Hartz Mountain agreed to dedicate the 7.5 acres of open space, remove the use of health clinics and cell phone towers, and will not permit 90 percent impervious coverage. It was agreed that big-box stores, of which there will be two, must be properly integrated into the overall area and thus will not stick out. It was also agreed that stormwater regulations will now be in conformance with both state and local standards, and signage areas will now comply with state Department of Transportation safety regulations. Finally, shared loading areas will be further discussed in the site plan discussions.

Sullivan then explained what recommendations the firm will not accept.

Among the more contentious points was the addition of a gas station on the site, which had been a source of significant concern among members of the public and township officials. Sullivan said the abundance of restrictions on the proposed gas station would ensure that no problems would emerge from it. The gas station would be available only internally, for people in the Hartz Mountain site. It would also have no convenience store, would not exceed 17 feet in height, would not be visible from Route 1 or Vineyard Road, would not have diesel pumps, thus precluding trucks from stopping by to refuel, and it would be allowed to be built only in the southwest corner of the perimeter.

Also among the recommendations the firm was not enthusiastic about was the elimination of rooftop signs.

"Rooftop signs are very important," said Sullivan.

He said that this was still nothing to worry about, saying there would only be four of them, and they would be no higher than 12 feet, would need to be screened from residents, and must be justified before the Planning Board.

The firm also declined to set a specific theme for the site, to agree to use only township-based contractors, to eventually incorporate the Clayton block for a right of way (the firm is still in discussions with the DOT about this) and to make the facility composed of environmentally friendly buildings.

Members of the council all lodged their heavy opposition to the idea of a gas station in the development, but one of the themes of their comments seemed to be that in negotiation, one does not always get what one wants.

"The plan's not perfect … . But I'm old enough to know, we should not let the perfect be the political enemy of the good," said Council Vice President Anthony Massaro.

The council asked people to consider all the other concessions the township had negotiated, such as the elimination of the residential component of the project and addition of the open space dedication. Most members of the council felt that despite some reservations, the benefits for the facility will far outweigh the drawbacks. Council member Sal Pizzi said it will bring thousands of jobs and between $4 million and $5 million in tax revenue a year.

"This alone is going to boost Edison's economy to limits I can't wait to see. … This is going to be the diamond in Edison and one of the biggest projects in the state," said Pizzi.

Not as enthusiastic was council member Robert Diehl, who said that the gas station was unacceptable and that he could not support what he felt was an otherwise wonderful proposal.

"There are some wonderful things about this plan, and we fought hard for a lot of these. … What I don't like is the gas station. It's been implied that the financial success of this plan hinges on a gas station. I don't believe that," said Diehl, who said the gas station seems contrary to the purpose of a pedestrianfriendly lifestyle center. He also wondered why, if the gas station is so important, Hartz Mountain allowed so many restrictions to be imposed on it.

After the council's comments, the floor was opened to the public, and residents from all walks of life stepped up to speak on the issue. Overall, residents were cautiously supportive of the project, liking the overall idea but being very wary of some of the specifics. While dozens of people spoke on a variety of matters, several major themes began to emerge.

Many of the criticisms that residents had were environmental in nature. Bob Spiegel, of the Edison Wetlands Association, an environmental watchdog group, said contamination, which had previously been discovered at the site, still needs to be remediated before the township signs off on anything.

"We need to look at getting this site cleaned up," said Spiegel. "… Once they get what they want, what incentive do they have?"

Council President Charles Tomaro replied that there would be no activity until the council signs off on it, and will hold the firm to cleanup efforts.

Several residents also criticized the lack of environmentally friendly "green buildings," with some noting that other municipalities such as Highland Park were making such measures part of their overall planning policy.

The presence of the big-box stores was also a point of contention, especially with the number of labor union members who got up to speak. Ray Stever, president of the New Jersey State Industrial Union Council, said the addition of jobs should be taken with a grain of salt, since not all work is created equal.

"You're talking thousands of jobs. Are you talking thousands of quality jobs, or thousands of cr*p?" said Stever. He went on to say that not only should the construction of the site utilize union workers, but that the employees within the center should also be organized.

A connected concern brought up by many residents was the impact this would have on traffic, noting that a Wal- Mart will be going up nearby. The combination of Hartz Mountain and Wal- Mart might make congestion unbearable. It was generally viewed by the residents that the gas station would exacerbate this situation.

A point of contention among some other people was the lack of a physical model of the proposed facility, with some saying that now everyone knows how to use a computer to explore the virtual model. It was noted by the council, however, that a truly detailed model of the lifestyle center would fill an entire room, and anything smaller would be too small to really get any significant impression of the site.

A handful of people urged the council to approve the measure, saying that it would provide the shot in the arm Edison's economy needs, and that they hope the revenues from the site would be used solely for tax relief for the residents.

"You have the opportunity to bring economics, to bring jobs … you can criticize little details, but the reality is they have to find ways to make this economical," said Joe Petrucelli, who is also on the finance committee. "… The ultimate goal is what's best for the town, and what's best for the town is $5 million in ratables and stopping these ridiculous tax increases."

When the final vote was taken, Diehl tried to amend the measure to specifically exclude the gas station, but he could not find anyone on council to second the motion.

"I think we can still negotiate and still get the beautiful plan we want," said Diehl, explaining his subsequent no vote.

Other council members, while acknowledging that they, too, dislike a gas station, said they weren't prepared to let its presence dissuade them from approving what they felt was an overall good plan.

"With a heavy heart, I'm going to approve this plan, as much as I dislike the gas station," said Pizzi.

Edison Mayor Jun Choi said that he felt the gas station was not needed and that he would have preferred to see a community center on the open space tract. Still, he was glad the plan was going forward.

"I think the lifestyle center is great, a community center would make it better. The council can live with the consequences with what the gas station will produce on this site, and now we move forward," said Choi.