Bluffs receives zoning approval for revised site plan

HAMBURG-The Bluffs at Ballyowen has revised its original plan and will relocate 29 houses to make certain they are set far enough back from the street to meet legal requirement. A total of 67 houses for persons aged 55 and older will be built on the site. The new development is located just off Gingerbread Castle Road, across the river and up the hill from the ruins of Wheatsworth Mill At the April 18 Planning Board meeting, Engineer Matthew Clarke, speaking for Diversified Communities, showed the board a site map depicting how the developer has altered the original site plan. Changes of this kind require a developer to submit an application for planning board approval. Because they vary from the original plan the changes are called "variances." After examining the new site plans, Hamburg Engineer John Ruschke said that it was clear that much thought had gone into the aesthetic aspects of the community. "The plan looks radically different and much better than what initially was proposed. Now, that we've gotten past the basic infrastructure issues related to drainage and sewage, architecture and aesthetics are at the fore." Michael Gaus, the lawyer representing Diversified Communities, remarked that the rumor that the owners of Crystal Springs are involved with The Bluffs is false. It is true, however, that there are some ongoing discussions about the possibility of arranging for residents of The Bluffs to use some of the amenities at Crystal Springs. Totowa residents Edward and Lori Reilly appeared before the board, alleging that Diversified Communities had failed to notify them on time of land-clearing operations affecting them and their multifamily rental property at 55 Gingerbread Castle Road. Reilly said that the notice had not reached him in Totowa until March 5, 2005. The house is located directly below the site on which the developer is clearing land preparatory to building. Reilly charged that contractors working for Diversified Communities mistakenly ripped out trees Reilly believes to be on his property. Reilly did not present survey information to show where his property line lies. He did, however, bring photographs and a camcorder recording to show the board members the results of a rock and mudslide onto his land. Said Reilly, "My property is getting wrecked. There are rocks in the driveway, mud flowing right up to the front door, and our drinking water looks like chocolate milk." Reilly presented a glass of brown-tinted water to prove his point. "The water always was perfect until the developers started knocking down the trees and plowing up the land. The situation is making my wife and me ill and we don't think anyone will listen to us. We feel as though we are spitting into the wind," Reilly continued. The Reillys also fear that the problems they believe the developer has caused will drive out their tenants. Gaus assured the Reillys that if Diversified Communities had aggrieved them by contaminating their well or by infringing upon their property, the company would right the wrong. He pledged to look into the situation without delay, and suggested the possibility of connecting the house to the water line that eventually will serve The Bluffs. The Reillys said that they didn't think they could afford the expense of installing a water line. They did not say exactly what they wanted the developer to do to solve the problems they report having. The board agreed unanimously to give Diversified Communities the go-ahead, but decided to push formal acceptance of the variance application to the next board meeting. Meanwhile, the developers may continue building at their own risk, as long as they look into the Reilly's concerns. Also under discussion was the Hamburg storm water management plan, which must be amended in light of more stringent requirements the Department of Environmental Protection expects municipalities to phase in over the next five years. Ruschke noted that developers recharge the storm water runoff on site. "They must remove 80 percent of the suspended solids. How this is implemented over next few years will be creative and interesting," said Ruschke. Joseph Hoffman, lawyer for the Planning Board noted that Hamburg had gone along with the model storm water management plan the state offers. "We're always working to improve standards and consistency," Ruschke asserted.