Testimony centers on residents' age, parking Debate continues over 90 senior units planned for Ryders Lane BY VINCENT TODARO Staff Writer EAST BRUNSWICK - Residents are concerned that people under the age of 55 would be able to move into an age-restricted community proposed on Ryders Lane. Arbor Ventures, which is seeking Zoning Board of Adjustment approval to build the 90-unit senior community, is willing to disallow anyone under the age of 55 in the development, but residents and board members question whether such a restriction would be enforceable. The matter was discussed at the zoning board's June 21 meeting, the second to include testimony on Arbor Ventures' proposed Quail Cove development. The development would be located at the corner of Ryders and Guernsey lanes. Testimony on the application will continue on Aug. 2. The age issue, which went unresolved during the meeting, was discussed due to residents' argument that the number of people under the age 55 would have an effect on parking and traffic conditions, as well as the township school district. Quail Cove would consist of four buildings. Three would be three stories high and each consist of 27 housing units; the fourth would hold the clubhouse and nine units. Since multi-family housing is not permitted on the 7.5-acre parcel located in the township's R-3 single-family housing zone, Arbor Ventures needs a use variance from the zoning board in order to build the community. Residents who have organized in opposition to the proposal say they would prefer to see single-family homes built according to the zoning restrictions, as they fear the proposed development would present traffic and parking problems. Parking, and whether enough spaces would be provided to keep overflow parking from nearby residential roads, was a point of contention between the developer and residents at the first hearing in May. Since that meeting, Arbor Ventures has increased the proposed number of parking spaces by 12, for a total of 198. During last week's meeting, the applicant's attorney, Ken Pape, said the increase in parking brings the average to 2.2 parking spaces per unit, which he described as "more than adequate" and exceeding all applicable standards. The developer's traffic engineer, Harvey Yesowitz, testified that the number takes into consideration parking needed for visitors, delivery vehicles and employees. At the prior meeting, Arbor Ventures' engineer, Ernest Feist, testified that each unit needs fewer than two parking spots based on his experience. But a related issue facing the board is determining how may people younger than 55 would be allowed to live in the development. Previously, Pape said that Arbor Ventures would abide by the federal Fair Housing Act with regard to the age requirements. However, residents have since learned that the requirement is that 80 percent of the units in an age-restricted development have at least one person who is at least 55 years old. The concern is about the remaining 20 percent. During Thursday's meeting, Pape said his client has no interest in allowing children to live in the development, and that Arbor Ventures would forego the right to allow them. But board member Richard Klein wondered whether federal law would trump any restriction the board makes as a condition of approval. Board Attorney Gary Schwartz said he would have to research the matter. "I'm not sure we can do that," Schwartz said of banning children from the development. Pape said there is a good deal of case law dealing with developers who intentionally violate rules regarding the ages of occupants. Pape, in response to a question from Stockton Court resident Howard Sommers, said developers found to be in violation had lost the designation of being an age-restricted community and became a general acceptance development, a remark that drew concerns from skeptical residents. Board Chairman Steven Philips also noted that the township could not police the units to be sure that every resident was over 55 years of age. Among their other concerns, residents feel the three-story buildings would look out of place in a single-family neighborhood and that the development would bring in far more traffic than if the property was developed with single-family homes. When Yesowitz testified that the amount of parking being supplied was more than enough, Klein asked if he took into consideration trips from residents' friends and relatives, especially on holidays. Yesowitz said such factors were taken into consideration. Yesowitz said traffic would not be as bad as some fear because they are overestimating the number of cars. People living in such communities do not drive as much due to their age, he said. He testified that the development would bring in residents older than those residing in many typical senior citizen communities because there would be fewer on-site activities to attract younger couples. Klein remained skeptical, saying that he has seen first hand how the seemingly best-laid plans can fail. He pointed to a Dunkin' Donuts application he heard as a board member. While the applicant convinced the board that there would never be a long car line waiting at the drive-thru, Klein said he has had to wait 15 minutes in a line of cars to get coffee.-