Kushner RE Lawyer Wants to Amend JMZO to Allow "Apartment Complex" Use

On December 20, 2022, the Newtown Planning Commission reviewed a sketch plan submitted by Kushner Real Estate (KRE) Group to construct a multi-story residential apartment building/complex containing 225 luxury apartments on a 17.87-acre parcel. Access to the site is proposed via two, two-way driveways along the Bypass and Silver Lake Road. At the outset of the meeting Edward F. Murphy, Esq (Wisler Pearlstine, LLP), representing KRE, claimed that the proposed use was NOT an allowed use currently anywhere in the JMZO. At the end of the meeting it was revealed that rather than go before the ZHB to obtain variances to the OR zoning (as mentioned above), KRE would prefer that the Jointure amend the JMZO to include the use that KRE is proposing. Synopsis of the discussion by PC Chair Peggy Driscoll [Listen to "KRE Sketch Plan Q&A at the December 20, 2022, Newtown Planning Commission Meeting" to hear the complete Q&A discussion.] The Jointure does not permit such a residential use in any of our zoning districts. Attorney Ed Murphy indicated that the plan would require a zoning amendment, which the applicant preferred over a use variance. The Commission members had many concerns about the size and intensity of the project and had many questions about traffic, economic impact, and preservation of wetlands and woodlands. We discussed the impact of such a large building on the school district. The sketch plan seemed to indicate that the appearance from the bypass would be relatively unchanged. The applicants presented a series of photographs of a similar project in Bedminster, New Jersey, which seemed to feature some commercial components but there are no plans for commercial uses, like a coffee shop of café at this development. As this was a very preliminary presentation, the applicants plan to take the Commission’s comments and questions and attempt to address them, providing some additional information of traffic studies and demographics of prospective tenants. The Commission members were generally hesitant to support such a complete change in existing zoning, however we are willing to continue to work with the applicant and learn more about their plans and their successes in other municipalities.