Rendering of the warehouse.
A developer's lawsuit has spurred the Mount Laurel Planning Board to reconsider a Union Mill Road warehouse proposal that was unanimously denied by the board in November after considerable objection by town residents.
Board members voted 8-0 on November 10 to deny the application of Union Mill Road LLC of Wilton, Connecticut, to construct the 76,000-square-foot warehouse next to the Brightview Senior Living complex on a heavily wooded property.Â
The Township now seeks to settle a lawsuit filed in state Superior Court in Burlington County in January by the developer's lawyer, Robert S. Baranowski Jr., by reconsidering the proposal at its meeting on August 11.
» MORE: Details on the August 11 Planning Board meeting
Residents testifying at two public hearings on the plan last year said they were concerned about local roads handling the truck traffic. The developer agreed to limit truck traffic to entering and exiting only on Walton Avenue, and to drive only north. A bridge with a low weight-load limit is to the south on Walton Avenue.
A warehouse is a permitted use under zoning law for the property, which is in the Township's Industrial Zone.
In the lawsuit, Baranowski, of the Hyland Levin Shapiro firm in Marlton, contended the board considered off-site traffic in its denial and that land-use case law shows the board did not have the authority to deny the application based on existing traffic conditions.
"Township residents testified that they were opposed to the application because they simply did not want a warehouse at the property, citing unsubstantiated concerns with alleged 'warehouse sprawl,' 'over-development,' concerns about traffic that allegedly already exists off-site on Union Mill Road, Walton Avenue, and other nearby roads; and unfounded generalizations that 'signage does not work' and truck drivers do not obey traffic signs," according to complaint filed January 28 in the lawsuit.
In its lawsuit, Union Mill Road LLC stated the board "unreasonably based the denial on mere subjective sentiments and baseless allegations expressed by residents of Mount Laurel Township during the public comment, which were not supported by evidence."
Traffic was on the mind of the board when it denied the application.
"I have major traffic concerns with the application," board member and Township Manager Meredith Tomczyk said at the November meeting. She made the motion to deny the application.Â
Then-Mayor Stephen Steglik, also a board member, seconded Tomczyk's vote to deny, saying he agreed with her appraisal.
The lawsuit also contends that Tomczyk should not be serving on the Planning Board.
"The township manager currently and improperly serves as the Class II Planning Board member instead of a member of the environmental commission, thus the board is improperly constituted," Baranowski stated in the complaint.
In its response, the Township denied Baranowski's assertions about the board's make-up.
The arrow points to the only driveways that trucks would have been permitted to use. To enter, trucks would arrive from the north on Walton Avenue (top of drawing) and make a left into the site. Trucks exiting would make a right turn only and travel north. Truck traffic on Walton Avenue south would not have been permitted because of a bridge with low weight limits. Trucks also would not have been permitted on Fernbrooke Lane.
The warehouse will occupy part of the acreage owned by the applicant (shown in yellow border). Trucks will be directed to enter and exit from only the site at the red marker and travel only north (up, on the photo) on Walton Avenue because a bridge to the south cannot handle the weight.Â
