The Monroe Township Zoning Board voted 7-0 to reject an amended application that called for 206 new housing units and retail in an environmentally-sensitive area of Monroe, at the Millstone River.
The March 26 meeting attracted 180 concerned residents. Township officials, anticipating the crowd, proactively relocated the proceedings to a larger space at the Monroe Senior Center on Halsey Reed Road.
Mayor Tamburro said the developers sought to build in an area that is home to a bald eagle’s nest perched near the Millstone River. Under state and federal law, it can be illegal to construct buildings within 660 feet of the nest.
“The Zoning Board considered all testimony and information presented and did what was in the best interest of the Township and the eagle,” said Mayor Tamburro, noting the proposal included 42 court-mandated affordable units.
The proposed developer of the 48-acre parcel, which sits on Route 33 between Applegarth Road and the East Windsor border, informed the Township in 2018 that the bald eagle nests on the property. Under the federal Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act, it is unlawful to harm eagles, their nests, or eggs.
Since the discovery of the nest, the developer, SPII-LLC. reconfigured the development plan, increasing the project density to the frontage of the highway to maintain the same number of housing units in the updated proposal.
To comply with the 660-foot buffer, the developer had less land on which to build. In response, the original plans, which called for mostly townhouses, had been replaced with four-story apartment buildings -- with the amount of commercial space being slashed to make room for the concentrated housing.
“The developer could have easily reduced the amount of housing units to lower the density and create an appropriate buffer to protect the bald eagle,” Mayor Tamburro said. “But, instead, the plan called for building rental apartments, some of which would be on top of reduced retail space right on Route 33. Many residents, I believe, thought this would be unsightly, unnecessary and not in the best interest for Monroe.”