The following is some background material for the hearing based on my perception of the latest application. In documentation submitted to the KUPB secretary, professionals representing K Hovnanian Homes indicate that Maser Consulting identified an error in the base topography of the original site plans. In April 2005 the site plan was modified to raise the ground level under the buildings an additional 3.25 feet. The grading around the buildings was also changed and a two level set of stairs added to accommodate the increased height of the ground. From my viewpoint across the street on First Street, some perceived negative side-effects of these changes are:

• Increase in the number of stories from three to four ‘
• Building height exceeds the allowed limit of 35 Feet. ,
• Extra set of steps added to front yard parallel and next to the sidewalk
• A gully created between the firehouse site and the elevated Hovnanian site.

My review also identified the following possible inconsistencies with the 2003 -2004 testimony and exhibits for this project:

• The elimination of the backdoors of the townhouses adjacent to the visitor parking. This forces visitors to the front door of the townhouses. Thus increasing pressure on First Street parking spaces.
• Doubling of the attic floor space creating another bedroom (24X17) with bath option
• Absence of condo association to deal with common ownership interests and uniform building maintenance.

With this new application there are a whole set of technical issues to be resolved concerning the need for a bulk-variance for a 4 story building, a bulk variance for exceeding the maximum allowed building height of 35 feet, and alignment with the conditions in the original multifamily use-variance. The net effect of all these changes is that the buildings are significantly higher in appearance than in the original concept drawings for the project The issue for the KUPB will be rather to just give the developer a pass (approve the additional variances and new site plan as proposed) or to insist on conditions/changes to improve the situation on First Street.

At the 4/24/07 Keyport Borough Council (KBC) meeting, the following impacts of the heavy rains were reported:

• Borough Hall continues to experience water infiltration, even after spending ~$500,000 on repairs last year.
• The library is experiencing problems with a high water table. Water is weeping through the basement walls and coming through the brand new knee wall. DPW safety cones have been places at the point of the water flow on the sidewalk adjacent to the new knee wall
• The storm impacted the bulkhead construction schedule, adding a week or two of possible delay.

At the 5/1/07 KBC meeting the 2007 budget was presented for public comment. The Borough Administrator reported that this budget would increase the tax rate for KBC managed Borough expenses by .095/100 of assessed evaluation. This represents a 7% increase over the 2006 tax rate of 1.34/100. The Borough has applied for extraordinary state aid to lower the amount of the tax increase.

Any and all comments are appreciated.

Regards

Michael Lane