85 units on Route 33
By Jessica Ercolino, Staff Writer
MILLSTONE With a Dec. 31 deadline looming and no extension granted by the state, local officials have approved an affordable housing plan to fulfill the township’s 172-unit obligation.
After long and often contentious meetings in recent weeks, both the Planning Board and Township Committee voted Dec. 16 and 17, respectively, to submit a plan to the state’s Council on Affordable Housing.
Failure to submit an amended housing plan by that date leaves municipalities open to builder’s remedy lawsuits, allowing developers to “bust” zoning and build at higher densities.
The Planning Board had tabled its vote on the plan Dec. 10 to see if an extension would be granted by the state, but the deadline stood last week after state Legislature meetings, and local officials moved forward with the plan. The Planning Board’s vote was unanimous; the Township Committee voted 4-1 in favor of the plan. Committeeman Elias Abilheira who recently submitted two alternative housing plans deemed not viable by Township Planner Richard Coppola cast the dissenting vote.
”I think it would have been better to have at least three options presented to the Planning Board for a vote; they were told there is no other possible option other than this,” Mr. Abilheira said. “It’s unfortunate that they could only vote on one plan or leave the town potentially open to a lawsuit.”
Though the housing element includes smaller projects that are under way to address the obligation, the bulk of units, 85, would be located in a proposed mixed-use development at Route 33 and Bergen Mills Road. The property is in a planned commercial development zone, which does not allow residential development, but abuts the Indian Point residential development. Throughout the last few weeks, residents have voiced opposition to the housing plan, specifically a sewage treatment plant that would need to be built to support the Route 33 project.
Township officials have continually stated that the housing plan is amendable and have challenged residents to bring forward other properties to be developed for affordable housing so the Route 33 development can be eliminated from the document.
But Mr. Abilheira contended that the township did not need to identify specific sites in its plan to COAH only a detailed implementation schedule. He added that a municipally sponsored affordable housing development which officials estimated would cost $17 million could be paid for by development fees acquired by the township when local build-out occurs in the future.
The majority of the committee, however, did not agree.
”I was told by COAH that you need to have a reasonable degree of certainty that you can acquire specific lands or else the plan will be rejected,” said Committeeman Michael Kuczinski.
”There are a lot of things we could do, but there’s a major cost to those things, they’d destroy the environment and potentially open us up to 7-acre zoning (from the current 10-acre zoning),” he continued. “This is the most economical, environmentally friendly and least intrusive to the town.”
Millstone is involved in one of about 24 lawsuits versus COAH regarding its revised third-round rules, and local officials are encouraging all New Jersey residents to send letters and e-mails of opposition to the state. A sample letter is available on Millstone’s Web site, www.millstone.nj.us.
The township will hold off on submitting its housing plan until Dec. 31 to see if amendments to the COAH rules are made or an extension is granted.