HOWELL — Over the objection of residents, the Township Council has introduced an ordinance that will permit more homes than initially approved to be built on the former site of the Cutler-Rubenstein egg farm, Route 9 north near Sunnyside Road.
An ordinance to change the property from 2-acre residential zoning to a planned mixed use district, a higher density zone, was introduced during the council’s March 3 meeting.
A public hearing and possible vote for adoption of the ordinance has been scheduled for the council’s March 24 meeting.
In an original agreement between AST Sunnyside Road LLC, and the municipality, Howell officials agreed to use $1.6 million in open space funding to purchase 17 acres to the rear of the Cutler-Rubenstein property. The rear of the property borders White Street.
A total of 118 units were to have been built on the remainder of the site — 100 townhouses to be sold at prevailing market prices and 18 units to be set aside for people who qualify for affordable housing under the state Council on Affordable Housing (COAH) guidelines.
Affordable housing as defined by COAH is housing that is sold or rented at belowmarket prices to people whose income meets regional guidelines established by the state.
In January it was revealed that Howell would not purchase the rear part of the Cutler Rubenstein property. Instead, AST will build 42 additional affordable housing units and 60 additional market-rate homes.
The total number of homes will increase from 118 units to 220 units.
Mayor Robert Walsh said the agreement between the township and the developer was made more than two years ago and arose from a lawsuit and a memorandum of understanding between Howell and AST, according to a previous article about the issue.
According to language found in the ordinance, the intent and purpose of the proposed zoning change is “to comply with the township’s affordable housing obligations under the Fair Housing Act, the new third round regulations mandated by the New Jersey Council on Affordable Housing,” and to protect the town from potential builder’s remedy lawsuits.
A builder’s remedy lawsuit, if successful against a municipality, can result in more housing being built in the town than was initially required under the COAH affordable housing obligation.
Residents of White Street were not pleased with the plan to permit additional housing on the tract that borders their neighborhood.
Albert Hurley said, “This will create a hardship for people. This area is very sensitive.”
Lynda Fox said, “My property abuts this high density housing. We were all under the impression this was 2-acre zoning. Now all of a sudden it has changed. Right next to me I am going to have townhouses. It is not that kind of environment. You are changing everything.”
Other concerns voiced by residents included a potential increase in traffic the AST development will bring to this area of Howell. The residents asked the council to reconsider the proposed changes.
The residents will have another chance to comment on the ordinance when the public hearing is held on March 24.

