By Kristine Snodgrass, Staff Writer
WEST WINDSOR — A second objection has been filed to the township’s Council on Affordable Housing plan, alleging the township has improperly used the fair share rules to its advantage.
The township submitted its latest COAH plan ahead of the Dec. 31 deadline, accounting for its total requirement of 1,513 affordable housing units in the township.
COAH, a state agency responsible for ensuring municipalities provide a fair amount of low- and moderate-income housing, has been widely criticized as an “unfunded mandate.” Hundreds of state municipalities have joined legal challenges against the requirements.
The first objection to the township’s plan was filed last month by Intercap Holdings, which owns a 25-acre property around the Princeton Junction Train Station. It alleges that the township has not fulfilled its obligation, and asked COAH to rezone of the property to allow mixed-use, transit-oriented development that would include affordable housing, according to the document. The property is currently zoned for office, research and manufacturing.
The most recent objection was filed last week by the Fair Share Housing Center, a Cherry Hill-based nonprofit group that advocates for low- and moderate-income housing for New Jersey residents.
”The objection alleges that West Windsor has continued its long history of failure to comply with the state constitution’s prohibitions against exclusionary zoning,” the group’s staff attorney, Adam Gordon, said in an e-mail.
In 2002, the township was sued after it denied a proposed development off Bear Brook Road, now the 1,165-unit Estates at Princeton Junction.
According to the three-page objection, the township has improperly used the COAH rules to claim more “bonuses” and exclusions than it is due. The township also has not shown how it will provide very low-income housing, particularly for families, according to the document.
Township Planning Board attorney Gerry Muller said the latest objection is without merit.
”We’re confident that we’re going to prevail and that COAH is going to approve the plan,” he said.
Mr. Muller said the allegation that the township claimed too many “bonuses” in its plan is unfounded, but even without them the township has enough units to meet its obligation.
”We have enough overage that even if COAH agreed with the objector, we would have enough units to satisfy the requirement,” he said.
The township exceeded its requirement by 95 units, he said.
COAH will now decide whether the objections are sufficient, he said. If they were, the township will have the opportunity to file a response. COAH will then write a premediation report, and after both sides have a chance to respond again, mediation may be required.

