By Philip Sean Curran, Staff Writer
For AvalonBay, years of acrimony, lawsuits and public meetings about its residential development at the old Princeton hospital site could end with a routine vote Monday by the Princeton Council.
Council members have been mum heading into a special meeting called to consider amending a developer’s agreement between the town and AvalonBay. The original agreement, one the council approved in April, called for additional environmental testing that AvalonBay objected to; the company sued in Superior Court and likely would have prevailed had the matter gone to trial, according to the judge in the case.
The proposed amendment was the fruit of court-ordered mediation between the two sides to resolve the lawsuit. Officials would not disclose the terms of the amendment, although the document was due to be released to the public Thursday or by Friday at the latest.
The council will meet in closed session Monday starting at 6 p.m. to discuss the amendment among themselves, followed by a public meeting at 7 p.m. Council President Bernard P. Miller, a member of the council delegation that participated in mediation, said Wednesday there were three possible outcomes.
Officials could emerge from closed session and vote to approve the amendment. The other possibilities are for the council to vote against the amendment or decide not to take any action. In either of those last two possibilities, it would mean the case would return to Superior Court in Trenton.
"I have no idea," said Councilwoman Jo S. Butler when asked Wednesday if she thought council would approve the amendment. Ms. Butler was also part of the council delegation that participated in mediation with AvalonBay.
Councilman Lance Liverman, who lives one block away from the hospital site, received his copy of the amendment on Wednesday and had not had a chance to read the document yet.
"I’m going to do my due diligence," Mr. Liverman said. "I’m going to vote what’s the best interest for the community. That’s how I always vote."
As a member of the Planning Board in 2012, Mr. Liverman voted for AvalonBay’s original proposal to have all 280 units in one building. The board, however, rejected that proposal. Mr. Liverman and the two other board members who voted in favor were not reappointed to the Planning Board the following year.
AvalonBay representatives are expected to attend Monday. Company senior vice president Ronald S. Ladell declined to comment Wednesday.
Only five council members are available for the meeting, with Mayor Liz Lempert and Councilwoman Heather H. Howard away. All the amendment needs is three yes votes to pass, Mr. Miller said.
Mr. Ladell’s company has approved plans to build a 280-unit residential development at the old hospital site. If council approves the amendment Monday, demolition of the site could begin in September and take around four months to complete, town officials said this week.
The project has sparked lawsuits and opposition within the community. Yet some of those opponents, including Princeton resident and plaintiff in one of the suits, Yaron Inbar, were not commenting this week about these latest developments.
The council will give the community a chance to weigh in with a public comment session on Monday.
