HOWELL — The Township Council has adopted an ordinance rezoning a parcel of land on West Farms Road near Route 9 in Howell. The governing body’s action is expected to pave the way for the construction of affordable housing at that location.
On the same night, Oct. 19, that the council rezoned the property, it also approved a Payment In Lieu of Taxes (PILOT) program that will permit the developer to make an annual payment to the municipality instead of paying property taxes that would be based on the assessed value of the project.
Mayor Bill Gotto, Deputy Mayor Robert Nicastro, Councilman Edward Guz, Councilwoman Pauline Smith and Councilman Robert Walsh voted to adopt both ordinances.
Howell Family Apartments LLC, a wholly owned affiliate of the Walters Group, will seek municipal approval to build 71 affordable rental family housing units (no age restrictions) in nine buildings, plus one office building, one maintenance garage, a basketball court, parking lots and roads on property at West Farms and Fort Plains roads, Howell.
The Howell Family Apartments application is scheduled to be heard by the Planning Board tonight, Oct. 29.
Municipal officials have said the affordable housing project is needed to help Howell meet its state mandated obligation to provide opportunities for the development of affordable housing and to stave off lawsuits from developers who would seek to build hundreds of market rate homes in addition to constructing affordable housing. Those legal actions are referred to as builders remedy lawsuits.
At the Oct. 19 meeting, residents attempted to convince the council members not to rezone the property.
Charles O’Donnell presented the council with a petition containing more than 1,100 signatures from people who objected to the zoning change.
“I can understand your concern with a builders remedy lawsuit,” he said. “What is not understandable is granting a payment in lieu of taxes while residents of Howell are coping with new tax assessments which are increasing.”
Some residents expressed concern that because the property on which the affordable housing is being proposed is owned by a rabbinical seminary, the apartments would largely be occupied by Orthodox Jews.
The residents sought to connect the presence of a large Orthodox Jewish community in neighboring Lakewood to a migration of that population to Howell.
“I am going to address the elephant in the room,” Bill Duhs said. “I have no problem with (housing for) senior citizens, veterans, superstorm Sandy victims and so forth … I think I speak for a lot of people, it appears the (Howell Family Apartments) project is being spearheaded by religious obligation. That is the concern, that it is a religious project taking advantage of laws. Are we doing enough to be sure everyone is treated fairly? That (the housing) goes to everybody?”
Gotto said the application and the process is specific to the Walters Group and he said the Walters Group is not affiliated with any religious organization.
“We do not have the ability to exclude any property owner from coming forth with any proposal whatsoever. I think it is fair to say that if this particular (property) owner was not a rabbi, many of you would not be here tonight. I recognize that concern,” the mayor said.
Residents also expressed concern that the apartments would add children to Howell’s schools.
“I am a mother of four children. I am a taxpayer and when I see there are 71 units being built, that brings a lot of children in, none of them paying any taxes. It costs about $20,000 to educate a child. A typical household holds two to 2.5 children. Where is this money coming from?” Nicole Keating asked.
Residents also expressed concern about the PILOT program that will allow the developer to make a set payment to the township each year instead of paying property taxes that would be based on the assessed value of the project.
“The PILOT program clearly is an advantage to the Walters Group,” Duhs said.
“It is,” Gotto said. “It allows the developer to receive his funding, which allows us to put it in the (affordable housing) plan, which allows it to be attractive to be included in our plan to satisfy the mandate from the judge. I have been on record as saying I would never do a PILOT program for a residential component because you do lose the ability to fund schools because residential components obviously bring in school-age children.
“In this particular case, because of what it does to satisfy our (affordable housing) obligation and what I feel is a threat to our community with builders remedy lawsuits, I am willing to consider doing it for this particular project, but in general, I think if you ask all the members of the governing body, I do not think we are very happy having to do a PILOT program either because it is a financial disadvantage. There is no argument there,” Gotto said.
— Contact Jennifer Ortiz at [email protected]