By Mark Rosman
Staff Writer
HOWELL – The Howell Township Council will pay $105,000 to settle a legal action that was brought against the municipality by the homeowners association of the Moors Landing residential development.
The settlement agreement was approved in a 4-1 vote during a recent meeting. Deputy Mayor Robert Nicastro, Councilman Bob Walsh, Councilman Ed Guz and Councilwoman Pauline Smith voted to accept the settlement. Mayor Bill Gotto voted no.
Moors Landing was represented by attorney Michael J. Fasano, of the firm Davison, Eastman and Munoz, Freehold Township.
Howell was represented by attorney Joe Clark.
Moors Landing is off Strickland Road in northern Howell, at the border with Freehold Township.
The matter involved Howell’s purchase and demolition of five homes in Moors Landing – at 90, 92, 94, 96 and 98 Mariners Cove. The parcels are now open space. The homes and properties sustained significant damage as a result of storms in 2011 and 2012.
According to Township Attorney McKenna Torcivia, the homes were purchased under a Federal Emergency Management Agency (FEMA) voluntary acquisition program. They are deed restricted by FEMA, which required the township to demolish the homes once the municipality took ownership to ensure the sites would remain open space in perpetuity.
The homeowners association claimed a loss of value to the association because of the demolished homes. The legal action began in 2014 with an order to show cause filed by the homeowners association requesting that the homes not be demolished, according to Torcivia.
The homeowners association lost and the homes were allowed to be acquired and demolished, so the association then filed suit for “damages” associated with the loss of the homes to the association, Torcivia said.
According to the settlement agreement between the parties, the payment from the township to the homeowners association will end any obligation of the township to pay common expense assessments of any kind on the five properties.
Howell “will cut the grass and rake the leaves and otherwise maintain the properties (including clearing snow and maintaining and repairing the sidewalks as may become needed) within Moors Landing as open space” and the properties may not be put to any other use.
Howell has no responsibility to plant trees, shrubs or any other type of landscaping at the open space parcels on Mariners Cove and the township does not have to replace landscaping that dies.
Although the township owns property in Moors Landing, Howell has no right as a governing entity, nor does any municipal department, to use the common areas or facilities of Moors Landing. Residents of Howell are not permitted to use the common areas of the development and the township may not designate any right of use to the common areas, according to the settlement.
As the owner of property in Moors Landing, the township will have the right “to cast one vote per unit at any meeting of the Moors Landing Homeowners Association.”