MARLBORO — Litigation concerning a proposed residential development off Nolan Road that has been pending against Marlboro for several years may finally be coming to end.
During the Township Council’s Jan. 22 meeting, a settlement agreement between Marlboro and Ohad Associates was unanimously approved by council members.
The settlement was born through state Council on Affordable Housing (COAH) mediation which occurred about two years ago, Township Attorney Ronald Gordon explained. He said the settlement agreement was introduced before a former council in November 2007, but a rezoning of property that is part of the agreement was never approved by municipal officials.
The housing development the litigation pertains to is known as Northpointe, a proposed 384-unit development off Nolan Road. Gordon said the settlement between Marlboro and Ohad Associates was adjusted since it originally contained 14 Regional Contribution Agreement (RCA) affordable housing units.
An RCA allowed a town such as Marlboro to transfer a part of its affordable housing obligation to a municipality which wanted to accept money that it would use to build affordable housing or to rehabilitate substandard housing within its own borders. A new state law has done away with regional contribution agreements.
The settlement agreement was reworked and now places the 14 previous RCA units on-site. The Northpointe development was included in Marlboro’s affordable housing plan that was submitted to COAH for review at the end of 2008.
Councilman Jeff Cantor questioned the total number of affordable housing credits to be generated by Northpointe and was informed that because the affordable housing units will be rental units the credits will total 170 units.
Mayor Jonathan Hornik said he believes the Northpointe plan is horrible, but said Marlboro officials had no choice but to finalize the settlement agreement with Ohad Associates.
Going hand in hand with the authorization of the settlement agreement was an ordinance to rezone the property for Northpointe. Certain lots on the property, which is on Marlboro’s border with Aberdeen Township, will be rezoned to Multi-Family District IV (MFDIV).
According to the regulations of the MFDIVzone, permitted uses will include clustered townhouses, garden apartments and estate homes.
The council held its first reading of the ordinance to rezone the property at the Jan. 22 meeting. The ordinance is expected to have its second reading and public hearing at the council’s Feb. 12 meeting. At that time council members may vote to adopt the ordinance.
Contact Rebecca Morton at [email protected]