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Sayreville appoints attorney to advise on affordable housing appeal

SAYREVILLE – An attorney has been hired by the Sayreville Borough Council to review and assist in litigation that concerns the borough’s affordable housing obligations.

At a council meeting on Nov. 27, council members approved a motion to hire attorney Jeffrey Surenian of the firm Jeffrey Surenian and Associates to represent Sayreville in respect to its affordable housing obligations and litigation. According to Borough Attorney Michael DuPont, the borough’s purpose in hiring Surenian will be for him to review its affordable housing litigation and assist in its ongoing appeals through providing his opinion on the case.

Surenian and his firm will receive an hourly rate, not to exceed a total paymen of $15,000, according to DuPont.

The appointment of Surenian was made after the council went into executive (closed) session to discuss the issue.

Sayreville is currently appealing an order from New Jersey Superior Court Judge Arnold Natali to adopt two ordinances intended to assist the borough in reaching its affordable housing requirements. Council members denied the ordinances due to concerns from residents over potential negative impacts from their adoption.

If adopted, the ordinances will amend the borough’s affordable housing ordinance and will permit projects that have affordable units in their zone.

The proposed affordable housing plan has been a source of concern from residents because, if approved, it will create additional market rate units apart from the required affordable units. Residents have spoken about the potential impacts that the additional residential units might create, such as the potential impact on the school district, traffic, taxes, open space, population density and safety.

As the result of a settlement agreement, Sayreville is required to have 785 affordable units between 2015-25. According to the Sayreville Planning Board, 434 affordable units are planned to be built for a total of 2,930 units.

When resident Ken Olchaskey asked what role will be assumed by Larry Sachs, who was hired as the borough’s special counsel for affordable housing matters, DuPont said Sachs is still presently the borough’s attorney of record while Surenian’s current role is to apprise the governing body of strategy in the matter.

“Until Mr. Surenian apprises us of the strategy and the merits of the appeal and also the review of the file, Mr. Sachs is still the attorney of record,” DuPont said. “At this point in time, [Surenian’s hiring] is solely for the basis of giving his opinion as to the merits of the appeal. Once he provides that opinion as to litigation efforts, I’m sure that this mayor and council will then engage him for pursuit of those litigation plans and goals.”