BY JOHN SNYDER
OF PASCACK PRESS
TOWNSHIP OF WASHINGTON, N.J.––The township council on Aug. 7 moved ahead in its plan to create two overlay zones permitting the development of affordable housing at two sprawling sites in town, drawing criticism from residents who say the township can’t accommodate it.
The move implements a mandate stemming from the New Jersey Supreme Court’s landmark 1971 Mount Laurel ruling and insulates the town from “builder’s remedy” lawsuits that developers sometimes use to end-run local zoning rules.
The plan allows for but neither requires nor asks for multifamily buildings at the Stone Mill Garden Center and the newly purchased Bethany Church Community Center, formerly the Bergen County Y. The owners of those properties have said they have no plans to sell.
The zoning changes were settled upon this spring in mediation between the township and the Fair Share Housing Center, a low- to moderate-income housing advocacy group that the settlement defines as a New Jersey Supreme Court-designated interested party.
The changes also survived debate and hearings at the Planning Board. A second council vote is required before these changes become law here.
Municipal leaders and planners have been working with the courts to determine what their communities’ obligations are. As Pascack Press explained in a recent feature, [“Untangling Affordable Housing,” July 10] affordable housing projects have helped seniors, veterans, developmentally disabled adults, and young families trying to establish themselves.
Former Councilmember Joe D’Urso, of Viola Terrace, wasn’t having it.
He asked for the council to follow the example of his connections in Union County, where “twenty-one mayors are fighting this. There’s five mayors in Bergen County fighting this. It seems like tonight you guys are just going to open the path when you introduce these ordinances and vote on it. And I think you need to fight for all of us.”
He said he believed developers could make it “pretty enticing” for property owners under the new overlay zones to sell, and that, simply as a matter of infrastructure, the town couldn’t accommodate any new development.
From the dais, the township’s attorney, Kenneth Poller, replied, “Does anybody look forward to the idea of having an affordable housing obligation in any town? Probably not. But with the Supreme Court saying that you do have an obligation, you have the choice of doing nothing and just letting builders sue you and see what happens, or try to litigate, which is what we started doing originally.”
He pointed to the example of Montvale, whose leaders recently shot down, 4-3, a rezoning proposal to allow for 300 housing units at the former Mercedes-Benz headquarters, including 25 affordable housing units.
Later that week, that property owner sought non-local court approval for 1,000 housing units to be built on site, which that town’s mayor decried as “developer’s greed” and “intimidation.”
“There is always a counterbalance to what’s involved,” Poller continued. “I’m not saying you’re wrong and we can’t fight through things, but you weigh the chances of winning and what you can do for your client and what you can do for your town.”
He suggested the overlay zones, in perspective, would not be an undue burden.
“You’ve got seven north of Van Emburgh, and literally two somewhere else,” he said.
The town already received credit for providing the possibility for establishing a four-unit overlay at the VFW.
In the nuts and bolts, the settlement provides for a single-family attached/multi-family overlay (AA) district at Stone Mill Gardens, Block 3405 Lot 1, 767 Ridgewood Ave.
Currently zoned AA single-family residential, this overlay zone will permit either a townhouse-style or multi-family housing development with a net density of eight units per acre and an on-site affordable housing set-aside of 20 percent for sale units and 15 percent set-aside for rentals.
This site will produce 12 total units including “two or three” affordable units, depending on the set-aside chosen.
It also provides for a multi-family residential overlay (O-R) district at Bethany’s new community center, Block 3202.01 Lot 3, 605 E. Pascack Road.
This is currently zoned O-R Office Research, an overlay zone that will permit the reuse or redevelopment of the existing property into a multi-family inclusionary development with a net density of 15 dwelling units per acre and an on-site affordable housing set-aside of 20 percent for sale units and 15 percent for rental units.
This site is described in the settlement as producing 105 units including 16 to 21 affordable housing units, depending on the set-aside chosen.
Additionally, the Township agreed to provide “a realistic opportunity” for the development of affordable housing through a mandatory affordable housing set-aside requirement of 20 percent “if the affordable units will be for sale and 15 percent of the affordable units will be for rent for all new multi-family residential development of five or more units that become permissible” in town, the settlement reads in part.
This does not give any developer the right to any such rezoning, variance, or other relief, or establish any obligation of the part of the township to grant such considerations.
The ordinances also call for a municipal housing liaison, who will be a full- or part-time township employee charged with administering the effort and reporting annual progress. That person is not yet identified.
The votes were unanimous.