HILLSDALE—The Borough Council voted, Jan. 28, to approve a resolution that adopted a fourth round affordable housing obligation of 171 affordable units — down from the 220 suggested by the state DCA — which might be reduced further pending a vacant land analysis and other infrastructure limitations.
Resolution 25057 was approved 5-0 by council in a 22-minute special public meeting held at 11:30 a.m. on the Zoom platform only. Councilman Justin Fox was absent. The meeting is archived on the council’s YouTube page.
Borough Planner Darlene Green said that the state Department of Community Affairs calculated local land capacity incorrectly, claiming over 15 acres of “developable land” in the borough.
However, she said based on reservoir land not developable, Green found only 4.77 acres of developable land in town. That reduction reduced the number of affordable units from 220 that the DCA calculated to 171 units, she said.
The resolution notes, “The Borough specifically reserves the right to adjust those numbers (171 units) based on one or any of the foregoing adjustments: 1) a vacant land adjustment predicated upon a lack of vacant, developable and suitable land; 2) a durational adjustment (whether predicated upon lack of sewer or lack of water).”
Moreover, the resolution states, “In addition to the foregoing, the borough specifically reserves all rights to revoke this resolution and commitment in the event of a successful challenge to the act in the context of the ‘Montvale case’ (MER-L-1778-24), any other such action challenging the act, or any legislation adopted and signed into law by the Governor of New Jersey that alters the deadlines and/or requirements of the Act.”
Attorney Mark Madaio said the 171 number was likely to be reduced further, but was needed to file the required paperwork under the state’s Jan. 31 deadline. He said the 171 number will be in the adopted resolution and posted on New Jersey ecourts and the borough website.
Administrator Mike Ghassali—who is Montvale’s mayor and the driving force behind Leaders for Responsible Planning, which is in court fighting for a stay over implementation of rules on mandated affordable housing—said he was “very comfortable” with the reduced 171 number based on all the work from Green and Madaio to arrive at it.
For a pending Feb. 15 deadline, Green said she was ready to submit monitoring data on completed affordable units and the funds available in the local affordable housing trust fund.
Madaio said potential challengers have the month of February to determine if they wish to challenge the affordable number adopted by the municipality. He said such a challenge would be “a rock in the road as to if this moves forward.”
The four-page affordable resolution was linked to the special meeting’s agenda and available to the public. Green noted the next deadline that must be met, on June 30, requires a completed Housing Element and Fair Share Plan to implement the new affordable obligation number, and new draft ordinances to implement it.