BY MICHAEL OLOHAN
OF NORTHERN VALLEY PRESS
OLD TAPPAN, N.J. —— The Old Tappan Borough Council voted unanimously Nov. 20 to approve a settlement with the Fair Share Housing Center and one intervener that permits development of 26 town homes and possible future development of the approximately 20-acre Pearson campus. The settlement will allow for up to 12 units per acre of town homes or assisted living housing.
“We are satisfied that we have negotiated the best outcome for the residents of Old Tappan under the terms available. We were able to preserve the character of the borough and yet fill the responsibilities of affordable housing. Most importantly, the ‘builder’s remedy’ cannot be inflicted on the borough through 2025,” said Councilwoman Anna Haverilla by email on Nov. 25.
A “fairness hearing” to have the plan reviewed by a superior court judge is scheduled for Jan. 8, 2018, said Borough Attorney Allen Bell on Nov. 28.
The settlement stated that the borough has a “realistic development potential” on its remaining vacant acreage for 31 units of housing. The agreement will permit SMDC, LLC owner of the property at Central Avenue and Elena Court, to have its property rezoned to develop 26 town homes, which includes six units of rental affordable housing.
“Rental units allow the borough to get bonus credits toward its third round obligation, allowing it to build less affordable units to meet its obligation,” said Haverilla.
In addition, the 19.8-acre Pearson property – currently for sale and located near Bi-State Plaza – will receive an overlay zone that allows for future town home or assisted living development at 12 units per acre.
The property purchaser can continue to operate the Pearson site as a commercial property or develop it as allowed, said Haverilla. Twenty percent of any developed units must be set aside for affordable housing, she said.
She said the Fair Share Housing Center originally wanted to allow development at 25 units per acre at Pearson.
In addition, a group home to be built near the terminus of Grace Avenue will house four developmentally disabled adults and yield six affordable housing credits for the borough.
The agreement also states that the borough will adopt an “accessory apartment ordinance” permitting a limited number of affordable accessory apartments in single-family residences, and an ordinance requiring any future project of more than five multi-family units to require a 20 percent set aside for affordable housing units.
Also, if an appellate court decision or legislation lowers Old Tappan’s third-round obligation by more than 10 percent, the borough can apply to have its obligation reduced, states the settlement.
“Be assured that all plans and designs must be presented to our planning board to ensure compliance with zoning codes and [that the] designs will fit the character of Old Tappan,” said Haverilla.