Basking Ridge Settles Affordable Housing Lawsuit, Obligation Set At 198 Units

BASKING RIDGE, NJ — The Township's affordable housing obligation is now set at 198 units, which is higher than Bernards had wanted, following a lawsuit settlement late Tuesday night.

The lawsuit filed by the Fair Share Housing Center contended that the Township's obligation was 225 units.

However, at the Jan. 28 meeting, the Township proposed a lower number of affordable housing units of 171 units in response.

Through mediation and a settlement agreement, the Fair Share Housing Center and Bernards Township agreed on 198 units instead.

"It essentially splits the difference between 171 units and 225 units to 198 units," said Township Attorney John Belardo at the March 25 Township Committee meeting.

The Township Committee was not unanimous on accepting the settlement. Committeewoman Jennifer Asay and Ana Duarte McCarthy both voted against Resolution 2025-195 to execute the mediation agreement.

Mayor Janice Fields, Deputy Mayor Andrew McNally, and Committeeman David Tancredi all voted in favor of the resolution.

None of the Committee members made a comment following the vote.

Belardo also noted that the settlement will protect the Township from any lawsuits challenging their affordable housing number from the New Jersey Builders Association.

Lastly, Belardo added that if the Township passes the two ordinances introduced on March 11 then it "would add up to 198 units and would meet the settlement number without any further action necessary to be taken."

The ordinances include creating the SH-4 Senior Housing Zone which increases the number of units from 308 to 339 units. It also increases the total square footage from 231,666 to 259,666 square feet.

The second ordinance calls to replace the Westgate Village Mixed Use Senior Overlay Zone within the E-3 Zone with the Westgate Village Mixed Use Zone. The zone would specifically change the zone to include family inclusionary housing, which means it is a mix of market and affordable housing units.

It also increases the density of housing units from 375 to 574 units. And it ultimately reduces the amount of nonresidential development by around 210,000 square feet.

The project would include a hotel of about 217,000 square feet and 20,000 for nonresidential space (down from the 230,000 non-residential area previously allowed). Read More: Affordable Housing Plan 'Inconsistent' With Basking Ridge Master Plan

On March 18, the ordinances were given to the Planning Board for consistency review with the Township's Master Plan. Both ordinances were found to be inconsistent with the Master Plan but were given recommendations to satisfy the Township's affordable housing obligation.

The two ordinances now return to the Township Committee with the Planning Board's recommendations.

A public hearing and final reading of the two ordinances will be held at the April 15 Township Committee meeting at 7:30 p.m. in the Warren Craft meeting room at the Municipal Building, 1 Collyer Lane, Basking Ridge.

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