Howell Might Be Sued After Rejecting 100-Unit Development

HOWELL, NJ — Howell Township might face litigation after the council failed a resolution authorizing the development of 100 age-restricted housing units on Route 9 last week.

Instead, the developer might be allowed to build 408 unrestricted units.

Township Attorney Joe Clark explained that a settlement agreement dating back many years states that if the 100-unit development is thwarted then the developer is entitled to build 408 unrestricted units.

"We're gonna be in litigation very shortly," Clark said. "Don't forget the settlement agreement with this developer allows them to build 408 residential units."

After a unanimous five-person vote against the resolution, Deputy Mayor Thomas Russo tried to recall the vote twice, but only Councilwoman Evelyn O'Donnell was moved to change her decision.

Upon a second call, councilwoman Pamela Richmond, Councilman John Bonevich and Mayor Theresa Berger maintained their "no" votes.

"I'll second the motion considering we go from 100 units to 408 and obviously this community continuously is concerned with overdevelopment," O'Donnell said.

Others weren't moved by the prospect of a larger development.

"Let's litigate," Richmond said.

"I'm fine with that. I don't like the four stories," Bonevich said.

The development would be taller than current zoning ordinances allow for.

"It was grandfathered in under the earlier zoning ordinance that allowed for 60 feet height and four stories," Clark said.

The project got approval from the planning board in 2008.

"There was tremendous amount of discussion about this," Clark said. "The planning attorney, who I agree with, said that it was grandfathered in and that the prior zoning ordinance applied to it."

The back and forth between developers and town officials over this project dates back almost two decades and different iterations of what the project could look like have been presented over the years, according to the Asbury Park Press.

"We will be sued and they will seek to unspin the settlement agreement and they're gonna look to build 408 units," Clark said. "I don't need a crystal ball for that."