Holmdel approves COAH plan
Twp. plan calls for 218 affordable units
BY ERIN O. STATTEL Staff Writer
The Holmdel Township Committee last week adopted the Planning Board-approved affordable housing and fair share element of the master plan to be submitted to the state Council on Affordable Housing (COAH) by the Dec. 31 deadline.

The meeting room at the Dec. 16 special meeting was crowded, mostly with residents from Holmdel Ridge, located in the northern section of the township near Indian Hill School and the Garden State Parkway, where a neighboring parcel of land just under 2 acres would hold approximately 40 to 50 affordable housing units as per the current plan.

Holmdel's obligation under COAH's revised round-three rules is to provide 218 affordable housing credits.

Township COAH attorney David Clark, of Gluck Walrath, Trenton, and Township Planner Paul Phillips were present.

"Does the site have to comply with municipal land-use principles, such as density?" asked Bill Lanaz, Crimson King Drive, one of the residents whose property abuts the small parcel of land near Holmdel Ridge.

"If the committee decides to follow through on that property, COAH would basically say, 'What is the current zoning? Put the correct zoning for that use in,' " Phillips said. "And that would take a while for it to happen, if it even did."

Lanaz told Phillips that the developer of his community had assured him the parcel in question would not be built on.

"I think this site is inappropriate," Lanaz told the Planning Board. "What is proposed is way too dense for that spot."

The COAH attorney stepped in to remind residents that the township needs a plan to satisfy COAH's mandates and receive protection from possible builder's remedy lawsuits.

"If we do not adopt this by Dec. 31, we are not subject to COAH jurisdiction," Clark explained. "Being subject to that jurisdiction allows Holmdel to judge for itself how to plan. If not, a developer with property could impose their remedy through lawsuits. It is better to be in the COAH process."

Municipalities that file an affordable housing plan with COAH are immune from builder's remedy suits.

Mayor Serena DiMaso, who also sits on the Planning Board, said that she is not in favor of the site near the parkway, but wants the town protected.

"I am still adamantly opposed to using the property near the Garden State Parkway," DiMaso said. "I understand why we have to use it now just in case, but we will look for other properties elsewhere."

Camelia Court resident Erik Hinds asked Phillips how the property near the parkway was brought into the picture.

"My recommendation was to look at that site because we have a 25 percent senior obligation, and even on a vacant piece, we were looking at how many units it could accommodate with only two stories," Phillips explained. "I am sensitive to the neighborhood as a planner, and hopefully down the road, we won't have to cross this bridge. We just had to do it for now."

Clark further clarified the inclusion of the property in the plan.

"Under the COAH regulations, the township can go back and amend the plan up to three times," Clark offered. "So, the plan can be amended in the future."

"That parcel is not even zoned properly," DiMaso noted.

She also explained that since the COAH plan had been drawn up, two developers with properties in town have approached the administration wanting to discuss COAH options for their sites. DiMaso declined to reveal the developers but did say the properties were located near Routes 34 and 35.

DiMaso addressed the residents of Bailey Lane, Crimson King Drive and Camelia Court about the piece of land near their development that was included as a potential site for affordable housing units.

"I am personally telling you that I believe with all my heart and soul that property will not be used for this," DiMaso told one resident who asked how likely it would be for the parcel near the parkway to be developed.

DiMaso also pointed out that if the township had not included that parcel in a proposed plan for COAH's review, the developer could sue the municipality.

Following the Planning Board's approval of the plan, the board accepted a motion to ask the Township Committee to authorize the COAH Committee to look at other properties for potential affordable housing sites in the new year. The committee approved the motion during the meeting.

Phillips explained that the number of housing units the township is required to create is based on a formula of one affordable unit per four market-rate units, and one unit per 16 jobs created by commercial development in Holmdel.

"Holmdel already incurred an obligation of 43 units for both residential and nonresidential, and they have received their certificate of occupancy between 2004 and 2008," Phillips said.

Residents asked how COAH determines the obligation of a municipality.

"We are obligated based on how we grow as a community," Phillips said.

Ralph Blumenthal, of Stony Brook Road, asked the planner how the township came up with the 218 affordable housing credits number.

"That is the growth projected ... based on housing and job projects in the town," Phillips explained. "We can't contest those figures on COAH rules. The current zonings would not support that density, and we have to wait and see how we grow. We may never have to implement, either. We tried every

which way to make this smaller." DiMaso asked the planner to clarify the township's current obligation. "If we have 177 units 'hanging around,' we don't have to use the 30 units [proposed] on Middle Road?" Di- Maso asked. "That is correct," Phillips replied. "We are still required to show that we could meet

potentially 218 units. We were conservative and we got a positive response to the controls. We might also be able to amend this later."

"We can change it, we just have to adopt a plan by Dec. 31," DiMaso confirmed.

Planning Board member James Donovan asked the town planner if the township has any remaining obligations or liabilities with any previous regional contribution agreements, or RCAs. Under an RCA, which is no longer allowed by COAH, a sending community could transfer up to half of its share of affordable housing units to a receiving community within the same housing region.

"No," Phillips responded.

"We are completely compliant with previous agreements," Phillips said. "We are set, so to say."

"We are one of the few [municipalities]," DiMaso noted.

"Under the previous rules, we shipped out about 50 percent of the obligation," Phillips explained.

The plan also calls for an increase in developers' fees for residential projects to 1.5 percent of assessed value, from 1 percent.

After the Planning Board approved the COAH plan, the Township Committee met to adopt the plan.