Okay. Call to order. In accordance with the Open Public Meetings Act, NGSA 104-10, I hereby announce that adequate notice and electronic notice of this meeting was provided in a notice dated March 10th, 2026,
posted on the bulletin board, and on the main access door to town hall, filed in the clerk's office, and posted on the township's website. Uh please stand for the uh pledge of >> allegiance to the flag of the United States of America and to the republic for which it
stands. One nation under God, indivisible, liberty, justice for all. >> And a moment of silence to honor the military who have been wounded or killed in action. >> Thank you. >> Roll call. Arena. Mr. Connelly
>> here. >> And Mr. Vanderham >> here. >> Mr. Fagan >> here. >> Miss Plaus >> here. >> Mr. Bell here. >> Mr. Antonucci >> here. >> Uh Mr. Man is absent. Mr. Silverman >> here.
>> Uh Mr. Dors is absent. Mr. Robbins is absent. Thank you. We have a quorum. >> Okay. Thank you, Ireina. Uh there's no minutes on the agenda to look at. Uh we have some administrative matters today. It should be just two of them. The hearing is to determine the any
inconsistencies with the two listed ordinances with the township's master plan depending on the board's determination to adopt a resolution reflecting the board's findings. Um at this time we have Kate on via cell
phone. Kate Keller. Uh I will turn the floor over to you Kate. >> Kate Keller board planner just to clarify. >> Let me I'm sorry. Let me just read the first first ordinance, right? First one. >> Yeah. >> Do I Okay. First ordinance is 2026 at06
an ordinance of the township of Palell repealing chapter 30 land development article 5 zoning section 30-136 AH-MU affordable housing mixeduse zone district and replacing it with the AH
Route 35 affordable housing zone district. >> I read the other. >> All right. And the second one is uh ordinance 202607 affordable housing ordinance and development fee ordinance implementing the fourth round housing plan element and fair share plan.
>> All right, Kate. >> Okay, we're gonna swear you in quick. Kate, do you swear the testimony you're about to give is the truth and not want the truth to help you got? >> I do. >> Okay, for the record, our professional husband sworn. >> Okay, great. Um, thanks everybody. So,
we can try to make this pretty quick. Um so what we are here to do tonight is very limited in scope. Um we are here to do a consistency review um under section uh 40 uh sem 40 col 55D-26 of the MLUL
um which is when the uh governing body refers a proposed development regulation to the planning board for review. The planning board looks at it. you determine whether there's anything in these ordinances that are inconsistent with the master plan and then make a
determination back to the um governing body. Uh this is something that this board has done not not super frequently just because we haven't had a lot of zoning changes, but we've done it a handful of times over the years. And while tonight is about affordable housing, the procedure is no different
than any other change to the development regulations. Um so as you will have in front of you um or if you've seen I prepared a memo dated March 11th yesterday um really just going uh over how what the status of the township's
affordable housing plan is and what the two ordinances that are in front of you are tonight do. The first um ordinance 26-06 amends development regulations to replace the existing affordable housing
ahmu zone on Route 35 with a new 100% affordable district called the AH Route 35 affordable housing district. Um this is going to permit up to 80 units on this property. Um previously this is this site was part of the third round
plan and about 150 units had previously been permitted I believe. So that is the only zoning change and again this is just changing the um the cate categorization of an existing multif family zone. The second ordinance is to 2026-07
and this amends the township's um overall administrative affordable housing ordinance at chapter 14 to um you know reflect the updates to administration of affordable housing as well as changes to the development fee provisions. And this is really, like I said, this is really an administrative
change. This is these changes are really just to reflect the um um the the small tweaks to the law. Um the afford amended affordable housing act from last year as well as new um provisions from the
Department of Community Affairs from the New Jersey Housing and Mortgage Finance Agency, etc. So, it's really just updating the township's ordinances to reflect state laws. there's no policy change, nothing that would that that would otherwise um be implemented
outside of the state laws. So, those are the two ordinances and as my memo goes on to say um these are both these are both part they're both being adopted uh in order to effectuate the township's housing element and fair share plan. And this is a foundational part of the
master plan for the MLUL and it's one of the foundations for the zoning ordinance. Um and both of these are required to implement the um housing element. The first one, the zoning change is part of the settlement agreement, mediation agreement with Fair Share Housing Center, which was reached
um in the last in the last month or two. And then the other the other requirements are part of the um administrative directive from the administrative office of the courts. these two as these two as as development regulations have to be part of the ordinance in order to it for it to be
effective. So between those two and the fact that the are things in the master plan re-exam from 2020 talks about providing for future land uses at suitable locations that appropriate intensities with location of capacity of roads and infrastructure.
um which you know again the one zone change is really taking an existing multif family zone and making it less dense and then also um ensuring that the township's land use plan is prepared with appropriate awareness of the plans and policies of the state which includes
the amended fair housing act of 2024. Um so my my conclusion here is that you know we don't see any inconsistencies and that the uh board can uh vote to uh vote for same as per the resolution that we did prepare. So that is my um my
overview. The one thing I'll note is that this was done a little bit out of order as some of you know probably know um the township committee did vote on these these ordinances a couple nights ago. We are under the Homedale Township and every town in the state really is
under a very very very abbreviated schedule in terms of um adopting these ordinances. Um everything has to be filed by the courts by March 16th in order for the township to retain their immunity from exclusionary zoning
litigation. So um you know these these ordinances are nothing has really changed from the 2025 housing element fair share plan that was adopted by this board last year. So you know the order is a little different but as far as um you know my my planning opinion is that
there's nothing inconsistent here. So happy to answer any questions otherwise um the action you would take tonight would be to vote on the ordinance excuse me vote on the resolution. Thank you. Um, is there so what happens if just for
clarity sake we we voted no it's the same thing like last time uh the state would then take over all of the affordable housing u issues in this town again is that what you know what I'm talking about right >> no
things are no things are a little different this round the state the state took over last time the state took over um or the courts took over every town because KOA was disbanded and not replaced. Um in the 2024 law that um
acknowledged that you know it formally disbanded COA and it put a new procedure into into play. So the township committee has and and the township planner and all everything that's been done so far has been within the realm of that new law. So everything's been
within that framework. Um, you know, if you were to all you're looking at tonight is consistency of the ordinances. Um, and as what happens with any other ordinance is that if the if you were to find that it was you were to say that it was inconsistent with the master plan, the township committee
could still um adopt the ordinances just with a higher threshold for votes, which I believe that they did they did already do. >> Okay. All right. Uh, anyone have any questions for Kate? Kate, am I speaking into this and she'll
hear me? Is that the >> Can you hear him? >> Okay. Can you >> a little I can hear a little bit. >> Okay, I'll speak up. This is Wes Vagan or even Gary? Um, >> did did somebody come up with the buildings and how many buildings it's
actually going to be or is this just for one big building? Did anybody figure out how 80 units fit on a property? I am not I am not sure about that. Um I'm not sure if there's a concept plan or otherwise, but I will say that anytime um you know this is just the first step.
Uh and if the let me let's let me look let's look real quick at the the draft ordinance. Um it may be I'm not sure if it's in there. Um I will say that because of the speed that this whole process has had to go forward at um
there there's a lot of a lot of zones are might be conceptual and things are subject to change. Um but anything that would happen would go forward in front of this board. Um as far as a full site plan review application >> and in terms of the permitted uses, this
is a straightforward 100% rental period, right? >> That is my understanding. Yes. >> And it looks like there'll be a leasing office on site. So, it's a straightforward apartment complex really.
>> I'll just chime in too. >> 100% affordable. >> Kate, as far as the TC, we there is no uh rendering yet. It's just the the reasonzoning of the property to be an 80 unit apartment complex similar to what's on Middle Road. Um but so we but there's
no renderings, there's no plans. It's just the reszoning ordinance that had to take place uh by March 15th. >> Thank you. That's it. That's it. Um, okay. So, if there's no other questions, we can just >> I just a quick question. Um, so Kate, I
just want to make sure you I heard you correctly. You said that um originally this was supposed to be uh 150 and now we were taking it down to 80. Is that right? in the third round over 10 years ago or about maybe about eight eight or
10 years ago I believe um at that it was reszoned as part of the third round obligation. So as part of you know as part of the fourth round um through this whole process the township had to look at um you know whether those sites were still viable. Like I am not I did not
prepare the affordable housing plan but I've read it and the determination was that it was no longer you know there was no longer a realistic opportunity for that inclusionary 150 plus building. And so therefore an 80 and this 80 unit 100% affordable was
was was going to replace it as part of the housing plan. I can just chime in too. It was actually 187 of mixeduse um commercial space and apartments and and uh with a component that was going to be affordable. So there was going to be market rate uh
units as well as affordable units. This new resoning would be 80 units all affordable. That's the 100% what what you're referring to. >> Okay. Yes, thank you. Yeah, I knew it was a minimum of 150 units. I I didn't have the the specific handy, but yes, the difference is that it was an
inclusionary project where only 20% were going to be set aside uh versus um 50 to 20% were going to be set aside versus 100% affordable. >> And I just want to chime in too, the the TC did not vote on this. We only read it on Tuesday. We weren't able to vote
until planning board has gone through its process. So there's a special meeting tomorrow for the TC to vote in the event that everything is approved tonight on the planning board. >> Oh, I apologize. Okay. Everything is happening very fast. So So that is the
proper way to do it. So Okay. Okay. Great. Thank you. >> Okay. So >> yeah. I would have make a motion to accept one at a time to adopt the resolution which finds no inconsistencies.
>> We do both together. We did two. >> You can do >> You have one resolution. There's no public. >> Well, >> you can do it's all one resolution. >> Oh, okay. >> One, >> only one resolution. >> All right. So, someone want to make a motion to accept the ordinance?
>> Finding no inconsistency. I find no inconsistencies with the ordinance and I move to approve. >> Have a second. >> Second. >> Mr. Connelly, >> yes. >> Mr. Vanderham, >> yes.
>> Mr. Fagan, >> yes. >> Miss Plaus, >> yes. >> Mr. Bell, >> yes. >> Mr. Antonuccim, >> yes. >> And Mr. Sberman, >> yes. >> Motion passed. Thank you. >> Okay. Um, and uh there's no
Nothing else on the agenda. So have a motion to to close the meeting. >> To adjourn. >> To adjourn. Yes. >> I make the motion. >> I'll second that. Thank you. >> All in favor? >> I. >> Thank you. Have a good night.