Wow. Wow. without felt something. That's what I said. It's like That's true. relationship. We'll call it
a I think I'm sure Okay, it's 7:30. >> We'll get started. I want to welcome everyone tonight. Uh, and I hereby call to order this special planning board meeting on March 3rd, 2026. Please stand
for the stands. God, all I hereby announce this meeting is being held in accordance with chapter 231 of the open public meeting act. Notice
dates have been recorded on board. This meeting is Any questions or comments must be limited to issues that are relevant to what the board may consider in reaching a decision forum
appropriate to judicial hearing must be maintained. Notice members on the planning board as a reminder any use of electronic devices. >> Mr. Wolf >> here
>> Mr. here >> and >> pres tonight we'll start with comments from the public and this is specifically for matters now
Hello. >> Hello. Uh Lee Connor to Tower Hill Road. I understand that the burrow's uh calculations on our fourth round affordable housing obligations were
challenged by Fair Share Housing in the state along with that of many many other towns, not just us. And uh I did get the ordinances tonight to try to understand how that had played out. But as a lay person, I
really could not make heads or tails of it. So I just would like to request that at this meeting we clearly state in plain language for those of us who are not planning experts. Um what is our obligation now? How many market rate
units does that translate into and where are they going to go? That's our request for tonight. >> We will I heard some >> Thank you. Okay, I'll close this part of the agenda. One of the roles of the planning board
as a reminder is the adoption of the amendment of master plan. Uh tonight's meeting agenda states is to review amendment to revising state. >> Okay. Um again as our stated we have the
amendment to the master plan specifically for And then we have the master planist. So at this time I'll turn it over to Mr. Brewer to swear in. >> Sure. What the what today's special meeting is
about is every municipality in the state of New Jersey to comply with the uh obligation to that's varied in the last 40 years. The most recent iteration is uh is pursuant to the Fair Housing Act, the version of
which everybody is working under was adopted by the New Jersey legislature about a year and a half ago and sets forth a process to have an initial number of the housing obligation be negotiation challenge. We
set it and then once that settlement reached decided to go through that process like most of the municipalities in the state of New Jersey once that's done that has to be implemented that is implemented by providing a reasonable opportunity for
the affordable housing built does that mean providing zoning zoning change in the places in which have been identified and agreed upon as potential potential places to have affordable housing. So those zoning ordinances have to be in place. They're the second part of today.
All zoning ordinances have to be um consistent with the master plan, which is why the first thing is being provided for is an amendment to the master plan to change just the housing element, the fair share plan portion of the land use
element to uh be consistent with the settlement that was reached. Then that will amend the master plan and then uh uh and then to look at those ordinances which do exactly what the master amendment did. So yes, there's going to
be testimony consistent. But that's why that's what's being done tonight and that's the order. And that being said, I'd ask Miss Laney since this is a master plan amendment hearing and then please state your name.
Elizabeth L. >> I do. >> Please go over the uh master. >> Okay. So, you have it for you and everyone should have a copy of of basically just a print out of a PowerPoint presentation which hopefully
I'll try to make as clear as possible because I know a lot of this stuff is clear as mud to the people who are working with it every day. Um, but page two has the municipal compliance deadlines in the amended fair housing
act. And I just show this to you just because some people weren't on the board when we uh adopted the housing plan in in June. Um, the Fair Housing Act in New Jersey, which had dated back to I don't know 70s or something or 80s um was
amended significantly in March of 2024. And one of the most significant changes was that they established in the actual state law dates by which everything had to get done. So in the past it was like,
okay, we're working on this, we're working on this, and when we get it done, get it done, you know, and um this time it was like, no, by January 31st, okay, and then you have until April 1 to do this, etc. So this this um page two
basically outlines what's in the state law beginning in October 20th, 2024, which is when the Department of Community Affairs as a state agency published what every municipal
obligation was. And this takes us to where we're almost at the end um at the end March 15, 2026 when municipality has to sort of amend their housing plan and adopt ordinances within compliance with any settlement
agreement. So I'm just going to break this down on the next page how this relates to Morris plans. And so the question of what is our obligation is a very good question and
not as easy as we like to to say. So in October of 2024, you know that, as I said, DCA had to tell us or they had to tell every municipality, what's your obligation? DCA said Morris claims had an obligation
of 137 units. the Fair Housing Act um as amended said that's nonbinding that number. The municipality can review what they think the number is based on data
that the state had. And um then we had between October 20th, 2024 and January 31st, 2025 to review that data and the um governing body adopted resolution
indicating what we thought our obligation was based on the data that the state had used and we came up with an obligation of 106 units and so why did it change or what was different there were things in the DCA data that
you wouldn't have known um if you didn't live in town or if you weren't familiar with the town so there were things like considered developable you know some of the open space properties that we or even like the I guess you know the
BFW. >> Yeah. You know, just just some things that when you start to really look down in the weeds and of course the state can't look down in the weeds for every town, but once you know in a town we do it townwide, we were able to eliminate
property. So we said now our obligation is 106 units. So we had to do that by January 31st. there was a month by which um people could have checked, entities could have checked. So Fair Share Housing Center
and the New Jersey Builders Association objected to everybody who lowered their number because uh obviously Fair Share Housing Center is a housing advocacy group. They want to build as much affordable housing as possible and the New Jersey Builders Association is a
building group and they want to build as much as possible. So by March 1st they had said, "No, we object to your 106. We think it's 132." So we then um there was
a court like entity established in the amen amended fair housing act called the um affordable housing dispute resolution program which people call the program and it's made up of retired Mount Laurel
you know affordable housing judges and so myself the mayor oh I should have stepped back for a second that there was mayor had created a um affordable housing subcommittee that was uh chaired by David and that was created before
October 20th 2024 I can't remember when >> January 2024 >> okay and so I think it was Dave the mayor myself and then Ed Buzzac who is the special um attorney for for affordable
housing for for Morris claims went through in front of the program judge. You know, we had argued back and forth with Fair Share Housing Center and New Jersey Builders Association. Well, luckily for us, I think the the court
agreed with us and said it is 106 units. And I have to say, having worked in other towns with big land adjustments, we never got our number. Meaning, you know, if they said it was here, we said it was here. We always got somewhere in between. So, the fact that we actually got what we said 106 is kind of
remarkable. So of course we get that by April 1st or thereabouts that it's 106 and if you go back to the first page we had until uh June 30th 2025 to adopt a housing
plan. So I think amongst the affordable housing subcommittee we decide or discuss well we don't want to build have to build 106 affordable units. We don't have that much vacant land. We don't have that much
developable land. And so something that is a leftover from the Council on Affordable Housing, COA, old COA rules, which used to govern affordable housing and is something that was carried forward in the amended fair housing act is what's called a vacant land
adjustment. And you essentially do an inventory of all the vacant parcels in your municipality. And this is will say one of the not it's not hard but it's a a weird concept because it's really
basically a numbers game and a math exercise. It makes no sense and if you try to apply it to real world you'll be annoyed because it just it doesn't really make sense. But we essentially what you do when you have a vacant land
adjustment and if you turn to page four you wind up with two You have your overall number of 106 units which you know supported we supported. You do a vacant land adjustment to say we only have this much
vacant land based on some formulas that are required by law. The vacant land can produce this many affordable units. That becomes your realistic development potential your RDP and that essentially becomes the number
that you have to satisfy within this round of housing. >> But the well I'm not even sure the law does this but everybody now the fair share fair share housing center makes everybody address the difference between
106 RDP and then the difference is what's called unmet need and that's basically like okay we understand that you may not have developable land to to do this but you need to you know, put incentives in
place to create affordable housing. So, most commonly, and we'll talk about this later tonight, those incentives are over overlay zoning, which is essentially keeps the underlying zoning of certain parcels, but permits as an additional
permitted use multifamily housing that has affordable housing as a component. Do these projects have to happen? No, you just have to put the zoning in place to create a realistic opportunity. So
hopefully that's clear today. No, so we had 106 and so when I came before this board in I guess June of 2025 or actually it was my colleague um we to adopt the housing plan at that
time. So we had the the 106 the overall we a realistic development potential of 10. And so if you go to page five, this list, and this is what I'm talking about, it's like an academic exercise that makes very little sense. We, these
are parcels, we use, you know, geographic information system, tax records, etc. Things that come up is property tax one, which means they're vacant. So these all be, you know, were showed up as vacant within all of Morris
Plains tax rules. You look at the acreage, you sum the acreage and here, you know, some of it is odd numbers 4.96 and then the law says that you have to
assume that these parcels will be developed at a density of six units per acre. That's just law. says it starts at six. I think there is reasoning behind it but it doesn't matter. You start at six. And so then if you look again the
math is a little weird. If you look in the column called maximum yield. So if you take the 4 acres and you multiply it by six you get 2.4 units. Typically you I don't know what unit is
window >> but it doesn't matter. for this exercise. It's it sort of all gets totaled up even though these are odd numbers. So if you see we started at six. There were a few properties that were in a residential area on Lindstöm.
There was one Candlewood Drive 100 Candlewood Drive which was is sort of to the west of Sinesta Suites. Um and then there's properties on Taber Road that are actually owned by the burrow. I always call them the DOT properties.
It's which is because that's where they came from originally. But they are actually um it's the recycling center on that large you know parcel that you know it extends beyond the recycling center
for many acres but 5.41 acres of that um is restricted to a lot. So that is the there were sort of three different areas. One was these residential properties, one was the Candlewood
Drive, and then these burrowies. So again, if you just look at this math, you know, 8.26 acres times 6 milling units per acre, 49.6 units, which of course is ridiculous.
You multiply that by 20%. And that is what is the affordable housing status. So, and you see this, we've seen this in applications sometimes that properties have to or developers have to provide larger multif family developments,
20% has to be affordable. So, if you take 49.6 total units and you multiply by 20%, you get 10. So, that's a very long-winded way of telling you that's how we got to 10, that our RP was 10.
So, You have the 106, then we have the RDP of 10, and then we have an unmet need of of 96. So, how did we propose in the June 2025 plan to meet those those 10 units? Well, okay. So, this is on
page six. We had a surplus from the former the the most recent round of affordable housing, the third round. We have two unit surplus. Um, I'm going to over the next one. Then we had um our group home which is a
group home that's existed in Wars Plains for many years. They came before the zoning board within the last few years for an addition for two additional bedrooms. It's a it's a group home um I think for developmentally disabled
adults that counts those as there are two bedrooms and each bedroom counts as an affordable housing credit. Um then there is a property um 44 drive I think um at Belweather Behavioral
Health and that is also a group home for reasons that are probably more than you care to know. There are actually six veterans there but we were kept out from using all six to meet the 10 because we
needed to have a certain number of units that were for families. So out of the six, we only use one. So you can see these are eight credits and then the amended fair housing act allows certain
bonus credits up to 25% of your obligation. So 25% 10 is 2.25 and we were able to get a one for one bonus um at the group homes. But you can
see because of the % cap. We couldn't get more than 0.25 credit at the the 44. Now the final project is um which is at
the second row block 112 block 2 100 C drive. So this was something that had been identified in the vacant land adjustment. It's a vacant 1.7 acre parcel located. privately owned, but
it's located to the west of Sessa suites. It's own in common ownership with that SEA. And we proposed putting an overlay zone on that site. And of the 1.7 acres, we had calculated about a certain density
that would I'm just leave it for now. We're going to use three units because it gets too complicated. So, if you can see, we have the eight, we have the total bonus 2.25, we get 10.25. So we got the 10.25
to meet the RDP of 10. And on the following page is an aerial page seven of the property that we're talking about. And we thought, oh, that's actually not maybe wouldn't be a bad place for multif
family uh housing. It above that's up on the the burough owned property. That is where the recycling center is. except on Sesta Suites. It's not far from Route 10 which has you know certain obviously um transportation options and it's also
you know across from um the condominium >> oh Fox and and Dav Village which is another multif family. So we had suggested or proposed in the
housing element in June that we would zone and it's again it's an overlay zone. So the existing underlying zoning for this is C1. It's commercial. That zoning stays in place. We're just adding an overlay that would permit affordable
housing. And we used a density that was consistent with the other well really with Davenport Village which is you know across the street that would be 20 dwelling units per acre at 1.77
acres in size. That's 36 units at 20% set aside. So 20% of 36 is seven affordable units. So that would be seven affordable units and 29 market rate units. Again these zoning. This doesn't
have a developer. This isn't an imminent application, but we are meeting our obligation by putting opportunities in place that we thought was a a good spot. So, turn to pay. Um,
so on June 30th, we, you know, it wasn't June 30th, but by that June 30th deadline, we submitted our housing plan that had been adopted by this board. We didn't have to think about any of this for two months and but um objectors
had until August 31st of 2025 to file any objections. We got one objection and that was fair share housing center. Fair housing center objected to every town that sought a vacant land adjustment because they just, you know,
it goes against what their primary mission is, which is to produce as many affordable housing units as possible. What their main criticisms were two twofold. One was that the density we use, the six units per breaker, which we
used across the board for the vacant land adjustment, it was the it's the lowest minimum acreage of density, sorry. And they were kind of like, come on, you know, you have to increase that. And then the second one, and so we kind of
knew going in, obviously we were being very aggressive, you know, you want to go in with the minimum you have to do. And then with the idea if you get pushed back, then they also indicated, look, you need to provide additional overlay zones to
um satisfy the unmet need and Obviously, it's not the entire unmet need. It's about 25% of the unmet need. And they said, you know, you need to put overlay zoning in place in addition to property I talked about.
So through um the fall, you know, we we had some mediation sessions that were attended by Ed Boac, myself, the mayor, and Dave Schles. We only had two, I think, and they were very brief.
Um, but we were able to reach a mediation agreement by December 31st, 2025, which is was the deadline to reach an agreement. So since that time, two things have happened which have been good, which is
um on February 2nd, the program issued a recommendation to the Mount Royal Judge saying we recommend you approve this plan. We approve, we approve it. We like it. We recommend you approve it. And we got an order from the judge, the Mount
Laural judge on February 24th saying B it's an order And so in order to be in compliance with our mediation agreement, compliance with the program recommendation and compliance with the judge's order, we have to amend
our housing plan and we have to provide for zone and adopt zoning ordinances. So obviously this body doesn't adopt zoning ordinances, but we do deal with master plan consistency, but we'll get to that in a second.
But anyway, this all has to be done by March 15, which is truly just an absolutely rapid pace to get all of this done and which is why we're having this which is why you're here now. So,
if you go on to page n, these are the changes that we made to the vacant. So, we said to the judge, look, the properties on Lin Road, they're residential. We think breakers appropriate. We didn't get any
push back on that 100 Candlewood Drive. We said, well, okay, we're we're, you know, putting overly zoning in place that allows 20 dwelling units per breaker. So on this in this sort of exercise math exercise,
we'll do that, too. So we'll do the 20 dwelling units. And then for the um bro own site, the 5.41 acres, we um assigned 12 units per acre, which I know sounds kind of weird, but it was consistent
with signature place, which if everybody knows where that is on 250 Johnson Road, that is about the density of that. So again, this crazy math exercise, you get 99, you know, using those
densities, you multiply that by 20%, you get a realistic development potential of 20. So how page 10 shows how we're now suggesting that we address those 20
units. So again the third round surplus two credits we are home two bedrooms now because our RDP has gone up and this is where this just becomes a math game is because the RDP went up we could use
more of the bedrooms at least because like I There are six bedrooms there, but we're capped when we only have 10 unit RDP. Going up to 20, we were allowed to use four of the six. And then um it's
basically the same density at 100 candlewood drive that would generate those seven affordable um housing units and what did I say before 29 market rate. So then you have these bonus credits and
so that 15 units the five bonus gets us to the 20. So, our plan hasn't actually changed all that much. Um, the same sites and actually the same densities, we were just able to kind of move some
numbers around to to get to the point. Um, because we can also, as you can see, if back in in June with the Lemore Drive property, we were only able to use 0.25 bonus credits and RDP went up then the
25% goes up which means we can actually get even more bonuses from that project. So addressing the unmet need this is page 11. So um as I said fair share sort of pushed back and said you got to do more
because we had initially said we're going to do seven affordable units at 100 candlewood. we're gonna use three to reach the 10 RDP. The remaining four can go towards our unmet need. And they said you got to do more. And so this kind of
goes through the number how the numbers we came to. So the obligation again this is calculated by the bureau approved by the court 106. The RDP as is proposed or as is agreed upon in the mediation agreement and reflected in the amended
housing plan. 20 units based on the vacant land. So the unmet need is 106US 20 uh is 86. So fair share housing center and it's
it's in the amended house uh fair housing act. There was some debate as to what 20 25% of unmet need meant, but we conceded okay we will provide overlay zoning that will
provide an opportunity for 25% of the 86 which is 22 units. Now again we so we're addressing that 22 through two units the other two units at
le um at least all six bedrooms and then overlay zonings at two other locations. So you'll see on the following pages what those overlay zones are. So, uh, the
first on page 12, it's lot 101.01, lot 2.01, 300 T road. And again, this is an overlay. This is in the C1. And we, it actually had been a single family
residential zone until a year ago. And the owner, new owner, requested a zone change and they wanted to go from single family resial to commercial. They had which my understanding is develop.
So one thing that the law requires is that you have to to meet your unmet need look for sites that are likely to redevelop over the coming round over the next 10 years. So in our estimation this this fit the bill you know that we knew
that they had come in that they were looking to do something with this property. So again, this doesn't compel the owner to do it. They don't have to do it. Um they could if they wanted to, I mean, they could put a wall on, you
know, they could do whatever they wanted within the current seal zone, but we're just giving them this opportunity to show to the court we're providing this opportunity. So the size of the lot is about 2 acres.
Um Post density would be 10 dwelling units per acre. We could get about four units. So again, we have this 22 unit need 25% of the 86 22 22 minus the two group
homes at Lemore gets us to 20. Here four more eating away at that 20. Now we have 16 left. So the other site where we're suggesting that an overlay zone be placed proposing an overlay is zone be
placed block 114 lot two and this is Sinesta suits um and there you know we have no reason to believe that it won't continue to operate as a hotel but I think there was some dealers out you
know that potentially maybe someday it would be red so this also kind of fit the bill of you know maybe likely to redevelop this is about But I just have to stress there is no plan that we have. Nobody knows any plans. But again, we're putting and the
hotel can continue to operate there as long as it wants to. This is in the OB office business zone. If the owner uh wanted to redevelop for any of the permitted uses in the OB office business, they're certainly permitted to
do so. But we put an overlay, we're proposing to put an overlay that at 20 units per acre could yield 16 units. So again, as I said, it was the 22 minus the two additional um beds
from drive, four from the um I calling it the teardrop property, but it's that sort of island property. And then um
here. So, this plan and it's like I said, and I it is like a a math exercise, but the program judge approved it. Fair housing center approved it and now we've gotten
the M Laurel judge to approve it and us to put to amend our housing plan to reflect this and to um adopt zoning that would permit these overlays. So essentially
that's >> not thanks for going through it. I mean you've added as much simplicity as >> possible. if you don't mind if I could just >> I don't like using the word but >> the word has been brought up and it was
voodoo math right and this is really what the state put upon us to work with and uh I I'm very pleased at the outcome of this when this started we started with 137 units or
is what we were first assigned. So people were asking me, so you multiply that by five. So 700 units, right, coming in or whatever the number is, right? That's what we just added here in Mars. That was 25% of our population when we added 700 units from the round
three. So uh it was important to me to fight this high density housing. It's not the affordable housing that we're fighting, but you have to fight the affordable part because of the that the state and the developers are requiring for one unit. They get to to
build a million five1 million dollar units, right? So, they're making tons of money when the burden then rely comes back to the burrow, right? This has cost hundreds of thousands of dollars to you taxpayers. Um this this unfunded state
mandate. Um the time and the effort from our professionals, everybody, all the professionals here, this has g on for almost two years and um the just the support that they have given us um throughout this process is
really truly amazing. Once this is done in another week when when the council adopts these uh ordinances, we should be done for the next 10 years. These these plans last for 10 years. So uh it'll give us time to breathe and maybe focus on some other things here in the world
because this search can't stress how much energy this has taken from everybody. um some of these hearings with the judge in this fair share housing literally 45 seconds right and that's what I got
to talk or Ed our attorney got to 45 seconds we couldn't it wasn't a hearing it wasn't a negotiation they were telling you what to do so for coming up with the numbers and the plan that this committee has come up with I couldn't be
more proud of I couldn't be more proud to stand up there for 45 with that judge and fight our case and it's so important we want to but we just don't want to convince I think I when this started also I I was telling
you know just the town to touch Morris plans that the potential was for 9,000 units to be built um of of you know with the portable aspect and then the five to one that's you know those these numbers are going to be high. It's not going to
be as high as 9,000, but you you see the congestion. You see all this stuff that's going on all around us. Route 10, the highways, everywhere you go. Forget, you know, 202, that's it's that way everywhere. And it's because of the previous round that's finally coming up
out of the ground and people are occupying. So, people are really starting to pay attention now, the high density aspect of this, but I couldn't be more that that was put together. It's changed a little couple times throughout the two
years with some different members, but really just putting it all together and coming up with this plan was certainly a win for my sincere thank you to everybody. I hope that you know this is a lot to to
take in and grasp because even being on that committee, you get these numbers confused and where things are going and why you're doing it like this and why it has to be over here and to to get it all in one nutshell is really remarkable. So
commend everybody on the committee. I have to thank our professionals both the council and the full cooperation. It was a monumental task to get us down to 20
losing our woods, losing some of our wildlife, losing a lot of acres here in the world. >> I I would just like to add that I don't think people know that this is the fair share plan. Okay, this is what Liz put
together and with the help of our other professionals and Buzzac who is not here, an important amount of time and effort went into this. And Liz, I thank you so much. I mean, it's just amazing
and it was just such a a huge job and I don't think most people realize what a job it was, how much time you and Ed put into it. I There's just um I don't know how you
was just amazing and I don't think other towns are as I know you did this for other towns but there are a lot of towns that didn't have you and and how lucky we are that we had you thank you
>> Mr. Mayor thanks information. Any board members have any comments? >> Um, Miss Laney, again echoing the mayor, M. McCleskkey said, thank you very much for all the work you put into this. Um, it's uh you've done a ton a great service by by doing all this. So, really
appreciate it. Um, I did just have just um two two clarifying questions that just for the the benefit of myself and maybe some of the public, could you just explain what an overlay zone is and then what what zones in Morris Planes would
qualify as overlay zones? Like for example, could any zone in Morris Plains be an overlay zone? Could a residential zone be an overlay zone? What what qualifies as an overlay zone? So maybe this Sure. So overlay zoning has to be
placed on it by an adopted ordinance by the governing body. So it can't be you wake up one day and all of a sudden there's no zone on your on your property. That can't happen. You would get noticed, you know, there there's notice requirements. There's a public
hearing, etc. So, what an overlay zone does is it permits whatever, you know, zone you're in, you continue to have all of the rights and, you know, uh, all the rights permitted
under that zone. And then an overlay says, okay, but if you wanted to pursue this option, and in this case, what we're looking at tonight are, you know, if you wanted to do multif family housing or, you know, that apartments or town homes or
whatnot, you could do it. And these would be the regulations that apply. Overlay zoning does not, as I said, it does not compel the owner to do it. Um, it is not taking the property from them if not
they they have if anything they have more rights because they now have whatever is permitted in the underlying zoning plus this other option. Um there are overlay zones in the community already not for affordable housing. Um
there's one the white property has an overlay zone. People may not realize stop and shop actually has an overlay zone on it that for a hotel um property has an overlay zone to to do this you know uh
commercial office redevelopment. I think that's it. I think those are the only overlays. Um but it's it's you know it's used it's providing an opportunity a realistic opportunity. It's
which is what the Constitution of New Jersey requires. And so that is that is I hope that answers it. >> No, it does. Thank you. Um are there are there any restrictions on how much or
percentage um of overlay of of the town being overlay? In other words, like so from I'll just say like from a builder's perspective, right? You're you're basically doubling up on the opportunity So, as a builder, I would say, well, you know, it'd be great if the entire town
were over because then I can do whatever I want, right? So, are there are there any restrictions that >> Yeah, I mean there if the town wanted to do that, you could. I would never advise that, >> but you could, right? >> I mean, I um one thing that we should
say, and this is something that was a condition of our third round settlement, it's a condition almost in everybody's settlement agreements, which is There is a townwide mandatory set aside. So if somebody comes before us and
the thing is in Morris Plains as a lot of other communities like Morris, most of the town is zites that are zon specific. By that I mean the
M&M development the Fiser site right that was a builder remedy that was a lawsuit so the the zoning for that is just for that site the other signature place signature place was used it was it was a cali
office building right and it was redeveloped to meet help meet our housing obligation um so sorry I got off on a tangent so I guess the point is is that no you wouldn't want to do You wouldn't want to just be like, "Oh,
yeah. All over town." Um, you can do this incredible density if you are able to get these sites together. Oh, the reason why I said is because if there is any project that
involves five or more new housing units, they have to provide 20% of those units is affordable. And that's but that doesn't give anybody the law the way it's written is that doesn't give anybody the right
foring. It doesn't give anybody the right for the density bonus, but it's just if the board allowed it, you know, if the if the town actually allowed it, then they would have to and it resulted in five or more new housing units.
>> Bill was part of the discussion about Where should we put a good spot? Why would another appreciate the uh the explanation? Very good. The presentation is great. Um just just one thing I wanted to clarify in
the presentation. So on page seven, um you listed the overlays on block 12 block two, >> right? And then on page 12 and page 13, we're listing two different blocks and lots.
So So my my question is, is is this a combination of all three of these lots now? Is it only the last two? >> No, it's all three. >> It's all three. >> It's all three. >> Okay. So what So what we mean? >> Right. So as you said, it's the teardrop shape on paper road. It's the the wooded
area and it's the what's currently >> right. Exactly. And so and I think the um the idea was 100 problem is this nest and this property both.
So, um the two um which is the vacant property versus we're putting that overlay to meet our other properties to meet the >> and So,
is is the is the math correct then? Because the just my math, not yours. I know yours is correct. >> Well, it might not be. >> Village, >> she does it very very well. She does the voodoo very well.
>> Um the So, it's this it's the 16 units on the Candlewood. It's the four units on 300 T road. And then is it also the 36 units on that wooden lot as well? >> No. This is why it's a little confusing. And um
>> basically the 36 on that wooded lot would be used to meet the 20 >> the 20 RDP, right? So that's kind of like what we should, you know, what we're trying to do over the next 10 years. >> Okay. >> The unmet need sites include those two
parcels plus the two bedrooms. from the um >> so when we're looking at this holistic all all three of those pieces of parcels of land together >> and when we're talking about a total
amount of say building right that could be done to the mayor's point right it's the um the affordable housing is only 20% of what the total could be >> do we have we know what that total number could be across all properties
potentially. Not that anybody's going to do it, just potentially. >> Yeah. Yes. Um I have to do the math. >> Or could you tell us what what is the total number of affordable units across all >> across all three would be um 27.
>> 27. Okay. And then if we do quick math, it's basically multipath. So that's what we're talking about in that overlay area >> potentially right by the law we have to allow for for the potential for this to
happen but none of what we're doing here what the council is doing is actually building we're just allowing >> we're not we are not we're providing the incentive >> you got understand it could be that 131 or could somebody
just come in I want or the burl can say we can just build the total maximum capability is or potential is that >> correct correct and but again I can't
stress this enough it could also in 10 years time we could feel >> as you said it's been going on early. >> Yeah. Yeah. >> Thank you. It's all the question. >> One more thing. >> Sorry.
>> But I just want everyone to know that by doing all of this and adopting these um resolutions that provide for the ordinances and the master plan. This and having the judge and everyone
approve it. This protects us from having a builder's residency. >> That's correct. I should have said that because >> Morris Plains actually has had builder remedy lawsuits that >> were successful for the
among them being the Fiser property on Table Road which is going to be 423 units all total um whatever% set aside 70 something and then there's also the American road
was a lawuit again is part of sort of they packed on late to the bill of remedy and when you are don't have a court approving your plan you're very
susceptible to somebody coming in and saying I want to build 500 units of housend So having a compl I need some clarification. You have an obligation to provide 106 affordable units. Correct.
>> Not really. I I'm sorry. I know it's not >> not to provide 106. It's not even that. That's the number. And we have to have a reasonable probability reasonable expectation that might but that's only a portion of the number. That's what you want only a
portion. We don't have to provide 106 nor do we have to >> we have to provide still provide the potential for a portion of it. That's the whole portion of it. >> So what happens to the difference? >> What? So really our obligation is not
106. >> That's correct. >> Correct. Yeah. No. This is again you're you're bringing logic to this. So >> I'm just trying to understand where the remainder goes. That's all. >> No, >> they they come up with there is
looking at the need for affordable housing and green space in they come up with the number 132 or 106. We got 106 but that gets modified by what is actually possible what can be done.
>> That's that's the delta between 106 and So it's it's based on our limitations in terms of available available land that could be developed. And >> that's a pretty good description. >> There's some
logic that allows you to go from 106 down to what? >> So again confusing thing is the word obligation really >> that that number is really looking at Mars planes and saying okay >> you should provide 106 but really don't
have the potential to do that. So what the remainder is is the fact that we don't have the potential to do 106. >> Okay. >> Which which helps us protect the town from >> and the other thing that I wasn't sure
of and I asked this was so that let's say we're talking property there on Route 53 and Taylor Road. If somebody comes in and develops that as a let's say a Waw Wa or whatever,
it's okay with us. We don't have to do anything about that. It doesn't change our obligation. We provided the opportunity. >> So that so our obligation doesn't change until the next round. Is that how that works? Yes, we won't
have to go through this whole process of you know bartering arguing for you know non >> as our development potential changes this stays the same. >> Yes. I mean yes in let me just to full
disclosure let's say somebody came in and said I um I have accumulated five acres I don't know somewhere in town I don't know where but five acres and they came and said we want to do we're going to sue you because you have you're a
vacant land adjustment town it would be litigated but that's that's where things and there's langage in our settlement agreement about circumstance. It would it would need some litigation, but we might have to
deal with that. If somebody came forward with property and we weren't that happy with it, potentially >> So, you're asking very question to a very unlogical law that a very unlogical legislator.
>> It only come up if somebody finds Any other questions? >> Joan, >> just in case you make a statement on thisbody, please state your name. >> Joan Duke D. >> You swear or affirm the testimony you'll
give this evening before this board. the whole food to help you out. >> I do. I just really have a question. So, this whole thing came down to the fact that we have to have the potential to build these 20 units. So,
you must be so frustrated >> because it's like you go through all this and you don't even have to build these things. I thought this was like something that was mandated that we have to build or that had to be built. Our mandate is to zone for >> right. So if
>> that's candlewood whatever those properties were decide they don't want to build anything there or they want to build something else >> then >> it's not even their obligation. >> I could give you a little quick summary. What happened back in the 1970s is that
the Supreme Court decided in Mount Laurel that there was zoning in place that was designed because of the huge lot size minimum. That was the decision and they said the decision was you can't do that. You have
to allow for the possibility of rich people, middle class people and poor people and people of all income classes to be able to live and work, you know. have some they didn't say you have to build it. They said it has to be the potential that it could happen for the
market forces and that is and said that for the last 50 years the state of New Jersey has what that's and the and the when she talked about the adjustments there used to be adjustments where you could pay another town to do it >> right that those went away used to be credits for this and that and those went
away there constantly changing thing that we'll have to deal with or somebody will have to deal with again in 10 years but Not the bill, but it has to be a possibility that will happen. >> No. So again, it's on Table Road.
>> The the project hasn't been built. You know, the main apartment building >> and but it's zoned for it and it still has the realistic potential. So we we didn't
get that counted against us that that hadn't been built. Do you do sorry I know you lost me a little bit. >> I know I lost myself because >> that's the new one that is going to be built in. >> But that's that's to satisfy an obligation for our third
>> and it's not built yet but the court accepted that hey we we zone for it. They usite plan and so forth and so it's still a realistic >> project. So that's the whole I guess >> yeah that was going to be my next question like that those units that are
going in there that doesn't count toward this >> it counted towards our earlier rounds but it's not counting towards this >> okay got it >> so3 so all this money spent by everyone Literally nothing really.
>> Well, Liz loves it. >> Thank you. >> Very helpful. >> Anyone else from the public? >> I have a question, but I don't want to take away from anyone else's. >> May I come up a second time?
>> So, Please raise your right hand. State your name. Spell your X. >> Lee Connor. D O N O R. >> You swear or affirm the testimony you'll give this evening before this board will be the truth, the whole truth, and nothing but the truth. So I help you out. >> I do. Always looking for my simple
explanation. The potential for all our properties is 27 affordable units. Times five is a potential of 135 additional units. There is a chance that none of this will
be built. Potentially, all of it could be built, but it depends on what builders want to do. >> I just aren't. >> Correct. But don't they give the builders? Yeah. Come on in. You're
right. You were right. You're absolutely right. It depends on the people that would control those properties. They would have decid. >> Okay. Each of the board members have this resolution in front of them. So at
this time I'll ask the resolution. resolution resolution plan whereas NJS 45-28 authorizes the planning board to prepare and after a public hearing adopt or
amend the master plan or components thereof to guide the use of lands within the municipality in a manner that protects public health and safety and promotes the public welfare and whereas the burrow of war plane planning board conducted a hearing on March 3rd, 2026 to consider the adoption of the amended
housing element and fair share plan of March 2026 entitled Burrow of Morris Plains, New Jersey housing element and fair share plan fourth RAM 2025- 2035 and prepared uh by Elizabeth C.
housing elements and whereas a notice of said public hearing was due be published in the official newspaper and notices were served as required by the divisions of NJSA 40 col 55 DBX13 and whereas at said public hearing the enforced document was presented to the public and
members of the public were given an opportunity to be heard and whereas the board finds that the housing element is consistent with the physical economic and social development of the Bureau of Morris claims and the purpose of Municipal land use law as stated in NJSA 405-2.
Now therefore be it resolved by the land use board of the Burrow of Morris Plains Planning Board of the Bureau of Morris Plains in the county of Morris in the state of New Jersey on this third day of March 2026 as follow. The board hereby amends the Burrow of Morris Plains
master plan and adopts the housing element in the form considered by the board and attached here too. The planning board secretary is directed to record this date, March 3rd, 2026, as date of its adoption. Two, the planning board secretary is authorized and directed to provide notice of this
action in accordance with NJSA45D-13. Three, the planning board secretary is hereby directed to forward a copy of the housing element from March 2026 together with a copy of this resolution to the office of planning advocacy and to the Morris County Planning Board as required by
for this resolution shall take effect. >> Okay. So, at this time, can I get a motion to adopt resolution 26-06, which is for the revised housing plan that's currently in our master plan? >> So, second
roll call. >> Yes. Yes. >> Yes. >> Yes. >> So, at this time, I'd like to turn it back over to Miss Laney to give an overview on the ordinances.
>> Okay. So, the ordinances um that you have before They're under consideration for the um for the council. I believe it's this Thursday night. Uh and they're basically there two ordinances. The first is the affordable housing
ordinance. So this is something that we have on our books now, but the state in their like infinite wisdom of everything happening all at one time, they updated their housing that there's there's
something called uh hack which the uniform housing affordability controls and that is the minutia of affordable housing. That is okay, you need to have this many two bedrooms, this many three bedrooms. You need to have okay, the
things that are on the ground floor, they need to be accessible to, you know, 88 people. You have to make sure that 50% of the people are making less than this amount of income. It's it's the real minutia, but it's the sort of the
rubber hits the road. Um, and so anyway, uh Hack was amended uh was done by NJHMFA, the Housing and Mortgage Finance Agency December 15 of 2025. So, you know, while
everybody is sort of madly trying to get their things in place, you know, their settlement agreements, etc., We had to and this is a uh condition of our mediation agreement and also I believe it's in the court orders. We had
to update our housing ordinance to reflect new. So essentially this is something Ed Bozac um finds very irritating. I agree with him. We're taking a state law and kind of like
repeating it in the local ordinance and So it's basically everything in this ordinance is something that would is mandated on the state level and we're required to adopt an ordinance locally basically indicating we're doing the
state what the state has asked. The thing about the ordinance that's in front of you I should just say is that it was a model ordinance that was prepared by the New Jersey um affordable housing professionals and it was okay by fair housing.
So our sense is um that when this gets submitted, you know, hopefully it will get adopted on Thursday that when it's submitted to the court that it will be kind of just a breeze because it was model ordinance that you know that we
adapted to every time it said you know but it was essentially just a model. So that's ordinance number 3-2026. Ordinance number 4-2026 has to do these are the overload zones
that we talked about. And this is the zoning that essentially allows for that realistic opportunity on those three sites that we discussed and at the densities that are in theation agreement and the amended housing plan. Umvious
obviously you know I mean you can ask any questions about but they you know the actual um nuts and bolts will be discussed I think more on Thursday night in front of the council you can ask you know feel free
to ask any specific questions uh now but what we're looking to do tonight is to make a recommendation to the council that these ordinances are um and I think we can not inconsistent, it's because
they're consistent with the housing. Um, and partly they're consistent with the house because they're in the house. You know, these drafts of these ordinances are in the housing plan. So, it's, you know, master plan consistency.
The housing plan is an element of our master plan. So, certainly they're consistent um in that regard. And I think they're also um consistent with some of the overall goals of our you know our general national plan last um
updated. I'll answer questions, but essentially the my recommendation to the board is that you find these consistent with the master plan and then of course on that body
just general knowledge questions. I missed it. >> Oh, sorry. when someone qualifies for the housing they are their income levels will only be checked upon entry into the is that that's correct
right that's the >> I have to say okay I don't this is something a question that's come up recently to me I don't know I think you may be right there are what we have and we have some in plans we have admin
they're called administrative agents who do that who actually do you know look at people's tax returns or whatever to make sure that they're eligible. I don't know if if if those particular some of them may have policies in place that oh we
have to review this every five years or something but I don't know >> but the bureau is not involved >> I was just saying it's a general knowledge that was my understanding as well that there's no additional verification
okay um So in the ordinance when we're talking about affirmative marketing strategies I don't know but it's um when it talks about affirmative marketing plan and it mentions some of
the community and regional organizations one things it doesn't mention it doesn't talk about veterans and I don't know if veterans are included in that you veterans organization. It should be called out in there or >> Yeah. So, it's a good question and you
certainly can market but it's basically how come online, how they get um marketed to the region to get people who are in need of housing, how they find out and as part of our
mediation agreement housing center lists whatever those organizations are in there, you know, it's like themselves I think is one, you know, the housing resource center. there's probably the NAACP um I'm not sure where but you know
there's different um organizations and so we have to make sure that those organizations that are listed in our settlement agreement are there >> any additional questions Resolution number 26-07 resolution municipalities law on
referral of the ordinance amending the land development ordinance adopted on first reading whereas the governing body of the bureau of morris claims has adopted ordinance number 3-2026 on first reading and whereas ordinance number 3-2026 is entitled an ordinance of the
burrow of Morris Plains amending chapter 13 land development repealing and replacing chapter 13 article 5 subsection affordable housing ordinance of the code of the bureau of Morris Plains, New Jersey. Whereas the governing body of the Brow
of Morris Plains has referred ordinance number 3-2026 to the planning board pursuant to the provisions of NJSA 445D-26 concerning consistency with the Morris Plains master plan and such other matters as the planning board may
recommend as it deems appropriate in connection with the said ordinance. Now therefore be it resolved by the planning board of the burrow of Morris plains in the county of Morris the state of New Jersey on this on the 3rd day of March 2026 as follows one following a review
of ordinance number 3-2026 and comments of the burough planner at the meeting dated March 3rd 2026 the planning board finds and determines that the said ordinance is not inconsistent with the master plan. Two the board has no other comments or recommendations
otherwise as to the ordinance. Three, this resolution shall constitute the report of the planning board pursuant to the municipal land use law and the board secretary is directed to deliver a certified copy hereof to the bureau of clerk within 5 days of the day here for
this resolution shall take effect as provided by can I have a motion to agree that ordinance 3-2026 is consistent with our master plan which allows it to go back to council for a second read
Second. >> Yes. >> Yes. >> Yes. >> Correct. Resolution 26-08 resolution pursuant to municipal land use law and referral of ordinance
amending the land development ordinance adopted on whereas the governing body of the bure has adopted ordinance number 4-2026 in first reading and whereas ordinance number 4-2026 is entitled an ordinance to provide for the partial
amendment supplementation and revision of chapter 13 bureau of Morris Plains land development ordinance to establish affordable housing overlay zones in the Burrow of Morris PL whereas the governing body of the burrow of Morris claims has referred ordinance number
4-2026 to the planning board pursuant to the provisions of NJSA 405D-26 concerning consistency with the Morris Plains master plan and such other matters as the planning board may recommend. as it deems appropriate in connection with the said ordinance. Now
therefore, be it resolved by the planning board of the bureau of Morris Plains in the Campion of Morris and the state of New Jersey on the 3rd day of March, 2026 as follows. One, following a review of ordinance number 4-2026
and comments of the burough planner at the meeting dated March 3, 2026, the planning board finds and determines that the said ordinance is not inconsistent with the master plan. The board has no other comments or recommendations otherwise as to the ordinance. Three,
this resolution shall constitute report of the planning board to the municipal land use law and the board secretary is directed to deliver a certified copy here to the burough clerk within 5 days of the day thereof. Four, this
resolution shall take effect. >> I have a motion to agree that ordinance 4-2026 is consistent with the master plan which allows us to go back to the council for a second read. >> I'll move it. >> Second roll call.
>> Yes. >> Yes. >> Yes. Yes. >> Yes. >> Okay. That concludes our meeting tonight. >> I have something to bring up. >> At
Mr. Chairman, you were not here at our last meeting, but at our last meeting, we had some discussion about the checklists, and there have been some input that we felt maybe haven't discussed. So decided that we would like
to discuss those things and have a I'm sorry and have a thank you Russ and have an opportunity to discuss them and we said at a regular meeting not tonight we would have an opportunity to do that. So I just want to make sure that even if we
don't have an application and for our March meeting that we have that opportunity for all the board members to discuss the changes that have been proposed to the checklist and the changes that have been uh not included
in the checklist that we had suggested. >> So are so were there any changes? No, no, no. I know that. But at the February meeting, were there? >> No, we didn't discuss. >> So, was the changes that we had talked about prior work session?
>> I think there were the questions making is just to put it on the agenda that we discuss at the next meeting. So, that's what I believe. >> Okay. We can we can do that. >> Sure. We can do that. >> So, even though there won't be or they
might not be, I guess it's too late. an application to come in now. But >> yeah, >> even though there isn't an application, we will be doing that. >> We'll have resolution. >> Yeah. >> So, we'll do that. We'll do that in two weeks.
>> Okay. >> Okay. Everyone go with that? >> All right. Okay. So, our next schedule planning board meeting will be March 16th, which is the normal schedule right here in council chambers. Can I get a
motion to adjourn tonight? >> So move. >> Second. >> Second. >> All in favor? >> I >> was bring I heard I heard 11:30.
That's right.