Good evening. I call this meeting of the Township of Union Planning Board uh to order. Uh Sunshine Act, please. Pursuant to the open public meetings law, notice of this meeting stating the time and place was satisfied by the filing of an annual notice with the local source in
the Star Ledger newspapers of general circulation within the township of union and posted on the bulletin board of the Township of Union Municipal Building. >> Roll call, please. >> Mr. Alexander, >> here. >> Mr. Cohen, >> here.
>> Miss Espinosa. Miss Natalie. >> Yes. >> Oh, here. Okay, >> here. >> Mr. Frame >> here. >> Mr. Miller >> here. >> Miss Perkins >> here. >> Committeeman Florio >> here >> for the mayor. Committeewoman Terrell >> here.
>> Miss Khan, Miss Khaled >> here. >> And chairman Lei >> here. Can we swear in the engineer? >> Present. >> Do you swear the testimony you'll give today to be the truth, the whole truth, and nothing but the truth? >> I do.
>> Okay. Uh on our agenda, first up we have the minutes from the January 22nd meeting. Can I get a motion to approve? >> Motion. >> Moved by Mr. Fra. Is there a second? >> Second. >> Seconded by Mrs. Perkins. Roll call, please. >> Mr. Alexander. >> Yes.
>> Mr. Cohan. >> Abstain. Not present. >> Okay. Espinosa. Miss Natalie. >> Yes. >> Okay. Mr. Frame. >> Yes. >> Mr. Miller. >> Yes. >> M. Perkins. Yes. >> Committ Florio
>> here. >> Abstain. Okay. Committeewoman Terrell. >> Yes. >> Miss Khaled. >> Abstain. >> Abstain. Okay. And Chairman Lelay. >> Yes. Next up, we have the resolution for 650 Liberty Avenue LLC Interglobal. Can
I get a motion to approve? >> Motion. >> Moved by Mr. Fra. Is there a second? >> Second. >> Second by Mr. Miller. Uh, roll call, please. >> Mr. Alexander, >> yes. >> Mr. Cohen, >> abstain.
>> Miss Natalie, >> yes. >> Mr. Frame, >> yes. >> Mr. Miller, >> yes. >> Miss Perkins, >> yes. >> Committeeman Florio, >> Committeewoman Terrell, >> yes. >> Miss Khaled,
>> abstain. >> Okay. And Chairman Lelay, >> yes. All right, we have a couple items up for new business. Uh the first will be um a presentation on two items um from Kendra Le um for the township master plan amendment to housing and
fair share plan and ordinances to the master plan amendments for chapter 170 land development. Kendra, are you there? >> Good e I am here. Can you hear me? >> Yes, we can. >> Great. Good evening, Mr. Chair and planning board members. Um, I think I need to be sworn in first before I give
testimony. >> Yeah. >> Raise your right hand. He's the testimony you give today will be the truth, the whole truth and nothing but the truth. >> I do. Um, again, good evening. My name is Kendra Lely. I am the um township's
affordable housing planner. Uh, we are here tonight on a couple of different topics. The first of which is the amended housing element and fair share plan, which hopefully you all received a copy of. um you adopted the original housing element and fair share plan on
June 19th uh 2025 and uh that was then submitted to the program. The program is also known as the affordable housing dispute resolution program. Um this program was set up by uh the Fair Housing Act and we
we are uh adopted the plan in or you adopted the plan in response to the Fair Housing Act which was adopted in March of 2024. Uh and that was uh the requirement that you provide for a housing element fair share plan to
address your obligation. Uh it was submitted to this uh program. The program was set up to mediate any challenges to the to the uh housing open fair share plan. Uh there was one challenge that was filed in time. It was filed by August 29th or it was filed on
August 29th by Fairshare Housing Center. Um, for those that are are not completely familiar with the affordable housing process, uh, and who the players are, Fairshair Housing Center is, uh, the nonprofit in the state of New Jersey that is made up of attorneys and some
planners, and their mission really is to represent the um the interest of low and moderate income households. Uh, so they filed a challenge against the township's plan. In fact, they challenged uh they they submitted challenges to all the plans that were submitted to the
program, over 400 of them. Um I would categorize their challenge as um as a medium challenge. I have soft, medium, and hard. Soft meant like there wasn't really anything significant that they were challenging. Medium, they had a
couple of things. Hard being they they were actually asking for their immunity uh for a municipality's immunity to be um revoked. uh that wasn't the case with the township. They had some concerns with a couple of the items. Uh and then through this program uh there was
mediation that occurred in October and November. We met with the program judge and we met with the special adjudicator that's assigned to the township um to go through the issues uh that were identified and see if we could narrow
them down. uh we actually were able to narrow them down to a couple of things and that's really what I'm here tonight to talk to you about as to what those changes are in the housing element and fair share plan. Uh we actually did receive an order from Superior Court. So we assigned we signed a consent order
mediation agreement with Fair Share Housing. They again they're the only ones that challenged the plan. No other developer uh came forward and then that was submitted to Superior Court. Superior Court is the um is the entity that actually is providing for
certification of these plans, meaning they will bless them uh and give them approval for the next 10 years where you would then implement your plan and be protected from any builder's remedy lawsuits. Um that that was issued by the court on the 19th of February. So just
this month, we received that. It's a conditional approval. Um and one of those condition this the all of the conditions are required to be met by March 15th. This is an obligation that's been or a requirement of the Fair Housing Act. Um if you all were here
back in June, I went through a very very tight time frame. Um from the time that it was issued in in March of 2024 to now u having to adopt and implement all all of the items to make this a compliant plan. it's it's basically a very short
period of time as it relates to uh planning in the state of New Jersey. So that being said, uh they issued a conditional um u uh certification and uh two of those conditions uh was one was
we were to amend the housing unfair share plan to comply with the consent order with fair share housing center and secondly we were to implement all of the ordinances that that basically um implement your housing element fair share plan. So just to give you a quick
background on your housing element fair share plan. Um in this housing element fair share plan we had to do a look back to the third round. So we are in the fourth round. The third round ran from 1999 to 2035 excuse me 2025. And then
the fourth round runs from 2025 to 2035. Um the third round obligation so the number of units that you had to satisfy uh in your plan was 850. Uh we did put a plan together that we received what's known as a judgment of compliance. It's also called a
compliance certificate now. It's the same thing from superior court uh back in I want to say it was 2019 2020 somewhere in that in that realm. Um and uh through that third round plan uh things were implemented over the last
four or five years. There were some projects that weren't implemented. And so the reason for the look back in the third round was to identify anything that did not go forward. Uh we identified a 37 unit deficit. There were some some um uh extensions of controls
that we did not receive not they did not come to fruition and there was one or two projects and some zoning that did not come to fruition. So we basically have to make up for that and that was that was all part of the original housing element fair share plan. The that so that dealt with the third round.
We knew we had a deficit going into the fourth round that we had to cover. The fourth round obligation was 585 units. Um now Union Township is what's known as a vacant land town. Vacant land towns uh basically say we have a scarce resource.
We don't have enough vacant land to possibly meet this number of affordable housing units. Therefore, we can adjust our number down. Uh so we were able to adjust the number from 585 to 10 units in the fourth round. uh housing the fourth round uh obligation, but that
doesn't get rid of the units. We doesn't doesn't walk we don't walk away and we say, "Well, never mind about the 575 other units." We still have to implement what's known as meaningful zoning to address some of that uh some of that obligation. So, the way that the town
put together the plan and submitted it, the the program, it included one 100% afford affordable housing project on Stanley Terrace of 70 family rental units and then one overlay zone uh on Union Avenue and that was uh near Route
78. And I'll show you some mapping. >> That's what they want to do >> in a second. >> I'm sorry. Go ahead. >> Did Did somebody need me? Okay. um that so that was basically your plan. Uh the re the ba based on our mediation
with fair share housing a couple of things have changed and that's what we're going to discuss here tonight. The the housing element fair share plan that you may have a copy of uh the way I was able to distinguish between existing housing element the one you adopted in June and the the amendments that we're
proposing is the type uh the the the u the type of of fonts that I put into the plan. So, anything that is bold, italicized, and underlined are all the new pieces of the of of the amendment. And that's really what we're going to focus on as far as um tonight's
testimony uh and and the the proposed changes. Uh so, one item that changed was the realistic development potential. As you recall, I said that your obligation for the fourth round was 585 units. Um originally we had identified
10 RDP or 10 realistic development potential based upon the vacant land. Um based on remediation with fair share housing, they indicated that we should have increased the RDP on the Stanley Terrace site uh which we did and so our
RDP had increased to 21. Uh and then that gives a unmet need of 564 units. That's one change that you'll notice in the plan. The second change is that we we uh added an additional 100% site. So
in in the interim between the time that we submitted the plan and going through mediation, another developer um uh came to the township and indicated that they would be interested in doing a senior 100% project. What that basically means
is all the units are available to low and moderate income households. Um this one is at 1070 Janette Avenue. I believe the county owns this property. It's block 4305, lot 10. It's a 4.5 acre parcel. Um, this property will go
because we've already met our RDP with the Stanley Terrace project. This will go to that larger 564 number, that unmet need number. Uh, and that again is 72 senior affordable housing units. Um the other item, the third item that is
changed is that there was a new overlay zone that's going to be placed on Stson Avenue. Um this was again another mediation item that Fairshare Housing worked with us on. They they were interested in doing more more overlay zones. As you all may or may not know,
an overlay zone is exactly what it sounds like. The base zoning stays as is. That doesn't go away. So let's say if it's a a business zone, it still remains as a business zone. The overlay sits over top of it and gives an additional option for the owner or
developer to develop inclusionary uh housing both uh in this particular case it's mixed use and multif family. Um and so this new overlay zone will run from uh basically Oakland Avenue to the border with Irvington Township. uh
excludes the cemetery and and when we get to the ordinances, I'll show you some maps of that. It will permit mixed uses and multif family uses uh at 35 units per acre. Uh there is a somewhat new development that it we kind of mimicked as far as the bulk requirements
are concerned at 1660 Stson Avenue. It's a mixed use where there's retail at the bottom. Second and third floors are the um the uh the residential units. Um so essentially those are the main changes. uh that you would all be voting on
tonight on the amendment. Uh and this will be in compliance with the uh consent order and also meeting one of the conditions of the order from the court. I'll be happy to answer any questions that anybody may have. >> Questions from the board?
>> Questions from the public? >> Right. Kendra, can you uh with no further questions from us, do you want to proceed to the um the master plan amendments for chapter 170? >> Yeah. So, um Mr. Chair, if you don't mind, if you could do the vote on the adopting of the housing element fair
share plan, that's important because I have to that the ordinances have to refer back to the adopted version of it. So, if if you could all go through that process f, you know, sec first and a second um and then a vote. >> Sure. Just a question. Does this get referred to the township committee? Correct.
>> So I move the >> Yeah. >> I move the board refer the amend amendments to the tax >> just just before the motion just for techn tech uh technicality comments from the board. >> Oh sorry >> comments from the public. Okay Mr. Gohan go ahead.
>> Yes. Thank you. I move that the the planning board adopt the recommended changes uh to the fair housing plan and refer it to the town committee for final adoption. >> Okay. Moved by Mr. Khan. Is there a >> Let me just let me just clarify. um planning board adopts the housing and fair share plan. That's your purview.
The only thing that the governing body will do is endorse it. So it because it's a master plan item, this is totally in your court. You guys uh all adopt it and they just look at it and endorse it. >> So moved. >> Is there a second?
>> Seconded by Miss Khaled. Um roll call, please. >> Mr. Alexander. >> Yes. >> Mr. Cohen. Yes, >> Miss >> Natalie. >> Yes, >> Mr. Frame. >> Yes, >> Mr. Miller. >> Yes, >> Miss Perkins. >> Yes,
>> Committeeman Florio. >> Committeewoman Terrell. >> M. Caleb. >> Yes. >> Chairman Lee. >> Yes. All right. Can you proceed to the master plan amendments? >> Yes. So, the amendments that you have as
far as the ordinances uh that are before you, you have four ordinances, and I'm going to I'll start with the AH4 ordinance. Uh if you have a copy of that, uh the AH4 ordinance is the ordinance that will implement the Stanley Terrace project. This is the
100% project um that is on Stanley Terrace. And I'm going to I'll just share my screen real fast so that you guys can see you all could see the um the map of of the location so I you have some context. Um can you see my screen?
>> Okay. So this is uh Stanley Terrace. This is 100% uh affordable housing project 70 non-erestricted. Basically their family rental units block 5504 lot 22.01. Uh this will allow for 100% affordable
housing as well as supportive and special needs. Um the development standards are are located in the ordinance. Uh as far as how we don't have a con conceptual plan yet from the developer on this. So these are somewhat of a broad um standards that we utilize.
Uh but this is what's known as a municipally sponsored 100% affordable housing project. So the town is working with the mun with the I'm sorry the developer to come up with the conceptual plan and um no matter what happens this this uh this development will have to
come to the BL planning board for uh development approval uh just like any other site plan uh does in that they have to in the into the in the township that wants to develop a parcel. Um, with this particular ordinance, uh, in my opinion, you can find that it is
substantially consistent with the housing element and fair share plan. Um, and that's because it, uh, the housing element fair share plan specifically calls out this particular parcel for 100% affordable housing. And that's essentially what you're doing with
ordinances. Uh, and and Mr. Mr. Chair, I can go through all of them and then you can probably just do one uh recommendation as it relates to all the ordinances cuz I'm going to I'll tell you right now I'm finding I'm going to recommend that they all uh be found to be consistent with the master plan.
>> Yep. Please proceed. >> Okay. Uh so that's Stanley Terrace. U I'm going to be pulling up uh the next one which is an overlay zone. This is the Union A Avenue overlay zone. As I mentioned to you previously, u an overlay zone is is just that the base
zoning stays as is. This this property sits on Union Avenue and then you'll see 78 to the south of the site. Um this particular lot encompasses um approximately 2.9 acres. It will be zoned at 30 dwelling units per acre.
These are 30 multif family housing units per acre. Uh, and that would potentially achieve 87 units if it were all to be built out. There's no requirement that it does. It just gives an option as I said before. And then 17 um affordable housing units could be had with the the
required set aside. Um the ordinance that you have in front of you is is somewhat similar to um the other ordinances where it provides what the uh requirements are, permitted uses, accessory uses, um what the bulk requirements are and uh the requirement
that there would be if anybody were to develop under this um this particular zoning ordinance, they would have to provide an affordable housing set aside. So that is um the Union Avenue overlay district. Um, I'm going to go now to
this is Janette Lane, sorry, Janette Avenue. This is what I described as the um 100% affordable housing site. This will be 72 age restricted units. So, senior units will be located on this
parcel. I like as I said, I believe that the Union Union County owns this parcel. Um, and uh they will be developing. I believe we don't have we have some conceptual plans, but I don't think they're set in stone yet. But if you see here, there's a there's a um a parking lot. I think they're going to be
developing on the the existing impervious coverage um and trying to keep some of that um uh wooded area uh to remain as is. Uh again, this is 100% municipally sponsored project. It it allows for 100% senior affordable
housing and these ordinances uh are are formatted similarly. permitted uses, accessory uses, and then the bulk requirements uh for that. And then I as well as the other ordinance that I just mentioned, the overlay district, as well as this one. These are all specifically
called out in your housing, the amended housing element and fair share plan that you all just adopted, and I would make the recommendation that you would you could find it substantially consistent. And then the final ordinance is the Styson Avenue Overlay District. This is
in red. You'll see um the area along Styson Avenue corridor. Uh everything in red is is included in it. This is uh about 9.8 acres. Uh the proposed zoning is 35 units per acre allowing for mixed
use. Um so retail or commercial on the first floor and multif family housing apartments on the second and third floor. Um, if this were to be built out completely, you would you would potentially get 339 units, of which 67 would be affordable. Uh, again, there's
this is an option. It's not absolutely required. Uh, the base zoning remains as is, but it does give a developer andor um a property owner the option to build inclusionary housing on these parcels. Uh, and those are the four ordinances, Mr. Chair, that are uh before the the
the planning board. And again, um, the requirement is that the planning board, uh, uh, determine consistency with the master plan. And I would appine that, uh, you could find that these are all substantially consistent with the housing element and fair share plan,
which is part of your master plan. >> Stephen, another question. >> Thank you. Uh, questions from the board. >> Yeah. Um, the the, uh, property on Janet AB, is that county owned or is that the township that owns that property? you know, it came up on my GIS as as Union
County. Um, so I I and and it just shows as a as a uh it's owned by a government agency because it's taxed as a 15C, which is is a government agency. So, I'm not sure if it's it if the if the GIS information is absolutely correct, but
that's what it showed up as. >> Committee woman, that is a municipally owned parking lot. >> Thank you. >> Currently, yes. And then just for my clarification, um these are these are just prop these are pieces of land where we could
develop. We're we're not saying that we are going to absolutely develop these pieces of property. Correct. So the what you're doing tonight is you are creating the plan that allows for development to occur um on the 100% sites. The sites
that are on Janette and um Stanley Terrace municipally that's a municipally sponsored project meaning the town and the developer which is a nonprofit will work together to to develop that. Um the overlay zones are different. There's nothing that says that th that that will
be developed. Um it it is truly you your responsibility is to give a realistic opportunity for affordable housing to occur and through zoning that's what that's what you do. Um but there is nothing that says that uh they must absolutely be developed over the next 10 years. You're you're just given the
option. >> Okay. >> Thank you. >> You're welcome. >> Any further questions from the board? Mr. Cohan. So, uh, specifically related to the Janette Avenue plot, if I understand your your last answer, but if
the community determined that it wanted to build some other facility on that property for public use or for for the good of the community, this zoning change would not preclude that. Is that correct? >> It would it would preclude that. This
zoning change only allows for 100% affordable housing on that property. Okay. Thank you. >> Okay. >> Any further questions from the board? Questions from the public? Okay. Uh any further comments from the
board, comments from the public? Okay. Hearing none. Can Is the motion to concur with the amendments that would be deferred back to the township committee for final approval? >> Yeah, the the the specific motion would
be that you find that the four ordinances that the county committee referred to you are substantially consistent with the housing element fair share plan. >> Okay, wonderful. Can I get a motion? >> So moved. >> Moved by Mrs. Perkins. Is there a
second? >> Second. Seconded by Mr. Alexander. Roll call, please. >> Mr. Alexander. >> Yes. >> Mr. Cohen. >> Yes. >> Miss Natalie. >> Yes.
>> Mr. Frame. >> Yes. >> Mr. Miller. >> Yes. >> Miss. Perkins. >> Yes. >> Committ Florio. >> Abstain. >> Committeewoman Terrell. >> Abstain. >> M. Caleb. Yes, >> Chairman Le.
>> Yes. >> All right. Thank you very much, Kendra. >> Thank you. I'll line the uh the Zoom. Have a have a good night. >> You, too. Okay. The last item for new business uh is application 2025-9 ADM Investment Corporation. We have
received a correspondence dated today, February 26th, from the uh repres representative for the applicant, Mr. John Sullivan um agreeing to carry the matter to the uh April 23rd hearing date
without need for further notice. So, can I get a motion to carry uh the application to the April 23rd meeting with no further notice? >> So, move. >> Moved by Mr. Cohan. Is there a second?
>> Seconded by Miss Khaled. Uh roll call, please. Mr. Alexander, >> yes. >> Mr. Cohen, >> yes. >> Miss Natalie, >> yes. >> Mr. Frame, >> yes. >> Mr. Miller, >> yes. >> Miss Perkins, >> yes.
>> Committeeman Florio, >> yes. >> Committeewoman Terrell, >> yes. >> Mr. Calid, >> yes. >> Chairman Lei, >> yes. All right. With no further business, can I get a motion to adjurnn? >> So move. >> Moved by Mr. Cohen. Is there a second?
>> Seconded by Miss Khaled. All those in favor say I. I. >> I. All those opposed. Meeting adjourned. Thank you.