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Public Notice

TOWNSHIP OF DENVILLE
PUBLIC NOTICE OF "FAIRNESS HEARING" TO APPROVE
SETTLEMENT OF MOUNT LAUREL LITIGATION

PLEASE TAKE NOTICE
that a "Fairness Hearing" will be held on April 20, 2018 at 1:30 p.m. before the Honorable Maryann L. Nergaard, J.S.C., Superior Court of New Jersey, Law Division, at the Morris County Courthouse located at Washington & Court Streets, Room 17, Morristown, New Jersey 07963 to consider the proposed Settlement Agreement between (1) the Township of Denville ("Township") and Glenmont Commons Developers, LLC (“Glenmont Commons”), and (2) the Township and RAM Associates, LLC (“RAM”) in the Mount Laurel action entitled In the Matter of the Application of the Township of Denville, Docket No. MRS-L-1641-15. Through this judicial proceeding, the Court will evaluate whether the proposed Settlement Agreements are fair and reasonable to the region's very-low, low and moderate income households according to the principles set forth in Morris County Fair Housing Council v. Boonton Tp., 197 N.J. Super. 359 (Law Div.1984), aff'd o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Bor. of Fort Lee, 286 N.J. Super.311 (App. Div. 1996). 

Glenmont Commons is the owner of 13.52 acres of property located in the Township of Denville known and designated as Block 10002, Lot 3 on the Official Tax Map of Township of Denville, which is located off Casterline Road (the "Glenmont Commons Property"). In connection with the above referenced lawsuit, Glenmont Commons sought to construct an inclusionary residential development containing an affordable housing component on the Glenmont Commons Property. The Township and Glenmont Commons have resolved various substantive issues concerning the development of the Glenmont Commons Property, subject to all required public hearings. The terms of the settlement have been memorialized in a final Settlement Agreement executed on behalf of the Township and Glenmont Commons which is available for public inspection and copying during regular business hours at the Office of the Township Clerk, Township of Denville, 1 St. Mary’s Place, Denville, New Jersey 07834.

The terms of the settlement with Glenmont Commons include, but are not limited to, the following:

1.     The Glenmont Property will be developed with 65 non age-restricted, rental townhouse units, 55 of which will be market rate units and 10 of which will be affordable housing units (2 very-low-income units, 3 low-income units and 5 moderate-income units).  The bedroom distribution of the affordable housing units is as follows: 2 three bedroom units; 6 two bedroom units; and 2 one bedroom units.

2.         An affordable housing set-aside that is in excess of fifteen percent (15%) is being provided, a minimum of 10 credits can be applied against the Township's affordable housing obligation and the Township will likely be able to obtain 10 bonus rental credits against its affordable housing obligation based upon this development.

 RAM is the owner of approximately 41 acres of property located in the Township of Denville known and designated as Block 40203, Lot 1 and Block 40001, Lot 4 on the Official Tax Map of Township of Denville, which is located at 360 Franklin Avenue (the "RAM Property"). In connection with the above referenced lawsuit, RAM sought to construct an inclusionary residential development containing an affordable housing component on the RAM Property. The Township and RAM have resolved various substantive issues concerning the development of the RAM Property, subject to all required public hearings. The terms of the settlement have been memorialized in a final Settlement Agreement executed on behalf of the Township and RAM which is available for public inspection and copying during regular business hours at the Office of the Township Clerk, Township of Denville, 1 St. Mary’s Place, Denville, New Jersey 07834.

The terms of the settlement with RAM include, but are not limited to, the following:

1.     The RAM Property will be developed with 116 non age-restricted, ownership townhouse units, 92 of which will be market rate units and 24 of which will be affordable housing units (4 very-low-income units, 8 low-income units and 12 moderate-income units).  The bedroom distribution of the affordable housing units shall be in accordance with applicable standards which are as follows: no greater than twenty percent (20%) of the affordable housing units shall be one bedroom units, at least thirty percent (30%) shall be two bedroom units and at least twenty percent (20%) shall be three bedroom units.

2.         An affordable housing set-aside of twenty percent (20%) is being provided and a minimum of 24 credits can be applied against the Township's affordable housing obligation based upon this development.

Any interested party, including, without limitation, any very-low, low or moderate income person residing in the housing region, any organization representing the interests of very-low, low and moderate income persons, any owner of property in the Township, or any organization representing the interests of owners of property in the Township may file comments on, or objections to, the Settlement Agreements. Such comments or objections, together with copies of any supporting affidavits or other documents, must be filed in writing, on or before April 6, 2018.  In addition, any person wishing to be heard, whether or not a written objection has been filed, shall advise of that intention in writing on or before April 6, 2018. Failure to provide such written notice will preclude presentation of any evidence, oral presentation or argument.  Written responses by any of the parties to the comments or objections shall be filed on or before April 13, 2018. Such comments, objections and responses, together with copies of any supporting affidavits or other documents, must be filed in writing with the Honorable Maryann L. Nergaard, J.S.C. at the Morris County Courthouse located at Washington & Court Streets, Room 17, Morristown, New Jersey 07963 with copies of all papers being forwarded by mail or e-mail to:
Phil Caton, PP, AICP (Court Appointed Master)

Clarke Caton Hintz
100 Barrack Street
Trenton, New Jersey 08608
pcaton@cchnj.com

Kathryn Bowditch-Leon, Township Clerk
Township of Denville
Municipal Building
1 St. Mary’s Place
Denville, New Jersey 07834
kbowditch@denvillenj.org

 Edward J. Buzak, Esq.
The Buzak Law Group , LLC
150 River Road, Suite N-4
Montville, New Jersey 07045
ejbuzak@buzaklawgroup.com

Josh Bauers, Esq.
Fair Share Housing Center
510 Park Boulevard
Cherry Hill, New Jersey 08002
joshbauers@fairsharehousing.org

Derek Orth, Esq.
Inglesino, Webster, Wyciskala & Taylor, LLC
600 Parsippany Road, Suite 204
Parsippany, New Jersey 07054
dorth@iwt-law.com

 Brett E. Tanzman, Esq.
Wilf Law Firm, LLP
820 Morris Turnpike, Suite 201
Short Hills, New Jersey 07078
BrettT@wilf-law.com

Henry Kent-Smith, Esq.
Fox Rothschild, LLP
997 Lenox Drive - Building 3
Lawrenceville, New Jersey 08648
hkent-smith@foxrothschild.com

Richard J. Hoff, Jr., Esq.
Bisgaier Hoff
25 Chestnut Street, Suite 3
Haddonfield, New Jersey 08033
rhoff@bisgaierhoff.com

 Jeffrey Kantowitz, Esq.
Law Office of Abe Rappaport
195 Route 46 West, Suite 6
Totowa, New Jersey 07512
jeffrey.kantowitz@gmail.com

 

This Notice is intended to inform all interested parties of the existence of the Settlement Agreements and the possible consequences of Court approval of the Settlement Agreements. It does not indicate any view by the Court as to the merits of the above referenced Mount Laurel action, the fairness, reasonableness, or adequacy of the settlements, or whether the Court will approve the settlements.

Dated: February 23, 2018                                          
/s/ Kathryn Bowditch-Leon    ____   
Kathryn Bowditch-Leon,
Township Clerk