State of New Jersey Council on Affordable Housing 101 SOUTH BROAD STREET PO BOX 813 TRENTON NJ (609) (609) (FAX)

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1 State of New Jersey Council on Affordable Housing 101 SOUTH BROAD STREET PO BOX 813 TRENTON NJ (609) (609) (FAX) CHRIS CHRISTIE Governor KIM GUADAGNO Lt. Governor LORI GRIFA Commissioner SEAN THOMPSON Acting Executive Director COUNCIL ON AFFORDABLE HOUSING JUNE 9, 2010 MEETING THREE HUNDRED FIFTY FIVE MEMBERS PRESENT: OTHERS PRESENT: Lori Grifa, chair Marge DellaVecchia, member Timothy Doherty, member Albert Ellis, member Theodore King, member (telephone) Suzanne Walters, member John Winterstella, member Sean Thompson, acting executive director Gina Fischetti, Esq., COAH, deputy counsel George Cohen, Deputy Attorney General (DAG) Geraldine Callahan, DAG David Reiner, Esq., governor s office Renee Reiss, council secretary Pam Weintraub, COAH planner Keith Henderson, COAH director of planning Stacey Smith Bohn, COAH planner Matthew Rudd, Esq., COAH Maria Connolly, COAH planner Kate Butler, COAH planner Joanne Wiggins, COAH supervising planner Dan Burton, COAH planner Ramond Joseph, COAH planner Alice D Arcy, COAH planner Judith Adams, COAH planner Dennis Funaro, COAH, supervising planner Ken Bedzyinski, Esq., representing Marlboro Township Victoria Britton, Esq., representing Princeton Township New Jersey Is An Equal Opportunity Employer Printed on Recycled Paper and Recyclable

2 OTHERS PRESENT CONT D: Joseph Giorgio, Township of Hanover Holy Schepisi, Esq., attorney for River Vale Kate Muscalino, Esq., Porzio Law Firm, Petti Motion, Hanover Robert E. Rue, Esq., Haddonfield Borough Mike McQueeny, Fair Share Housing Center (FSHC) Thomas Daniel McCloskey, Esq., Fox Rothschild, LLP Frank Accisano, Esq., representing Statler Family Jeffrey Kantowitz, Esq., Day Pitney, representing Martins, Newton Michael Weitz, OHAD Associates, LLC Rob Quelch, Governor s office Henry Kent Smith, Esq., Fox Rothchild, represent Weitz Entities Antimo Del Vecchio, Esq., attorney for Henry Bonnabel Krista Morici, Marlton Richard Hoff, Esq., Bisgaier Hoff, representing Estaugh Commons Blais Brandeau, Hanover Township Brian Brotman, Esq., FSHC Michael Keating, Esq., FSHC

3 Pledge of Allegiance. Sunshine Statement: The Sunshine Act Statement was read by Lori Grifa, Chair, as follows: This is to advise the general public and to instruct that it be recorded in the Minutes, that in compliance with Chapter 231 of the Open Public Meetings Act, the Council on Affordable Housing (COAH) on June 2, 2010 provided to the Secretary of State, The Star Ledger, The Courier Post, The Asbury Park Press and The Times, notice of the time, place and date of the meeting. Public Comment: Holly Schepisi, Esq., representing River Vale, Antimo Del Vecchio, Esq., representing Henry Bonnabel, Robert Rue, Esq., representing John Micholson, Haddonfield and Rick Hoff, Esq., representing Estaugh Commons in Haddonfield, addressed the COAH Board. Approval of Minutes: May 13, 2010 COAH voted to approve these Minutes. Moved by John Winterstella and seconded by Albert Ellis 1. Motions on the Papers: a. Motion of Objectors Kenneth and Alice Martin for an Order Settling Deadline for Re Petition of Substantive Certification and Cross Motion of Objector, Crossroads Companies LLC Town of Newton/Sussex County Matthew H. Rudd Esq., presented motions raised by objectors in mediation seeking to compel the Town to Re Petition by a date certain, and in the alternative seeking sanctions. A task force convened on May 26, 2010 to review the waiver request and recommended that a July 15, 2010 deadline be imposed for Newton to re petition COAH for third round substantive certification. If the town does not comply by July 15, 2010, an Order to Show Cause shall immediately be issued by COAH directing the Town to appear before COAH and show cause why they should not terminate the benefits of COAH s jurisdiction. COAH voted to accept the task force recommendation and imposed a July 15, 2010 deadline for Newton Town to re petition. Moved by Marge Della Vecchia an seconded by John Winterstella b. Renewed Request for Inclusion with the Borough of Haddonfield s Compliance Plan Estaugh Commons Haddonfield Borough/Camden County, Matthew H. Rudd Esq., presented a motion by Richard Hoff, Esq., on behalf of Estaugh Commons. The motion is based on prior denial without prejudice requesting inclusion in the Borough s Fair Share Plan subsequent to the grant of third round

4 substantive certification. A task force convened on May 26, 2010 to review the motion and recommended that the motion be denied. COAH finds that it does not have jurisdiction to overturn the decision of the Haddonfield Zoning Board of Adjustment s denial of Estaugh Commons variance request for its site. COAH voted to accept the task force recommendation to deny the motion. Moved by Suzanne Walters and seconded by John Winterstella c. Motion from Scarce Resource Restraint Imposed in the Highlands Randolph Township/Morris County, Aspen Drive, LLC, Matthew H. Rudd Esq., presented Aspen Drive, LLC s, motion requesting a waiver of COAH s November 12, 2008 Scarce Resource Restraint on Highlands municipalities so that it may construct a warehouse and office space in an Industrial District Zone. A COAH task force convened on May 26, 2010 to review the waiver and recommended granting Aspen Drive a waiver from the Scarce Resource Restraint. COAH voted to accept the task force recommendation to grant the waiver. Moved by John Winterstella and seconded by Marge Della Vecchia d. Motion from Scarce Resource Restraint Imposed in the Highlands as applied to Block 2201, Lots 7 and 7.01 Hanover Township/Morris County Pasquale Petti, Matthew H. Rudd Esq., presented a motion by developer Pasquale Petti, requesting a waiver of COAH s November 12, 2008 Scarce Resource Restraint on Highlands municipalities for the development of a four house cul de sac in a Residential Zone. A COAH task force convened on May 26, 2010 to review the waiver request and recommended granting Petti a waiver from the Highlands Scarce Resource Restraint. COAH voted to accept the task force recommendation to grant the waiver. Moved by John Winterstella and seconded by Marge Della Vecchia 2. Oral Argument: a. Motion for an Extension of Time to Re Petition: Marlboro Township/Monmouth County: Kenneth Biedzynski, Esq., representing Marlboro Township; Ronald Shimanowitz, Esq., representing American Properties; Henry Kent Smith, Esq, representing Weitz Entities, and Frank Accisiano, Esq., representing

5 the Statler Family; and Brian Brotman, Esq., representing Fair Share Housing Center, appeared for oral argument regarding whether the Council should grant Marlboro Township an additional 90 days from April 30, 2010, to re petition pursuant to N.J.A.C. 5: COAH voted to refer this matter to a task force. Moved by John Winterstella and seconded by Timothy Doherty b. Motion on Behalf of American Properties at Marlboro, LLC Seeking Accelerated Denial of Marlboro s Pending Petition for Substantive Certification: Marlboro Township/Monmouth County: Ronald Shimanowitz, Esq., representing American Properties; Frank Accisiano, Esq., representing the Statler Family; and Kenneth Biedzynski, Esq., representing Marlboro Township appeared for oral argument regarding American Properties motion as to whether the Council should deny Marlboro Township s petition for third round substantive certification and dismiss the Township from its jurisdiction. COAH voted to refer this matter to a task force. Moved by John Winterstella and seconded by Theodore King. 3. Motion Decision(s): Waiver from Requirements of N.J.A.C. 5:97 6.7(d)5 to Receive One 45 and One 60 day Extension for Submission of Documents Required within 45 days of Township s March 2010 Certification Township of River Vale/Bergen County. Kate Butler, COAH Planner, presented the task force s recommendation regarding River Vale s waiver request. COAH voted to accept the task force recommendation to grant the municipality an extension to June 3, 2010 and accept the submissions received by the Township. COAH also stated that it would memorialize its decision in writing at a future meeting. Moved by John Winterstella and seconded by Suzanne Walters 4. Adoption of 2010 Income Limits: Keith Henderson presented the 2010 income limits which shows an average of 1.02 percent increase from the income limits released in The limits are based on the United States Department of Housing and Urban Development s (HUD) Section 8 income limits for the

6 state s six housing regions, which are defined by COAH. COAH voted to adopt the 2010 Regional Income Limits. Moved by Theodore King and seconded by Timothy Doherty 5. Order to Show Cause: Chatham Borough/Morris County: Dan Burton, Senior Planner presented the Council an Order to Show Cause (OTSC) for Chatham Borough compelling the Borough to show cause why COAH s dismissal of the Borough s petition for third round substantive certification should not take place. COAH adopted the OTSC which orders Chatham Borough, through its representatives, to appear before COAH on July 14, Moved by Marge Della Vecchia and seconded by Albert Ellis 6. Mediation Report: Winslow Township/Camden County: Gina Fischetti, Esq., COAH Mediator, presented the Winslow Township mediation report which shows that Taylor Woods and Winslow entered into an executed agreement on March 31, COAH voted to accept the mediation report. Moved by Albert Ellis and seconded by Timothy Doherty Delegations of Authority: Sean Thompson, Acting Executive Director, presented the following approvals: Development Fee Ordinance: Union Township/Union County and Fairview Borough/Bergen County. Development Fee Ordinance Amendment: Gloucester Township/Camden County: and Spending Plans: Franklin Lakes Borough / Bergen County; Clifton City / Passaic County; and Franklin Township/Somerset County.

7 Other Business: Joseph Giorgio, Business Administrator of Hanover Township, submitted a letter requesting that COAH grant them a one month extension, from the June 8, 2010 deadline, to submit a petition for third round substantive certification. Blais Blancheau, planner of Hanover Township, requested an extension on the collection and spending of monies from Hannover s Affordable Housing Trust Fund. Commissioner Grifa advised the parties that COAH acknowledges receipt of their oral requests, but COAH does not have authorization to make decisions on oral requests. Ms. Grifa requested Hanover to file a motion that would be address in July. Hanover was also advised that while they do not have protection from COAH, they cannot collect or spend funds from their Affordable Housing Trust Fund. COAH did not deny this request, they made no response. There being no further business to discuss, the public meeting of the Council on Affordable Housing adjourned at 11:30 a.m. Moved by Theodore King and seconded by Marge Della Vecchia I, Renee Reiss, DO HEREBY CERTIFY, that the foregoing is a true, and correct copy of the Minutes of the June 9, 2010 Public Session of the Council on Affordable Housing. Renee Reiss, Council Secretary