Planning Board - Regular Meeting

Testing one, two, three. Testing. Call this meeting of the Compton Lakes Planning Board to order. Formal written advanced notice is required by NJSA 10:4-1 SEC has been provided of this meeting at least 48 hours in advance of today given the time, date, location to the extent note of time, the agenda of the meeting. Such notice stated that formal action may or may not be taken. The notice was one posted on the bulletin board outside of the offices of the municipal clerk reserved for this and other similar announcements. Two provided to the suburban trends the newspaper designated by the borrow council to receive such notices and three filed with the borrow clerk. Please stand for pledge of allegiance.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. Okay. Roll call, please. Yes. Mr. Simone, here. Mr. Otto, here. Mr. Tro, here. Dr. Pendexter here. Mr. Bobby, here. Mr. Keading here. Mr. Bootsma is not here. Mayor is here. Mr. Santers here. And Mr. Foster here. Thank you. We have Mr. Brewer here.

Thank you, gentlemen. Uh we're tonight going to have a discussion on the housing element fair housing plan. Our attorney will give us a very quick update and then we'll talk to well listen actually to Sam um describe all of the items in the agenda item that's listed here. So thank you. Actually, it's going to be a hearing on an amendment to the master plan uh which is uh really the adoption of the housing element fair share plan which is essentially the settlement which was reached with fair share for the fourth round affordable housing obligation. Um so that's the first one on the agenda. The second one is um the governing body has in in order to implement the fair the u fair share plan um and you know the housing element fair share plan which is the amendment to the master plan um you have to put in place zoning uh to allow for that affordable housing and one of them the governing body pursuant to the local redevelopment and housing law directed you to prepare an amendment to the lidal essentially the vital u redevelopment plan to allow for affordable housing on that property. Um so son has prepar MVA has prepared um that the ordinance amending that plan to that effect. Um and what you'll be asked to do to that is simply say we agree and we have now prepared a draft for the governing body and we'd like to send it to the governing body for their consideration. The third thing is there is one more ordinance that she will discuss. Um again it was it is to implement um and effectuate the um the the the settlement with fair share housing to allow for the affordable housing. It was passed on first reading by the governing body and it's come to you for a consistency review. Uh Miss Siobhan will speak about whether or not that is consistent with the master plan. Um and at the end I will ask you to vote on uh finding it consistent with the master plan and sending it back to the governing body so it can be adopted on

second reading. So those are the three things that are going to happen. If I can swear in Miss Siobhan and she can testify about the uh housing element. Please raise your right hand, state your name and spell you last. Oh my name is Senita S A N Y O Gi Ta. My last name is Chavan C H A B A N. and I work with H2M architects. Do you swear or affirm that the testimony you'll give this evening before this board will be the truth, the whole truth, nothing but the truth. So, help God. Yes, I do. May be seated. Please explain the changes to the master plan that they proposed.

So, uh good evening everyone and thank you for uh coming this evening. Um if you recall we had adopted an uh fourth round affordable housing plan in June and this uh plan is a very minor amendment but uh we have to go through this process of presenting to the planning board for you uh board members to adopt. So um that's why here tonight. Um just a uh a brief background uh this fourth round amended legislation has been around for almost 2 years now. Um and it established a framework. Um required um examining up our uh prior on compliance uh provided uh us with numbers uh our obligation which um in January of last year we presented it to the court um and settled on a number which hasn't changed. Um and uh what also happened was that uh this new amended affordable housing legislation assigned uh the duties to the department of community affairs. In the past we had COA, we don't have that anymore. And then um we had to prepare a plan before uh June. And um we also what they uh did uh was amend the fair housing regulations in December which was more the procedural part of it and also amended uniform housing affordability controls. So these are basically procedural part of affordable housing. So um so we here um you with a plan that is in compliance with all of that. Um just to give you a reminder. So last

year we had to uh adopt the deadline was um June uh uh June 30th we adopted the plan on June uh 18th. Um what the legislation that I just mentioned to you um allow allowed is they gave around 60 days for people to contest or challenge our plans. We did not have um any major developers challenging but fresher housing center um challenged almost 400 municipalities who took a vac adjustment and we were one of them. Um we negotiated with them from in October, November, December and finally reached a settlement agreement and um uh based on that uh we're amending the plan as as was required in the settlement agreement which we reached on December 17, 2025, but it finally got executed a little over a month ago. So it's been a very compact process for all of us here in New Jersey. So what's your role? Um so the way the statute of um requires is we adopt the amended plan adopt all the ordinance that are affect effectuating the plan uh on or before March 15th which is why there is this rush uh for all of us and your role as the planning board um is to adopt the amended housing plan element and fair share plan which is a part of the master plan as uh Mr. Brewer mentioned the next step would be you know when when you adopt a master plan your regular master plans the governing body really has no role except if they want to adopt the zoning ordinances to effectuate your land use plan. However, with the housing element and fair share plan, the next step would be for the governing body to endorse the

housing plan element and then adopt all the supporting ordinances, one of which was introduced um on February 11th, which will be doing a consistency review. So, uh please if I'm going too fast, uh let me know. I can slow down. So, um so here we are. Um and bear with me for a second. So just a reminder uh any kind of affordable housing obligation this was the obligation that we negotiated finalized with and uh it's cons uh consists of two parts uh one is what they call as a present need or a rehabilitation obligation which is basically estimating existing deficient housing currently occupied by low and moderate um and a prospective need is what would be your obligation ation from 2025 until 2035 because we have 10-year obligations and um you know as for the settlement agreement what um if you you as you know we have a senior housing uh veterans housing through Pay County um as per uh the settlement agreement uh fair share um asked us to satisfy a portion and it's a total of 65 units so we are assigning 40 units uh to be a part of that and then another thing is um what's uh the prospective obligation which was of 105 um what if I don't know if you remember from June but what I mentioned back then was that when it's a fully developed town such as Hton Lakes the statutes allows us to take what they call as vacant land adjustment wherein we see if there are any vacant parcels that can be um suitable for development and that

have what they call as an realistic development potential or RDP. Um we did a thorough analysis it's included here in in appendix B which is just what we did last uh 6 months ago 8 months ago. Um and at that time we found that obviously you know your town there is no vacant land available. So there was an RDP of zero that we established. What that what that truly means is um okay uh New Jersey courts or a fair share of COA um we understand our obligation is 105 but we don't have the land. So you know when you um delete the zero what you get is what they call as unmet need. So that um obligation is there but you have to just have some mechanisms in place to address it. Um what the new regs did was to address it through uh 25% of it through um uh zoning and reszoning. And what we basically uh did uh was based on a conversation with fair share during our negotiating process. It in the past we had identified the tilcon quarry site which has been reszoned and was a part of our third round saying okay we recognize that in our third round plan and we want to continue doing that. Now um pressure pushed back and said no uh look at other mechanisms it's unacceptable. So as a part of our settlement what we identified were our DRA1 and DRA2 sites and it's there written in the plan um towards the end we identified certain um portion of that

uh two or three sites that are above 20,000 saying okay if we increase the uh set aside from 10% to 20 how many units can we yield? So what that really did did if you look at this um uh table our obligation was 367 we ended up getting 394 units and 27 surplus credits and it the way the math worked that is actually 25% of the unmet need that we are supposed to satisfy and that's how we are satisfying and it everything was written in the settlement agreement ment which are included within um within this plan as appendex A and um you know we're basically modifying as to what we settled in December and that's pretty much a summary of um this so uh I'm at the end of my presentation so thank you everybody

and the actual amendment to the master plan was um sent via email to anybody who wanted it correct yes you all had copy that. And just for the new members, if you're not aware, when she was talking about that met need, we do have a fund that we collect that goes in that building department overseas that we can identify homes that are in need of repair that would fit the criteria and those that's where that funding money would go to be spent on those homes. We haven't really used a lot of it yet, but we are building a surplus of plan and that's where you have that 45.

That is correct. So what we have we you know we have been doing a lot of like the senior housing this that and the other we have a administrative agent who uses the affordable trust fund monies to rehabilitate. So we're pretty much satisfying everything that is required as per the um the state rents. Does anyone have questions so far? No. Open to the public. I'm sorry. Open to the public.

Okay. Nobody else has. Okay. Uh, open meeting for public comments on this particular issue for the uh, fair share plan. Anyone from the public wish to speak on that? And seeing none, I'm going to close the public session. And we have a resolution to consider. So resolution adopting housing fair share plan and amending master plan for the burrow of pmpton lakes. So I need a motion and a second. Motion. Motion by Mr. Trrost. Second it. Second by Mr. Keing. Any questions, discussion, comments? Roll call, please. Yes. Mr. Simone.

Yes. Mr. Otto. Yes, Mr. Trost. Yes, Dr. Pendster. Yes, Mr. Baldby. Yes, Mr. Keading. Yes, Mr. Boots here. Mayor Sarah, yes. And Councilman Sant. Yes, thank you. Next item we have, part two.

Yeah, part two. Exactly. This is um the governing body. So you know typically um uh zoning ordinances or land use regulations come they get adopted by the governing body come to you for consistency review with the master plan then go back to the governing body and that will be the third item. But the second item we're doing is certain situ if the area is in a redevelopment area and there's a redevelopment plan that can be short that can be shortened by the governing body directing the planning board to actually prepare the draft ordinance. then it doesn't have to come back to you for consistency review. So the governing body did direct you to prepare um an ordinance um that would affect the lidal plan to effectuate the potential to have affordable housing on above the lidal property. Um and Miss Siobhan has prepared that that's also been provided to you. She'll discuss whether or not there her opinion is consistent with the master plan which you just passed.

So thank you uh Mr. Brewer. So uh we are amending the Lidal plan to actually provide affordable housing on the second and third uh floor and um what we are proposing is the ordinance has a maximum of 140 units 20% of which would be uh affordable and this again is consistent with with our housing element fair share plan and will effectuate that. So, it's my opinion as a precussion panel that it's consistent with master plan. Okay, good. Any questions from the board members?

Just want to remind everybody because this is being televised. Doesn't mean they're building this. It just means this is an acceptable place to be built. Right. Correct. I know you guys will know that, but the public sometimes does that. Right. We have to provide we have to provide mechanisms in place and this is one. Thank you, Mr. Mayor. Um, so, so that's that's one.

Okay. And in the first paragraph, it says right there that the council has directed the planning board to prepare this. So, that's what we're doing. Um, I'll open this meeting to the public. Any com anyone from the public wish to comment or have any questions? Seeing none, close the public session. Uh looking for a motion and a second for resolution PB02 approving draft amendment to chapter 190 article 14A block 100 lot 8 redevelopment plan. Motion second. Second Mr. Got it. Okay. Any questions on what we're approving?

Okay. So let's have a roll call vote on that. Yes, he can be allowed to vote now. Mr. Bootman, I bet he didn't hear this. So, he can't vote on this. He cannot vote on this, but you but you can make a note in the minutes. He is now present. So, okay. He wish he can find the last one. All right. Uh, Mr. Simone, yes. Mr. Otto, yes. Mr. Trost, yes. Dr. Pendster, yes. Mr. Bob, yes. Mr. Keading, yes. Uh, Mayor Sarah, yes. Uh, Councilman Scottanders, yes. And Mr. Foster, yes. Okay. Thank you.

Now, for the third item, on February 11th, I believe, um, the governing body adopted an ordinance on first reading. What? Introduced.

Introduced I introduced a um an ordinance on first reading. Uh, again, uh, I think you'll recognize the Monontlair Avenue property in that area. um u that would also implement the the terms of the master plan amendment which you adopted. So that has been referenced. She'll reference the actual has an ordinance number, but that um your review here would again u Miss Siobhan will testify about that uh and its consistency or not with the master plan. And I'd ask at the end you consider a motion to find it uh consistent with the master plan if you so agree. But we'll listen now. That's what this is. So, the burough council introduced ordinance 2605 on February 11th, uh, which will create an overlay on a property on Montlair Avenue identified as block 1800, logs 13.01 and 13.02. Um a reminder as for the MLUL uh a planning board's role in this case's advisory and thus pursuant to uh NJSA4 col55D-26 uh the board is required to review the ordinance for consistency with the master plan. Um we just adopted an affordable housing uh and fair share plan and as I had mentioned that we have a deadline of March um 15th to adopt all the enabling ordinances. This is one of them. Um so this uh ordinance will uh help uh satisfy the burough's constitutional requirement of providing uh affordable housing units and it will essentially effectuate the same by providing opportunities and again uh the proposed ordinance is of course consistent with the uh master plan but again to reiterate what um uh Mr. Mayor

said that uh this is we are required to have mechanisms in place. It doesn't mean you know it we have to provide opportunities. So um this is it.

Thank you. Okay. So part three we have um advisory role. We are going to be doing master plan anyway this year. So uh in this case I'm just going to open this up to the public. see if anybody the public wants to comment or have any questions. Seeing none, close the public session. This would be ask the board to consider. I'll formulate it. A motion to find that um ordinance 26-05 is not inconsistent with the master plan and recommending that the governing body adopt it without any change. Not inconsistent. I love it.

That is how it's worded. I hate saying that. My English teacher from eighth grade will probably hate it, but yes, that's how it's worked. Okay. Does everyone understand what we're doing then? And if so, a motion, please. I'll make a motion. Are you done? Okay, Bill. I'll second. Uh, Mr. Otto. Okay. Any questions on what we're approving at this time? Everybody understands the process? And if that's the case, then we'll take a roll call vote again, please. Sure. Mr. Simone, yes. Mr. Otto, yes. Mr. Tro, yes. Dr. Pendster, yes. Mr. Bulby, yes. Mr. Keading, yes. Mr. Bootsma, yes. Mayor Sarah,

yes. Councilman Santers, yes. Okay. Thank you. Okay. Thank you everyone. So, right now we have everything approved that we need to do. The council can take an action that they need to take. Uh, when will that be, Mike? Tomorrow. Okay. So, tomorrow's meeting will be for that. Good and then we'll be compliant in every which way? Yes, we will. Thank you, Sam. Thank you. Any other questions by any members of the board on anything? Yeah. Yes, sir. Hypothetically. Hypothetically,

let's say it's 2035 or whenever the next 10 years, whatever. Um, are there other properties that let's say we had to make the same obligation uh in 10 years? Are there other properties around town that theoretically potentially that they Okay. I mean, theoretically you could go above any building that's in in the ground right now. Oh, okay. Okay. You know the and son would have a better answer. When do you reach a point where you're saturated where you can't? You say no, you can't.

So, I I' I'd like to answer that. First off, um uh you know, just because you have um any buildings that you can go about, that's not as you know, as as the board, that's not the only criteria. You have to look at parking, you have to look at impact on storm water. So, anything that is um counterproductive to good planning, nobody can force us to do it. So um what one thing I do want to uh point out to you is um the fact that we have a compliant plan is also it provides us with protection from a builder's remedy lawsuit of people coming in and trying to take control of our uh zoning. So um we were fortunate you know the prior round we um implemented all these mechanisms which helped us in this round. So, you know, that that's it.

And the important thing to note, as mayor said earlier, none of that none of this that we did tonight, nor what the council is going to do tomorrow night authorizes any project. There's no project on the books for these. This is an allowance for what could be. And if there should be uh an application, it will go before the appropriate boards including this board and the redevelopment agency whichever happens to be the uh way they go with the application. So this is only to uh complete our compliance. it does not approve any projects

and it's it's very important to be compliant because that way we continue to have control with our z um with our zoning and we this um it's not just lakes all municipalities in New Jersey are mandated to have an affordable housing uh plan and that protects us from any developer coming in and trying to take control of our zoning. And I just want to add, I want to thank our planner and our attorney because the time frames they put on this were very tight, you know, and we're a small little town, national large town trying to deal with this in this short amount of time. It's not easy. Um, so we really had to make things with their help make things move quickly to make it all happen. Thank you. And thank you. Thank you very much. Good night.

Okay. Anything else from the members of the board? No. Anyone from the public wish to comment on anything in general? Seeing none, I guess we're good for a motion to adjurnn. Motion. No. Second. You you actually agree with that? I do. All right. We have a motion in a second. All in favor? Any opposed? We are adjourned. Thank you all for coming on such short notice. Thank you to the zoning board for sharing.