BRIELLE — In a first for the town, Brielle’s council and planning board held a joint meeting on Wednesday, March 26, presenting to the public the borough’s proposed Housing Element and Fair Share Plan (HEFSP).
The HEFSP is required under the state Fair Share Housing Act. Borough Planner Kendra Lelie, of Hopewell-based planning firm Kyle + McManus Associates, presented the plan, which proposes that the borough use potential projects — some stemming from three builder’s remedy suits against Brielle — to fulfill its realistic development potential (RDP) of 24 affordable units.
The landmark Mount Laurel I court ruling in 1975 declared that all municipalities in New Jersey must provide their fair share of affordable housing, according to the Fair Share Housing website. The lawsuit stemmed from Mount Laurel’s zoning committee blocking an appeal for low-income African-Americans to buy and build in that municipality.
Properties eyed to include some affordable-housing components are located along Higgins Avenue, Rathjen Road and Borrie Avenue.
No official action was taken at Wednesday’s meeting, but the public was permitted to ask questions about the plan following Lelie’s presentation. Prior to the meeting’s beginning, Mayor Frank Garruzzo removed himself and recused himself from further action on the subject because, as he said, “My son-in-law is employed by the firm that serves as an engineering firm of one of the participants in the Fair Share Housing Plan.”
Lelie explained that her job is to “balance the need for affordable housing that we know is coming from the state, but also looking at how we do that in such a way that it respects the community character…We look at locations of potential projects and zoning to fit into the community character, but also take advantage of existing infrastructure.”
“There is an adjustment that the regulations allow for a town like Brielle…(which doesn’t) have enough vacant land to support obligations,” she said. “We do what’s known as a vacant land adjustment — we look through what really is vacant, what parcels are vacant that can support an inclusionary development.”
Through this vacant land adjustment, Brielle can prove that it lacks sufficient land to provide obligated affordable housing, resulting in a much lower obligation number, the RDP. The difference between the borough’s Fair Share obligation and its RDP is referred to as its “unmet need.”
“The law allows us to take what are known as ‘bonus credits,’” said Lelie. “We are running by third-round rules. We get bonus credits one-for-one, meaning you provide one rental unit and you get a bonus credit for that. There’s actually 18 true units that are being proposed, and then we’re taking advantage of six bonus credits.”
The first part of the proposed RDP obligation would be filled by three affordable units and three bonus credits of a 20-unit townhouse development at the 1.33 acre property at 628 Higgins Ave., formerly the site of beer, wine and liquor store Grieco Beverages. This property is associated with a builder’s remedy suit by M&D Two LLC, whose application to build a 22-unit townhouse development on the site was denied in February 2022.
The second part of the proposed RDP obligation would be filled by two for-sale affordable units and two special needs units with six to seven bedrooms (each garnering one credit) of a 25-unit townhouse development at the 6.7 acre property at 704-708 Rathjen Road. This property is associated with a builder’s remedy suit by Roger Mumford Homes at Brielle, which applied to the board for the approval of a plan that would provide for the construction of 12 single-family homes.
The third part of the proposed RDP obligation would be filled by a five- or six-unit 100% affordable housing development and three bonus credits of a development at the borough-owned 0.34 acre parcel at 636 and 638 Borrie Ave.
The fourth and final part of the proposed RDP obligation would be filled through at least two affordable units in the Higgins Avenue Redevelopment Area, which encompasses a half-mile area of Higgins Avenue from Ashley Avenue to Route 35, including the former Whiskey Lounge site, currently associated with a builder’s remedy suit by Hightide Brielle LLC. Hightide sued after the borough allegedly did not respond to a request for the rezoning of the property to permit its proposal for an inclusionary residential development.
These four components would provide for 18 affordable units and six bonus credits, fulfilling the current RDP obligation. “Technically, you need a Housing Element and Fair Share Plan in order to have legitimate zoning,” Lelie said.
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