BRIELLE — The Brielle Council voted to endorse the borough’s third and fourth round Housing Element and Fair Share Plan at its June 9 council meeting.
The plan has a “realistic development potential” (RDP) of 24 units or credits and an unmet need of 395 units or credits. For round four, the borough’s plan must include 24 units or credits of affordable housing.
The locations of the approved plan are 636 Borrie Ave., the municipal building lot at 601 Union Lane, 628 Higgins Ave. (M&D Two LLC site) and Rathjen Road (Mumford site, see related story page 19).
The landmark Mount Laurel I New Jersey Supreme Court ruling in 1975 declared that all municipalities in New Jersey must provide their fair share of affordable housing.
Resident David Eareckson said, “The housing element that is being considered for endorsement by the council tonight states that we are not immune to builder’s remedy lawsuits, as we have three individual lawsuits that were filed in the third round. However, the complaint for declaratory relief filed on our behalf in January of this year states that the borough continues to have immunity from all exclusionary zoning litigation related to its affordable housing obligation as established under the program.”
Eareckson continued, “I am concerned that this will confuse our case for the judges. Is the complaint filed on our behalf going to be amended to be in conformance with the document that is considered for endorsement tonight?”
The borough’s Mount Laurel attorney, Jeffrey Surenian, said, “No, it will not be amended. Let me clarify for you. The three lawsuits were filed before we filed our plan with the program and got immunity. Of course, we are going to have to sort out how the three lawsuits square with the fact that we have immunity statutorily by virtue of the fact that we filed the declaratory relief in January.”
Surenian said, “The courts haven’t sorted out how they are dealing with lawsuits that were filed before they filed their plan versus after. What is clear is that the town that filed a declaratory judgment action in January of this year has immunity.”
Previously, the Brielle Planning Board approved its third and fourth round Housing Element and Fair Share Plan at its May 13 meeting, but in order to be fully approved, the council had to endorse the plan.
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