EXPLAINING THE SITUATION – Township attorney Lou Rainone explains to an objector why the Council cannot delay approval of five affordable housing-related ordinances at the February 10 meeting. The Township Council on February 10 approved on second reading five ordinances relating to its affordable housing plan, but not without a speed bump. The five ordinances were: 4489-26, which creates inclusionary zone MFIZ-4 and provides for the construction of a 260-unit apartment building at 315 Davidson Avenue, with 130 units set aside for affordable housing. 4490-26, which creates inclusionary zone MFIZ-2 and provides for the conversion of a 5-story office building into a 200-unit apartment building, 100 of which will be affordable housing. 4491-26, which creates inclusionary zone MFIZ-1 and provides for the conversion of an extended stay hotel at 260 Davidson Avenue into 142 1-, 2-, and 3-bedroom units, all of which will be affordable housing. 4492-26, which creates inclusionary zone MFIZ-5 and provides for the construction of apartment buildings, 20 percent of which will be affordable housing. 4493-26, which designates 606-610 Franklin Boulevard as an “Area in Need of Redevelopment,” and provides for its redevelopment into 120 units of affordable senior housing. The objection was to the first ordinance, creating inclusionary zone MFIZ-4, affecting Davidson Avenue property. Andrew Anselmi, an attorney representing the Palace at Somerset Park on Davidson Avenue, told the Council that his client would like at least two weeks to hire professionals to study the ordinance and its potential affect on their property. "Our client only recently received notice of the proposed ordinance," he said. "I believe it was approximately two weeks ago, on or around the 23rd, and only retained us yesterday to represent them with respect to their review and possible comment on the proposed ordinance." "A cursory review of the proposed ordinance and the Council's agenda for tonight's meeting indicate that the proposals, in our view, need the review of at least a professional planner and possibly other professionals for the client to fully understand and appreciate the impact of the proposed ordinance on the client's property and the surrounding properties," he said. "And I would say this would apply to the relationship between this ordinance and the three that follow as well, which address the same subject on different lots." "Upon first review, it appears that the properties which are the subject of the proposed ordinance are primarily surrounded by other non-residential commercial uses," Anselmi said. "This raises the question of whether multifamily residential development is an appropriate use in this location for the subject properties." "We understand that the township has significant residential development and it appears from their review, certainly not precise, it is possible that some of the undeveloped property adjacent or proximate to those residential developments may be more appropriate for multifamily residential development," he said. "Certainly, there may be other issues and questions which could be raised after a thorough review by a professional planner or expert in light of their professional expertise." Anselmi asked that the Council suspend voting on the ordinances for two weeks "to allow our client to retain appropriate professionals to properly inform them of the property of this particular location, the propriety of this particular location, and the impact on the client's property." Township Attorney Lou Rainone quickly put that notion to rest. Basically, Rainone said that the ordinances are the result of months of work and negotiation, and a judge's final order, requiring the Council to approve them. "These rezoning ordinances that you see here tonight are actually part of a housing element repair share plan that was originally adopted by the Planning Board on May 29, 2025," he said. "They are part and parcel of the township's affordable housing fourth plan obligation." Rainone said that the time to object to the plans had "long since passed." "The township filed, went through a contested process in which there were objectors," he said. "All of this was done, by the way, very publicly. We reached a number, and as a result of reaching that number, we then had to adopt a plan, which the Planning Board filed at the end of June of 2025." "There was then a 30- or 60-day period for people to file objections," he said. "In fact, there were a number of objections that were filed, so there were objectors who had planners who reviewed this plan. There was the affordable housing program, which appointed a special adjudicator, who is a planner, to review this plan. The plan was reviewed by Fair Share Housing Center, which is, as we all know, the preeminent advocate for affordable housing in the state, and has been criticized by the Supreme Court on a number of occasions, reviewed by them, and the subject of a settlement agreement that the Township has already agreed to." "It has now been reduced to a decision by the program, which has been confirmed by a court order, by judgment, who directed us to now adopt these ordinances," he said. "All of that having been said, we have a Constitutional obligation to do this. This is not Council just woke up one day and decided, gee, let's put multi-family housing in this spot." "I've been in the position that counsel's been in, that you get hired this morning and you come this afternoon and say, hey, two things I'd like to review," he said. "But that's just not practical in this circumstance because we are under a court-ordered deadline that's very short for us to get all of these things done, and we need to proceed forward to get them done." "Now we're literally at the crossing the T's and dotting the I stage of this," Rainone said. "There is no turning back." The Council then unanimously approved all of the ordinances on Second Reading. Anselmi declined to comment after the meeting. Stay 'In the Know,' subscribe to the Franklin Reporter & Advocate! No other media outlet covering Franklin Township brings you the depth of information presented by the Franklin Reporter & Advocate. Period. We are the only truly independent media serving the Eight Villages. But we can only do that with your support. 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