SOMERVILLE, NJ - A fairness and preliminary compliance hearing for the Township of Warren, for the Township’s housing element and fair share compliance plan for the Affordable Housing period 1987-2025 is set for Wednesday, Dec. 4 in Somerville. 


The Docket is  No. SOM-L-904-15 and the hearing will take place before  the Honorable Thomas C. Miller, P.J.Cv. at the Somerset County Courthouse, 20 North Bridge Street, P.O. Box 3000, Somerville, New Jersey 08876-1262, Court Room HCH1 (the “Court”).


The Township seeks a Judgment of Compliance and Repose formally approving the Settlement Agreement, subject to any appropriate conditions, if any, that may be imposed by the Court, which Judgment of Compliance and Repose will entitle the Township to protection from any Mount Laurel builder’s remedy lawsuits for a period of time to be determined by the Court. A copy of the Settlement Agreement is posted on the Warren Township website at

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The purpose of the hearing is for the Court to determine whether the terms of a proposed Settlement Agreement (the “Settlement Agreement”) among the Township of Warren (the “Township”), the Warren Township Sewerage Authority (as to paragraph 17 only of the Settlement Agreement), Fair Share Housing Center (“FSHC”), K. Hovnanian North Jersey Acquisitions, LLC, an intervenor; Hillcrest Crossing, LLC d/b/a Premier Development, an intervenor; Chase PartnersWarren, LLC and 284 King George Road, LLC, intervenors; North Hill Developers, Inc., an intervenor; and American Properties at Mount Bethel Road, LLC, an objector, will meet the Township’s obligation to provide a realistic opportunity to satisfy its Rehabilitation, Prior Round and Third Round “fair share” of the regional need for housing affordable to low income and moderate income households pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq., the substantive applicable regulations of the New Jersey Council on Affordable Housing (“COAH”), the New Jersey Supreme Court’s March 10, 2015 decision in In re N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015) and other applicable laws.

The Settlement Agreement fully addresses the existing components of the Township’s affordable housing obligations for the period 1987-2025. These include the Prior Round (1987- 1999) obligation of 543 units, a Present Need of 38 units, and a Third Round (1999-2025) obligation of 890 units. The proposed Settlement Agreement provides a detailed list of the Township’s total affordable housing obligation and compliance mechanisms demonstrating the Township’s compliance with those affordable housing obligations. The Settlement Agreement is available for public inspection and/or photocopying (at requestor’s expense) during regular business hours between the hours of 8:30 a.m. to 4:00 p.m. on Mondays through Fridays at the Township Clerk’s office located at the Warren Township Municipal Complex, 46 Mountain Boulevard, Warren, New Jersey 07059.


On the date of the Hearing, the Court will conduct a Fairness and Preliminary Compliance Hearing to determine whether the proposed Settlement Agreement is fair to low and moderate income households and creates a realistic opportunity for satisfaction of the Township’s affordable housing obligations pursuant to the Mount Laurel decisions and their progeny, the Fair Housing  {A1074996.1 )Act (N.J.S.A. 52:27D-301, et seq.) and the applicable procedural and substantive regulations of COAH and the Supreme Court’s March 10, 2015 decision in the matter of In re N.J.A.C. 5:96 & N.J.A.C.. 5:97, 221 N.J. 1 (2015), to satisfy the Township’s affordable housing responsibilities for the period 1987-2025.


Any interested third party that seeks to appear and be heard at the December 4, 2018 hearing on the Settlement Agreement has the opportunity to present any position on the proposed Settlement Agreement. Objections or comments by any interested person must have been filed with the Court at the above address on or before Wednesday, November 21, 2018, with duplicate copies being forwarded by mail and e-mail to the attention of the following:

Jeffrey B. Lehrer, Esq. DiFrancesco, Bateman, 15 Mountain Boulevard Warren, New Jersey 07059 Attorneys for Petitioner

Adam Gordon, Esq.

Fair Share Housing Center

510 Park Boulevard

Cherry Hill, New Jersey 08002-3318

Special Master Frank Banisch III, AICP, P.P. Banisch Associates, Inc.

111 Main Street

Flemington, New Jersey 08822

Tracy Siebold, Esq.

Nehmad Perillo & Davis, P.C.

4030 Ocean Heights Avenue

Egg Harbor Township, NJ 08234 Attorneys for Chase PartnersWarren, LLC 284 King George Road, LLC

          {A1074996.1 }


John Caniglia, Esq.

Area Counsel

110 Fieldcrest Ave.

Edison, New Jersey 08837

Attorneys for K. Hovnanian North Jersey Acquisitions, LLC

Robert Kasuba, Esq.

Bisgaier Hoff, LLC

25 Chestnut Street

Suite 3

Haddonfield, New Jersey 08033

Attorneys for K. Hovnanian North Jersey Acquisitions, LLC

Brett Tanzman, Esq.

Wilf Law Firm

820 Morris Turnpike

Suite 201

Short Hills, New Jersey 07078 Attorneys for North Hill Developers, Inc.

Ronald Shimanowitz, Esq.

Hutt & Shimanowitz

459 Amboy Avenue

Woodbridge, New Jersey 07095

Attorneys for American Properties at Mount Bethel Road, LLC

Derrick R. Freijomil, Esq.

Riker Danzig Scherer Hyland & Perretti, LLP Headquarters Plaza

One Speedwell Avenue

Morristown, New Jersey 07962-1981

Attorneys for Warren Township Sewerage Authority


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