The plan, which creates a Senior Housing Zone and Westgate Village Mixed-Use Zone, was reviewed by the Planning Board.
Alexis Tarrazi, Patch Staff
|Updated Thu, Mar 20, 2025 at 3:24 pm ET
BASKING RIDGE, NJ — The Township's plan to meet its required New Jersey Department of Community Affairs (DCA) fourth-round affordable housing obligation was found to be "inconsistent" with Basking Ridge's Master Plan by the Planning Board on Tuesday.
"We all try very hard to make the best situation we can out of a situation we prefer not to be in," said Deputy Mayor Andrew McNally of the obligation. "The staff and professionals that we have consulted with believe that moving these ordinances forward to fulfill this mandate — which we prefer not to have to do — is the best way forward for Bernards Township."
The Township Committee introduced two ordinances at its March 11 meeting to meet its obligation.
The ordinances include creating the SH-4 Senior Housing Zone which increases the number of units from 308 to 339 units. It also increases the total square footage from 231,666 to 259,666 square feet.
The second ordinance calls to replace the Westgate Village Mixed Use Senior Overlay Zone within the E-3 Zone with the Westgate Village Mixed Use Zone. The zone would specifically change the zone to include family inclusionary housing, which means it is a mix of market and affordable housing units.
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It also increases the density of housing units from 375 to 574 units. And it ultimately reduces the amount of nonresidential development by around 210,000 square feet.
The project would include a hotel of about 217,000 square feet and 20,000 for nonresidential space (down from the 230,000 nonresidential area previously allowed).
On Tuesday night, the ordinances were given to the Planning Board for consistency review with the Township's Master Plan. Both ordinances were found to be inconsistent with the Master Plan but were given recommendations to satisfy the Township's affordable housing obligation.
The DCA's published a non-binding number of 218 affordable housing units for Basking Ridge. At Jan. 28 meeting the Township proposed a lower number of affordable housing units of 171 units in response.
Since then the New Jersey Builders Association has filed a lawsuit against the Township arguing against the lower number proposed. The Township is currently in mediation, said Bernards Township Attorney John Belardo at the March 11 meeting.
While waiting for the final number to be decided for the Township, McNally noted they are proposing to build more than their 171-unit proposal just in case.
"We don’t know what the number is… so we have to work to get there. What we are introducing tonight are two opportunities to get there," said Committeewoman Ana Duarte McCarthy. "These are challenging conversations. We have to do what is best for our community. I don't want to see us having to pay taxpayer dollars to fight litigation."
Committeewoman Jennifer Asay was the only one on the Committee to vote against the two ordinances.
"The plan before us this evening is nothing short of an epic failure of leadership and a breach of fiduciary duty. We should be acting in the best interest of our community to protect our Town’s character, wonderful schools, infrastructure, and also first responder capacity," said Asay.
Asay instead suggested that the Committee join the New Jersey Highlands Council which she claims would lower the Township's affordable housing obligation, offer environmental protection, and funding.
McNally disagreed with joining the Highlands Council saying, "What we are talking about when talking about joining the Highlands Council is surrendering local control over land use to an unelected body comprised of people who don’t live here."
Many residents spoke at the Committee meeting with some calling for special needs housing.
Mayor Janice Fields assured the public that they are working on a separate plan to address special needs housing.
"We are doing special needs housing even though you don’t see it and we’re continuing to work on it and have some other opportunities," said Fields.
"The special needs community has indeed special needs so we have to be particularly careful that what gets built is suitable for those needs and we don't just try to shoehorn it in places where the developer is not prepared to do that thing," said McNally.
The two ordinances now return to the Township Committee with the Planning Board's recommendations.
A public hearing and final reading of the two ordinances will be held at the April 15 Township Committee meeting at 7:30 p.m. in the Warren Craft meeting room at the Municipal Building, 1 Collyer Lane, Basking Ridge.
Correction: A previous version of this article incorrectly stated that the Planning Board approved the ordinances rather than reviewed them and found them to be inconsistent.
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