Public Notice:
HUNTERDON COUNTY JACOB HABERMAN, Plaintiff, v. THE PLANNING BOARD OF THE BOROUGH OF HAMPTON, THE COUNCIL OF THE BOROUGH OF HAMPTON, and THE MAYOR OF THE BOROUGH OF HAMPTON, Defendants. SUPERIOR COURT OF NEW JERSEY LAW DIVISION, HUNTERDON COUNTY (MOUNT LAUREL II) DOCKET NO. L-6527-81 Civil Action NOTICE OF PROPOSED SETTLEMENT TO: All Interested Persons A hearing will be held on May 29, 2015 at 10 a.m. before the Honorable Peter A. Buchsbaum, J.S.C. (retired, on recall) in the Hunterdon County Justice Complex, 65 Park Avenue, Flemington, New Jersey 08822, to consider the entry of a Final Judgment of Compliance in favor of Hampton Borough based upon a proposed Litigation Settlement Agreement which has been submitted to the Court. Entry of a Final Judgment of Compliance would declare Hampton Borough in compliance with its obligations to provide realistic opportunities for housing affordable to low and moderate income households under Southern Burlington County N.A.A.C.P. v. Mt. Laurel Township. Entry of a Judgment of Compliance may bar, for six years, any claim that Hampton Borough is failing to provide sufficient realistic housing opportunities for low and moderate income households. In the pending cross-motion filed by Jacob Haberman, Mr. Haberman has requested modification of Hampton Borough’s 11/18/91 Final Judgment on Compliance to allow development permitted under the 1991 Judgment to be constructed on the north lot (Block 23, Lot 1) of Mr. Haberman’s property, to allow an on-site setaside in lieu of a financial contribution for housing rehabilitation and to allow construction of necessary infrastructure in lieu of the financial contributions for infrastructure improvements called for under the 1991 Judgment. Mr. Haberman claims that these modifications will provide adequate realistic opportunities for housing affordable to low and moderate income households to meet the needs of persons residing in Hampton Borough and to meet the needs of Hampton Borough’s fair share of present and prospective regional housing need. Hampton Borough has denied these claims. The parties have agreed to settle the case upon the following terms: 1. Hampton Borough has an obligation between now and 2024 to create realistic opportunities for 27 units of safe, decent housing affordable to low and moderate income households. 2. The Borough will maintain the present AH-Affordable Housing Zone designation of the north lot (Block 23, Lot 1) and the south lot (Block 24, Lot 2) owned by Plaintiff Jacob Haberman for an inclusionary development. The inclusionary development shall consist of 333 dwelling units, all of which shall be constructed on the north lot. The 333 units will include 300 market-rate units and 33 units to be affordable and deed-restricted for occupancy by low and moderate income households. None of the dwelling units may be rental units except that some or all of the 33 low and moderate income units may be in the form of group homes for developmentally disabled persons. 3. Pursuant to Schedule A attached to the proposed Litigation Settlement Agreement, the present AH zoning shall be amended to permit the development of 333 dwelling units on Mr. Haberman’s north lot at a gross density not exceeding 2.4 dwellings per acre. The amended AH zoning shall also permit 6,000 square feet of commercial/retail uses. The area and bulk requirements for the permitted dwelling types, which include small lot single-family detached homes, multi-family, townhouse and other attached dwellings, are set forth in Schedule A to the Litigation Settlement Agreement. 4. The full text of the proposed Litigation Settlement Agreement, including a map of the north and south lots, and all documents supporting the Settlement may be examined and copied during regular business hours at the Hampton Borough Clerk’s Office or may be obtained by written request to: Guliet D. Hirsch, Esquire Archer & Greiner, P.C. Countryside Plaza North 361 Route 31, Building E Suite 1301 Flemington, NJ 08822-1722 5. (a) Any interested party, including any low or moderate income person residing in northern New Jersey, any organization representing the interests of low or moderate income persons, any owner of property in Hampton Borough and any organization representing the interests of owners of property in Hampton Borough may file objections to the proposed Litigation Settlement Agreement and may present evidence in support of such objections. Objections must be filed in writing together with copies of any supporting affidavits or documents no later than May 22,2015 with the Honorable Peter A. Buchsbaum, Hunterdon County Justice Center, 65 Park Avenue, Flemington, New Jersey 08822. Copies must simultaneously be filed with the Hunterdon County Clerk, Hunterdon County Justice Center, 65 Park Avenue, Flemington, New Jersey 08822, with Guliet D. Hirsch at the address listed above and with the Hampton Borough Clerk, Cathy Drummond, at the Hampton Borough Municipal Building, 1 Wells Avenue, P.O. Box 418, Hampton, N.J. 08827. (b) Any party wishing to do so, may attend the hearing scheduled for May 29, 2015 beginning at 10 a.m. and ask questions, make objections or comments or provide testimony with respect to the proposed Mount Laurel Settlement Agreement. 6. This notice is provided by Order of the Law Division of the Superior Court. It is intended to inform all interested parties of the existence of the proposed Litigation Settlement Agreement and the possible consequences of Court approval of this settlement. It does not indicate any view by the Court as to the merits of the lawsuit or the fairness, reasonableness, or adequacy of the proposed settlement and does not indicate that the Court will approve the settlement or enter a Judgment of Compliance. ($104.72)
