Planning Board reconsiders major housing proposal
HAMILTON » Time for a doover.
The Hamilton Township Planning Board and a private developer reached a settlement earlier this summer paving the way for new homes to eventually be built near Greenwood Cemetery.
The planning board in February rejected the housing plan after community residents voiced opposition, prompting TJC at Hamilton LLC to file a lawsuit in Mercer County Superior Court alleging the board had “palpably abused their discretionary authority” in an unconstitutional and “wrongful manner.”
Now that both parties have reached a settlement, Assignment Judge Mary C. Jacobson on Aug. 21 ordered the matter to be remanded to the Hamilton Township Planning Board for further consideration.
In accordance with the order, TJC on Sept. 10 is scheduled to present a revised application known as the Settlement Plan, which still proposes the construction of 44 single-family residential lots and one lot for a detention basin while calling for additional tree plantings and significantly lesser disruption to Fletcher Avenue.
Jacobson is giving the planning board a 60-day deadline to review the Settlement Plan and adopt a resolution approving it.
In the event that the Hamilton Township Planning Board is either unable or unwilling to approve the Settlement Plan within the stipulated time period or an appeal of the settlement approval is filed, the matter could potentially linger indefinitely in the courts pending final resolution.
TJC is the contract purchaser of 381 Ward Ave., where the proposed new housing development is slated to be built if the Settlement Plan is adopted.
The property is currently utilized for a house of worship and features outbuildings, a parking area and driveways. Like the original proposal from February, the so-called Settlement Plan calls for these existing structures at the site to be removed and replaced with 44 single-family residential lots.
The 10-acre parcel of land and house of worship at 381 Ward Ave. is currently owned by New Testament Baptist Church. The property is located in an R-5 single-family residential district.