Council sided with familiarity and experience, unanimously selecting former School Board president Hemant Marathe to serve the final half-year of Kristina Samonte’s council term. Samonte resigned her position last month because her family is moving out of town.
Surrounded by family and supporters, Marathe was promptly sworn in. The newest member of Council did not have the luxury of easing into his new role at the June 8 meeting. Despite a short agenda, Council and the administration subsequently held a lengthy closed session meeting to discuss issues including affordable housing and redevelopment litigation.
Political newcomer Benjamin Steinhauser (see story page 15) was the only other township resident vying for the vacated Council seat, which also includes positions on the Affordable Housing Committee and Parking Authority.
Before Council’s decision, each candidate made public presentations and answered questions from Council. Council member George Borek asked both candidates about their views on the challenges facing West Windsor, including affordable housing and the Howard Hughes property. Both candidates said managing development in town required “a balancing act,” but Steinhauser cited outside demand and did not oppose additional residential housing.
Hearing this, Council President Bryan Maher pressed Steinhauser on his thoughts regarding development. Council and the roughly two dozen members in the audience listened closely when he said some of the underutilized, non-farmland spaces in the township could be more productive.
Afterwards, Steinhauser says he was not aware that residential housing is such a polarizing issue.
In contrast, Marathe’s responses to Council endorsed limiting residential growth while adding commercial ratables to grow the tax base.
Council member Peter Mendonez asked the candidates to give examples of “bipartisan cooperation” that either candidate previously has had with members of Council.
Marathe said he has worked on campaigns with all four current members of Council.
“To me it’s not a red versus blue issue,” Steinhauser said. “It’s more about what needs to be done to get things done.”
Geevers congratulated Marathe. “I have known Hemant for 20 years. We had three to four years of overlap serving on the School Board in the early 2000s, when the district was adding hundreds of kids every year. Hemant brings experience and I am confident he will hit the ground running.”
Closed session. The township tackled four items during a lengthy closed session.
The most pressing issue was affordable housing. According to Mayor Shing-Fu Hsueh, who was at the meeting, affordable housing attorney Gerry Muller spoke before Council, and the township consensus is to seek legal protection from the state judiciary and file a declaratory judgment before the July 8 deadline. A state Supreme Court decision earlier this year shifted affordable housing oversight from the dysfunctional Council on Affordable Housing (COAH) to the judiciary.
“There are no affordable housing standards right now,” Hsueh said in an interview after the meeting. “We have to get organized so the judge knows what direction we will be taking. Affordable housing is a state constitutional requirement, and the township will pay more if it does not go through the judiciary process. If we don’t do it, it means developers could file litigation against West Windsor. If we lose builder’s remedy lawsuits, the town has no planning control.”
The declaratory judgment will include information on the township’s previous affordable housing plans, and will be submitted to Mercer County Superior Court judge Mary Jacobson. There are currently 712 affordable units, as well as developer commitments to build additional units.
Ongoing litigation involving the Ellsworth Center, part of the redevelopment area, is expected to further delay any significant development for at least the remainder of 2015. The owner of the blighted property behind the Ellsworth Center, Jacinto Rodgriues, has filed multiple lawsuits challenging important zoning variances granted to Shawn Ellsworth and the Ellsworth Center. Rodrigues has an application for his property that is expected before the Planning Board this summer. The legal challenges are currently on appeal after the township initially prevailed earlier this year, and a decision is expected by the end of the year.
“I was advised by attorneys we have a strong case, but you can’t count on that,” Hsueh says. “Based on the judge’s decision, we will decide what the options are.”
While Ellsworth has the approvals to convert the center into a mixed-use development, the mayor said Ellsworth would not proceed until the litigation is resolved.
The other two closed session agenda items involve property acquisition. The township is finalizing plans to acquire more than 35 acres of open space. The parcels are known as the Cella property and are located at 180 Clarksville Road behind the Avalon Bay apartment complex. The township is also in discussions with the Twin W Rescue Squad to purchase its Everett Drive facility for EMS vehicle and equipment storage.
Twin W President and Deputy Chief Brian Solomon confirmed the property is on the market. The facility has space to store three ambulances. “If we’re not operating we can’t afford to keep the building,” says Solomon, referring to the township’s shutdown of the squad earlier in the year. “You have to have insurance and pay electric.”
There were two public comments related to ongoing township issues. South Post Road residents Judy Goetz and Jeff Hamer reported to Council on the noise disruption from the June 6 concert, the first of the season, at the Festival Grounds in Mercer County Park. Hsueh said the township health officer has conducted a sound check and will collaborate with the county to evaluate whether the noise level exceeded municipal ordinance.
Resident Virginia Manzari asked for an update on the Cranbury Road sidewalk project. Council passed a resolution April 2 requesting project support from Mercer County, which oversees the road. The county engineer is reviewing the project and the county freeholders are expected to vote on the proposal at their June 25 meeting. After the meeting, Manzari also confirmed her intention to run for Council this fall. Three seats, currently held by Maher, Borek, and Marathe, are up for election.
In other news, Council approved the state Clean Communities Program budget item, which will provide $61,691 from the state.
