HOWELL – State Superior Court Judge Jamie Perri has ruled in favor of Howell and determined that the certain affordable housing zones are consistent with the goals of the township’s master plan and that public notice regarding the adoption of the ordinances by the Township Council was valid.
Resident John Bonevich, who is running as a Democratic candidate for council in the Nov. 6 election, filed a complaint against the township in Superior Court, Freehold. Bonevich asserted that the ordinance creating the Mount Laurel District 2 zone and a subsequent rezoning was improperly noticed by the township.
Attorney Ron Gasiorowski represented Bonevich in court on July 17. Gasiorowski also represented Bonevich at an April Planning Board meeting and objected to the application that proposed the construction of an apartment complex at the corner of West Farms and Fort Plains roads off Route 9 south. The property was the subject of the zone change that had previously been approved by the council.
Perri dismissed the complaint with prejudice on July 24.
Howell Director of Law Joe Clark said Perri found that Howell’s adoption of Ordinance 0-17-11, creating a Reserve Mount Laurel District 2, and Ordinance 0-17-12, rezoning a portion of a property from Highway Development 1 to Reserve Mount Laurel District 2, was valid and that the ordinances are consistent with the goals of the master plan because they promote the development of affordable housing in Howell.
Deputy Mayor Robert Nicastro said everybody has a right to challenge a government’s action in court.
“Clearly the judge validated the ordinance (by) saying it was part of the master plan for affordable housing,” Nicastro said.
Nicastro said affordable housing is a state mandate and a constitutional mandate and that Howell officials have to abide by the laws “whether we like it or not.”
Bonevich could not be reached for comment.
