HOWELL – After months of disagreement and fighting with developers, the members of the Howell Township council have voted to settle litigation and approve a developer’s agreement of the residential development “The Fountains.”
At the March 1 township meeting, Mayor Theresa Berger, Deputy Mayor Pamela Richmond, Councilman John Bonevich, Councilwoman Evelyn O’Donnell and Councilwoman Suzanne Brennan voted “yes” on a motion to authorize the settlement.
Back in 2018, the project known as “The Fountains” was approved by the Howell Planning Board to construct 105 age-restricted residential units in several multi-story buildings on Route 9 north.
A settlement agreement created many years ago states that if the 105-unit development is opposed, then the developer is permitted to build 408 units that are not just for seniors, Township Attorney Joe Clark explained.
When the controversial project came before the Township Council nearly three years later for approval, council members rejected the proposed agreement at the September 14, 2021 meeting knowing they could possibly face litigation. When the agreement was back on the agenda for the September 28, 2021 meeting, they tabled it.
At the October 12, 2021, meeting, former Deputy Mayor Thomas Russo, Councilwoman Evelyn O’Donnell and Councilman John Bonevich were present. Mayor Theresa Berger and Councilwoman Pamela Richmond were absent and decided to table the developer’s agreement once again to the next council meeting on October 26, 2021.
After the public comment portion closed at the October 26, 2021 meeting, Bonevich wanted to clarify that his issue with the plan is it being a four-story development.
Richmond said she would be voting ‘no’ in order to side with the Democrats to “stop the development.”
At the end of the meeting, Berger, Bonevich, O’Donnell and Richmond voted ‘no’ and Russo voted ‘yes,’ ultimately failing the Fountains project.
As a result, the developer decided to file a lawsuit against Howell Township on November 22, 2021.
According to the lawsuit, 6461 Route 9 Howell, LLC and Paula O’Neill, owner of that property, are named as plaintiffs.
Documents state that the developer has filed an injunction and is seeking a building permit from Howell and guarantee that the township will restrain from any action that interferes with construction.
The resolution passed by council on March 1 states that both sides have reached a settlement. The developer will dismiss the litigation and release all claims it has against the Township.
Representatives of the Township will sign a developer’s agreement mending the terms and conditions for the developer’s donation of land to Howell as well as the fees to be charged by Howell to the developer for the project.
According to the resolution, a payment of $130,353 will be sent to the developer from the Township to settle the claims in the complaint.
At the March 1 meeting, Bonevich talked about the Township’s obligation toward future affordable housing and how they may want to consider permitting it on the new land they will receive from the settlement. He also suggested the idea of building housing for military veterans, noting how Tinton Falls just opened new affordable housing for veterans.
“Let’s make the best of this. It’s been going on for 30 years. We inherited this, but let’s make something positive out of this. I would like to ask the council to look into this (permitting affordable housing).”
