An architect’s rendering of the proposed RW @ River’s Edge condos.

A proposed 12-unit West Side condo project that was the flashpoint in a legal challenge to Red Bank’s efforts to provide affordable housing is up for final approval by the zoning board.

RW @ River’s Edge, envisioned as replacing several abandoned homes at the western ends of Drs. James Parker Boulevard and Bank Street, was the basis for a challenge by the Fair Share Housing Center of Cherry Hill, the Asbury Park Press reports.

That led the the state Council on Affordable Housing last week to temporarily strip the borough of the right to approve any applications for new market-rate housing, according to the Press’ Larry Higgs.

From the article:

Although the borough ordinance calls for an 11 percent “set aside” of affordable units, the housing center maintains the borough should follow the COAH mandate of earmarking 20 percent for affordable housing.

The tiny RW @ River’s Edge project seems to have been the last straw, according to the housing center’s legal brief. That brief cited four approved redevelopment projects and three applications currently before the board, which they contend contain less than a 20 percent earmark for affordable housing among the total number of units.

More:

The housing center’s main objection stems from a 1997 decision by COAH to eliminate the borough’s obligation to provide zoning for 428 units of affordable housing because borough officials had argued there is no vacant land in Red bank to realistically build on.

Most of the new development in town comes from redeveloping built-up land, which attorneys for the housing center argued puts pressure on existing affordable housing in the borough by increasing property values and taxes. Several west side residents testified to COAH last week that financial pressure is forcing people out of what were affordable homes.

The housing center filed a brief with COAH on Sept. 28, after the board of adjustment voted on Sept. 4 to approve a resolution to grant two variances for the RW development. The housing center contends the development didn’t include any affordable units. A vote on the formal approval is on the zoning board’s agenda for tonight.

Red Bank’s attorney Thomas Hall argued in a brief that despite having an obligation to produce no affordable units, the borough was able to produce 120 affordable units.

“If all currently approved projects, including a 100 percent affordable project (Cedar Crossings) that is currently in development by the Borough, were to be built, the Borough will have caused the production of 233 (affordable) units,” Hall wrote.

Hall argued that the 20 percent mandate is for projects built on vacant land, not redevelopment. Requiring COAH to sign off on any new market value construction would penalize a community which has a demonstrated record of developing affordable housing,” Hall said.

“In short, the Borough of Red Bank is deserving of commendation, instead of condemnation,” he wrote.

It’s not clear from the article if the COAH ruling would bar the zoning board from voting on a resolution of approval on tonight’s agenda.

Email this story