PUBLIC NOTICE
TOWNSHIP OF MILLBURN
IN THE MATTER OF THE APPLICATION OF THE TOWNSHIP OF MILLBURN, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY, COUNTY OF ESSEX
NOTICE OF THIRD ROUND FAIRNESS HEARING AND POSSIBLE FOURTH ROUND COMPLIANCE HEARING REGARDING THE TOWNSHIP OF MILLBURN’S AFFORDABLE HOUSING OBLIGATIONS
Third Round Docket No.: ESX-L-2778-18
Fourth Round Docket No.: ESX-L-000587-25
PLEASE TAKE NOTICE that on October 7, 2026, beginning at 9:00 a.m., the Superior Court of New Jersey, Law Division, Essex County, will conduct a Third Round Fairness Hearing before the Honorable Aldo J. Russo, J.S.C., at the Essex County Historic Courthouse, 470 Martin Luther King Jr. Boulevard, Courtroom 211, Newark, New Jersey 07102.
The purpose of the Third Round Fairness Hearing is for the Court to consider whether the global Settlement Agreement among the Township of Millburn (“Township”), RPM Development Group, and Fair Share Housing Center (“FSHC”), relating to the Township’s Third Round affordable housing obligations, is fair and reasonable to the interests of low- and moderate-income households and provides a realistic opportunity for the Township to satisfy its Rehabilitation, Prior Round, and Third Round affordable housing obligations.
The Court will consider approval of the Settlement Agreement pursuant to the Mount Laurel doctrine and its progeny; the Fair Housing Act, N.J.S.A. 52:27D-301 et seq.; the applicable substantive regulations of the New Jersey Council on Affordable Housing (“COAH”); the New Jersey Supreme Court’s decision in In re Adoption of N.J.A.C. 5:96 & N.J.A.C. 5:97, 221 N.J. 1 (2015); and other applicable law. If the Court determines that the Settlement Agreement is fair and reasonable and otherwise satisfies applicable law, the Court may approve the Settlement Agreement and grant such further relief as it deems appropriate, including the entry of a Final Third Round Judgment of Compliance and Repose.
The Settlement Agreement formally removes the prior proposal to construct an affordable housing development at 9 Main Street and provides for the affordable housing obligation associated with that proposal to be satisfied through a new mixed-income development at the intersection of Essex Street, Spring Street, and Millburn Avenue. The proposed development will consist of 93 total residential units, including 75 deed-restricted affordable rental units and 18 market-rate units. The affordable units will include designated set-asides for veterans and individuals with special needs, as more particularly described in the Settlement Agreement.
Copies of the Settlement Agreement and related affordable housing documents are available for public inspection during regular business hours, between 8:30 a.m. and 4:30 p.m., at the Office of the Millburn Township Clerk, Town Hall, 375 Millburn Avenue, Millburn, New Jersey 07041, and on the Township’s official website. Copies may also be obtained from the Township subject to any applicable copying charges.
POSSIBLE FOURTH ROUND COMPLIANCE HEARING
Following the Third Round Fairness Hearing, the Court may also conduct a Fourth Round Compliance Hearing in connection with the Township’s Fourth Round affordable housing matter, Docket No. ESX-L- 000587-25.
If conducted, the purpose of the Fourth Round Compliance Hearing will be for the Court to consider the Township’s compliance with its Fourth Round affordable housing obligations, including the Township’s Housing Element and Fair Share Plan and related implementing documents, and to determine whether the Township has provided a realistic opportunity for satisfaction of its applicable affordable housing obligations in accordance with the Fair Housing Act, as amended, the Mount Laurel doctrine, and other applicable law.
The Fourth Round Compliance Hearing is a separate proceeding from the Third Round Fairness Hearing and arises under a separate docket number. The Court may address the Fourth Round matter following completion of the Third Round Fairness Hearing as the Court deems appropriate.
RIGHT TO APPEAR AND OBJECT
Any interested person or entity, including any low- or moderate-income individual, any organization representing the interests of low- or moderate-income households, or any owner of property within the Township of Millburn, who seeks to appear and be heard concerning the Settlement Agreement at the October 7, 2026 Third Round Fairness Hearing shall have the opportunity to present a position regarding the Settlement Agreement in accordance with the procedures established by the Court.
Any written objection to or comment concerning the Settlement Agreement must be filed with the Court on or before September 23, 2026, fourteen (14) days prior to the Fairness Hearing, at:
Superior Court of New Jersey
Honorable Aldo J. Russo, J.S.C. Law Division, Essex County
Essex County Historic Courthouse, Courtroom 211
470 Martin Luther King Jr. Boulevard
Newark, New Jersey 07102
Re: Docket No. ESX-L-2778-18
Copies of all written objections or comments must be simultaneously served by mail and email upon the following:
General Counsel for the Township of Millburn
Jarrid Kantor, Esq.
Antonelli Kantor Rivera, P.C.
354 Eisenhower Parkway, Suite 1000
Livingston, New Jersey 07039
For security reasons, you must enable JavaScript to view this E-mail address.
Counsel for Fair Share Housing Center
Ariela Rutbeck-Goldman, Esq. Fair Share Housing Center
510 Park Boulevard
Cherry Hill, New Jersey 08002
For security reasons, you must enable JavaScript to view this E-mail address.
Court-Appointed Special Master
Francis Banish, PP, AICP
Banish Associates, Inc.
111 Main Street
Flemington, New Jersey 08822
For security reasons, you must enable JavaScript to view this E-mail address.
Counsel for Woodmont Properties, LLC
Thomas Carroll, Esq.
Hill Wallack LLP
21 Roszel Road
Princeton, New Jersey 08540
For security reasons, you must enable JavaScript to view this E-mail address.
Counsel for RPM Development Group
Craig Gianetti, Esq. Day Pitney LLP
8 Sylvan Way
Parsippany, New Jersey 07054
For security reasons, you must enable JavaScript to view this E-mail address.
Counsel for 249 Millburn Avenue, LLC
John P. Inglesino, Esq.
Inglesino Taylor
600 Parsippany Road, Suite 204
Parsippany, NJ 07054
For security reasons, you must enable JavaScript to view this E-mail address.
Any person who files a timely written objection or comment may appear at the Fairness Hearing and present argument or testimony concerning the Settlement Agreement, subject to the direction and procedures established by the Court.
This Notice is provided pursuant to the direction of the Court to inform interested persons and entities of the proposed Settlement Agreement and the opportunity to comment upon or object to the Settlement Agreement before the Court determines whether it should be approved.
Nothing contained in this Notice shall be construed as indicating any view or determination by the Court concerning the fairness, reasonableness, adequacy, or ultimate approval of the Settlement Agreement, or concerning the Township’s compliance with its Third Round or Fourth Round affordable housing obligations.
