Kenilworth planning board adopts fourth‑round affordable housing plan; council endorsement next step

The Kenilworth Planning Board on June 24 adopted the borough's fourth‑round housing element and fair share plan, the board's consultant said, setting zoning mechanisms and redevelopment credits the borough will use to address its assigned prospective need.

Michael Mistretta, the borough's affordable housing planner, told the board the Department of Community Affairs assigned Kenilworth a fourth‑round prospective need of 208 units and a present (rehabilitation) need of 35 units and that the plan filed with the borough on June 13 lays out how the town intends to meet that requirement.

The vote sends the planning board's resolution to the borough council for endorsement, a required administrative step under the amended Fair Housing Act, Mistretta said. The council's endorsing resolution and the planning board's adopted plan will be uploaded to the state portal for review; interested parties will have until around Sept. 1 to comment, he said.

Why this matters: The amended state law and Department of Community Affairs (DCA) procedures require each municipality to file a fourth‑round housing element and fair share plan covering 2025–2035. For Kenilworth, which the consultant described as largely built out, the plan relies primarily on one approved redevelopment project and three overlay zones to generate credits rather than expecting large amounts of new vacant land.

Most of the board's discussion focused on mechanisms and on timing. Mastretta described a redevelopment project at 25 North 20th Street that is already approved and would provide 25 affordable units plus six state bonus credits (31 credits total), and three overlay areas (North Michigan, Market Street and the former National Pool site) that would generate additional credits if redeveloped at the densities proposed in draft ordinances.

Mistretta summarized the numbers: the DCA's regional prospective need is 20,506 units for Housing Region 2; Kenilworth's share equals 208 new‑construction units and 35 rehabilitation units as calculated by the state using statutory multipliers. He also said the borough qualifies for a vacant‑land adjustment and may claim bonus credits tied to redevelopment incentives. The plan includes a mandatory 20 percent affordable set‑aside for new multifamily projects in overlay areas and a maximum of 52 total bonus credits the borough can claim across mechanisms in the plan.

Board members pressed for clarity about where overlay zones were mapped and whether the board and governing body had been engaged earlier. Several members and municipal counsel emphasized the plan and attached draft ordinances are not final: Mastretta repeatedly described the ordinance language as drafts to be edited over the summer, and said adoption of zoning changes is scheduled through March 2026. He advised the board to adopt the plan now to meet the filing deadline and then use the public comment window (through early September) to propose changes.

Mistretta noted timeline points he read into the record: the borough council adopted a commitment resolution on Jan. 15, 2025 committing to the DCA number; a court order of March 27, 2025 memorialized that commitment; the plan was filed June 13; and the DCA and a special adjudicator assigned to the region will review the filing. He said the board's adoption places Kenilworth on the schedule for state review and preserves certain procedural protections the municipality receives when it is in conformance.

The board voted to adopt the planning board's resolution endorsing the housing element and fair share plan. Kevin (staff) and other members discussed next steps: the council must adopt its endorsing resolution and the plan will then be posted for public and agency comments. Mastretta recommended the planning board reconvene after Labor Day to review any comments and proposed ordinance revisions.

The adoption records: motion to adopt the planning board's resolution was moved by Mr. Grimaldi and seconded by Mr. Pantina; the roll call recorded a majority in favor and the resolution passed. The board instructed staff to transmit the adopted plan and supporting materials to the borough council and the state as required.

The plan and related draft overlay ordinances remain subject to revision: Mastretta and board members repeatedly said the maps, density assumptions (for example: 20 units/acre in one overlay, 18 units/acre in another, 15 units/acre at the former National Pool site), mandatory 20 percent set‑aside and bonus credit calculations are all documented in the plan and may be modified before final ordinance adoption. The board also requested staff and counsel to keep the planning board involved in drafting and reviewing the implementing ordinances.

What happens next: the planning board's adoption moves the plan to the borough council for endorsement and state review. Mastretta said comments submitted during the summer will be addressed and ordinance drafting will continue through the winter with anticipated final ordinance adoption by March 2026, per the schedule in the report.

Speakers quoted in this article are identified in the board's transcript and report filed with the borough clerk; links and full copies of the plan and the consultant's presentation are posted on the borough website, Mistretta said.