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Planning board approves 1-year extension to preserve zoning protections for Cohen Development's approved 44-unit project
Summary
The Planning Board granted a one-year extension to Cohen Development Group to preserve protections under the Municipal Land Use Law for an approved subdivision and 44-unit multifamily building that includes seven affordable units and a $250,000 contribution to the municipal affordable housing fund.
The Township of Washington Planning Board voted Oct. 23 to grant Cohen Development Group LLC a one-year extension of a planning-board approval that covers a subdivision and a 44-unit multifamily building at 781 Van Emburg Avenue.
Attorney Jason Churchill told the board the extension is sought to preserve the protection from zoning changes that attaches to planning approvals under the Municipal Land Use Law (N.J.S.A. 40:55D-52(a) and 52(d)). "We are not here seeking to change what was approved," Jonathan Cohen, representing Cohen Development Group, said. The approved plan includes a 44-unit building with seven affordable units and a $250,000 contribution to the municipal affordable housing fund in lieu of two additional affordable units; those approvals were memorialized in a resolution adopted Dec. 7, 2022.
Churchill and Cohen outlined progress and outstanding items the developer says have delayed construction, including the final New Jersey Department of Environmental Protection (NJDEP) Treatment Works Approval (TWA). The developer said it received Bergen County Utilities Authority sewer connection approval (noted in testimony as received in August), and an administrative completion notice for the TWA application on Oct. 9, 2024, but the final TWA permit remained pending. The developer also reported county site-plan and subdivision approvals from September 2023 and county bonds posted in 2023. Cohen said township bond estimates and execution of a developer agreement remain to be completed; township staff said bond estimates were in progress and the township attorney was reviewing the developer-agreement drafts.
Board professionals and counsel discussed whether granting the extension could expose the township to renegotiation of affordable-housing credits in light of recent fourth-round numbers for the municipal obligation; township counsel and staff advised that the project is part of the town's existing third-round approvals and that denying the extension could imperil credits the township planned to claim. Board engineer Paul Hasnumba said outstanding items were procedural (bonds, developer agreement, final TWA) and he did not see reason to object to the extension.
When asked for a construction timetable, Cohen said the developer does not plan to seek a second extension and outlined a best-case schedule tied to completion of the developer agreement and bonds: submit building permits after subdivision is signed and perfected, then permitting review (21–28 days typical) and potential spring 2025 construction start; he estimated construction might take roughly 18 months, with supply- or labor-related delays possible.
After no public comment, the board voted to approve a one-year extension of the approval. That extension preserves the development's protection from zoning ordinance changes for the period granted; the developer must still obtain required permits and perform contract steps (developer agreement, bond postings, final TWA) before construction can begin.
