Ridgewood council introduces four zoning ordinances and settlement steps after judge warns of losing zoning immunity

Ridgewood — Village officials on Wednesday introduced four zoning ordinances and approved settlement steps tied to the Kensington assisted‑living project and the state’s fourth‑round affordable‑housing rules after their attorney said a court could remove the village’s immunity from developer lawsuits.

Village counsel Matt Rogers told residents the amended Fair Housing Act and recent court practice require municipalities to provide a realistic opportunity for affordable housing and that a settlement judge had signaled the village could lose its zoning immunity — a move Rogers said could let developers pursue ‘builder’s‑remedy’ projects that override local height, setback and density limits. “Failure to comply with the fourth round would result in our losing control over development in the village,” Rogers said.

The council introduced ordinances by title to establish an S‑1 senior overlay for the Kensington area (ordinance 4071), create a TO‑1 townhouse overlay (4072), add a CR‑1 commercial‑residential district (4073) and modify B‑1/B‑2 district standards along with a mandatory affordable set‑aside standard (4074 and 4075). The ordinances were adopted on first reading and set for public hearings on Jan. 14, 2026; the planning board will take up site‑specific issues such as traffic, buffering and loading during its review.

Why it matters: Council members said the proposals are intended to settle litigation and preserve local zoning control for roughly the next decade rather than risk a court order that could allow larger, higher‑density development across Ridgewood. Opponents at the meeting said Kensington’s location between Franklin and Marshall avenues would bring traffic, safety and quality‑of‑life impacts to nearby neighborhoods.

Residents and council reactions: More than two dozen residents spoke during a 40‑minute public‑comment period. Several neighbors said they support affordable housing in principle but object to Kensington’s scale and site. “This intersection must be made safer. Make Kensington pay for the improvements,” resident Shelley Rothstein said, urging the council to require developer-funded conduit and signal work for Maple and Franklin.

Other residents pressed for transparency, asked how many affordable units the town must add, and suggested alternative sites. Natalia Pertosevich told the council the village could demonstrate good‑faith planning with density caps, stepbacks or floor‑area limits rather than approving maximum densities. Several speakers also raised concerns about terraces and rooftop uses that would overlook private backyards.

Council rationale and next steps: Council members said they had negotiated concessions — including design limits they say brought Kensington’s concept within current zoning envelopes — but that many objections stem from state and court mandates beyond local control. Council members and the attorney repeatedly directed residents to the forthcoming planning‑board hearings, where traffic studies, landscaping, buffering and other site‑plan details will be considered. Matt Rogers confirmed a traffic study is in progress.

Formal actions recorded: The council introduced and approved on first reading ordinances 4071–4075 (public hearings Jan. 14, 2026) and adopted a consent agenda that included two housing‑related resolutions: authorization of a settlement agreement with Kensington Senior Development and authorization of a mediation agreement with Fair Share Housing Center. The consent agenda also included an unrelated police equipment purchase. Council members recorded affirmative votes to introduce and set hearings on the ordinances and approved the consent agenda by voice vote.

What’s next: If the council settles with Kensington and Fair Share, the agreement will be used in court to secure a compliance order; if not, the judge could move forward with a remedy that, council members warned, would remove Ridgewood’s zoning protections. Site‑level details — traffic mitigation, terrace design, loading, lighting and deed‑restricted affordability timing — will be developed at planning‑board hearings and during any negotiated settlement. Planning‑board consideration is expected beginning in early January, with ordinance hearings at the council meeting on Jan. 14, 2026.

Reporting note: Quotes and attributions in this article come from speakers recorded in the public transcript of the Dec. 17, 2025 Ridgewood Village Council special meeting.