Somerset council authorizes lobbyists to seek exemption from Starter and Silver Homes Act; council president objects

The Somerset Town Council voted on Feb. 6 to authorize the town’s lobbying team to present proposed amendments to the Starter and Silver Homes Act that would seek an exemption for small municipal corporations or craft other edits to mitigate the law’s impact.

The motion, brought by a council member who requested this special meeting, directs the lobbying team — in consultation with the town lobbyist and the town attorney — to seek exemptions or alternative amendments to the Department of Housing and Community Development (DHCD) that would preserve Somerset’s local land‑use controls. The town attorney confirmed the motion as legally and technically sufficient and noted scheduled testimony dates before DHCD.

Why it mattered: Council members said the legislation, as drafted, would allow townhouses by right, reduce the minimum lot size from 6,000 to 5,000 square feet, and limit local lot‑coverage and setback authority. One council member warned that, read together with recent state law, the town would have no authority over developments of five or more townhouses — a change councilors said could alter Somerset’s character.

Council discussion centered on two strands: (1) pressing for an exemption for small, dense, older towns like Somerset through narrowly written criteria (examples discussed included population or housing‑density thresholds) and (2) preserving flexibility to propose alternative amendments that would mitigate impacts if an outright exemption proved unworkable. The council repeatedly referenced prior conversations with DHCD staff and the need to move quickly given the bill’s momentum.

Council President Barr opposed the tactic of an individual municipal exemption and urged coordination with other municipalities and the county, suggesting a broader, intergovernmental approach or aligning state drafting with pending federal measures that use incentives rather than preemption. Barr said, in part, "If we do this, we're acting on our own… How are the other 11 municipalities going to feel if Somerset is trying to get exemptions itself?" and questioned whether the county would welcome unilateral action.

Public comment and process concerns: Staff read a written statement submitted by resident Andrew J. Lewis. The statement raised a procedural objection: the special meeting was noticed with less than one business day’s notice, underlying documents were not included in the meeting notice and materials were available only by request, which Lewis said denied residents — including people with disabilities — a meaningful opportunity to review and comment. Lewis urged the council to defer action until adequate notice and full documentation could be provided.

Outcome and next steps: The council approved the motion in a voice vote; Council President Barr recorded an opposition. The authorization instructs the town’s lobbying team to present proposed amendments or alternative edits to DHCD and to coordinate with the town attorney and lobbyist on drafting and testimony. Meeting participants noted testimony dates on the DHCD schedule and stressed that lobbyists may need latitude to respond quickly as the process develops.

The council adjourned after the vote. No formal ordinance or binding local law was adopted at the meeting; the action was limited to authorizing the town’s lobbying and advocacy strategy.