Sayreville planning board adopts amended housing element, records objection from Rite Aid property owner

The Sayreville Planning Board voted on March 4 to adopt an amended fourth-round Housing Element and Fair Share Plan, approving a redevelopment-focused approach that planners say will allow the borough to meet a 240-unit affordable-housing obligation without a vacant-land adjustment.

Dan Levin, director of technical services for Acuity Consulting Services, told the board the borough "is now going to meet its entire 240 unit obligation, with new construction," after scrapping the prior vacant-land adjustment and substituting other compliance mechanisms including a Transit Village redevelopment designation.

Why it matters: The fourth-round plan affects how the borough counts sites and credits toward its State-mandated affordable-housing obligation. Levin said the plan folds several prior mechanisms into larger redevelopment strategies — including a Transit Village area, a Gillette Tower expansion carried forward as realistic development potential (RDP), and other sites he said would together generate credits above the 240-unit requirement.

During the public-comment period the owner of 3553 Washington Road — the former Rite Aid site — objected to the parcel’s inclusion. Attorney James Burns, representing the property owner, said the triangular 2.4-acre lot is "simply not suitable for residential housing, affordable or otherwise, given its size, shape, and location" and requested the lot be excluded from the housing plan; Burns also said his client has a lease in place and submitted a site-plan application that day to convert the building to a car wash.

Tyler Prime, counsel for the proposed tenant Spotless Flagship, said the company would not proceed with its planned investment unless the parcel were excluded and asked the board to make clear in the record that the property could be omitted from housing-yield calculations.

Board and consultant response: Levin said Acuity had tentatively modeled that parcel at roughly 25 units per acre with a 20% affordable set-aside — producing an estimated 13 affordable units — but that the borough’s overall fourth-round table showed a total yield of about 277 units, roughly 37 units above the 240 obligation. "We're providing, you know, 37 above the 240," Levin said, and he recommended adopting a "clean resolution" and addressing site-specific exclusions through the redevelopment study and coordination with the borough, the special adjudicator and state program staff.

Action taken: After public comment and discussion, the board closed the public portion and adopted the amended Housing Element and Fair Share Plan by roll-call vote. Board members noted the objection from the owner of 3553 Washington Road would be part of the record and suggested the borough and the special adjudicator be consulted about any formal exclusion or amendment during the redevelopment process; final decisions about removing a lot from a redevelopment area or plan would be made through the redevelopment study and by the mayor and council where required.

What remains: The property owner asked for a written confirmation that the lot would not be treated as available for residential redevelopment; the board instructed staff and Acuity to work with borough attorneys and the special adjudicator to clarify next steps. The plan now goes to the borough council for endorsement and any required follow-up with the mediation agreement or special-adjudicator procedures.

Votes at a glance: The planning board completed a roll-call vote at the March 4 meeting and adopted the amended Housing Element and Fair Share Plan as presented. The board placed objections in the record and signaled that site-level issues will be resolved through redevelopment study and council action.

The planning board also handled routine administrative items, including cancelling the March 18 meeting; the board adjourned after the session.