Resident questions whether developer must meet Belmar’s 20% affordable‑housing set‑aside; borough counsel says no

During public comment at the Belmar workshop, resident Eugene Creamer asked the council to explain a payment on the bills list to zoning‑board attorney Kevin Kennedy and whether a developer of a 24‑unit condominium project would be required to comply with a recently adopted 20% affordable‑housing set‑aside.

Creamer asked the council to review the payment on page 10 of the bills list and whether the borough was paying the zoning‑board attorney or whether the charge should have been billed to an applicant escrow. "Could you please take a look at, page 10? And, that's payment to, Kevin Kennedy. He's the zoning board of adjustment attorney. Borough is paying for this or whether there's been an escrow account," Creamer said.

Borough staff and counsel explained that escrow typically pays attorneys and engineers for work on an application before the zoning board, but if the matter proceeds into an appeal, expenses to defend that appeal can become the borough’s responsibility. Borough counsel clarified the legal rule on whether the developer must meet the 20% set‑aside: "The developer is entitled to the laws as they existed, at the time of their approval," the attorney said, describing the "time‑of‑application" rule. Council President Maria Mondaro concurred that the developer would not be subject to the later 20% requirement if the application predated that change.

The clerk noted there had been a second appeal to the Supreme Court that was withdrawn, and council members said the litigation appears to be winding down. Residents and councilors agreed the clerk and staff would follow up with additional details if Creamer wanted further information.

No new policy was adopted at the workshop; the exchange was part of public comment and informational response from staff and counsel.