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Resident raises alarm about trees after affordable-housing waiver; board points to state law limits
Summary
A Hillsborough property owner told the Planning Board that a Glengarry affordable-housing settlement allowed removal of more than 2,000 trees without replanting; board counsel said court precedent and state rules constrain municipal ordinances in affordable housing matters and suggested legislative contacts as recourse.
Maria Janusick, a Hillsborough Township property owner, told the Planning Board during public comment that an applicant (Glengarry) received a waiver allowing the removal of over 2,000 trees and would not be required to replant them because the project is part of an inclusionary affordable-housing settlement.
Janusick cited Ordinance 2024-16 on tree preservation and said the loss of trees is particularly worrying where there are freshwater wetlands and a flood-hazard area nearby. She asked what recourse residents have when a settlement or court order appears to override local protections. Board counsel and other officials explained that prior court rulings and state law have constrained municipalities’ ability to use local ordinances to block affordable housing and that settlements or court determinations often control conditions in those cases.
Board counsel suggested residents contact their state legislators to pursue legislative changes if they wish to alter the applicable law. The board clarified that such waivers or settlement-driven approvals reflect decisions or requirements set by courts and the legislature rather than the planning board’s discretionary action.
Janusick and board members discussed the tension between local environmental concerns and the legal framework governing affordable-housing approvals; no formal board action on the Glengarry matter was taken at this meeting.
The board’s response highlighted the limits of local regulatory control where state law and court rulings govern affordable-housing settlements and reiterated that residents seeking change should direct questions to elected state representatives.
