Zoning board to consider dismissal tied to 660 Passaic settlement that rezoned site for 32 townhouses with seven affordable units

The Township of Washington Zoning Board discussed on May 19 a settlement tied to pending litigation over a long-disputed proposal at 660 Passaic.

Board members said the mayor and council have rezoned the parcel under a settlement intended to partially resolve an appeal of the board’s prior denial of a shopping-center proposal. Under the settlement as described to the board, the applicant has agreed to apply to the planning board for a 32-unit inclusionary townhouse development that would include a minimum of seven affordable units; the town will receive affordable-housing credit if the plan proceeds as described.

Because the zoning board is a named party in the appeal, the board must take a formal, ministerial step to remove itself from the litigation if it concurs with the dismissal. Members noted a risk: if the board declines to sign the dismissal and a judge later rules for the appellant on the original case, the result could be remand and a different outcome for the property. Chairman Guest urged members to raise any legal objections grounded in evidence; absent such a reason the board’s action would likely be procedural.

The settlement documents had arrived shortly before the meeting, so members agreed to hold a special meeting to review the written agreement, to allow township counsel to appear and answer questions, and to ensure proper notice and quorum. The board discussed possible dates and targeted a special meeting for June 4, subject to public-notice requirements and member availability.

No formal dismissal or vote occurred at the May 19 meeting; the board will consider the written settlement at the special meeting and may be asked to execute the dismissal as a ministerial step if members have no legal grounds to object.