Madison council approves settlements to preserve Drew Forest, clears path for campus parcels and affordable housing

The Borough of Madison mayor and council voted unanimously at a special meeting to approve two resolutions authorizing settlement agreements that preserve the Drew Forest and subdivide portions of the Drew University campus for future affordable housing and related uses.

Borough attorney Greg Castano told the council the settlements resolve outstanding obligations from the council’s so-called 3rd round of affordable-housing obligations and address items in a newly started 4th round. Under the terms outlined by Castano, five parcels (A–F) will be created on the Drew campus: Parcels A and D together make up the Drew Forest; Parcels B and C are smaller lots intended for development; Parcel E is a narrow area near the Madison House (no active changes planned beyond possible stormwater use); Parcel F includes the Madison House and roughly 1 acre of parking.

Why it matters: Castano said the borough will purchase Parcels A and D (the Drew Forest) for $23,800,000, with funding coming largely from a mix of federal, state, county and local grants plus private donations, and that Parcel F would be purchased for $400,000. The settlements call for a deed restriction to be recorded to prohibit further development of the preserved property in perpetuity, and Castano emphasized that approving the resolutions tonight is an early procedural step before court and planning-board review.

Castano described the public and regulatory sequence that would follow if the settlements are entered: a court hearing on the settlement (he said applicable law requires at least 30 days’ public notice before that proceeding), environmental due diligence by the borough, subdivision applications to the Madison Planning Board (with public notice and opportunity for comment), and—after subdivision—an opportunity for the borough to purchase the forest within 30 days. He said the settlement is intended to end the Drew litigation pending in Morris County superior court.

Several residents and conservation activists praised the settlement during the public-comment period. Judy Kroll of Friends of the Drew Forest thanked the council and asked for parcel acreages; Castano later provided those figures: “Parcel A is going to be 36.687 acres. And parcel D…is going to be 10.301 acres…Parcel F…approximately 1.1 acres. Parcel B is going to be 4.492 acres. Parcel C is going to be 3.87 acres. And Parcel E is going to be probably about 1.3 acres,” he said.

Cathy Cacavalli asked whether Parcel E would be acquired by the borough or remain university property under a conservation easement; Castano answered that no conservation easement will be placed on Parcel E and it will remain in the university’s hands, though the settlement will constrain what may occur there. Claire Whitcomb asked whether the settlement fully ends the Drew litigation; Castano said settling is the settlement’s purpose and that it would end that litigation if entered and approved by the court. He also cautioned he could not provide a legal opinion about how a future insolvency or bankruptcy might affect deed restrictions.

The clerk read the resolutions (Res. 340-2025, authorizing a settlement agreement with Drew University, docket MRSL1694-15; and Res. 341-2025, authorizing settlement of claims raised by Fair Share Housing Center, docket MRSL237-25). Motions to approve each resolution were made and seconded, and the clerk conducted roll-call votes. The roll call as read in the record returned all affirmative votes; the resolutions were approved by unanimous roll call.

Next steps: If the parties finalize a written settlement, Castano said the court would schedule a public hearing (likely after required notice), the borough would conduct environmental due diligence, planning-board subdivision hearings would follow with public comment, and the borough would have a limited window to complete the purchase after subdivision. The mayor said officials expect more public meetings and resumed review of details in the weeks ahead; the borough’s reorganization meeting was announced for Jan. 3.

The council held no contested votes at the special meeting; the resolutions passed. Public comment focused on gratitude for preservation, questions about parcel acreages and the legal durability of deed restrictions; several residents volunteered to assist with private fundraising that Castano said is part of the funding package.