TOWNSHIP OF SOUTH BRUNSWICK

PUBLIC NOTICE OF “FAIRNESS HEARING” TO APPROVE SETTLEMENT

OF MOUNT LAUREL LITIGATION

PLEASE TAKE NOTICE that a “Fairness Hearing” will be held on June 23, 2026 before the Honorable Thomas Daniel McCloskey, J.S.C. Superior Court of New Jersey, Law Division, at 1:30 p.m. at the Middlesex County Superior Court of New Jersey, 56 Paterson Street, 3rd Floor, Courtroom 306, New Brunswick, NJ 08903 to consider whether to approve a settlement between the Township of South Brunswick and Active Acq. Fresh Ponds, LLC (“Active”), in the Mount Laurel Builders Remedy Action entitled Active Acq. Fresh Ponds, LLC v. Township of South Brunswick et als., Docket Number MID-L-5941-25. Through this judicial proceeding, the Court will evaluate whether the Settlement Agreement is fair and reasonable to the region’s low- and moderate-income households according to the principles set forth in Morris County Fair Housing Council v. Boonton Tp., 197 N.J. Super. 359 (Law Div.1984), aff’d o.b., 209 N.J. Super. 108 (App. Div. 1986) and East/West Venture v. Bor. of Fort Lee, 286 N.J. Super. 311 (App. Div. 1996).  

Summary of the Settlement Agreement:  

• The subject property consists of portions of Block 18, Lot 22.02, located at 46 Fresh Ponds Road (the “Property”).
• The Agreement provides for (i) designation of the Property as an area in need of redevelopment rezoning, (ii) the adoption of a redevelopment plan pursuant to the Local Redevelopment and Housing Law to permit the redevelopment of the Property with a total of 302 units, and (iii) entry into a financial agreement wherein the Township shall grant to Active a long term tax exemption for the Property.
• The Agreement contemplates the construction of up to 302 total units: Eighty three (83) units will be deed-restricted affordable housing units for low- and moderate-income households or at least 27.5 percent of the total number of units if fewer than 302 units are approved for construction
• The Agreement requires the Township to incorporate the settlement into its Housing Element and Fair Share Plan (HEFSP) and to rezone the Property to permit its redevelopment in the manner depicted on the concept plan attached as an exhibit to the agreement.  

The executed Settlement Agreement and accompanying documents have been placed on file for public inspection and copying during regular business hours at the at the office of the Township Clerk, located at the South Brunswick Municipal Building, 540 Ridge Road, P.O. Box 190, Monmouth Junction, New Jersey 08852 during normal business hours. The Settlement Documents shall also be posted on the Township’s website. The documents can also be obtained from the Township’s affordable housing counsel, Jeffrey R. Surenian, Esq., or his paralegal, Laura Nelson at 732-612-3100.  

PLEASE TAKE FURTHE NOTICE that any interested party, including any low- or moderate-income person residing in the housing region, any organization representing the interests of low- and moderate-income persons, any owner of property in the Township of South Brunswick, or any organization representing the interests of owners of property in the Township of South Brunswick may file comments on, or objections to, the executed Settlement Agreement. Such comments or objections, together with copies of any supporting affidavits or other documents must be filed in writing, on or before 4 p.m. on June 9, 2026 with the Honorable Thomas Daniel McCloskey, J.S.C., at the Middlesex County Courthouse, 56 Paterson Street, New Brunswick, New Jersey, 08903, no later than June 9, 2026, with duplicate copies being forwarded by mail and, if possible, email, to the attention of the following: (1) Barbara Nyitrai, Township Clerk Township of South Brunswick 540 Ridge Road, P.O. Box 190 Monmouth Junction, NJ 08852, bnyitrai@sbtnj.net; (2) Jeffrey R. Surenian, Esq., Surenian, Edwards, Buzak & Nolan LLC, Township Affordable Housing Counsel, 311 Broadway, Suite A, Point Pleasant Beach, NJ 08742, jrs@surenian.com; (3) Francis M. Womack, Esq., Township Attorney South Brunswick, Municipal Building, 540 Ridge Road, P.O. Box 190, Monmouth Junction, NJ 08852, mwomack@sbtnj.net; (4)  Christine Nazzaro-Cofone, P.P., Court Appointed Special Adjudicator, Cofone Consulting Group LLC, 52 Reckless Place, Red Bank, NJ 07701, ccofone@cofoneconsulting.com; (5) Daniel L. Steinhagen, Esq., Beattie Padovano, LLC, counsel for Active, 200 Market Street Suite 401, Montvale, NJ 07645; (6) South Brunswick Planning Board c/o Thomas J. Molica, Jr. Esq., Vogel, Chait, Collins & Schneider, 25 Lindsley Drive, Suite 200, Morristown, NJ 07960, tmolica@vccslaw.com; (7) Joshua Bauers, Esq., Fair Share Housing Center, 510 Park Boulevard, Cherry Hill, NJ 08002, joshbauers@fairsharehousing.org.  

PLEASE TAKE FURTHE NOTICE that this notice is intended to inform all interested parties of the existence of the proposed Settlement Agreement and the possible consequences of Court approval of the Settlement Agreement. It does not indicate any view by the Court as to the merits of the Plaintiff’s Mount Laurel Builder’s Remedy Action, the fairness, reasonableness, or adequacy of the proposed settlement, or whether the Court will approve the Settlement Agreement. This Notice does not indicate any view by the Court, the Special Adjudicator, the Township, Active or FSHC as to whether the Court will approve the manner in which the Township proposes to satisfy its fair share.