However, borough officials say they are moving forward with development
A plan to build 80 townhomes and 10 to 12 affordable housing units at the former Bancroft site is moving forward despite a recently surfaced lawsuit involving the development.
The lawsuit, which was filed in 2016 by the Cherry Hill-based Fair Share Housing Center, claims the borough’s redevelopment agreement is in violation of state affordable housing laws. It was discussed at length during the July 18 commissioners meeting after residents said they learned of the lawsuit from an NJ Pen article.
Attorneys for the borough and FSHC said the case is in mediation and has been handed over to a court-appointed special master.
It’s not the only legal action involving the Bancroft property. A group of residents led by former mayor Jack Tarditi filed a lawsuit in March challenging amendments to the redevelopment plan.
In a complaint filed in 2016, FSHC called for the court to step in and mandate a higher density for the Bancroft development as well as additional affordable units, according to court documents.
FSHC also claimed in the original complaint that the 19.2-acre Bancroft site could reasonably accommodate at least 45 low-income units.
“We’re trying to get Haddonfield to comply with the law,” FSHC’s Executive Director Kevin Walsh said in a recent interview.
Attorneys for the borough and the planning board, both defendants in the lawsuit, filed answers in court denying FSHC’s claims.
Borough Solicitor Mario Iavicoli said the case has been delayed because the special master appointed by the court has been very busy handling similar lawsuits. However, he said any potential settlement would not significantly impact the development of the Bancroft site.
“There’s enough land there to add additional affordable units,” Iavicoli said. “It won’t be a problem.”
Residents at the July 18 commissioners meeting questioned why the plan hasn’t been put on hold in light of the FHSC lawsuit.
“There aren’t any restraining orders or injunctions or anything like that against us, so, short of someone filing one, we can proceed and have been,” Commissioner John Moscatelli said at the meeting.
“The impact on the project is minor,” he added. “It’s not something that’s going to stop the project.”
Borough Administrator Sharon McCullough said July 18 that the courts may determine Haddonfield is in need of between 500 and 700 affordable units. However, that number would likely be adjusted to a much lower figure because of a lack of developable land in the borough.
McCullough and other borough officials said the town will also probably move toward putting low-income housing units in a designated lot behind Borough Hall to meet the town’s quota.
In regard to the Bancroft property, she said the borough is going to proceed with the redevelopment agreement with 10 to 12 affordable units until the court approves a different plan.
“We are just working on the premise that our plan is still in place until we have something different,” McCullough said at the meeting.
Walsh, of FSHC, questioned the borough’s commitment to affordable housing and said officials have taken little action toward developing the lot behind Borough Hall.
“Haddonfield has a total of four homes that are affordable in the King’s Court section,” he said. “The only reason they exist is because we sued that developer.”
In addition, Walsh said the plan to turn the Bancroft site into “age-targeted” living facilities is illegal and discriminatory.
“They’re openly discriminating against families,” he said. “Age-targeting is like saying we’re going to market based on race (or) religion. You’re not allowed to do it.”
“What Haddonfield has done here is really thwart compliance with the law by trying to put Bancroft substantially off limits,” Walsh added.
