Updated: Jan 30
E. Kahn Development, the prospective developer of the former Kenvue campus on Grandview Road and Route 601 in Skillman, is suing the Montgomery Planning Board. The lawsuit, filed in Somerset County Superior Court on Jan. 22, claims the township is "trying to prevent redevelopment after initially including the site in an affordable housing plan."
Montgomery officials and two nonprofit groups — SaveMontgomery and Montgomery Neighbors United —are asking a Fair Share Housing judge to withdraw Kenvue from the township's Fourth Round affordable housing plan.
Kenvue Developer Eli Kahn is now suing the Montgomery Planning Board for "improperly" refusing to hear his general development plan to develop its property as a manufacturing site.
Montgomery Planning Board will hold a public hearing on its amended affordable housing plan at the municipal building on February 23 at 7 pm.
"The Township has caved to public pressure and is now representing that it intends to remove the property from its HEFSP." – E. Kahn Development
As reported previously by The Montgomery News, Kahn is now seeking to build manufacturing, light-industry, as allowed under the current zoning. This could include everything from lab space to micro-breweries, coffee roasters, or even indoor recreational space such as a climbing gym — similar to the Princeton Business Park in Rocky Hill on Crescent Avenue, or Flemington Business Park, or Hillsborough Business Center. Some business parks include recreational facilities such as The Little Gym in Hillsborough or the Gravity Vault Indoor Rock Climbing venue in Flemington. Also, small-scale warehouse or storage buildings would be permitted.
In addition to the manufacturing site, EKahn Development could also opt to build 14 single family homes on the north side of Grandview Road according to Montgomery’s current zoning.
The filling of this lawsuit comes as no surprise. Kahn has talked about this at multiple public meetings during the past few months. The Montgomery News reached out to Township Administrator Lori Savon for a comment, but she said: "The township has not yet been served" as of Jan. 29.
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Kenvue is the spin-off of Johnson & Johnson's consumer health division, recently moved to a new global HQ in Summit. Kimberly-Clark is in the process of acquiring Kenvue, but that should not impact any plans for the Skillman site, which was previously used as a manufacturing site for disposable diapers.
At a hearing before the Fair Housing Plan judge on December 19, SaveMontgomery and Montgomery government officials both requested the Kenvue site be withdrawn from the Fourth Round Fair Housing Plan.
The developer E. Kahn argued that their proposed 417-unit housing development on the Kenvue site should be included. Based on the timelines, the judge was supposed to issue a ruling by December 31, but as of January 27, that had not yet happened. The following is a statement from SaveMontgomery’s attorney:
Judge Thomas C. Miller (a key NJ Superior Court expert in Mount Laurel affordable housing law) has not yet issued his recommendation as to the Montgomery affordable housing plan.
Although it has been fully briefed and argued, there are several dozen affordable housing cases in multiple towns and Judge Miller has not been able to issue all of the decisions in the short time available.
Nevertheless, the Township has withdrawn the Kenvue project from its affordable housing plan and we expect that Judge Miller will approve the Montgomery plan, as amended, since the town has the right under the statute to propose its own affordable housing plan, including the removal of Kenvue. Once Judge Miller issues his recommendation, it will go to the Somerset County Assignment Judge for a final decision. After that, the developer or the challenger can appeal, if necessary.
Additionally, during the Township Committee meeting on January 22, an update was given by Township Attorney Wendy Rubinstein’s law firm in which they confirmed that they were moving forward on the amended plan, given the March 15 deadline to file it.
Rubinstein’s firm confirmed that extension of controls on existing affordable units, both owned and rentals, would satisfy the plan requirements, and thus remove Kenvue from the plan.
Their goal is to introduce ordinances implementing this plan at the next Township Committee meeting on February 5.
Subsequent to this, they are targeting the February 23, Planning Board meeting for the public hearing for the revised plan.
