By Barbara A. Preston for The Montgomery News | Posted March 2, 2026 at 1:30 pm
Montgomery Township’s Fourth Round Housing Element and Fair Share Plan (HEFSP) received a recommendation for approval on March 2 from the Affordable Housing Dispute Resolution Program, despite initial challenges and a significant last-minute amendment. Program Chairman Thomas C. Miller, AJSC (Ret.), and Special Adjudicator Joseph Burgis, PP, AICP, have recommended that the court find the township’s amended plan to be constitutionally compliant with the New Jersey Fair Housing Act and the Mount Laurel doctrine.
Judge Miller, chairman of the NJ Affordable Housing Dispute Resolution Program, released his decision on March 2 to support a major revision to Montgomery Township's Round Four Housing Element and Fair Share Plan (HEFSP) — to remove the 300-plus-acre Kenvue site in Skillman.
As originally reported by The Montgomery News, the Kenvue site could have been approved for 417 housing units. Judge Miller's recommendation is to accept and approve the modified Montgomery's HEFSP — which also includes the removal of 23 Orchard, which would have allowed for a 180-unit apartment complex for the corner of Route 206 and Orchard Road in Skillman.
Judge Miller concluded the township should be given deference to modify its plan.
The recommendation is expected to go before Judge William G. Mennen for final approval.
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Judge Miller's conclusion is based on an evaluation by Joseph Burgis, PP, AICP, who is a special adjudicator appointed by the court to assist the Affordable Housing Dispute Resolution Program (the ‘Program’) with respect to Montgomery Township's application to modify its Round 4 affordable housing plan. (Docket No. SOM-L-153-25).
"...It is my understanding that a municipality has the right to choose how it is going to address its affordable housing obligation and so long as their selected approach is consistent," Burgis writes in his report.
Montgomery's initial HEFSP, filed in June 2025, included the former Kenvue headquarters site, now owned by E. Kahn Development Corp (EKD), which was proposed for a large inclusionary development.
This site was met with fierce challenges from various interested parties, including Montgomery Neighbors United (“Neighbors”), and SaveMontgomery.org. Concerns raised included environmental issues, water and sewer capacity, and the site's suitability for inclusionary housing.
Following a mediation session in November 2025, the township announced it would remove the Kenvue site from the plan. This move was welcomed by the public opposition groups but prompted EKahn Development to change its "preemptive challenge" into a full objection against the site's removal.
The Fair Share Housing Center (a nonprofit advocacy organization that uses legal, policy, and community-building strategies to fight for housing justice in New Jersey) also challengned the plan.
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The township’s revised plan now proposes to meet its 260-unit prospective obligation primarily through the extension of expiring controls on existing affordable units, totaling 273 units, including 96 units at the Pike Run Project. This new approach was submitted to the Special Adjudicator on February 13, 2026.
Judge Miller noted that the formal amendment to the township's housing plan has not yet been submitted and that the parties should have the right to comment once the formal amendment is prepared.
The township was directed to formally adopt and file its amended HEFSP and related implementing ordinances on or before March 15, 2026. This will be followed by a Fairness and/or Compliance Hearing to consider final approval and the issuance of a Certification of Compliance and Repose.
Retired Superior Court Judge Miller is a key figure in New Jersey affordable housing, serving as chair of the Affordable Housing Dispute Resolution Program, which handles Mount Laurel obligations. He plays a central role in approving municipal plans for the fourth round of obligations (2025–2035) and reviewing compliance, recently approving plans for Princeton and overseeing Somerville and Franklin Township.
According to Superior Court of New Jersey Law Division, Civil Part, Docket No. SOM-L-153-25 J
