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Resolution of the Mayor and Council of Princeton Authorizing a Bedroom Distribution Waiver Pursuant to N.J.A.C. 5:80-26.4 of the Uniform Housing Affordability Controls (“UHAC”)
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WHEREAS, the Uniform Housing Affordability Controls, N.J.A.C. 5:80-26.1, et seq. (“UHAC”), were enacted to establish uniform rules for the creation and administration of affordable housing units within the State of New Jersey pursuant to the New Jersey Fair Housing Act, N.J.S.A. 52:27D-301, et seq. (the “FHA”); and
WHEREAS, N.J.A.C. 5:80-26.4 of UHAC requires that affordable housing units created within a municipality meet certain income and bedroom distribution requirements; and
WHEREAS, as such, the requirements of N.J.A.C. 5:80-26.4 are set forth in Section T10B-336 of Article XII “Affordable Housing” of Chapter T10B “Land Use” of the Code of the Municipality of Princeton (the “Code”); and
WHEREAS, by Resolution adopted March 25, 2026, the Princeton Zoning Board of Adjustment (“Board”) granted Applicant, 344 Nassau LLC (“Applicant”) preliminary and final major site plan approval with use and bulk variances and design waivers to construct a 10-unit apartment building, including two designated affordable housing apartments, on property located at 344 Nassau Street, designated as Lot 214 in Block 32.01 on the Princeton Tax Map (the “Project”); and
WHEREAS, all units within the Project, including the two designated affordable housing units, are proposed to be two-bedroom units; and
WHEREAS, Section T10B-336(e)(4)(e) of the Code requires “[a]t least 20% of all low- and moderate-income units, rounded up shall be three-bedroom units. A developer may request from the governing body a waiver of the requirement to round up, upon demonstration that strict adherence to this requirements would cause undue hardship or would be site-infeasible”; and
WHEREAS, Condition #6 of the Zoning Board Resolution requires Applicant to “obtain approval from the Princeton municipal governing body in order to provide two two-bedroom affordable housing units rather than one two-bedroom and one three-bedroom affordable unit”; and
WHEREAS, in accordance with Condition #6 of Applicant’s approvals, by letter dated July 7, 2026 from Applicant’s counsel, Christopher S. Tarr, Esquire of Stevens & Lee, Applicant has applied for and requests approval of a waiver from the three-bedroom “round up” requirement as authorized and permitted by Section T10B-336(3)(4)(e) of the Code (the “waiver request”); and
WHEREAS, Applicant’s waiver request has been administratively reviewed and by memorandum report prepared by Justin Lesko, AICP, PP, Princeton Planning Director, dated July 9, 2026, it is noted that:
• Applicant submitted an initial development proposal for the site in 2023, which received a negative response from the Historic Preservation Commission (“HPC”) and organized opposition from a neighborhood group, Save Jugtown; and
• In response to the opposition received, Applicant worked with the neighbors and redesigned its proposed Project, reducing its size and number of units (15 to 10) and separating the new construction from the historic Horner House building on the site; and
• Applicant submitted a new application for the redesigned Project in 2025, earned a recommendation of approval from HPC later that year, and received approval from the Zoning Board by Resolution adopted March 25, 2026; and
• During the pendency of Applicant’s design efforts, amendments to UHAC were adopted by the State, which enable the granting of the relief sought here by Applicant’s waiver request; and
• Under the unique facts present with this application, including the unique conditions of the site, the location of the historic Horner House on the parcel, the particulars of the approved development which balanced the AHO-2 zoning parameters and the negotiations with the neighbors, all support the granting of Applicant’s waiver request; and
• Princeton currently has a surplus of designated three-bedroom affordable housing units, so this waiver request will not negatively impact the municipal balance or imperil compliance with Princeton’s affordable housing obligations; and
WHEREAS, the Mayor and Council of Princeton have received and reviewed Applicant’s waiver request, the approvals granted by the Zoning Board, and the July 9, 2026 staff report prepared by the Municipal Planning Director; and
WHEREAS, for the reasons set forth in the Planning Director’s July 9, 2026 report, the Mayor and Council are satisfied that strict adherence to the “round up” requirements of Section T10B-336(e)(4)(e) of the Code would cause undue hardship or would make the Project site-infeasible, and therefore, good and sufficient cause has been shown for approval of Applicant’s waiver request.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of Princeton, County of Mercer, State of New Jersey, on this 13th day of July, 2026, that Applicant, 344 Nassau LLC’s request for a waiver from the three-bedroom “round up” requirement of the Code for Applicant’s proposed Project located at 344 Nassau Street (Block 32.01, Lot 214) described above, as authorized and permitted by Section T10B-336(3)(4)(e) of the Code, is hereby GRANTED for the reasons set forth in the July 9, 2026 staff report prepared by Justin Lesko, AICP, PP, Planning Director.