Articles Affordable housing
Franklin's Fourth Round Housing Plan, Explained: 659, 268 and the Court Order
What Franklin's 2025–2035 affordable-housing numbers mean, which sites the plan uses, how the challenges were settled, what the court approved on February 9, 2026, and where The Haven at 260 Davidson Avenue stands, with the records' differing figures set side by side.
The short version
- 659 is the number of new affordable homes Franklin must plan for between 2025 and 2035 (the “Prospective Need”).
- 268 is a separate target: existing homes to rehabilitate (the “Present Need”). It is not part of the 659.
- The township’s plan, as amended after settlements, provides 522 units plus 165 bonus credits, 687 credits in all.
- A court order of February 9, 2026 approved the amended plan. The zoning was adopted in February and March 2026. As of October 29, 2026, the court has posted no Certification of Compliance for Franklin.
The case is In the Matter of the Application of the Township of Franklin, docket SOM-L-000169-25 (cited in letters as SOM-L-169-25), before Judge William G. Mennen, J.S.C., in Somerset County. The township’s counsel is Rainone Coughlin Minchello, LLC.
How the obligation was set
| Date | Step | Vote or source |
|---|---|---|
| January 28, 2025 | Res. 25-069 adopts a Present Need of 268 and a Prospective Need of 623 | Consent agenda, 8–0 (Potosnak absent) |
| January 29 or 30, 2025 | The township files its case with the Affordable Housing Dispute Resolution Program | The settlement agreement says January 29; the housing plan and Res. 25-160 say January 30; the court page lists the resolution as January 30 |
| February 27, 2025 | The New Jersey Builders Association challenges 623, asking that the number follow the state’s October 18, 2024 estimate | Recital in Res. 25-160 |
| April 2, 2025 | Mediation agreement with NJBA signed | Agreement |
| April 8, 2025 | Res. 25-160 endorses the NJBA settlement at 268 and 659 | Consent agenda, 8–0 (Francois absent) |
The date of the court order fixing 268 and 659. Two township records give different dates:
| Record | Date it gives for the order |
|---|---|
| Settlement agreement with Fair Share Housing Center (signed December 31, 2025), recital; housing plan appendix | April 8, 2025 (“which no party appealed”) |
| Res. 25-287 (adopted June 24, 2025; filed with the court June 30, 2025) | April 15, 2025 (“the Court issued an Order on April 15, 2025”) |
The order itself is not posted on the court’s page, and LocalWhy has not seen it.
The plan
The Planning Board adopted the Housing Element and Fair Share Plan (CME Associates, dated May 29, 2025) on June 18, 2025, and it was filed with the court on June 20, 2025. The Council endorsed it with Res. 25-287 on June 24, 2025; the minutes list that resolution on the consent agenda but do not reproduce it.
The plan meets 659 with sites that redevelop existing commercial land in the north and northeast of the township:
| Site | What is planned | Affordable units | Bonus credits | Credits |
|---|---|---|---|---|
| The Haven at Davidson, 260 Davidson Avenue | Convert a vacant extended-stay hotel to 142 apartments, all affordable (family rental) | 142 | 70 | 210 |
| Pomegranate Investments, 347 Elizabeth Avenue | Replace an office building with 200 units, 50% affordable | 100 | 50 | 150 |
| Royal Somerset Inn, 315 Davidson Avenue | 260 rentals, 50% affordable | 130 | 0 | 130 |
| 606–610 Franklin Boulevard | 120 age-restricted rentals, all affordable | 120 | 45 | 165 |
| Surplus from the Third Round | 19 | 19 |
As first adopted, the plan counted 676 credits (511 units plus 165 bonus credits), 17 more than 659. For Franklin Boulevard the plan’s summary table gives 45 bonus credits, while its site text says “120 Credits + 12 Bonus Credits”; the later settlement uses 45.
The challenges and the settlement
By the August 2025 deadline, Fair Share Housing Center (FSHC) and several developers had challenged the plan. The township settled with FSHC (signed by FSHC on December 31, 2025) and with Dunbar Homes, Inc. The Council ratified the FSHC agreement on January 13, 2026 (Res. 26-063, consent agenda, 9–0).
The settlement:
- adds an 11-unit affordable set-aside at Dunbar Homes’ site (Block 85 Lot 59.04, Hempstead Drive and Route 27: 55 apartments, 20% affordable), bringing the plan to 522 units plus 165 bonus credits, or 687 credits;
- required all implementing ordinances by March 15, 2026;
- requires the Davidson and Elizabeth Avenue projects to file land-use applications within one year of compliance certification and to pull building permits within two years;
- requires a redeveloper for 606–610 Franklin Boulevard to be designated within a year of its plan.
At the Planning Board on February 18, 2026, the minutes record, Planning Director Mark Healey said the township had shown the program and Fair Share Housing that its plan “was adequate and met the obligation,” and that “the judge insisted that they include one (1) site (Dunbar Home site in front of Hempstead Gardens) that he felt was valid.” The Board adopted the plan addendum 9–0.
The court order
On February 9, 2026, Judge Mennen entered a Decision and Order approving the plan “as amended in accordance with the settlements with Challengers Fair Share Housing Center and Dunbar Homes, Inc.,” dismissing the other challenges and requiring implementing ordinances by March 16, 2026. This comes from the township’s March 13, 2026 letter to the court; the order itself is not posted.
The dismissed challengers, as the letter names them: El-Ion Franklin Development Group, LLC; El at Franklin, LLC; MCS Franklin II, LLC; PES Franklin, LLC; LLL 46, LLC; Home America Rental, LLC; RAR 287 Cedar Grove, LLC; and Franklin Associates II, LLC. No appeal was found in a search of published opinions; pending appeals cannot be searched without an eCourts account.
The zoning
| Ordinance | What it does | Adopted |
|---|---|---|
| 4489-26 | MFIZ-4 inclusionary zone, Royal Somerset (315 Davidson Avenue) | February 10, 2026, 8–0 |
| 4490-26 | MFIZ-2, Pomegranate (347 Elizabeth Avenue) | February 10, 2026, 8–0 |
| 4491-26 | MFIZ-1, 260 Davidson Avenue | February 10, 2026, 8–0 |
| 4492-26 | MFIZ-5, Dunbar Homes | February 10, 2026, 8–0 |
| 4493-26 | Franklin Boulevard Redevelopment Plan | February 10, 2026, 8–0 |
| 4496-26 | Affordable-housing development fees | March 10, 2026, 9–0 |
| 4497-26 | Affordable housing ordinance (Chapter 81) | March 10, 2026, per the township’s March 13 letter |
The February 10 votes were: ayes Anbarasan, Kharazi, Kramer, Onyejiaka, Uddin, Singh, Vassanella, Wright; Francois absent. Edward Anselmi (Anselmi & Carvelli), for the owners of The Palace at Somerset Park, asked the Council to carry 4489-26 for two weeks; the township attorney advised that a delay would violate a court-ordered deadline. No one else spoke at the five hearings.
The township sent the ordinances to the court on March 13 and 25, 2026 and asked for a “HEFSP Confirmation Hearing” so that a Certification of Compliance can issue. The Council endorsed the amended plan on March 24, 2026 (Res. 26-150, consent agenda, 8–0, Wright absent).
The Haven at 260 Davidson Avenue
The Haven is the furthest along of the sites. Its records:
- February 10, 2026: Res. 26-092 approves a developer agreement with Haven LLC for 142 units, all affordable (19 at 35% of area median income, 53 at 50% and 70 at 60%), with all municipal fees waived and a PILOT “subject to a separate approval.”
- September 22, 2026: Res. 26-415 approves a development agreement and notice of intent with CWP-ASR Somerset I LLC and CWP-ASR Somerset II LLC (consent agenda, 5–0). Its resolving clause and the heading of its attachment name “the Township of Marlboro”; its title, recitals and the clerk’s certification name Franklin.
- October 13, 2026: Ordinance 4520-26 adopts a financial agreement: the project is exempt from property tax “for so long as the Project remains subject to affordability controls,” with an annual service charge of 4.00% of annual gross revenue. Introduced September 22, 5–0; adopted 9–0. No one spoke at its hearing.
The records give different figures for the township’s trust-fund contribution and for the deed restriction:
| Record | Date | Trust-fund contribution to The Haven | Deed restriction |
|---|---|---|---|
| Spending plan, Exhibit E to Res. 25-287 | June 2025 | $1,200,000 | Not stated |
| Res. 26-092, Haven developer agreement | February 10, 2026 | $1,700,000, “in four (4) tranches upon achievement of specified construction milestones” | 40-year affordability deed restriction |
| Amended spending plan, Res. 26-388 (as reproduced in the minutes) | September 8, 2026 | $3,500,000 | Not stated |
| Res. 26-415, CWP-ASR development agreement | September 22, 2026 | Not stated | ”at least thirty (30) years” |
| Ord. 4520-26, PILOT | October 13, 2026 | $3,500,000 (“has agreed to allocate”) | Tax exemption runs “for so long as the Project remains subject to affordability controls” |
The amended spending plan of September 8 also commits about $3,440,000 to 606–610 Franklin Boulevard, $7,200,000 to 315 Davidson Avenue and $2,500,000 to 347 Elizabeth Avenue. It was adopted on the consent agenda, 9–0.
What residents said on October 13, 2026, as the minutes record:
- Carla Visser (1107 Conrad Way) asked the township to pause the project, citing diesel exposure near I-287.
- Terri Thorsten (18 Lebed Drive) opposed it over truck traffic and a lack of transit.
- Sharon Czebatar asked about nonprofit partners.
- Kiki Anatasakos questioned “the 40-year PILOT agreement, the lack of school district funding from PILOT money, and the destination of PILOT funds.”
The Township Attorney and Council members cited nearby groceries, pharmacies and transit shuttles and called the project “a model for compliance” that avoids higher density on farmland. The minutes record the Council’s response that “the 40-year PILOT structure is intended to incentivize development while protecting school budgets.” Neither the ordinance nor the development agreement read by LocalWhy states a 40-year term.
What is not known
- The text of the February 9, 2026 order and of the April 2025 obligation order.
- When the confirmation hearing will be held, and when a Certification of Compliance will issue.
- The Council’s recorded vote on Res. 25-287 (June 24, 2025).
- Whether site plans have been filed for Royal Somerset, Pomegranate, Dunbar or Franklin Boulevard; none appears on Planning Board agendas through October 21, 2026.
- The township’s signature date on the FSHC agreement, which is illegible in the posted scan.
What residents can do
- Site-plan hearings. Royal Somerset (MFIZ-4), Pomegranate (MFIZ-2), Dunbar (MFIZ-5) and 606–610 Franklin Boulevard each need Planning Board approval, with a public hearing.
- PILOT ordinances. Any further PILOT for these projects needs a Council ordinance with a public hearing. See Redevelopment and PILOTs.
- The court. The confirmation hearing on SOM-L-000169-25, once scheduled, is a public court proceeding. Filings are posted on the NJ Courts Somerset affordable-housing page.