Court-appointed mediator recommends major revision to Wayne's housing plan
By: Philip DeVencetis
NorthJersey.com
USA Today Network - New Jersey
WAYNE - The township should put two more developments in its affordable housing plan because its current plan contains projects that are unfeasible, according to a court-appointed mediator.
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Mark Troncone, a retied judge, wrote in a 31-page recommendation that proposed developments at 1982 Hamburg Turnpike and 1600 Valley Road should be in the plan since they are likely candidates for future housing.
..... The proposals represent a total f750 housing units, including 190 for low-income families. "While it is true the Fair Housing Act grants municipalities a good deal of discretion in formulating their fair share plans, that discretion is not as broad as suggest by the township," Troncone wrote. "The discretion afforded to municipalities must be balanced by affordable housing obligations as mandated by New Jersey Supreme Court decision or over 50 years."
..... Troncone, who retired form his Ocean County bench in August 2024, was one of two special adjudicators assigned to mediate the following disputes between the township and developers that challenged its housing plan.
* The Hamburg Turnpike developer is March Associates Constriction Incorporated. The Zoning Board of Adjustment denied its proposal for 285 units for senior citizens in July 2025. It's latest plan calls for 450 units, including 90 affordable units, at the 16.6-acre site.
* The Valley Road developer is Toll Brothers Incorporated of Fort Washington, Pennsylvania, The builder is under contract to buy the 50-acre site from William Paterson University. Its latest plan is for 300 units, a third of which would be set aside for low-income families.
..... "The essential goal of the fair Housing act is to provide the best opportunity for affordable housing," Troncone wrote. "to that ned, it is hte oblegaiton of municipaliites to prepare plans to accomplish that goal. As currently constituted, the township's plan does not."
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The Hamburg Turnpike and Valley Road projects are realistic, Troncone said. In contrast, redevelopment of Preakness Shopping Center has yet to pan out - and there is nothing to suggest that it will.
..... The adjudicators also took exception with Wayne relying on North Jersey Country Club as a viable housing site, recommending that it be removed form the plan. the club property was incorporated as an overlay zone, potentially yielding hundreds of units, and hat surprised one of its executives.
..... Louis March Jr., the president of March Associates, emailed the country club official on January 29 [2026] to ask why the sprawling golf courses was in the housing plan. "I'm not suer how we ended up on that list, but North Jersey Country Club has been in existence for over 150 years and has no intention of selling the property or any piece of the property for the foreseeable future," said Kenneth Fioriana, the club president.
..... That email exchange is now an important part of the record, Troncone said. Even if the court rejects it as hearsay, Troncone said, it shows that the township "failed to perform its due diligence" when preparing its housing plan.
..... Attorneys for March Associates and toll Brothers wrote letters to Judge Darren Del Sardo, sitting in state Superior court in Paterson, requesting that he enter an order to direct the township to revise its housing plan within two months.
..... Brian Chewcaskie, an attorney for the township, objected to the adjudicators' findings as "legally and factually flawed" and asked to meet with the judge.
..... "The court should not just accept the recommendation' Chewcaskie wrote on August 28," [2026] until all parties have a chance to address any concerns and raise appropriate objections."