Belmar council discusses settlement‑linked overlay zones as residents warn of denser development on 4th Avenue

Belmar — Council members and planning staff spent the workshop portion of the borough meeting outlining two proposed mixed‑use overlay zones that are part of a court‑conditioned settlement to meet the borough’s round‑4 affordable housing obligations.

The planning consultant said the overlays were negotiated with Fair Share Housing Center and the borough’s planners and presented to a special adjudicator as part of a comprehensive settlement package. The consultant warned that the judge’s recent approval of the settlement is conditioned on the borough adopting the required ordinances and that the borough has until March 16 to act. “If the borough doesn't do it by March 16 … the borough would immediately be stripped of its immunity and be exposed to builders’ remedy suits,” the planning consultant said.

Officials emphasized that the overlay designation is optional for property owners — a developer could still build under existing zoning if desired — and that the ordinance will be sent to the planning board for a consistency review and a public hearing. Staff said the planning board hearing is expected March 4, with final adoption planned for March 10.

Residents attending the workshop pressed council members for clarity about where overlays would apply and urged the council to avoid placing overlays near Ocean Avenue and 4th Avenue. Resident Shawn Carrens, who gave his address to the clerk, said the change could turn 4th Avenue into a thoroughfare for larger developments and create safety concerns for local families: “I don't want cars zooming down 4th Avenue to get to a … complex,” Carrens said.

Council members and staff repeatedly described the overlay approach as the “path of least resistance” to avoid larger or court‑driven projects. Staff said that without the settlement the borough could face developer litigation or court approvals that might result in denser, taller buildings in residential areas. One staff speaker summarized the trade‑off this way: adopting the negotiated overlay ordinances would leave the borough with zoning options and a longer runway to meet obligations, while rejecting them could prompt more aggressive development proposals and legal exposure.

The workshop discussion also included timing and obligation details: borough speakers said the realistic development potential negotiated as part of the settlement reduced the borough’s new‑construction obligation and that a separate 7th Avenue project would count toward meeting some of the required units. Officials noted that the full unmet need calculation and the borough’s obligations extend across future administrations and that the borough expects to use its Affordable Housing Trust Fund in part to support the work of meeting its obligations.

Next steps: the council introduced the overlay ordinance package for review and scheduled the planning board hearing; the public will have the opportunity to comment at the planning board review and the March 10 final adoption hearing.