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Dear Clark Township,

Please accept this electronic request for public records made under OPRA and the common law right of access. I am not required to fill out an official form or use a particular software platform to submit my request per NJSA 47:1A-5(f), which states that an email from a requestor including all of the information required on the adopted form shall suffice in place of a completed form as a valid government record request.

I HAVE NOT been convicted of any indictable offense under the laws of New Jersey, any other state, or the United States.

I WILL NOT use the requested government records for a commercial purpose.

I AM NOT seeking records in connection with a legal proceeding.

Records requested:

A. The Fourth Round plan documents

1. The Fourth Round Housing Element and Fair Share Plan adopted by the
Planning Board on or about June 5, 2025 (the plan document presented by
Township Planner Paul Ricci at that meeting), including all appendices,
exhibits, and the site inventory / credit tables.
2. The Amendment to the Fourth Round Housing Element and Fair Share Plan
approved by Planning Board resolution on or about February 5, 2026,
including the revised spending plan referenced in the minutes of that
meeting.
3. The Vacant Land Adjustment (VLA) analysis referenced in the June 5, 2025
and February 5, 2026 Planning Board minutes (the analysis concluding a
Realistic Development Potential of zero units).

B. Settlement / mediation records

4. The mediation agreement and/or settlement agreement between the Township
and Fair Share Housing Center referenced in the February 5, 2026 Planning
Board minutes as requiring the plan amendment, together with any court order
approving it (Docket No. UNN-L-000415-25 or successor).
5. The Township's Round 3 settlement agreement with Fair Share Housing
Center (approved by the Court's fairness order of January 13, 2017) and
the court's Judgment of Compliance and Repose (or conditional judgment)
following the compliance hearing scheduled October 3, 2017, together with
the certified plan's credit tables.

C. Annual monitoring — the records after the last posted ones

The Township's website posts a Project/Unit Monitoring report dated
November 28, 2022 and a Trust Fund report through December 31, 2021.
I request the successors:

6. Each annual affordable housing monitoring / status report (project and
unit monitoring) prepared for or filed by the Township for 2023, 2024,
2025, and 2026 to date, including any posted or transmitted to Fair Share
Housing Center under the Township's settlement reporting obligations.
7. Each Affordable Housing Trust Fund report (revenue, expenditures, and
balance) for calendar years 2022, 2023, 2024, and 2025, in the same
format as the posted December 31, 2021 report — native Excel preferred if
maintained in that format.
8. The current Spending Plan for the Affordable Housing Trust Fund (as
revised by the February 2026 amendment).

D. Unit-level status of the credited projects

9. For each of the following projects, the most recent record showing
certificate-of-occupancy status and the number of affordable units
completed and occupied/leased: Walnut Avenue (Block 155, Lots 7 & 10 — 27
affordable units), Brookside Manor (Block 63 — 6 units per the 2022
monitoring), 60-62 Westfield Avenue (1 unit), 52 Westfield Avenue (12 units
per the 2022 monitoring, subsequently 21 per the 2025 amended approval),
and the A&P site (11 units). The administrative agent's (CGP&H, LLC) most
recent rent-up / compliance report for each satisfies this item if that is
the record held.

E. Historical production (1987–2015)

10. Any record identifying affordable units actually constructed and
credited within the Township between 1987 and 2015 under the Township's
first- and second-round Fair Share Plans — such as the credit inventory in
the certified 1997/2001/2004 plans, COAH monitoring submissions retained
by the Township, or certificates of occupancy for the four Round 1
inclusionary sites zoned for 42 affordable units. If the Township holds no
such record beyond the ARC group homes (1985, 1995, 2000) and Woodcrest at
Clark (2015), a statement to that effect satisfies this item.

If any item is voluminous, I welcome phased production, beginning with items
1, 4, 6, and 7. If any record is claimed exempt, please identify it and the
exemption with specificity and produce the remainder. If some records are
already posted online at a location I have missed, a link satisfies this
request for those records.

My preferred delivery method for response(s) to this request is by E-mail as attachments. Please confirm you have received this request. If you are not the custodian of records, please forward my request to that person and provide their email address to me for future reference.

Yours faithfully,

John Greaves

Nicole Castellucci, Clark Township

Your request has been received and will be processed in accordance with the Open Public Records Act.

show quoted sections

Christina DiPalo,

1 Attachment

Dear Mr. Greaves,

 

Please see the attached letter.

 

Christina M. DiPalo, Esq.

La Corte, Bundy, Varady & Kinsella

989 Bonnel Court

Union, NJ 07083

(908) 810-0500 (office)

(908) 810-0513 (fax)

[1][email address]

 

References

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We don't know whether the most recent response to this request contains information or not – if you are John Greaves please sign in and let everyone know.