Urgent Issues

Settlement Agreement with Fair Share Housing

In July 2021, the Millburn Township Committee voted to authorize the execution of a settlement agreement with the Fair Share Housing Center (FSHC). This settlement agreement was reached after confidential negotiations. Additionally, the township’s retained counsel advised the township committee that even the contents of the settlement agreement were to be kept confidential from residents up to and until approval by the township committee.

The settlement agreement allows for developments at Woodland Ave, the old Wells Fargo site, the old Annie Sez site, among others. It also includes a high-density 75 unit income-segregated development on a portion of the current Department of Public Works (DPW, colloquially known as the town dump). 

The agreement further includes a change in the zoning for several areas of our town, including almost the entirety of downtown Millburn, large swaths of Millburn across Millburn Ave from South Mountain adjacent to the train tracks, the areas south and east of the Millburn ShopRite, portions of Short Hills abutting Morris Turnpike, Canoe Brook Country Club, and the area across JFK Parkway from the Mall at Short Hills.  These zoning changes include the ability to build residential complexes with densities up to 40 units per acre.

The proposed zoning changes will fundamentally alter the look, feel, and culture of our town.  It will transform our town from a small close-knit suburban community comprised mainly of single family homes to a more urban environment with series of giant apartment complexes that are designed to maximize density and developer profits.  There will be massive increases in traffic, noise, and congestion.  These zoning changes will irreparably harm our community and will haunt us for decades to come. 

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9 Main - Proposed Ultra High-Density 100% Very-Low, Low, and Moderate Income Housing Project



There will be no market rate units in the proposed development. 100% of the housing units would be for income-restricted residents. There will be no opportunity to integrate individuals of different income levels.



Site investigation reports have detected excessive concentrations of antimony, arsenic, beryllium, lead, mercury, and benzo(a)pyrene. The town may continue to be liable for future residents’ health issues, even if remediation occurs.



Fully segregated housing on a former dumping site will cause residents to be shunned. Because the building would be located right next to the middle school, children would be ostracized and subject to undue mental harm.

Proposed Zoning Overlays


B2 - Millburn Avenue Zone

This area extends from the former Annie Sez Property down to Myrtle Ave and between Millburn Ave and the train tracks. 

The overlay zone permits a density of 40 units per acre.


B2 - Morris Turnpike

This area includes the commercial area northeast of Morris Turnpike, from the AT&T store adjacent to the frame shop down to Benihana. 

The overlay zone permits a density of 18 units per acre.


B4 - Zone

This area encompasses Downtown Millburn, including the area between Essex St and Millburn Ave, as well as surrounding streets. 

The overlay zone permits a density of 25 units per acre.


CMO Zone

This is the area south and east of the Millburn ShopRite, bounded by Main Street to the west and Interstate 78 to the south. 

The overlay zone permits 18 units per acre.


OR-1 Zone

This is the complex across JFK Parkway from the Mall at Short Hills, currently where the Hilton and assorted office buildings are located. 

The overlay zone permits 20 units per acre.


C Zone - Canoe Brook

The overlay zoning permits 8 units per acre.

Let The Numbers Speak

Overlay Zones permitting massively dense housing
Units per acre in many areas of town
Fully income segregated housing units built atop the town dump
Estimated Population Increase