A Marmora owner asked to drop
two affordable housing units.

By Justin Kelly

NJ Real Estate Broker-Salesperson

Northbound US Route 9 entering Marmora in Upper Township at sunset
Marmora, NJ · photo Mr. Matté, CC BY-SA 4.0
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When the Upper Township Planning Board approved 342 US Route 9 South in 2022, it required two affordable housing units there. The owner asked the board on September 3 to remove that requirement.

Marmora · the condition at issue covers 2 units OF ON-SITE AFFORDABLE HOUSING

What was reported

  • The Upper Township Planning Board had an application on its September 3 agenda to modify a 2022 approval at 342 US Route 9 South in Marmora, by removing the condition that required two on-site affordable housing units
  • The applicant, Foglio Family, LLC, is also seeking amended preliminary and final major site plan approval and D(2) use variance relief on Block 600 Lot 40
  • It was an application, not a decision, when this was written. The board meets at Township Hall, 2100 Tuckahoe Road in Petersburg

The story

The Upper Township Planning Board's September 3 agenda listed an application from Foglio Family, LLC for 342 US Route 9 South in Marmora, Block 600 Lot 40. Upper Township is in Cape May County, and Marmora is one of its sections. The application asked the board to amend a 2022 approval, Resolution BA 13-2022, by removing the condition that required two affordable housing units on the site.

The request covers two things: a revised approval of the site plan, the board's approval of how the property is laid out and built, and a use variance, the board's permission for a use the zoning does not normally allow. The agenda lists it as D(2) use variance relief.

The agenda does not describe what is built or planned at the site, how many units the 2022 approval covers, or why the change was requested.

When this page was updated on September 27, the township had not posted minutes from the September 3 meeting, so the outcome is not on the public record yet. A board can approve an application, deny it, or hold it for a later meeting.

An agenda item is an application, not a decision, and plans and conditions can change. Written by Justin Kelly, NJ Real Estate Broker-Salesperson, from the Upper Township Planning Board agenda.

Our take

A condition written into a 2022 approval stays in force until the board agrees to change it, which is what this application asks. If you are watching new construction in Upper Township, the board's written decision will show the outcome.

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