As far as the townhouse project, Westminster Communities, the development arm of Florham Park, NJ-based Kushner Cos., has started building Clinton Mews. According to Westminster managing director Jeff Freireich, it will feature 201 two-bedroom rental units and 20 luxury duplex rental units. Occupancy is slated for early next year.

This still relatively rural township has been seeing a spurt in development in recent years. On the residential side, "Clinton has emerged as a location for those looking for quality of life that has easy access to New York City, all of New Jersey and Pennsylvania," according to Freireich.

The planning board apparently wanted no part of P&H Clinton Partnership's (an affiliate of Pulte Home Corp.) project, aiming to keep the township relatively rural. A significant amount of opposition emerged during a 20-meeting, 18-month process that ultimately focused on traffic, environmental concerns and the site's archaeological significance, dating back to the Colonial period. The unanimous "no" vote included Mayor Thomas Borkowski's abstention on the basis of possible bias.

Summing up those concerns, board member Christopher D'Alleinne indicated in his remarks that "this project is unprecedented in the history of Clinton Twp. It needs to be treated that way."

Apparently, the issue isn't about to go away. Pulte's attorney, Lloyd Tubman, indicated after the vote that the company would take legal action, and board members themselves made it clear that they expected such action. Among the options apparently being considered is a Superior Court appeal to get the decision overturned. Or, Pulte could simply go back to the drawing board and come up with a new plan the board might find palatable.

Another option could prove to be the stickiest. Because the proposal called for nearly 150 low- to moderate-income units, Pulte could invoke the New Jersey Supreme Court's Mount Laurel decision, first issued in 1975 and upheld several times since. The Mount Laurel decision requires communities to provide a fair share of such housing, and Pulte could challenge Clinton Twp. on the basis of failure to do so. A similar case in Cherry Hill, NJ recently went in favor of a developer.