Wayne Township's governing body voted 7–2 to introduce an ordinance creating an overlay zone that would allow up to 46 homes on a long-contested Ratzer Road property, with two council members, Al Sadowski and Joseph Scuralli, casting the dissenting votes. The move scales back a far denser concept that had been on the table for the site, and it comes with strings attached: any homes actually built would need to meet a 20% affordable-housing requirement, and the project still faces Planning Board review before a shovel goes into the ground.
From 71 Townhouses to 46 Homes
The property in question sits at 933, 941, 949 and 965 Ratzer Road, identified in township records as Block 2717, Lots 31 through 34, and covering roughly 6.86 acres, according to TAPinto. The land is currently zoned for single-family homes on lots of at least 15,000 square feet, but it has been the subject of years of back-and-forth over far denser proposals. At one point the property was considered for 71 townhouses, a concept the new overlay ordinance reduces by 25 units.
That earlier push had a complicated paper trail. DeMattheis Development, listed as the contract purchaser in an earlier court filing, had initially sought density as high as 29 homes per acre with a 15% affordable set-aside, according to Wayne's June 2025 draft Housing Element and Fair Share Plan. The developer then revised that request down to 71 townhouses at 10.5 units per acre, still with a 15% set-aside, per the same draft plan. The document also noted the developer had indicated it could not provide a full 20% affordable set-aside at that density.
Environmental Concerns Shaped the Smaller Footprint
Township planners raised concerns about wetlands, flooding and the overall size of the development. The draft plan also raised questions about whether the proposed setbacks, heights and building sizes were appropriate for the location. Roughly 34% of the townhouses under the earlier concept, about 24 units, would have sat within a Special Flood Hazard Area, the plan noted.
DeMattheis Development and the property owners had also filed an answer and objection to Wayne's fourth-round affordable housing plan on August 29, 2025, according to the draft plan. That filing asked the court to include the Ratzer Road property in the township's fourth-round plan, to require rezoning for inclusionary development, and to deny Wayne's request for immunity from exclusionary zoning lawsuits.
New Rules for Height, Setbacks and Coverage
The overlay ordinance itself states that the density was established by a consent order and points to a settlement agreement dated August 17, 2026. Mayor Chris Vergano said the settlement agreement would come before the council at its next meeting, per TAPinto's report. Vergano also said the Ratzer Road development was negotiated separately from a different, more sweeping October court order affecting other Wayne properties.
The proposed ordinance permits attached and stacked dwellings but sets a maximum building height of 3½ stories or 45 feet, along with a minimum 50-foot building setback along Ratzer Road itself. Site disturbance is capped at 6.5 acres and impervious coverage at 40%, and the development would be exempt from the township's standard calculation governing how many units a site plan can permit. Township tree removal and replacement requirements would still apply. Vergano noted the developer could return with revised plans under the new overlay zoning, though any project would require a separate application, and the Planning Board retains the authority to reject a particular application before construction can begin.
A Bigger Housing Fight Playing Out Across Wayne
The Ratzer Road overlay is unfolding alongside a much larger legal battle over Wayne's affordable-housing obligations. Passaic County Superior Court Judge Darren J. Del Sardo issued an order on October 15 directing zoning changes for developments at 1982 Hamburg Turnpike and 1600 Valley Road, with one report from NorthJersey.com describing the order as requiring 675 housing units across those two sites. A separate NorthJersey.com report also put the combined total for the two disputed sites at 675 units.
Under that order, the Hamburg Turnpike site, a 16.6-acre property being developed by March Associates Construction Inc., would be permitted for between 375 and 400 units, including 80 for low-income households, in an age-restricted setting. The William Paterson University property would be rezoned for 250 townhouses, including 50 for low-income families, plus a 50-unit building with age-restricted apartments for affordable households, according to the outlet's reporting. Vergano's comment that the Ratzer Road settlement was negotiated separately from that October order underscores that the smaller Ratzer Road overlay and the larger Hamburg Turnpike and Valley Road rezoning are, at least for now, distinct fights within Wayne's broader housing obligations.
