Short Hills residents responded to the Township Committee's statement on the Livingston COAH case during Tuesday's meeting.

The committee issued a statement Monday to clarify some of the information that has been distributed about the case between Livingston and TMB Partners to construct a housing complex, which would include affordable housing, at the corner of White Oak Ridge Road and South Orange Avenue.

The residents, many of whom live in the neighbor adjacent to the site, have pressed the committee to not settle on the case and asked officials Tuesday night to challenge information presented in the case.

Mayor Thomas McDermott said again Tuesday there's no settlement in the case and TMB Partners has yet to respond to the offers made from Livingston and Millburn officials. Officials did say, though, Livingston officials can settle the case without Millburn. Millburn has "friend of the court status."

A fairness hearing is scheduled for Sept.22 for the case, and McDermott and other officials said they would move forward with the hearing is they do not get a fair deal with TMB Partners. "We'll proceed until we have a settlement, and there is no settlement," McDermott said.

Fred Polakoff, of Rippling Brook Drive, said it's hard to understand how Livingston officials could permit the type of development TMB has proposed. He understands officials have limited patience and resources on the case, but it's not the right place for it with the number of people it would bring to the area and the environmental impact. Officials should revisit the documents from the case before settling.

Rosalie Rubin, of the Livingston-Short Hills Coalition and a Rippling Brook Drive resident, said the the special master, who reviews the plan and determines what's appropriate for the court, is the same one for Livingston's Squiretown case. She said she objected to five stories for the building there because it could be visible to Eisenhower Parkway during the winter. She said it should be four stories. Her recommendation for the TMB Partners project is one story taller, Rubin said.

Stewart Cohen, Short Hills Association president, questioned why township officials aren't working more with Livingston officials. He said they should hold back on shared services with Livingston in order to get what they want. If Livingston officials don't dump the project in Millburn's backyard, they get the shared services. He suggested officials buy the property and make it a park.