Planning Board gives nod
to Howell rezoning plan
Proposal now moves
to council for Sept. 10
hearing, possible vote
By kathy baratta
Staff Writer
Calling a package of proposed zoning changes consistent with Howell’s master plan, Planning Board members have voted to support ordinances that will allow for some major zoning changes in northern Howell.
As it stands, the Township Council’s intention is to adopt three rezoning ordinances that will change a portion of a Special Economic Development (SED) zone into ARE-6 zoning (6-acre residential lots).
Council members are scheduled to vote on the rezoning package Sept. 10.
The two other proposed changes are to make ARE-1 and ARE-2 zones ARE-6, which means homes would have to be built one house per 6 acres rather than one house per 1 or 2 acres on all properties north and south of Elton-Adelphia Road (Route 524) between Route 9 and Yellowbrook Road.
Casino Drive and West Farms Road are the southern boundaries of the proposed zoning change.
The proposed changes have been the subject of several public hearings held by the council.
Farmers and other landowners have opposed the changes, saying the rezoning will destroy the financial equity they have in their land since the changes will limit the development of their properties.
At the Planning Board’s Aug. 16 meeting, only one person addressed the board prior to the vote.
Attorney Ernest Bongiovanni, who said he was hired to represent six residents whose land will be affected by the pending zoning changes, made a last-ditch attempt to change the board members’ minds. He said the residents’ land ranged in size from 10 to 20 acres.
Before Bongiovanni made his comments, board member William Trethewey said he did not want to hear from the attorney, saying, "I’m afraid we’ll set a precedent for public comment on every ordinance proposed."
However, the rest of the sitting board members agreed to hear from Bongio-vanni.
First, Bongiovanni attempted to exclude board member Pauline Smith from voting in the matter because she had served on the master plan subcommittee and, Bongiovanni said, she was a known proponent of the zoning changes.
Planning Board Attorney Louis Rago held that Smith’s participation on the master plan subcommittee was not a reason to disallow her vote. He told Bongiovanni there would be nothing improper with Smith casting a vote on the zoning recommendations to the council.
Smith noted that she didn’t pick the areas targeted for rezoning. She said the board’s professionals had done that.
Bongiovanni then questioned whether the board as a whole should be voting on a recommendation without first holding its own public hearings, as the Township Council had done.
"This board should consider not voting and give the council direction to make further study on the impact this decision will have on the people that will be affected," he said, noting, "quality of life is a very broad term and that has been completely ignored by the council."
Finally, Bongiovanni tried to persuade board members the proposal was flawed because there had been no input from farmers during the process. He also said the planner’s study is flawed with inconsistencies and asked the board to "give us more time to develop a counterproposal from another professional."
He asked the five sitting board members to consider postponing their vote on the recommendations until a meeting could be held with a more complete attendance of the board.
Saying they would present Bongiovanni’s comments along with their recommendations to the Township Council, the board, with five members voting, approved the governing body’s rezoning proposal.
Voting yes on the recommendations were board members Ilse Whisner (chairwoman), William Trethewey, Myrna Henderson, Pauline Smith and alternate member Joseph Deckhut.
Absent from the vote were board members Mayor Timothy J. Konopka, Thomas Frese (vice chairman), Deputy Mayor Reinhard Kirchhof, David Marcks, Stanley Marciniak and alternate member Mindy Factor-Spano.