Sarnoff Corp. withdraws its formal protest.
By: Gwen Runkle
WEST WINDSOR Now that Sarnoff Corp. has withdrawn a protest filed months ago against efforts to downzone its Route 1 property, an alternative downzoning ordinance recently introduced by the Township Council has a green light for adoption after a public hearing Monday.
With the protest’s withdrawal, the council no longer needs four affirmative votes to adopt the alternative ordinance.
Last week, it was introduced by a 4-1 vote with only Councilwoman Rae Roeder dissenting, but Councilwoman Jackie Alberts, who ultimately voted in support of the alternative, was concerned it was not a comprehensive traffic-reducing solution.
She said the 640-acre property of American Home Products, now known as Wyeth Inc., should have been included in the ordinance.
But now even if she chooses to vote against adoption on Monday, as long as the other three members of council still support the ordinance, it will pass.
Sarnoff originally filed its protest in February in objection to an ordinance introduced by Ms. Roeder to reduce the amount of allowable development on the Route 1 properties of both Sarnoff and Wyeth Inc., from 30 to 18 percent.
The protest required the council to have four affirmative votes in order for the ordinance or "any similar alternative" to be adopted. Sarnoff was able to file the formal protest because it owns more than 20 percent of the land affected by the proposed zoning change.
Last week, Ms. Roeder’s ordinance failed in a 3-2 vote and an alternative developed by the township Planning Board was introduced in its place.
"We were pleased the .18 ordinance was defeated and found our protest as previously lodged was no longer necessary," said Pat Murphy, Sarnoff’s general council and vice president.
"So in order to clear the deck for the new ordinance we filed a letter with the township withdrawing our protest. However, the letter also replaces the previous protest with a contingent, that the ordinance not be changed from its current form," he said.
Currently, the alternative creates a research and development zone just for Sarnoff’s 345-acre property with a maximum floor-area ratio of 21 percent.
To reduce traffic generated from the site, a minimum of 30 percent of that floor area must be devoted to low-traffic-generating uses, such as hotels, conference centers and research laboratories.
In addition, Sarnoff would have to implement transit-friendly designs to accommodate a bus rapid transit or light rail line and would be required to phase its development with the construction of certain road improvements, such as the proposed Millstone Bypass.
"We do not object to the .21 ordinance," Mr. Murphy said. "The way it is now is acceptable and we hope this will allow the wheels of the township to proceed smoothly."
The Township Council is expected to hold a public hearing on the alternative ordinance and consider its adoption at its meeting Monday.