Committee passes downzoning plan to slow growth

Ordinance sets agricultural zoning at 10-acre minimum for lots.

By:John Patten
   The Township Committee has approved a 10-acre minimum lot plan for its agricultural zone and a 15-acre minimum in its mountain zone.
   The downzoning action came at the end of a marathon public hearing on three ordinances rewriting Hillsborough’s zoning for agricultural and mountain districts.
   Voting at almost 1:30 a.m. on Dec. 31 — the last day of the empaneled body — the members approved the agricultural zoning measure by a vote of 4-0, with Committeeman Tony Gwiazdowski abstaining.
   The committee also changed, by a unanimous vote, the zoning in the township’s mountain zone to 15 acres per lot from the current 6 acres.
   The new agricultural zoning plan changes the regular development zoning allowing one house on each 3 acres, to one on each 10 acres with incentives designed to encourage landowners to cluster the development on a portion of the land and keep the remaining land in agriculture.
   Many in the audience of the packed courtroom said they felt the change would adversely affect their property values, making it difficult for them to continue farming.
   Township Line Road farmer Sam Conard took issue with planner Frank Banisch’s statement that the goal of the ordinance is farm preservation, saying the resulting loss of equity the farmers will experience will be detrimental.
   "Unfortunately, these ordinances don’t (preserve farms)," Mr. Conard said. "These are like a stab in the back of every farmer in the township."
   After hearing the litany of complaints and questions regarding the zoning change, Mr. Banisch responded to the audience. He noted that several courts have already ruled that downzoning does not adversely affect property values, and in some cases, such as in East Amwell Township, property values actually increased.
   The committee members also heard arguments in support of the ordinances, including comments from Planning Board members Christian Jensen, Ken Wells and Valerie Chaucer-Levine. The Flagtown Residents Association also said it supported the proposal.
   At the close of the public comment, the committee addressed ordinance 2002-47, favored by the Planning Board, that would have set the minimum lot size in the Agricultural Zone at 20 acres. The measure died when no member of the committee moved to approve it.
   The committee then took up ordinance 2002-48, setting the minimum acreage at 10 acres in the Agriculture Zone.
   Before abstaining on the vote, Mr. Gwiazdowski said he felt issues regarding the township’s notification process for the public hearings was flawed and that holding a vote on the last day of the year meant the measure would be doomed in court if there was a legal challenge.
   "This plan has absolutely no chance to survive in court," Mr. Gwiazdowski said. "I came here tonight and I listened for five hours. I don’t think it’s fair to any member … to vote without going home to think about it."
   Responding to Mr. Gwiazdowski’s comments, Second Deputy Mayor Sonya Anne Martin said she felt "very comfortable" voting after sitting through the Planning Board’s hearings, reading the ordinance and hearing the public comment. She concluded her remarks noting that the committee needs to balance the interests of the farming community with the larger community.
   "I do believe we must take some action in order to protect the land," she said.
   Following up on Ms. Martin’s comments, Deputy Mayor John Gelardi said he was elected to office three years ago "on the promise to preserve property in Hillsborough."
   Before casting the final vote on the ordinance, Mayor Joseph Tricarico said he believed the ordinance offers enough incentive to farmers to cluster development to make it a fair solution to township concerns about over-development and sprawl, while still maintaining farmers’ land equity.
   "The fact that a farmer — if he truly wants to farm — can still do that; the fact that the farmland will stay farms for a very long time, is well worth it," Dr. Tricarico said.
   With work on the agricultural zone completed, the committee held a vote on ordinance 2002-49, addressing the zoning in the Mountain Zone, and the "Public District."
   Before voting unanimously to approve the change to 15-acre zoning, the committee approved a change in the name of the "Public District," which is a zone along the eastern side of the township, to the "Millstone Valley Historic District."