BY JENNIFER KOHLHEPP
Staff Writer
NORTH BRUNSWICK — It’s not déjà vu — the Township Council reintroduced its planned adult community (PAC) ordinance Monday night.
Council members unanimously voted to reintroduce the PAC ordinance, adopted in August, to address complaints in a citizens lawsuit that challenges a township farm’s recent rezoning.
North Brunswick Residents Against High-Density housing (NBR), a nonprofit corporation in North Brunswick, filed a civil action lawsuit with the state Superior Court in Middlesex County against the North Brunswick Township Council and Planning Board Sept. 16.
NBR members consist of township and regional residents affected by the rezoning of 70 acres of property located on Old Georges Road and Farrington Lake, known as the Pulda farm.
“Our preference is still for open space on the Pulda property,” said NBR treasurer Ben Galioto, of North Brunswick. “But if something must be constructed, we prefer normal-density, single-family estate homes, rather than high-density, 50-foot apartment-style buildings with all the traffic, congestion and additional pollution they will bring.”
NBR’s suit alleges the township did not comply with normal procedures for adopting the PAC ordinance.
At a public hearing on April 28, the board adopted the 2004 master plan amendment redesignating the Pulda farm for age-restricted housing and eliminating the residential designation.
On July 6, the council introduced the PAC ordinance to change the zoning for the Pulda farm.
On July 9, the council published a notice of the pending ordinance advising residents officials would hold a public hearing on the ordinance amendment Aug. 2.
NBR’s Lavallette-based attorney, Michelle Donato, called the notice defective.
She said the notice did not give a summary of the objectives of the proposed ordinance amendment, did not state the time and place when residents could obtain a copy of the ordinance, and did not notify all property owners within 200 feet of the Pulda farm.
Donato said by obtaining township records, NBR also found the township did not have the U.S. Postal Service properly certify its mailing of the notices.
“The Affidavit of Mailing is insufficient in that it does not state which owners were served by regular or certified mail,” Donato said. “It is also invalid in that it is not signed before a notary public or other person authorized to take oaths.”
The suit also alleges the board cannot prove it provided adequate notice on its hearings on the Pulda property.
On April 28, the board adopted an amendment to the North Brunswick master plan regarding the Pulda farm.
Based on the procedural errors, NBR demands invalidation of the PAC ordinance, Donato said.
Mayor Francis “Mac” Womack said the reintroduction of the PAC ordinance does not admit or deny that officials did not follow the correct procedures.
“To save attorneys fees and additional costs, the council decided to reintroduce the ordinance to make sure the township went the extra mile on all the procedures,” Womack said.
Now that the council reintroduced the PAC ordinance, it will revert back to the board for reconsideration, Womack said.
Womack said none of the elements of the ordinance nor the council’s acceptance of it should change during the review.
“In theory, council members could change their minds, but I don’t think any of them have since adopting the ordinance the first time,” Womack said.
The council originally voted 4-2 in favor of adopting the PAC ordinance. Councilman Robert Corbin and Adam Weiss both voted against it.
Since then, Weiss left his position on the council to pursue a career in law. Interim Councilman Sal Paladino will now vote on the matter.
The ordinance implements the board’s April amendment to the master plan by providing guidelines for a housing community of no more than 340 units for active adults age 55 and over on the Pulda farm.
The ordinance stipulates a housing mix of single-family homes, condominiums and townhouses in a gated community. Its provisions also give density bonuses to a developer who markets the units to North Brunswick residents first, provides smaller, more affordable units, and makes monetary contributions to the township’s senior center.
Piscataway-based developer Jack Morris currently has the Pulda farm under contract. His company, Edgewood Properties intervened on the side of NBR in the lawsuit last month.
As NBR has not yet communicated with the developer about his intervention, Galioto said, “Only he knows his motives. At this time, we cannot be sure if it helps or hurts our cause,” Galioto said.
NBR will still progress with its lawsuit, Galioto said. “We’re still waiting for a court date,” Galioto said. “Funds are still needed to continue this effort. If we cannot go to the end, the chance of success is greatly diminished.”
With the lawsuit, NBR also wants the township to redesignate the farm’s original residential zoning.
“The master plan amendment constitutes a spot change to accommodate the needs of a developer and without consideration for the suitability of the property for the proposed use and the nature of surrounding development,” Donato said.
If the board recommends the PAC ordinance again, the measure will come back to the council for a public hearing.
Womack said the council could vote on the ordinance again as soon as its Dec. 6 meeting.