BY TALI ISRAELI
Staff Writer
MARLBORO – Judge Alexander Lehrer has reaffirmed his decision regarding the adoption of a township ordinance.
The ordinance was originally adopted by the Township Council in September as part of a package of nine laws that imple-mented Marlboro’s revised master plan.
The law rezoned certain parcels of land in town from R-80 (2-acre residen-tial development) to a Land Conserva-tion (LC) district (5-acre residential development).
The ordinance includes a grandfather clause which states that any legal existing single-family home would be grandfathered in provided that no further subdivision would take place. The grandfathering provision also extends to the properties in the event they are sold.
After the adoption of the law last fall, several residents filed lawsuits against the council, Mayor Robert Kleinberg, the municipality and Councilman Joseph Pernice, who was the council president in 2005. The plaintiffs claimed the rezoning unfairly devalued their property.
The residents’ lawsuits also made a claim against Pernice, stating that although he recused himself from voting on the ordinance because of a conflict he had with one of the lots in question, the council president failed to step down from the dais during the proceedings.
Pernice’s failure to leave the council dais during consideration of the ordinance was the basis for Lehrer, sitting in state Superior Court, Freehold, to rule on May 2 that the rezoning ordinance had been improperly adopted.
The ordinance was then reintroduced by the council on May 4. A public hearing was held on May 18, but the council was unable to vote because the Planning Board had not yet reviewed the law.
On June 1 the council tabled the ordinance again, stating that officials would re-evaluate certain properties named in the ordinance due to concerns raised by several residents.
At the same time the ordinance was reintroduced, Marlboro officials asked Lehrer to reconsider his May 2 decision regarding Pernice’s failure to leave the dais during last fall’s proceedings.
Lehrer upheld his decision following a hearing on June 23.
Attorney Tom Cafferty, of the firm Scarinci and Hollenbeck, represented Marlboro before Lehrer. He said the council will discuss the judge’s decision July 13.
Cafferty said he will provide the administration and council with any legal advice that may be needed regarding the township’s next step in the matter. He said an appeal of Lehrer’s decision to the Appellate Division of Superior Court could be considered.