By Greg Forester, Staff Writer
WEST WINDSOR — A developer whose plans for two residential projects are on hold following township zoning changes agreed Wednesday to meet with township officials and possibly amend his plans to conform to the new zoning.
A preliminary subdivision for one of the two projects — called Cherry Grove — was supposed to come before the Planning Board on Wednesday, but zoning changes that increased the lot sizes on both properties apparently rendered those plans moot.
Developer Intesar Zaidi of Jackson Township eventually said he would come back to the township with new plans taking into account the increased lot sizes on the two properties, but that agreement only came after a somewhat tense discussion with Planning Board members and township officials.
The original plans for the two projects called for around 12 houses on each of the properties off Penn Lyle Road, but zoning changes adopted last month by Township Council increased the minimum lot sizes on both properties from three-quarter-acre lots to 3Ð-acre lots, necessitating a change in the plans.
Dr. Zaidi speculated in a letter to the Planning Board that the township had acted in bad faith by asking to delay hearings on his project until zoning changes took place, which he has claimed he was unaware of.
He spoke Wednesday and reiterated what he expressed to the board in the earlier letter, which had been read to the Planning Board and the public by Planning Board Attorney Gerald Muller.
”I feel we were mislead because of the rezoning of the properties,” said Dr. Zaidi. “Never in my experience have I seen anything like this.”
Township officials countered allegations of malfeasance by the township, at both Township Council meetings and again on Wednesday.
Land Use Division Manager Sam Surtees and Mr. Muller said Wednesday that Dr. Zaidi should have done his own due diligence and recognized the imminent zoning changes, which were mandated by the township’s 2002 Master Plan.
”The Master Plan has been there for many years,” said Mayor Shing Fu-Hsueh.
Also, Mr. Surtees said he and other township officials had contacted Dr. Zaidi and spoke with him about the proposed downzoning and its effects on his project plans.
The zoning changes were adopted with an eye to conservation and preserving contiguous areas of open space, according to Mr. Surtees.
”For good reason we adopted these changes,” said Vice Chairman Steve Decter. “Any future application would have to conform to the new zoning.”
Wednesday’s action also included the adoption of a resolution meant to safeguard the Planning Board from the possibility of Dr. Zaidi’s application receiving automatic approval in court because of time constraints placed on Planning Board applications.
Despite the hearing being informal, the board had to act, according to Mr. Muller.
Planning Boards are given a limited amount of time to hold hearings on projects, and that time was set to expire within a week, which would have allowed Dr. Zaidi to sue the board and seek an immediate approval of his plans despite the zoning changes, according to township officials.
To prevent this situation, the Planning Board unanimously adopted a resolution memorializing its denial, without prejudice, of the subdivision because of inadequate noticing of Wednesday’s hearing which made those proceedings informal, Mr. Muller said.
Mr. Muller did say that even if the board had not taken any action on the resolution, he felt a court would have rejected an immediate approval of Dr. Zaidi’s application because he had not adequately noticed the hearing to any of the legally required entities.
The denial without prejudice will allow Dr. Zaidi to reapply without suffering any consequences from the rejection.
