By Geoffrey Wertime, Staff Writer
ROBBINSVILLE — After 10 years of struggling with zoning issues and a neighbor’s complaints surrounding J.E.M. Stables, an agreement between the business and township may finally be on the horizon.
Township Council voted unanimously at its Nov. 13 meeting to introduce an ordinance that would have the township buy development rights to the Robbinsville portion of the Windsor Road property with $200,000 from the open space fund, deed-restricting the land so it cannot be developed further.
”It’s essentially a standard open space transaction (like the kind) we’ve done in Robbinsville,” said Township Administrator Mary Caffrey.
While the township and J.E.M. have been at odds for years, the debate flared up again in 2008 when a cease-and-desist letter delivered by the township May 16 prevented riders from using J.E.M.’s outdoor riding ring, located in Robbinsville along with about half of the property. The other half is located in West Windsor.
Richard Cruser, who lives adjacent to the land and very close to the outdoor ring, has complained about dust, noise and lights from it at night, as well as flooding and manure runoff showing up in his yard and well.
Meetings since May between J.E.M., owned by Joan and Michael Esposito and represented by attorney Patricia Ratner, and Township Attorney Mark Roselli have led toward an agreement between the two entities. Ms. Ratner said previously that Mr. Cruser was also involved in the process, and will be required to sign off on the final agreement.
Mr. Cruser declined to comment on the situation, and neither the Espositos nor Mr. Roselli responded to messages for comment by The Messenger-Press’ deadline.
”I think at this point in the game, everything is essentially resolved,” said Mayor Dave Fried, who has been involved in getting J.E.M. and Robbinsville to work together. “I think it’s a matter of putting the money in place and getting the attorneys to do the closing.
”I’ve been dealing with this since I was an elected official in the old form of government, so obviously I’m very happy we’ve finally gotten a resolution,” he added.
But Ms. Ratner had a slightly different view of the situation, and while she said she still expects to reach an agreement with the township, she also said Tuesday that nothing has been signed and negotiations are “absolutely” still on.
The current proposal calls for the township to purchase the development rights, while J.E.M. would move its outdoor riding ring back 550 feet, considerably more than was previously discussed. The Espositos would also seek a use variance from the zoning board, and Ms. Ratner has said they would move the paddocks near Mr. Cruser’s residence back from the property line, and put hay in their place to address the drainage concerns.
The money from the deal would go to pay for these changes, which are “hugely expensive things,” Ms. Ratner said.
”If the money isn’t delivered on a fairly quick basis, the Espositos can’t do the things the township wants,” she explained. “There isn’t the expectation that they have the money out of their own pockets to do this.”
Ms. Caffrey said the township would benefit from reaching a deal with the Espositos, but emphasized that although the money can and probably will be used to pay for the changes that are part of the deal, the township is actually purchasing the development rights to the property and not simply funding J.E.M.
”When you look at it, taking away all the disputes and history there, from a pure transaction as an open space purchase it has a lot of value, because for $200,000 we’re eliminating nine buildable lots,” she said. “So it’s really a winner on that perspective alone … It complements the other investments that have been made along that road to keep houses off the gateway into the village of Windsor.
”I can only hope that this is it. I’m not going to make any predictions where this one is concerned. I only hope this is going to lead to a peaceful resolution. It has to be an improvement.”
The riding academy is currently open, albeit with limitations on the number of riders at once and the hours of operation. J.E.M. is in the process of getting inquiries about making what may well prove to be necessary changes.
Should the two sides not come to an agreement by Dec. 2, Robbinsville Township Municipal Court Judge Anthony M. Massi will decide whether the township has jurisdiction over the case, or if it should instead go before the Mercer Agricultural Development Board, a part of the state Department of Agriculture.
The ruling has seen delays before, which were meant to allow J.E.M. and the township time to work out a mutual agreement.
The township has been issuing summonses to J.E.M. for over a decade, most recently in midfall of last year and again in February. The cease-and-desist order issued May 16 previously kept riders to the indoor ring, which is located in West Windsor.
At that time, those riding in the outdoor ring, which is located in Robbinsville, attracted a police response. This included a “ride-in” protest held by J.E.M.’s riders June 11.
