By: centraljersey.com
WEST WINDSOR – A group of West Windsor and Plainsboro residents has hired an attorney and filed a letter with township attorney Michael Herbert, demanding full land use approval for a field lighting project at both district high schools.
In a letter addressed to Mr. Herbert from Herold Law, a firm based in Warren, attorney Robert Simon states that he represents a group of neighbors who reside near the high schools. The eight-page document argues that under state law, the project must receive site plan approval and comply with municipal ordinances for planning and zoning.
Mr. Herbert will give his legal opinion to the council at the agenda meeting on Monday night. Copies were also sent to council members and the High School South Booster Club, which is financing the project.
In December, the Board of Education approved an agreement for the club to fully fund and install permanent athletic field lights at North and South high schools. The project, which was discussed at the board level for more than a year, has elicited mixed reactions from the public. Proponents have hailed the lights as an asset to student life while some residents have expressed concerns about mischief, noise and light pollution, and other traffic and safety issues, resulting from having more nighttime events.
Since then, the West Windsor Council and Plainsboro Committee have requested that the board provide a "courtesy review," which would allow the public to make comments and for planning officials to make suggestions, though the board would not be legally obligated to use any input from the townships.
"The issue is complicated because the board and the municipalities are governed by separate entities," Mr. Herbert said. "My understanding is that the board typically doesn’t seek site plan approval. It’s a lengthy formal process."
Mr. Simon’s letter argues that approval of the project is not under the jurisdiction of the Board of Education or the state Department of Education because it is not a "school facilities project."
Because no public funds will be spent, "by default, a privately funded project," it is "not entitled to the same statutory exemption granted to a school facilities project from township zoning requirements."
Mr. Herbert said he has been discussing the matter with school board attorney Richard Kaye and West Windsor Planning Board attorney Gerry Muller.
Mr. Simon said, "We will probably send this letter to the Plainsboro mayor and committee, but I’m still consulting with my clients."
Mayor Shing-Fu Hsueh said the project should probably undergo the proper planning process, but he wanted to hear Mr. Herbert’s legal advice before commenting further.
"But we do want to settle this technically and acceptably," he said.
Board President Hemant Marathe said the board has also received the letter. He said the public should know that the board did not agree to the project superficially, and that over the years, it has completed many projects successfully and under budget.
"We have always followed the state rules, which are not new to these kinds of projects," he said. "But what the state requires us to do, we’ll do it."