Applicant seeks farm use
on residential property
By jeanette M. eng
Staff Writer
MARLBORO — In addition to the usual cats, dogs and occasional deer, some residents may also be seeing sheep in the backyard one day.
At their Nov. 13 meeting, members of the Zoning Board of Adjustment continued their examination of an application from residents Dr. Joseph P. and Gabrielle M. Arno to start a farm on their 7.8-acre property on Shallow Brook Road. The applicants are requesting a use variance from the board to permit a farm use in a Land Conservation (LC) zone.
Shallow Brook Road is off of Igoe Road in the northeast section of Marlboro.
According to Marlboro’s master plan, a farm is not a permitted use in an LC zone. A farm is a permitted use in Agriculture/Land Conservation zones and in the Airport Hazard zone.
Attorney James E. Collins, representing Arno, introduced the Right to Farm Act.
"If someone qualifies under the Right to Farm Act they are exempt from the requirements of the local zoning ordinance," Collins said.
According to Collins, the requirements of the Right to Farm Act include producing a minimum yearly income of $2,500 from farming activity.
"Out of respect for his township, however, Dr. Arno is coming before the zoning board," Collins said.
Arno outlined his plan to build a 36- by 36-foot barn-type structure for farm purposes and storage. He also intends to purchase between 10 and 12 sheep for wool sale, to harvest trees and to preserve the overall beauty of nature.
"Starting this farm is an interest of mine. I don’t play golf and such; I love animals and nature," Arno said.
According to Arno, a farmland assessment application was filed with the township tax assessor on Aug. 1.
Obtaining farmland assessment on a piece of property results in the property owner paying less in property taxes on an annual basis.
In a subsequent interview with the News Transcript, Marlboro Tax Assessor Walter Cosul said, "Approval for farm assessment requires that an applicant has 5 acres dedicated to farming, a yearly generated income of $500 and two consecutive years of farming activity. The results of the (Arno) assessment application are pending."
Upon zoning board Chairwoman Sherry Hoffer’s inquiry as to whether Arno owns any sheep at present, he said he does own two sheep.
At this point, some board members stated that Arno’s housing of the sheep on his property is in violation of the law that requires a permit for the shed where they live.
In response, Arno said the shed was only a temporary shelter for his sheep and that he had not intended to defy the ordinances of the township.
During the public hearing on the application, neighbor Robert Rudman of Shallow Brook Road voiced his opposition to the plan.
"Our street has nine homes on it. We did not choose to live in this area expecting that we would have farmers as neighbors. Had we known this would happen we would never have moved here," Rudman said.
A continuation for the application has been set for Jan. 2. Members of the board requested that Arno return with a more detailed description of the proposed land use, specifically describing where each farming activity will occur.
In other business, the Intell of New Jersey application to build 168 one- and two-bedroom age-restricted units in four buildings on a commercial piece of property at Route 79 and Lloyd Road was carried to Jan. 2 at the applicant’s request.