New planner questions U.F. master plan revisions
Board asked to review possible changes on April 22
BY JANE MEGGITT Staff Writer

UPPER FREEHOLD - The proposed master plan revisions that the township spent three years and hundreds of thousands of dollars on may not stand up to legal challenges.

The township's new planner, Charles Newcomb, commented on the revisions that the Planning Board adopted in December at the Township Committee's April 3 meeting. Former Planner Mark Remsa, who worked on the revision process with the board since 2005, asked not to be reconsidered for appointment this year.

When Mayor Steve Alexander asked Newcomb if the Township Committee could start implementing the suggested revisions by drafting ordinances,Newcomb said no for a number of reasons.

Newcombe said the Planning Board has asked him to evaluate the master plan revisions in terms of implementation ability. He called the proposed cluster provision for noncontiguous properties the lynchpin.

According to Newcomb, the master plan does not designate sending/receiving areas for the density being transferred in the proposed cluster provision.

"It floats throughout the township," he said. "It would definitely get the township in some legal issues."

Newcomb said judges in two recent court decisions noted thatmunicipalities are using a de facto Transfer of Development Rights (TDR) planwithout following the state's TDR enabling legislation.

The new planner also cited the revision to reduce the township's base zoning from3- and 5-acre lots to 6- and 10-acre lots as another area for Planning Board review. Newcombe further stated that the revision to allow for the creation of equine communities on specific propertiesmay be considered spot zoning, which has legal ramifications.

Newcomb said he would look into creating an equine community option that would be considered a conditional use like a golf course community. He said creating equine communities is an outstanding recommendation despite his concerns.

The planner also recommended that the board reexamine the revision for creating a Parks, Education and Conservation (PEC) zone because such a zone would have a mix of uses on both public and private properties.

"If private property is in it, it's somewhat problematic," Newcomb said. "Most communities do not allow single-family homes to built in a PECzone but your ordinance does."

Committeeman Stanley Moslowski Jr. noted that Remsaworked on the revisions to the master plan for three years.

"Did you look at things differently from him?" Moslowski asked. "Was he wrong about spot zoning?"

Newcomb said that his company, Banisch Associates, Inc., of Flemington, has worked in the field since 1972. He said his company has a team of planners, which Remsa did not.

While Newcomb said he does not think Remsa is "totally wrong," but that his firm has a breadth of expertise and defended practices.

Former Mayor William Miscoski said that the township spent three years and hundreds of thousands of dollars on themaster plan revisions that the board approved in December.

"Now we are going to change [the plan] because there is a new planner," he said. "Now we'll spend hundreds of thousands of dollars more."

Miscoski asked the committee if it has ever seen two planners who agree.

"We're going to throwthree years ofwork down the tubes because a new company needs to make money?" he asked.

Former Mayor Bob Abrams commented that having the master plan end up in court could cost the township a lotmore than paying a new planner would.

ResidentAl Trenton agreedwithAbrams and said, "We spent a lot of money on the master plan but the question goes back to legal issues. I would have thought the legal counsel for the Planning Board would have looked at this so we're not going to get into lawsuits."

The township also replaced longtime Planning Board Attorney Frank Armenante with Dennis Collins earlier this year.

Newcomb said he would suggest revisions and get them to Planning Board Administrator SusanBabbitt byApril 15 for the board to discuss at itsApril 22 meeting.