HOWELL – Local residents spoke out against a proposed zoning ordinance at a recent town council meeting, arguing it did not match the vision of the town’s master plan.
If adopted on November 14th, the new ordinance would rezone several properties to the Special Economic Development 1 (SED-1) zone, expanding commercial zoning near Victory Road, Oak Glen Road, County Route 547, County Route 524, and County Route 524A.
A Victory Road property owner and vocal member of the group opposing the AAVRHW Property, LLC warehouse plan expressed her strong objections to the ordinance. She focused specifically on the zoning of the land designated for the warehouse’s construction.
“The SED-1 zone still allows for conditional use warehouse and flex space,” said Betty Velez-Gimbel. “When I spoke before the planning board, the vision was ARE-6 since the majority of Victory Road is ARE-6.”
Howell’s ARE-6 zone, one of four Agricultural Rural Zones, aims to minimize development impacts outside of designated centers and preserve rural and agricultural uses and character.
Velez-Gimbel emphasized her belief that the proposed zoning ordinance not only deviated from the town’s master plan but also contradicted the commitments made by council members during their election campaigns. She said her vote was cast in support of these officials precisely because of the promises they had made.
“This is unreasonable development,” Velez-Gimbel said. “It doesn’t fit the landscape of Victory Road. It threatens the rural character of Howell, and it’s not safe.”
Rather than benefit residents, Velez-Gimbel said the rezoning seemed to favor the developer. She added her concerns about the construction of an oversized building with multiple tenants on an environmentally sensitive parcel of land. She urged Town Council members to amend the ordinance and designate the area as ARE-6.
“This doesn’t fit, and I know it doesn’t fit your vision,” implored Velez-Gimbel. “Please stop this…The road is beautiful and perfect rural Howell…with many farms and a benefit to the community.”
Diane Lindstrom, who has lived on Victory Road for three decades, nearly broke down in tears while describing the profound effects of what she termed a “ridiculous zoning problem.” Lindstrom suggested the council might consider another means of rectifying the issue, citing the municipal fund used to preserve open space and farmland.
“Why can’t you use that here?” she questioned. “Victory Road is more of a perfect place for something like this than a warehouse – a warehouse that the only benefits will go to the owners of the warehouse and will do nothing for us. It’s going to destroy the way we live.”
A letter written by local resident Wayne Senatore was read into the record, urging council members to consider specific recommendations for reexamination reports and associated proposed ordinances.
Senatore proposed that flex space, catering to various tenants with diverse products and services, should define acceptable business types to mitigate potential hazards. Additionally, he suggested that flex space and high-traffic businesses like retail and educational services should not coexist in the same zone for safety and quality of life reasons.
Over 100 signs have been erected in protest of the Victory Road warehouse application, and a group collectively referred to as the objector neighbors has retained an attorney. (Photo by Stephanie Faughnan)
Director of Community Development and Land Use Officer Matt Howard responded to public comments by explaining that zoning ordinance changes will not affect the Victory Warehouse application currently before the planning board. New Jersey’s Municipal Land Use Law states that the zoning ordinance in effect on the date of application submission governs the application.
“That warehouse application has grandfathered rights until a decision is made, or they abandon the application,” said Howard. “The ordinances before you (the council) will not change that application before the planning board.”
Township Manager Joseph Clark, an attorney, cautioned officials against addressing the Victory Warehouse application directly, as doing so could inject bias into the planning process and create an appealable issue.
Howard further clarified that the master plan recommends the removal of SED zoning on Victory Road 547 and Oakland Road, which is in the proposed ordinance. The change in SED zoning might appear semantical, but it minimizes non-conforming uses within the area. By significantly altering the zoning such that 25% of parcels become non-conforming, there’s a higher likelihood of zoning challenges.
The ordinances currently under consideration aim to preserve certain rights for commercial use while reducing the intensity of some activities. For instance, the existing ordinance permits full-scale warehouse distribution development without specified conditions. However, no conforming applications for large-scale warehouses have been received since 2008, suggesting that the ordinance effectively limits project sizes and intensity.
“The changes are to encourage commercial development but without tractor trailers, to encourage smaller startup businesses,” Howard explained. “In terms of the questions that I get as a zoning officer, your electrician, your plumber, or your building contractor… those types of spaces which fall under either trade contractor business flex use, which we don’t have in Howell.”
Clark shared information about the town’s land preservation efforts without specifying any particular property. Securing such land can be costly, as negotiations with sellers are not tied to assessed values and may involve multi-million dollar deals.
The alternative option would involve using eminent domain to acquire the land. However, this process necessitates appraisals, often multiple, based on the property’s highest and best use. Clark added that it’s important to note that these appraisals typically result in values significantly different from the tax assessments.
“When you’re exercising the power of the state to take something from people,” said Clark, “the government and the courts are trying to make sure that those people get the maximum value out of it.”
Councilman Fred Gasior stressed that the newly elected council members have no intention of raising taxes or building irresponsibly. He added that their first term has been dominated by a variety of issues, including those related to zoning.
Gasior, who is on the planning board, has recused himself from the Victory Road Warehouse application to avoid the potential for legal action. Following Clark’s lead, Gasior said he could only speak in generalities.
“Things that are in front of us right now, we can’t change,” Gasior said. “We didn’t adopt the zoning that you have in this town, but we what we can do is to try and adjust or make it better.”
“I know it’s frustrating,” reiterated Deputy Mayor Evelyn O’Donnell. “But that’s the law.”
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