SED code amendment KO’d

By kathy baratta
Staff Writer

HOWELL — An ordinance amendment proposal that would have allowed the inclusion of houses of worship, schools and day-care centers into Howell’s Special Economic Development (SED) zone has been rejected by the Township Council.

Following a spirited public debate on Dec. 16, council members voted 3-1 to reject the proposal.

Deputy Mayor Kimberly Alvarez voted in favor of the change, while council members Cynthia Schomaker and Fritz Kirchhof joined Mayor Timothy J. Konopka in voting against the proposal.

The idea of including churches in SED zones had initially been brought to the council by Calvary Chapel of Old Bridge.

The church, which boasts a membership of more than 4,000 people, wanted to develop 110 acres it owns on Fairfield Road into a school, church and day care center.

At a hearing in October, attorney William O’Hagan, representing the church, said the church’s plans at the Fairfield Road location included, for its "young demographics," after-school activities, outreach programs, festivals and fairs.

On Dec. 16, O’Hagan told the council that Howell presently has no zoning to accommodate churches or schools. He said residential zones were not equipped for what the church was planning and that it would be "completely disruptive" in a residential zone.

The SED zone is a special economic development zone primarily serving to provide a location for light industrial and commercial uses, combined with residential use.

Ken Allen and his neighbor Mario Raccuglia both reside on Squankum-Yellowbrook Road where they also operate their businesses. They told the council why they were opposed to the ordinance being amended to include schools and houses of worship as conforming uses in the SED zone.

Speaking of the SED zone where he has lived for 23 years, which he explained extends from Squankum-Yellowbrook Road to Interstate 195 and north along Route 547 toward Farmingdale, Allen said 73 percent of his zone includes businesses whose owners live on their business property.

He said he spoke to the other owners in his zone regarding the proposed SED amendment.

"Of the 40-something businesses in my SED zone, 22 of them say they are against it — let that speak for itself," he said.

Allen said there was concern by many that the placement of churches near these businesses would depreciate the value of the neighboring properties as prospective buyers might be loathe to purchase business properties near schools and churches, fearing future zoning changes detrimental to business.

Allen also said that on any given day there are trucks to and from the businesses in his area all day long starting at 7 a.m.

"Churches and daycare in the middle of dump trucks and tractor trailers — no good," he said.

Raccuglia said what is fair for one should be fair for all.

He told how at a personal cost of $10,000 to $12,000, he had to go before the zoning board in order to be able to subdivide his property and build his house. He said the zoning board is the proper forum for any nonconforming use in any zone.

Schomaker said she had no doubt the church would be a benefit to the community.

However, to Lloyd Pulley, pastor, and one of the representatives of Calvary Chapel present at the meeting, she said, "I question your faith in not going to the zoning board."

"It would behoove you to go to the zoning board — the proper channels like anyone else has to do it. Trust your faith that the Lord will help you through it. I was always taught that if it was meant to be it will be," Schomaker said.

Pulley said he had approached the council with the proposal upon the recommendation of other council members. He did not elaborate beyond that comment. A follow-up telephone call to Pulley was not returned.

Yellowbrook Road resident Wendell Hanson spoke at the hearing and said he is a member of the board of the Providence Christian Academy, West Farms Road.

Speaking against the SED ordinance amendment, Hanson said an ARE-6 zone was a great location for a church. He said Providence Academy "found 67 acres and went to the zoning board. Calvary can do the same."

Speaking after the meeting, Township Manager Bruce Davis told the Tri-Town News a church, daycare or school could be an accepted conditional use in an ARE zone if it is on an arterial or collector road and comprised of 10 or more acres.

Alvarez, speaking at her last public meeting as a councilwoman, labored to make the point to all that the zoning amendment was for the purposes of addressing all SED zones and not just the Fairfield Road area as a concession to Calvary Chapel.

Konopka said that action by the council altering zoning board policy was a governing body prerogative that is exercised from time to time.

While stating, "the zoning board has done a tremendous job," Alvarez went on to note, "unfortunately, politics and appointments have been able to change all that and the council had to take a stand."

Councilmen-elect Pete Tobasco and Joe DiBella challenged Konopka’s and Alvarez’s assertion regarding the reason for the SED ordinance amendment proposal.

Tobasco said that since being elected, they had become aware of "16 separate rezoning requests before the council right now. We find that kind of odd."

DiBella said he didn’t like the idea of the governing body circumventing directives of the Planning Board, which had recommended against the zoning amendment, or trying to legislate a shortcut around the zoning board.

"We do our boards and professionals no justice when we cut their legs out from under them," DiBella said.

Upon closing the public hearing and before the vote was taken, Kirchhof made one last observation from the dais.

Said the councilman who was attending his last meeting, "I more than welcome a church. Nonetheless, there is a certain protocol, be it the master plan, zoning board or planning board. Go through the proper channels like everyone else."

Konopka said even though there was support for the church coming in, he did not want the council to set a "bad precedent."

"We have a fair and impartial zoning board. They’ll do well there," the mayor said.

Alex Nikuelez is a congregant of Calvary Chapel and is also the project manager for the development of the Fairfield Road property. Reached after the council’s vote to reject a church’s inclusion in the SED zone, Nikuelez would not say if the church would make an application to the zoning board. He said the church would examine its options.