Notification change called ‘builder friendly’ in debate

Notification change called
‘builder friendly’ in debate
BY KATHY BARATTA
Staff Writer

HOWELL — Former mayor Suzanne Veitengruber says a change in a law that requires property owners to be notified when something is planned to be built near them is "builder friendly."

Before the 4-1 vote to revise the township’s land use ordinance regarding notification of neighbors living near a proposed construction project, Veitengruber told the mayor and Township Council members that by reducing the notification distance in an agricultural-residential 2-acre zone from 500 feet to 200 feet, they were doing developers a favor.

She said keeping the 500-foot notification requirement in place only meant a developer would have to "spend an extra $15 for postage and still make millions."

Veitengruber, who said she was mayor when the 500-foot notification amendment was put into effect, noted, "some of us wanted 1,000 feet."

Township Attorney Thomas Gannon explained that the amendment was being adopted in order to bring Howell in line with the state notice requirement of 200 feet. Gannon said the amendment was being made at the recommendation of attorney Jeffrey Lehrer, who handles Howell’s affordable housing issues.

Gannon said Lehrer told him the state does not allow municipalities to exceed the state notification requirement of 200 feet.

According to Veitengruber, her administration was assured by the township attorney at the time that their ordinance mandating a 500-foot notification was enforceable.

"It hasn’t been challenged in 14 years, why change it?" Veitengruber asked.

"The law is clear. There has to be uniformity," Gannon told the former mayor.

Gannon explained that not only would Howell likely lose in a court challenge of the 500-foot notification requirement, an applicant could also get a denial of an application overturned due to the unlawful notification requirement.

He said even though the "bottom line" might mean there is no case law precedent set yet, he and the Planning Board attorney agreed with Lehrer that the revision should be made before the town is faced with a court challenge of the municipal ordinance.

Fort Plains Road resident Carol Reed, a past member of the environmental committee and a former chairwoman of the Farmer’s Advisory Committee, agreed with Veitengruber and told the council members that in adopting the ordinance they were doing a "disservice to people."

"Developers don’t want people to know what their plans are. They want their plans to pass and they don’t want controversy," Reed said.

Councilman Juan Malave was the only member of the governing body to vote no on the ordinance. He said no two towns in New Jersey are alike, and because of that, it should be left to each town to establish its own notification requirements.

Mayor Timothy J. Konopka and council members Cynthia Schomaker, Joseph DiBella and Peter Tobasco voted for the notification change from 500 to 200 feet.