Zoning shouldn’t be a la carte

I am writing concerning the newly proposed ordinance in Red Bank, whereby residents/developers may request a change of zoning for their property in order to have it comply with a project they wish to put upon it.

Aside from the fact that this is exactly what you are trying to avoid by having zoning laws in the first place, I find two things rather curious about this whole matter.

First, this ordinance was proposed by new Borough Attorney Kenneth Pringle. A developer, whom we now know was Terranomics, contacted Mr. Pringle directly because the property in question did not conform to the project they have in mind for it.

Rather than go to the Zoning Board with attorneys, expert witnesses, etc., and prove why the borough ought to waive the existing zoning ordinances, Terranomics was looking for a way to bypass all of that and simply apply to have the zoning changed for the property. Ignoring the fact that the rest of the neighbors would remain in one zone, while this sole property becomes another, I am curious as to why they went to Pringle in the first place.

The logical contact, Donna Smith Barr of the Planning Board, was quoted in The Hub as saying she has received no such requests from developers nor residents. So it would seem that because one very prominent developer contacted the borough attorney, we are going to leap to action to accommodate their request.

Second, I was part of a group of residents who felt that the Zoning Board of Adjustment was not properly considering the concerns of residents when a developer sought to put twice as many condos as allowed by ordinance neighboring our properties. We correctly felt that the current ordinances were set up to protect us from such over development, and took our case to the mayor and council, then represented by Richard O’Connor.

At a very well attended meeting, all but Councilman John Curley, Councilwoman Jennifer Beck and former Councilwoman Bette Thompson refused to hear the matter. They were advised by counsel that they could not get involved in matters before the Zoning Board of Adjustment

I think that they ought to continue to head that advise, and step away from this newly proposed ordinance altogether.

Finally, it seems to me that having two attorneys, a builder and a HVAC contractor on the borough council, it will be difficult for this body to hear zoning cases by developers and be free of conflicts of interest, perceived or otherwise. If developers or residents go to the zoning board of adjustment and are denied a project because the property is not zoned for it, they do have an alternative without any new laws needed. They may appeal any decision made by that body to the state of New Jersey.

This is the only recourse residents have when an oversized condo project is approved next to their homes, and it ought to be the same when the ball bounces the other way.

Had it occurred to me then that I could simply call the borough attorney and ask him to change the zoning of my home to prevent such a project from moving in, I could have saved myself a lot of time and money.

Michael W. Reeps

Red Bank