The following article is rated "R" for language. If you are not interested in reading harsh
language, do not continue!
The Scene: November
16, 2020, at 6:58 pm: 2 minutes before the start of the Lawrence Township (virtual)
Planning Board meeting:
A middle-to-late aged woman can be heard loudly and
clearly saying, "There is
Nerwinski. He looks like a bum. I would like to kick him in the f-ing balls!"
This is what I heard within seconds of logging in to
attend the meeting. The Planning Board
Chairman quickly informed her that everyone could hear what she said because she
did not mute her audio. I am reasonably sure
that she had no intention of making this a public statement for all to hear and
was appropriately mortified (I think). I,
on the other hand, was stunned. To hear someone
I don't know at all speak with such anger towards me was…..equally jarring and
devastating.
People tell me that I need to be tough-skinned and
prepared to take abuse from unhappy residents in my position. Unfortunately, I am not tough-skinned, and I
am okay with being who I am. It makes
what I do a little more complicated, but that's for me to deal with, and I
do. So, I took some deep breathes, fighting off
the impulse to log out of the meeting since there were more than enough members
attending for a quorum, and I (along with other planning board members) sat
through three hours of site plan application by Amazon for a "Last Mile
Facility" on Princess Road, and rendered a decision that was supported by
the facts and the law.
But after working through this incident, I realized that
these planning board (and zoning board) hearings on development applications,
at times, stir powerful emotions from residents who believe approval would
negatively impact them. Their fear of a
change to the quality of life causes them to direct and project their anger
towards those they feel are responsible.
But, to be clear, I am not employed by Amazon; I am not the owner of the
commercial property on Princess Road; I did not have ANYTHING to do with coming
up with the idea of developing the commercial lot into a warehouse; I didn't
have anything to do with establishing the zoning for Princess Rd to permit warehouses
and other industrial buildings to be situated on it (that happened decades ago);
I didn't have anything to do with the approval and construction of The Gatherings which was built well
after Princess Road was zoned for commercial development, and I honestly didn't
feel like I was dressed or looked like a bum.
Yes, I was casually dressed, but my shirt was clean, my hair was combed,
and my face was shaved (around my goatee) …but I digress! My point is that I, along with the other
board members, are "involved" with the application because of our
membership on the planning board and for no other reason.
Despite the preceding paragraphs, this article is
not about any particular application before the planning board or the zoning
board, but rather to discuss how applications for developments come to be and the
role and the responsibilities of the planning/zoning boards have in deciding to approve
or deny them. Indeed, many books about this subject contain hundreds of pages referencing
statutes and cases that you can read to be better informed. Still, I offer the
following insights knowing that your daily lives are too busy to allow you the
luxury of actually reading a textbook on zoning/planning laws! The goal is to provide you some context about
development applications and how and why the boards make decisions.
First, you should know that almost all of the development
applications heard by the boards are initiated by private citizens or private
businesses, not your governing body or township officials. Second, every single application that complies
with the NJ Municipal Land Use Law and the Township Land Use Ordinance
requirements MUST be accepted,
processed, reviewed by Township professionals, and ultimately decided by either
the planning or zoning boards after a full and fair hearing. And when I say every single application.....I mean it. For example, suppose the
Lawrence Shopping Center wants to make an application for developing an
amusement park that will cover every inch of the property, or a local church
wants to build a 50,000-seat stadium next to Lawrence Road. In these cases,
despite their absurdity, the application MUST
be accepted and a hearing ultimately scheduled so the board members can decide
to either approve or deny. Third, each
board member must consider the NJ Municipal Land Use Law, the Lawrence Township
Land Use Ordinance, the testimony of the fact witnesses, the testimony of
expert witnesses, and the comments offered during public participation by
residents, property owners, or business owners before rendering their
decision. Finally, the mere fact that an
application becomes a hearing before a board in no way, shape or form, should cause
you to believe that the "Township" endorses it or wants it approved
and made a reality. That would be a
false assumption.
NOTE: Neither
the LSC nor the local church has any such plans!!!!
The Lawrence Township Planning Board currently has 11
voting members (eight residents of the community appointed by the governing
body, the Mayor, a Council Member, and the Municipal Manager). The Board's duties include supervision over the
drafting of the Master Plan for the Township (reviewed every six years), reviewing
proposed ordinances to make sure they comply with the Master Plan, and reviewing
and deciding every application for a proposed subdivision, development, or building
project (site plan) to ensure compliance with our land ordinance. This Board has the power to grant specific
variances (i.e., a request to deviate from a current zoning requirement) that
have to do with the shape and size of buildings and plots of land.
The Lawrence Township Zoning Board of Adjustment (the
Zoning Board) has nine voting members appointed by the governing body. The Board's sole authority is to review
development and building applications which require a "use"
variance. In addition to the "bulk"
size and shape requirements, each parcel of land is assigned a particular use (a
zone) or set of uses, which are permitted under the Master Plan and zoning ordinance. Any different use needs a variance. For example, building a commercial property
in an area zoned only for residential use would go to the zoning board for
review and decision.
The residents that serve on these boards are volunteers.
They donate their time reviewing plans and attending hearings (often late into
the evening) and, for the most part, do not receive much, if any, appreciation
from their fellow residents. Though it
is an important job, it is thankless.
But knowing the members as I do, they don't do the work to receive appreciation;
they do it out of their sense of community volunteerism and believing
themselves capable of the critical task.
Though many believe that these boards can vote to deny
applications because they are unpopular with a group of vocal residents who
attend the hearings in opposition, a denial of the application that bows to
peer pressure may not end the application process. New Jersey law sets forth
specific guidelines as to when applications should and should not be granted.
Notably, the members of these boards swear an oath
as follows:
I, [Jane
Doe] do solemnly swear (or affirm)
that I will faithfully, impartially and justly perform all the duties of the Lawrence
Township Planning Board/Zoning Board member according to the best of my
ability. So help me God."
I witnessed first-hand board members honor this oath,
understanding full well that their decision to grant or deny an application will
disappoint someone or many. Should a
board vote "no" without a basis in law or fact on an application, the
applicant can (and often does) appeal the decision to the Superior Court of New
Jersey. Significantly, the Judge who is assigned to hear the appeal is not
influenced by public opinion, and his/her job is strictly to apply the law. The Judge will consider the application's
facts and apply the law to determine whether the Board's decision should be
overturned, upheld, or if the Board should look at the application again. This
provides a check on Zoning Boards and Planning Boards, ensuring that the law is
enforced. Therefore, applicants that follow the law can count on their
application being granted by appealing to the Court.
Those who attend hearings, advocate for their interests,
or the more significant interests of the community should know, understand and
respect that the members of these boards have a fiduciary obligation to honor
their oath and the established laws of the State of New Jersey and the Township
of Lawrence. "NIMBY" (Not in My Backyard) is alive and well in every community,
including this one. It makes their decisions
that much harder, but our boards have demonstrated a commitment to do their job,
knowing if they vote to please a vocal crowd, all that would result is an
appeal to a Court, at significant cost and expense to the taxpayers of Lawrence
Township, and the ultimate approval of the application they denied for the
wrong reasons.
For the curious, do a Google search for the following
New Jersey cases: "The Pizzo-Mantin Case,"
"Toll Brothers v. West Windsor Case"
or "W.L. Goodfellows and Co. v. Washington
Township Planning Board," and you will get a better sense that a
board's denial is meaningless if the law or the facts don't support it.
I hope the above gives you a better understanding of
the planning board and zoning board process and a better appreciation for the challenging
responsibilities your fellow residents undertake when they volunteer their time
to serve on these boards. As for me, I
will work on toughening up and wear a full suit and tie, shave and comb my hair
when I sit at home and attend the next virtual planning board meeting. Well, what I said in the last sentence is not
going to happen. My position is firm on
this; apologies to all!
