HOWELL – The Township Council will hold a public hearing on an ordinance that will, if adopted, eliminate the right of an individual to appeal a decision made by the Howell Zoning Board of Adjustment to the Township Council.
Mayor Theresa Berger, Deputy Mayor Evelyn O’Donnell and Councilman Thomas Russo voted to introduce the ordinance at the July 16 council meeting.
A public hearing on the ordinance has been scheduled for Aug. 13. Council members may adopt the ordinance following the public hearing.
Under existing law, any interested party may appeal a zoning board decision regarding an application for development to the Township Council. The proposed ordinance would remove the option for an appeal to the municipal governing body.
Township Attorney Joseph Clark explained the reasoning behind the ordinance, saying, “Basically what happened is that during a recent zoning board matter, we were reminded the township has an ordinance on its books permitting appeals to the council of certain zoning board decisions.
“I researched the issue and learned that even though the ordinance exists, parties typically do not file appeals to the council, instead they usually file a lawsuit directly in state Superior Court.
“In the rare instance when an appeal is filed with the council, the council’s decision is almost always appealed to Superior Court. So as a practical matter, the ordinance does not expedite or otherwise assist in disposing of issues. Instead, it adds a layer of time and expense for parties and the township.
“Therefore, the council is moving to repeal the ordinance. Interested parties will still be able to appeal (a zoning board decision) directly to Superior Court, which is where the appeals inevitably end up,” Clark said.
During the public comment portion of the July 16 council meeting, resident John Doherty clarified that he did not want to conflate the proposed ordinance “with the L&L Paving” situation.
In recent months, Doherty and more than 400 residents of Equestra, an adult community in the vicinity of a proposed asphalt plant, signed a petition stating their opposition to the L&L Paving application. The asphalt plant was subsequently approved by the zoning board.
“My thought is that the public should have an opportunity to pay a reasonable fee and also give the mayor and council an opportunity to state its position on whatever the matter might be. You know if you take that (right to appeal) away, people will really feel they don’t have the opportunity,” Doherty said.
Clark said as long as he has been in the position, there have not been any appeals of a zoning board decision.
“I don’t really care that the (right to appeal a zoning board decision) has not been used for years. The fact it is there is one more chance, at least, when that opportunity rises,” Doherty said.
Residents may comment on the ordinance during the Aug. 13 public hearing at the council meeting in the Howell municipal building, Route 9.
