Judge reverses 6-acre zoning in Howell Twp.
Property owners sued town after 2001 council action
BY KATHY BARATTA
Staff Writer

A state Superior Court judge has dealt a blow to a Howell zoning ordinance. The decision rendered by Judge Ronald Reisner, sitting in Freehold, means that 6-acre residential zoning in north Howell will revert back to 1-, 2- and 3-acre zones and could end up affecting the township’s master plan, the document that governs development in the town.

Township Attorney Thomas Gannon said he is not certain what impact the decision will have on the master plan. He was advised of the decision through a conference call among the judge and all parties to the suit. He said he is waiting for a copy of Reisner’s written decision.

Gannon said the Township Council will have to adopt new ordinances affecting the master plan or appeal the decision to a higher court. His recommendation to the council will come after he reviews the decision.

Reisner’s ruling came 18 months since the close of litigation brought against Howell by resident Vincent Tantillo, who along with eight other private property owners and two developers sued the township over the 6-acre zoning that was enacted in the summer of 2001.

Tantillo has lived in Howell for 40 years and is a former member of the Zoning Board of Adjustment. He said he was thrilled to find out “you can fight city hall, and win.”

According to Tantillo, Reisner not only changed the parcels in question back to their previous zoning, he also reinstated the original property setbacks from 50-foot buffer zones to 30-foot buffer zones.

As township officials are now working to update the master plan, Tantillo said he had advice for property owners facing new 6-acre zoning.

“All these people that oppose the (newly proposed) zoning change, go to the meetings, go to the Planning Board and hammer them,” he said.

The zoning change that was enacted in 2001 changed a portion of the north Howell Special Economic Development zone into ARE-6 zoning.

Other changes converted ARE-1 and ARE-2 zones into ARE-6, which meant one home would have to be built on 6 acres rather than on 1 or 2 acres on all properties north and south of Elton-Adelphia Road (Route 524) between Route 9 and Yellowbrook Road.

Casino Drive, where Tantillo lives and owns property, and West Farms Road were the southern boundaries of the zoning change.

Timothy J. Konopka, who was mayor at the time of the zoning change, said he is “disappointed” by the judge’s decision. Konopka, a major proponent of the 6-acre zoning, had always maintained the rezoning was necessary in order to preserve Howell’s “rural character and natural resources.”

He said he is confident the present council will appeal the decision.

“If [the zoning] goes back, the whole area will be devastated by development,” the former mayor said.

Konopka then turned a critical assessment to this recent Superior Court decision, one of several, he observed, that had Howell on the losing end.

“These judges that don’t live here make decisions that hurt the town. You have to question why these judges always side with developers against the town. Their decisions are always profitable to the developers to the detriment of the town,” he said.

Noting that the zoning change had been recommended by two professional planners, Konopka reiterated his belief that the decision to change the zoning to 6-acres and to revise the sewer plan was “the right way to control building and preserve farmland.”

Attorney Ernest Bongiovanni was hired by Tantillo and the other private owners to represent them in the matter.

Bongiovanni has previously served as legal counsel for the zoning board.

Bongiovanni, noting that the zoning change occurred just before a controversial development application before the Planning Board was due for approvals, said he believes township officials’ haste to act is what worked against them in the judge’s eyes.

Said Bongiovanni of Reisner’s decision to rule against the township officials’ purported reasons for the rezoning, “It shows they should pay attention to the laws and needs of citizens rather than exploit matters for political reasons.”

Mayor Joseph M. DiBella said he was disappointed by the judge’s decision. He said he will consult with Gannon to determine the municipality’s best options in the matter. DiBella said the options include updating Howell’s land use plan by recategorizing the properties in question as 6-acre and then appealing Reisner’s decision.

“6-acre [zoning] is warranted and appropriate and we will exhaust every remedy available to protect open space in this town and prevent unnecessary residential growth,” DiBella said.