February 27, 2007

Facing Challenges to Natural and Historic Resource Preservation

On February 20th we asked the Hazlet Township Committee to begin to take the authoritative steps to protect and preserve Stone Road Meadows and the Van Mater Homestead - two of our last surviving historic, agricultural and open space sites.   In New Jersey , municipalities are empowered to make historic designations and related zoning changes under the precepts of Municipal Land Use Law. As is the case with many important decisions made by local governing bodies, a decision by the Hazlet Township Committee to designate these properties as Historic Preservation sites may very well give rise to legal challenges by the current owners. These developers may have constitutional grounds for varying degrees of entitlement to compensation for the possible detrimental economic effects that such zoning changes may have on their investment expectations - but then again, they may not. That is what the courts decide - on a case-by-case basis - the burden of proof being upon the plaintiff.

We must ask ourselves this question: How are we to succeed with the stated goals of the new, voter approved, Open Space Trust Fund initiative ( natural, historic and agricultural resource preservation), if we are not willing to meet such challenges head-on, if we do not have the resolve to resist and to fight? If we do not put the expressed desire of the voters and the greater good of the majority above the often greedy and always profit driven motives of a few developers, we may just as well abandon the Open Space Trust Fund Plan before it is begun - because every property that will be included in the Plan’s Recreation and Open Space Inventory will be open to potential legal challenges when and if future preservation actions on those sites are undertaken by the Municipality.

Without our steadfast determination, the Plan will never take root - it will amount to nothing more than another exercise in futility - an illusive vision - an unachievable goal - an empty expectation - doomed to a painful death - as the last remnants of our open space, historic, and agricultural resources succumb to the bully tactics of developers, the lack of commitment on the part of our local governing bodies, and the absence of citizen involvement.

Oftentimes, good things can only be achieved through struggle. Accordingly, elected officials, and voters alike, should not be suddenly surprised at the prospect of having to do battle in court to gain control of these very desirable and limited local treasures. One thing we can be sure of - we will never triumph if we are afraid to rise to the challenge – if we fail to demonstrate that we truly reject further overdevelopment and the destruction of our very last remnants of natural and historic resources.

Looking ahead, if we should be compelled to go to court in defense of our right to preservation efforts, it is important to note that in response to increasing public sentiment to end further overdevelopment and preserve our natural resources that the will and the rights of the people to pursue the greater good and improved quality of life for the community at large bear significant influence and sustainability in the courts.

Ours is by no means an un-winnable battle - a negative court ruling is not a foregone conclusion. It is both our right and our duty to make our stand - to hold our position - to say no to the further demise of our precious resources. If this means finishing the battle in court - so be it. It is an honorable purpose, well worth fighting for. In contrast, however, yielding to knee-jerk reactions such as backing away from prospects of legal opposition will surely prove to be reckless, self-defeating, and irreversible.

Therefore, we hope that the members of the Township Committee will give keen consideration to these available alternatives and, with bipartisan support, will move forward with a motion and a resolution authorizing the establishment of a Historic Preservation Ordinance and Commission, as an immediate preventative measure to protect these irreplaceable landmarks.

But, let us be forewarned - if we and our elected officials are unwilling to take the ball and run with it, for fear of legal challenges - our fate is already sealed. If we are unwilling to fend for our heritage - then we might as well kiss it all good-bye - now - and forever!

John M. Curran III

President

Hazlet Area Quality of Life Alliance

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