BY JANE MEGGITT
Staff Writer

UPPER FREEHOLD — The township’s Planning Board gave Mary Kossatz what she wanted last week.

During its Feb. 22 meeting, the board granted Kossatz, of Emley’s Hill Road, a variance to create two 2-acre lots where it would usually allow one 3-acre lot.

In 1989, Kossatz placed 59 acres of her property into the township’s farmland preservation program. She kept 4 acres out of the preservation agreement, as she planned to eventually subdivide them into lots.

At that time, the township’s zoning laws would have allowed her to create four 1-acre lots. Over the years, however, the township’s zoning laws changed, and in 2003, the township went to only allowing 3-acre lots.

Kossatz’s attorney, Michael McGee, told the board the two proposed lots conformed to all township requirements, except lot size. Perc tests performed on the site were good, he said.

McGee argued Kossatz’s situation is unique. Since the land surrounding her lots remains in farmland preservation, he said she wouldn’t have the ability to gain extra acreage to make the lots conform to 3-acre zoning. McGee asked the board for a variance based on his client’s hardship.

“The hardship bothers me,” board member Barry Wright said. “We’re not the board to hear hardship [cases]. Are we setting a precedent that anyone with a substandard lot can come before the Planning Board?”

When Wright asked Board Attorney Frank Armenante if granting the variance amounts to spot zoning, Armenante said the board should consider any damage the variance could do to its zoning and master plans.

McGee said each variance application must stand or fall on its own merits.

Vice Chairman Daniel VanVoorhis said he would give special consideration to Kossatz’s application because she contributed to the township’s farmland preservation program.

Wright said people already receive compensation for preserving their land.

“If we want to go to 2 acres, change the town [zoning] and go to 2 acres,” Wright said.

When board member Joe Toscano asked Kossatz why she didn’t subdivide the property from 1989 to 2003, Kossatz said her husband and her former attorney both died during those years so she did not proceed with her plans to do so.

Former Mayor Robert Abrams, who was in the audience, said, “It is hypocritical of you to turn this down when a developer can come in here and get bonus density [for cluster zoning].”

Abrams said that even though the zoning laws changed, the township offered a grandfather provision for people who had nonconforming lots.

McGee called his client an individual who found herself in a difficult situation.

“She’s an older woman who’s not as savvy in the practice of real estate development,” McGee said.

When board member Stephen Fleischacker asked Armenante what effect granting the variance would have on future subdivision applications, Armenante said that any attorney could argue that the township should grant exceptions.

Whereas Wright said the board should try to establish a principle by not granting the waiver, Fleischacker said the 59 acres in preservation proved to be a strong argument for unique circumstances in Kossatz’s application.

VanVoorhis called the variance an exceptionally unique situation, saying that he was not afraid it would set a precedent.

“It [the land] was set aside 15 years ago,” Armenante said. “You’re not going to get many similar cases.”

The board approved the variance by a 6-2 vote, with Toscano and Wright voting against it. Board member J. David Holmes abstained.