Colts Neck committee urges Legislature to oppose S4736 as residents press preservation fight

Colts Neck’s Township Committee voted Nov. 12 to approve a resolution urging state lawmakers to defeat S4736, a bill the committee described as creating a pathway for state preemption of local zoning rules and enabling expanded conversion of religious and nonprofit property for inclusionary affordable housing. The resolution passed on a roll-call vote with all members recorded as voting yes.

The resolution’s sponsor told the meeting that S4736 would “preempt local zoning municipalities like Colts Neck” and argued the township should preserve control over where and how development occurs. Committee members said the vote was intended to signal the township’s opposition to a legislative approach they view as eroding municipal planning authority.

Why it matters: Officials and residents framed the item as part of a broader struggle over how Colts Neck meets state affordable-housing obligations. The meeting centered on three properties that officials said are under active interest: Wellspring Farm (along Route 537), a 40-acre parcel on Dutch Lane/Boundary described in the meeting as deed restricted, and a March Associates proposal near Ory Road. Committee members said the Navy has raised safety objections tied to a 3,000-foot setback around Naval Weapons Station Earl, making portions of some parcels unsuitable for dense housing.

Committee member Dan Bazetta (as recorded in committee remarks) summarized the town’s approach: defending zoning where properties are unsuitable for development, exercising the town’s right of first refusal when possible, and seeking voluntary preservation or deed-restriction extensions. He urged residents to contact state legislators and to participate in preservation avenues and county open-space referenda.

Public response: The meeting drew a large turnout for a lengthy public-comment period. Residents pressed officials for concrete steps: pursuing Green Acres grants, using preservation partnerships with the county and Mammoth Conservation Foundation, considering eminent domain (with officials noting legal and financial limits), and aggressive municipal acquisition where feasible. Kevin O’Brien asked whether the town had pursued Green Acres funding and eminent-domain authority; the committee said it has pursued multiple preservation avenues but is constrained by appraisal limits and the high prices developers can offer.

Legal process and timeline: Officials said the town filed its Round 4 plan with the state by the June 30 deadline, which provided a 60-day window for objections. The committee reported three objectors to the plan (including the Fair Share Housing Center and developers) and said the plan is now in mediation overseen by a retired judge. Officials warned mediation could lead to litigation if settlements are not reached and urged residents to prepare for a potentially multi-year legal process.

Finance and administration: The committee also highlighted town-finance implications of any sustained legal fight and emphasized the need for transparency on legal costs and budget impacts. Officials said preserving open space is costly and often requires coordinated funding from county, state and nonprofit partners.

What’s next: The committee said mediation hearings are scheduled in the coming weeks and encouraged residents to subscribe to township notifications for updates and to contact state legislators directly. The committee said it will continue to defend the town’s zoning and pursue preservation when possible.

Vote at a glance: Resolution urging defeat of S4736 — Approved by roll call (Deputy Mayor Viola: Yes; Committee Bizetta/Bazetta: Yes; Committeewoman Fitzpatrick: Yes; Committeeman Rudo: Yes; Mayor (recorded): Yes).