West Windsor Town Council Authorized Eminent Domain Years Ago. Monday, July 17th, They'll Pull the Trigger. Residents should Attend, According to Letters to the Editor, By Stephen Francis and Anonymous (Includes Update)

The following contains publicly sourced information, The Voice is not responsible for possibly incorrect information, as new information becomes available, like the sale of the lovely home pictured, now slated for destruction:

Dear Editor and neighbors,

Did you know that the West Windsor Town Council authorized the use of eminent domain, specific to Penns Neck, years ago?  The Town Council always says they have no control over the planning board, but they absolutely had the power to deny that the additional lots be added to a redevelopment zone, making the whole project impossible. They could have prevented this from happening. Now, This Monday, they will vote on a resolution that commits the Township to using eminent domain on THREE LOTS - ON BEHALF OF THE DEVELOPER! What happened to the greater good? Eminent domain for developer profits? Shocker... The resolution even states that not all of the properties are suitable for condemnation! 

Buried in the 75 page agenda, on page 34, is the Resolution 2023-R149 that approves the "Redeveloper Agreement" which is not published on the site or in the agenda, last this author checked. Note that it was a unanimous "YES" according to the minutes.

YES: Miller,  Zhang, Geevers and Manzari
ABSENT: Hamilton

The last page, page 4, of the Resolution states, "WHEREAS, the Council further concurs with the Planning Board's findings that, although Block 38, Lots 1 and 3, and Block 39, Lots 4, 7, and 16 do not meet criteria set forth in N.J.S.A. 40A:12A- 5 for redevelopment area designation, such properties should be so designated, under N.J.S.A. 40A: 12A- 3, because their inclusion in the area is necessary for the effective redevelopment of the Study Area, for the reasons set forth in the Report, at the hearing on July 24, 2019 and in the Planning Board Memorandum." In other words, "we're gonna do it anyway." I guess if you put "whereas" in front of even poor judgment, it sounds like you know what you're doing.

When reading the settlement agreement, there is something pretty bonkers at PDF page 20, Agreement page 12. It describes the procedure for handling the situation where the owner(s) of the three lots, not owned by Penns Neck, refuse to sell, and, per the Agreement, the Township is obligated to take the land by negotiated sale or force. For the purposes of the Township negotiating to buy the land, the Agreement reads on this page:

"The fair market value of the respective Third- Party Properties set forth in the Real Property Appraisal Reports shall be the amount initially offered [by the Township] to the respective Third-Party Property Owners (the "Offer Price"). Pursuant to Section 3.06(c)(j), the Township shall keep Redeveloper fully apprised of the progress of the bona-fide good faith negotiations, including any counteroffer made by a Third-Party Property Owner. To the extent permitted by Applicable Law, the decision to accept or reject a counteroffer made by a Third-Party Property Owner shall be left to the sole discretion of Redeveloper."

It appears the Redeveloper (Penns Neck) is given the power to decide whether a counteroffer from the non-sellers will be accepted by the Township. Essentially the Township is allowing the Redeveloper to negotiate the price, but while using all the authority of the Township, including the gun of Eminent Domain held to the head of the non-sellers. The Developers are literally acting as and running the Town for purposes of this deal.

Thank you,  Anonymous

Stephen Francis writes: 

Eminent Domain is out of control.

Eminent Domain. An easy tool to allow developers, in concert with local government, to grab private property for the economic benefit of developers, often to the detriment of individual property owners. The history of eminent domain goes back centuries and was intended to allow public bodies to use private property for the public good (like train tracks connecting communities) not for developer profits. It also recognized the fair compensation of displaced property owners. But who gets to decide what is fair? When a property owner has established a life and home they love, no monetary compensation is “fair.”

I am a resident of Penns Neck, New Jersey, a part of West Windsor Township but with a Princeton zip code. On the busy stretch of US 1 through Central Jersey, it abuts up to US 1, one of the busiest intersections in the area. The intersection is commonly known as the Washington Circle although it is more of a badly evolved set of two half-baked jug handles. It is a nightmare intersection that has claimed the lives of too many people, may they rest in peace.

The US 1/Penns Neck frontage is approximately 600 yards. It has a historic church, an old gasoline station, and a house that has been an eyesore for decades, more on that later...

Behind the frontage is a vibrant neighborhood with a mixture of single and two story homes. There are 213 residences with an average square of 1,940 sq ft with half-acre lots. It is a very walkable neighborhood. I have lived here since 1989 and my wife has family roots dating back over 70 years.

A study was commissioned by the Township in April of 2019 to review the properties. Ten properties covering 5.4 acres were to be classified in need of redevelopment or not in need of redevelopment. The consulting firm opined that only 3 of the properties met the criteria for redevelopment. 2 further properties were added to allow “connectivity” between the 3 properties. Yes, they really did say that. PS, “redevelopment” includes eminent domain.

On July 24, 2019, the planning board reviewed the consultant’s recommendations. It was clear that the planning board was more interested in the developers’ needs than the concerns of the residents. Upon the suggestion of 2 planning board members, it was decided to add 6 properties not in need of development to the list of properties to be destroyed, even perfectly good homes. The reasoning was that the developer needed additional buffer space to make the project more profitable. By taking 4 homes the developer would gain over 100 feet of “buffer.” But rather than use that as a buffer, it is being used to expand development!

There is no question that the Penns Neck frontage along US1 is dragged down by dilapidated properties, but why? Ironic that the owner of one of the properties that was blighted has quietly been buying up properties in the zone. The properties immediately bordering US 1 were purchased in 2007. Two of those properties were vacant and another property had a building on it. Between 2007 and today, the owner has done nothing to maintain the building and it became extremely dilapidated. In 2016 the same owner purchased properties adjacent to the other properties. Those properties are in very good condition. By allowing his properties along US 1 to fall into disrepair, Martin Kahn's lack of stewardship was rewarded by having the township put his other properties into the development zone, along with 3 other properties that don’t even belong to him.

Over the past few years there have been planning board meetings to review proposed development plans. There has been significant participation from Penns Neck residents.

The mayor attended a neighborhood meeting in Penns Necks in 2020 to market the developers’ plan. It was readily apparent the mayor was lecturing the residents, trying to sell us on the plan. He even promised a buffer zone on the scale of the buffer zone behind McCaffery’s on Route 571. Fast forward to the last planning board meeting on June 14, 2023 when the latest iteration of the conceptual site plan was unveiled. The so-called buffer zone is only 30-40% of the scale that exists behind McAffrey’s. The proposed traffic circulation plan is unsafe, located at a treacherous and deadly intersection of Route 1. The hours of operation of the businesses are unacceptable so close to a residential neighborhood, but greed gets rewarded and promises are broken.

The most interesting dialogue during the meeting was between a councilor and the developer’s representative. As a background, there are two separate property owners involved who do not agree. When the councilor asked the developer what happens if the other property owner doesn’t agree, the developer said they would threaten the property owner with condemnation (eminent domain). The way the developer said it led me to believe that the developer is calling the shots and he assumes the planning board/town council will agree. Odd question for the councilor to ask when it was the Council that authorized the use of eminent domain in the first place.

Let’s just say, it’s another bad plan put forth by this administration, that will further industrialize West Windsor. It will create unsafe, unhealthy, inconvenient, life-disrupting circumstances that will likely impact property values and quality of life, diminishing the hometown feel we once knew and loved, all for developer profits, again… We’re starting to see a common thread here.

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UPDATE: Click here to watch the whole meeting. See how pressure from the residents and candidates got the Town Council to vote down 

Resolution 2023-R149. See how community engagement is paramount to the overall well-being of the community. 

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