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Branchburg And Builder Fight Over 206-Acre Farm's Future

Laptop Battery River-Lea Farm in Branchburg is the picture of a family farm. It's so perfect a setting -- with its grain fields and red barn -- that then-Gov. Christie Whitman picked it for a photo opportunity when she sought drought disaster relief for farmers three years ago.

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Thinkpad The 206-acre farm on South Branch Road now is the subject of a Mount Laurel low-cost housing lawsuit and may see condemnation proceedings as the township and home builder Toll Brothers spar over its future.

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Microsoft Toll Brothers has sued the township, its planning board and the state Council on Affordable Housing, calling Branchburg's land-use practices "unconstitutionally and unlawfully discriminatory against lower-income households." The developer is demanding the courts grant it the right to build low- and moderate-income housing on the farm.

"(The scenarios) 11 type of disaster where the office could lose the entire server farm and all the bodies associated with maintaining it, screening a server."

Laptop Computers Mayor Tom Young said the township wants to buy the land, and may take action as early as Monday to begin the process of purchasing it -- eventually condemning the land if necessary.

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Laptop Computer "The whole thing boils down to this: They want to put up a tremendous amount of homes, probably close to 600-plus, and it's just not something we're going to sit idly by and let happen," Young said. The township has negotiated with the farm's owner for months to buy the land and offered more than the $12.3 million appraisal price, he said.

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Desktop Computer Branchburg residents this month voted to raise their own taxes -- from 3 cents per $100 of assessed property value to 5 cents per $100 -- to provide more money to buy open space. The mayor said River-Lea Farm is prime for that.

Notebooks "It's the center of town, it's close to town hall, and it's the biggest tract of land that's visible to all residents in Branchburg," he said.

Lenovo In its lawsuit, Toll Brothers said the farm property is right for affordable housing because it is near highways, schools, retail services, public water and public sewer availability.

Hard Drive Toll Brothers is seeking a "builder's remedy," in which a developer is allowed to build houses at a higher density if it includes Mount Laurel affordable housing. All towns in the state are required to provide Mount Laurel housing, the result of court decisions in the 1980s and 1990s.

Travelstar The Branchburg farm in question is zoned for one house per acre.

Gateway "It is approvable, available, developable and suitable," the lawsuit said.

Laptop Parts Dave Kanach grew up on River- Lea Farm; his father bought it in 1955. He said he tried to negotiate a sale to the town, but the two sides could not come to terms. Toll Brothers has an option to buy the property.

Software Kanach, who raises grain, hay and vegetables there, said one reason he opted to sell was another land-use trend: Many municipalities are "down zoning," or reducing the number of homes that developers can put on a piece of property, by increasing the minimum lot size required per house.

Hard Drives "It's very scary. A farmer always had his equity as his retirement. When towns down zone, that gets wiped out," he said.

Electronics Kanach said he could say little about the Mount Laurel suit. "We negotiated with the town for many months, thinking we could reach an agreement, and were unable to do that," he said. "I just thought in the Constitution there were property rights."

Canon For his part, the mayor called Toll Brothers' lawsuit "transparent."

Desktop Pc "Their incentive is to make a profit," he said.

Desktop Computers Branchburg has tried to comply with Mount Laurel, he said. The township submitted a housing plan to the state, but it was put into mediation in 1998 after another developer, seeking to build in the North Branch section of town, challenged it.

Think Pad Toll Brothers is also suing the state Council on Affordable Housing, saying that it has failed to release the newest "fair share" numbers for communities, which spell out how many Mount Laurel houses each town must provide.

Repair E.J. Miranda, a spokesman for the state Department of Community Affairs, which runs COAH, said the methodology is still being developed. He said the release was held up because of the change in administration in Trenton and issues with Census figures.

By Jeanette Rundquist
Star-Ledger - 11/22/2002

Topic: Sprawl

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