CRANBURY - The attorney for the owners of an 150-year-old family farm says he will go to court to stop the township from taking the land to meet its affordable housing goal.
"We're not selling," said attorney Timothy Duggan, who is representing Andy and Christopher Henry whose company owns the farm on South River Road. "We have no intention of negotiating with them at all or allowing the property to be taken by eminent domain."
Duggan vowed to take the legal fight wherever it goes.
"This is not about money," he said. "It's about taking a farm that has been owned by the family for more than 150 years. Andy and his brother support affordable housing, but you shouldn't take a farm to build it. We believe there are much better places to put affordable housing in the township. If they [the township] want to take the property, they will have to take this to the highest court in New Jersey."
The 21-acre farm is off Exit 8A of the New Jersey Turnpike and is in a neighborhood already developed with warehouses.
The Henry brothers live in New Mexico, but return to Cranbury regularly to check on the farm, which is is leased to a tenant who raises cattle and sheep.
The family became aware of the township's plan to acquire the property through condemnation when they received an April 21 letter from Township Attorney Kevin Van Hise saying that the township was interested in the property to help Cranbury meet its state-mandated fourth round Mount Laurel affordable housing obligation of 265 units.
The letter said that if Cranbury couldn't reach an agreement with the brothers on a purchase, the municipality has the option of using its power of eminent domain to acquire the land.
Andy said he was "totally shocked."
'This brings us no joy'
At the May 12 Township Committee meeting, despite vocal opposition from some residents, the elected officials approved an ordinance to acquire the property, as well as another South River Road lot, for affordable housing.
Mayor Lisa Knierim said affordable housing criteria has changed dramatically over the last 40 years, prompting municipalities to change how they identify affordable housing sites.
Knierim said the state-mandated criteria − sewer, water, proximity to mass transportation and a 250-foot warehouse buffer − narrowed the list of township properties suitable for affordable housing.
She said the availability of sewers and water restricts the available sites because Cranbury has very limited land west of Route 130 that meets this criteria.
The mayor said the access to mass transit is also an issue.
"We are a transit desert in my opinion, except for Route 130," she said.
The 250-foot warehouse buffer requirement also narrowed the possibilities, the mayor said. The properties previously identified as developable are now ruled out, she said.
"When you combine all of this criteria, the Township Committee was left with a very short list," Knierim said.
She said the township will submit its plan to the state as required by June 30.
"This brings us no joy," said Township Committeeman Robert Christopher.
"This is not where we want to be, but we're trying to do what's best for the town and trying to get ahead of this," said Township Committeeman Matthew Scott.
An overflow crowd attended the packed Township Committee meeting.
Besides objecting to the township taking the family farm by eminent domain, residents also took issue with the location, which is on the opposite side of Route 130 from Cranbury's downtown area.
Former Mayor Jay Taylor told the Committee he did not oppose affordable housing, but wanted "to stand up for integrity of the process, of principle and of people."
"Andy has stewarded his land in our spirit of preservation for over 150 years, not for profit, but from a deep-rooted connection to this town and its soil," he said.
The township has long designated the farm as a vital environmental buffer in a light industrial zone and plays a critical role in storm water management and ecological balance, Taylor said.
Another resident called taking the farm for affordable housing "heart-wrenching."
Duggan said that taking a farm for affordable housing in a warehouse district is inconsistent with the township’s master plan, which he said states that the Township wants to preserve its historic farms and place the warehouses by the New Jersey Turnpike.
"To do an about-face and use the power of eminent domain to take a historic farm and place your low-income housing next to large warehouses is simply bad policy and bad planning," he said.
Andy Henry, who grew up in Cranbury, said the property has been targeted by developers and if the family had sold the property, it would have been a warehouse.
"So that's what you should do," he said. "Find another place. Just pretend this is a warehouse. You now have the opportunity to set things right and cancel this taking."
But now they want to change the plan, he said.
A Gofundme - Save Andy’s Family Farm – A 150-Year Legacy at Risk, set up by resident Karen Herr DeRosa, on May 9 had raised more than $6,100 by May 19.
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Susan Loyer covers Middlesex County and more for MyCentralJersey.com. To get unlimited access to her work, please subscribe or activate your digital account today.