After two years of legal wrangling, some paperwork and parking spaces are all that's left to be addressed.
After two years of legal wrangling, a Pohatcong Township farm stand has been given the court's OK.
All that's left to address is some paperwork and parking spaces, according to a decision rendered last month on a lawsuit filed in 2013.
Construction is underway in February on a River Road farm stand in Pohatcong Township. The stand will open soon after two years of legal arguments were resolved in October. (Courtesy photo)Backed by the New Jersey Highlands Coalition, Eco Action Initiatives of Warren County sued Enrique Hernandez -- then a member of the township's land use board -- the township and the land use board, alleging the board erred when it approved a barn and two-story farm stand on Hernandez's River Road property.
The court determined the board was within its authority to grant variances for the project in a Delaware River flood plain, and that the farm stand construction is OK because it replaces an existing building.
The project must provide nine parking spots instead of the approved five, and a deed restriction must be filed preventing the stand from being used as a residence, the court decided. Hernandez said those were already agreed to in principle.
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"I don't think it is satisfying at all," Hernandez said of the resolution. "We do feel vindicated, but we do feel the plaintiffs abused the system."
Eco Action, in a statement, said the ruling limited the use of the property to the group's satisfaction.
"The disturbing (land use board) approval that would have allowed the construction of a residential building in a flood plain, endangering all residents in the flood plain, has finally been corrected to limit the building to agricultural use," said Laura Oltman, Eco Action's director and Hernandez's neighbor. "Sensitive areas have legal protections for a reason. Floods endanger not just property but the lives of residents and rescuers alike."
Hernandez said the project is finished and the stand will open soon.
Steve Novak may be reached at snovak@lehighvalleylive.com. Follow him on Twitter @type2supernovak. Find lehighvalleylive.com on Facebook.
