By Joseph Sapia
COLTS NECK – Two legal appeals have been filed with the state Dept. of Agriculture related to a proposed animal sanctuary and education center by entertainer Jon Stewart and his wife, Tracey.
But both representatives of the township and the Stewarts are quick to characterize the appeals as “friendly,” saying they hope to come to an understanding between themselves for the sanctuary site at the historic Hockhockson Farm on Route 537.
Philip San Filippo, a Red Bank lawyer representing the Stewarts and Hockhockson Farm, estimated the sanctuary-education center could begin operating in April or May if all goes smoothly.
In May, the Monmouth County Agriculture Development Board voted 10 to 0 in favor of JTS Land Trust (the entity of the Stewarts), giving it added protection under the state Right to Farm Act to do such things as grow crops, dispose of manure on site, continue operating the farm’s roadside stand and conduct education related to a commercial farm.
Hockhockson Farm
But the board ruled the Stewarts would not have Right to Farm protection for such things as the care and keeping of sanctuary animals and the use of animals for veterinary study – because these animals do not meet a commercial farm’s production requirement. The Stewarts would be able to work with animals of sanctuary and for veterinary study, but without the added Right to Farm protection for issues such as nuisance complaints.
This cleared the way for JTS Land Trust to seek site plan approval from the township to build an 8,400-square-foot, two-story education-visitor center, among other improvements on the property.
The agriculture development board approval was, in a sense, a loss for the township, which had wanted the Stewarts to come before the township originally for their approvals. After the agricultural development board approval, the township believed the Stewarts should next come before the township Zoning Board of Adjustment in case any variances are needed, while the Stewart side believed it should file for site plan approval before the township Planning Board.
So, the township appealed the matter to the state Department of Agriculture in a letter dated Tuesday, July 19. The Stewarts also appealed, their letter dated Friday, July 22. The deadline for appeals is Aug. 4, or 45 days after parties received a copy of the Agriculture Development Board’s formal approval.
Complicating the matter for Colts Neck, according to Deputy Mayor Michael Fitzgerald, is that the Stewarts have no formal application to the township.
“Until they make their application, there’s no telling what they’re doing,” Fitzgerald said. “If there’s anything like a friendly suit, that’s what we’re doing. The acrimony has mostly gone away.”
From the Stewarts’ side, San Filippo said their action is “a friendly appeal.”
“The Stewarts also filed a cross-appeal, so everybody’s rights are preserved,” San Filippo said.
The Agriculture Development Board approval “was not as comprehensive as we thought it should be,” San Filippo said.
For now, though, both sides continue to try to work things out.
“Tracey Stewart has been quite gracious” in working with Colts Neck, Fitzgerald said. He said both sides are looking to find commonalities.
The township is specifically concerned about issues related to the Stewarts’ education component, such as the center and parking – items “you wouldn’t (normally) see with a farmland application,” Fitzgerald said.
“At the end of the day, there’s plenty of mutual agreement that would allow them to pursue their effort and protect Colts Neck,” Fitzgerald said.
Within 60 days, the Stewarts hope to file applications before the township and the county (because Route 537 is a county road) to move for-ward on the sanctuary-education center, San Filippo said.
If either appeal were to continue to the agriculture department and it was denied, the next step would be to further appeal to a state administrative law judge.
The Stewarts are contract-purchasers of the 45-acre Hockhockson Farm, whose sign said it dates to 1780. It sits between Laird Road and Swimming River Road.
Hockhockson Farm is owned by Robert Cooke III, who lives on the farm; his sister, Claudia Machado Cooke; and the husband of their late sister. Robert Cooke testified at an Agriculture Development Board meeting his family has owned the farm a “couple hundred years.”
