Jon Stewart's Farm Sanctuary Approved By County

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Process Ruffles Some Feathers in Colts Neck

By Joseph Sapia
COLTS NECK – The Monmouth County Agriculture Development Board has unanimously approved a proposal by entertainer Jon Stewart and his wife to create an agricultural sanctuary-education center on the historic Hockhockson Farm on Route 537.
On Tuesday, 10 members of the board voted to OK the application for the 45-acre farm. The farm- easily recognized by its sign, “Hockhockson Farm, A.D. 1780,” with silhouettes of seven running horses – is between Swimming River and Laird Roads.
The next major step for JTS Land Trust – the entity of Stewart and his wife, Tracey – is to seek site plan approval from the township to build an 8,400-square-foot, two-story education-visitor center, among other things.
The education-visitor center is not a permitted use in the township’s agriculture zone. But the board’s approval of the education-visitor center as a legitimate part of the farming operation allows the Stewarts to bypass a township variance for zoning.
Colts Neck officials, however, have not liked the idea of the Stewarts going to the Agriculture Development Board, rather than to the township. Colts Neck has expressed concern about a loss of control over building the education-visitor center, along with traffic and parking issues.
So, anticipating the Stewarts winning approval from Agriculture Development Board, the Colts Neck Township Committee authorized an appeal, to be used if necessary. An appeal would go to the state Department of Agriculture.

Jon Stewart, left, talks to Colts Neck Deputy Mayor Michael Fitzgerald after the Monmouth County Agriculture Development Board OK an application by Stewart and his wife, Tracey, to operate an agricultural sanctuary-education center in Colts Neck. Photo: Joseph Sapia
Jon Stewart, left, talks to Colts Neck Deputy Mayor Michael Fitzgerald after the Monmouth County Agriculture Development Board OK’d an application by Stewart and his wife, Tracey, to operate an agricultural sanctuary-education center in Colts Neck. Photo: Joseph Sapia

Deputy Mayor Michael Fitzgerald said it would have been more appropriate for the Stewarts and their co-applicant, Hockhockson Farm, to seek approval from the township and, if rejected, to use the county board for an appeal.
“At the end of the day, I remain disappointed they usurped the town’s authority by coming to this board,” said Fitzgerald, speaking immediately after the vote at the county Agricultural Building in Freehold Township.
But the Stewarts’ side viewed their path – that is, through the Agriculture Development Board – as acceptable.
Fitzgerald also questioned whether the Stewarts actually got a “variance” from the Agricultural Development Board to bypass the township Zoning Board.
Philip San Filippo, a lawyer for the Stewarts and Hockhockson Farm, disagreed, saying the next stop is the township Planning Board, not the township Zoning Board, because no variance is needed.
When told about the authorized appeal, San Filippo said, “I’m hoping they’ll re-think that. I think that’s counter-productive.”
Both sides expressed a willingness to work out their differences.
Barring a delay through an appeal or elsewhere, the plan is to open the sanctuary-education center in about a year.
“Our plan was spring 2017; we’re still going to shoot for that,” said Tracey Stewart, speaking after the vote.
Hockhockson Farm now operates as a horse-boarding and vegetable-flower farm.
The Stewarts, who live in Red Bank and are the contract-purchasers of the farm, plan to continue growing vegetables and flowers, retaining tenant farmer Robert Laurino. The Stewarts also plan to have cows, pigs, sheep, goats, horses and chickens.
Tracey Stewart, a former veterinary technician who lived on a farm as a child, testified before the Agriculture Development Board last month the farm will not be a rescue facility, per se. Instead, it will get animals from the New York State-based Farm Sanctuary, which rescues animals.
The Agriculture Development Board vote gave the Stewarts added protection via the state Right to Farm Act to, among other things, grow crops, dispose of manure on-site, continue operating the farm’s farm market and conduct education related to a commercial farm. Under Right to Farm, farmers have added protection against neighbor’s nuisance complaints, for example.
The Agriculture Development 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 – basically because these animals do not meet a commercial farm’s production requirements. The Stewarts will still be able to do these things, but without the added protection.
Before the vote, Agriculture Development Board member Nancy Grbelja said, “I have no problem with it (the proposal). I think it is a good plan.
“One of the keys to success (to running a farm) is being a good neighbor,” Grbelja said.
After the vote, Jon Stewart, the former host of the popular “Daily Show” on Comedy Central television, told the Agriculture Development Board, “We very much appreciate your thoughtful comments. We hope to continue to use your counsel.”
Township resident John Kissel told the Agriculture Development Board he hopes there are more proposals such as the Stewarts’ down the road. Otherwise, Kissel said, the land will be developed.
After the meeting, Tracey Stewart said, “It’s been a long haul. It’s really exciting. We can really get things going.”
The Stewarts had planned the sanctuary-education center for a 12-acre farm they own in the McClees Creek area of Middletown, Tracey Stewart said. But that farm had obstacles to running a sanctuary-education center open to the public, such as its location on an unpaved road and its small size.
Tracey Stewart said the Middletown farm likely will be sold.
Tracey Stewart said the Stewarts are not relocating their residence to Hockhockson Farm.
John Young, a neighbor of Hockhockson Farm who had previously raised concerns about the proposal, said he was glad the Stewarts are preserving the farm. But he added he was glad the township would scrutinize the proposal.
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 his family has owned the farm a “couple hundred years.” Cooke had said the farm was once 290 acres, but had been downsized a few times.
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