Solar Farm: Officials Right to 'Sit it Out,' Former Mayor Says

To the Editor,

I read the recent editorial by Joe Cirona on the KDC Solar application.  I wish to comment on the last portion which chides our elected for not taking a stance on the application.  I have been a Board of Adjustment Chair for 10 years, a planning board Chair for 7 years, and a mayor for 8 years, so I have watched this process hundreds of times.  In my opinion it is best for our elected officials to “sit it out” and be quiet, and I’m pleased to see them doing so.  There is no doubt in my mind that whatever the decision by the Land Use Board, it will be appealed.

We have to take a step back and look at how this works.  The Land Use Board will be acting as a Board of Adjustment for this application, which has a quasi-judicial role in this type of decision.

Keep in mind, the Land Use Board is appointed by the Mayor with input from the Committee in our form of government.

The Land Use Board must make its decision based on the evidence presented at the hearings as the law demands, and not be pressured by officials or their opinions.  This will preserve the integrity of the process, and reduce the grounds for a potential overturn of a decision.

If the elected officials express opinions to the members of the Land Use Board, and it doesn’t need to be direct, the court may very well look at it as the board being given instructions by their appointing officials and if they follow that advice, they were “arbitrary and capricious” in their decision since it was not based on the evidence, and the appellant wins.

Similarly, if a land use member expresses an opinion prior to hearing all the evidence, they are prejudging the application, which is also “arbitrary and capricious” and another potential overturn.

Let the Land Use Board do their job unbothered, keep the record clean, and really help preserve Bedminster.

Robert F. Holtaway

Former Mayor

Bedminster