In response to a May 25 letter to the WW-P News from the president of the West Windsor Republican Party regarding my unpaid volunteer service on both the West Windsor Planning Board as its chairman, and as a member of the board of trustees of Mercer County Community College, and my role in the proposed solar project, the following should be noted.
Upon the advice of the West Windsor Planning Board attorney with which I concur, I have recused myself and therefore have not participated or been privy to any discussions involving the proposed solar project. Any resident who has questions or comments regarding this project is advised by West Windsor Township’s Planning and Zoning Office to communicate with the vice chair of the planning board.
Further, in the public comment period of a public meeting of the West Windsor Planning Board, a resident and the public were advised by the planning board attorney that by virtue of a state statute and case law, the planning board cannot require the county, the Mercer County Improvement Authority, or the county college to appear before the planning board. Any appearance would be strictly voluntary on its part and any recommendations by the board could be ignored by the county. This legal opinion as to the planning board’s lack of authority in this matter was affirmed by two other attorneys in separate opinions (the West Windsor Township attorney and the West Windsor Zoning Board attorney).
In addition, the West Windsor land use officer has indicated that in his nearly 25 years of experience in West Windsor, the county college has never appeared before the planning board.
The plan for a solar project at the college was discussed publicly nearly 14 months ago at a county freeholders meeting when the potential for the project was presented to the freeholders by the Mercer County Improvement Authority and the college.
The proposed plan was reported in the Trenton Times on April 14, 2011. In June, 2011, approximately one year ago, West Windsor residents in proximity to the proposed site were invited to a meeting with officials of the Mercer County Improvement Authority and college officials to apprise the residents of the preliminary information available regarding the project.
In the summer of 2011 more than 23,000 homes, mostly in Mercer County, received a newsletter from the college announcing its solar project plan.
In September, 2011, various local publications carried stories about the project. Additional information was posted on various public websites.
The solar project was no secret. It was and is public knowledge. This should correct the misinformation, false inferences, and innuendos.
Marvin Gardner
West Windsor
