ADAMS TWP — A question about altering zoning in the residential agricultural low density district south of Route 228 to accommodate a development was answered Wednesday night.

“It's a 'no' from this board,” said Martin McKinney, planning commission chairperson.

The discussion stems from the Culver property, a residential development expected to cross into Middlesex Township south of Route 228.

The proposed development would sit next to Middlesex Township's Sienna Village, a mixed use townhouse/retail development at the Route 228-Weatherburn Drive intersection.

According to plans brought to Adams Planning Commission earlier this year, most of the Culver property would be situated in Middlesex. Twelve townhouses were at that time expected to spill over onto about four acres in Adams.

That part of Adams is zoned residential agricultural low density, and townhouses aren't permitted. Quad housing, which has the same density, but is less urban-looking, is permitted.

The planning commission last month discussed if, and how, it should make an allowance.

Sean Gallagher, township solicitor, proposed a solution Wednesday night: Make townhouses a conditional use of the residential agricultural low density district, with one of the conditions being they must be south of Route 228.

This would prevent developers from building townhouses in the majority of such a district, according to Gallagher.

Initially, members of the planning commission recognized the opportunities the solution presented.

“It's providing a storm door without opening a gate,” McKinney said.

Resident Rob Crouthamel said he was concerned that, once one exception was made, developers could have an argument for others by citing “spot zoning.”

Spot zoning means allowing a specific parcel of land to be zoned differently than the larger zoned area in a way that's usually out of character with a municipality's larger plan.

“I just think the township is taking on a legal risk,” Crouthamel said.

Planning commission members said Crouthamel brought up a good point and asked for Gallagher's opinion on the matter.

The conditional use suggestion would stand up in court, according to Gallagher.

Gary Peaco, township manager, also informed the planning commission of the economic impact of quads versus townhouses.

Quad units are usually purchased by “empty nesters,” according to Peaco. He said townhouses are usually bought by young families.

“There's an economic benefit to allow(ing) your kids — your grandkids — to possibly live in Adams Township,” Peaco said.

Ultimately, McKinney said it's the planning commission's responsibility to provide a recommendation to township supervisors.

McKinney and Marilyn Watson voiced their support of the conditional-use allowance. Liz McMeekin, Robert Downie and Jeff McCormick said they weren't in favor of the change.

Commission members Brett Schultz and Steve Madeja were absent from the proceedings.