Junkyard owners suing Marlboro over expansion

Town says family must get OK

By Alesha Williams Boyd • FREEHOLD BUREAU

MARLBORO — The battle between a family-owned junkyard chain and the township isn't over yet, according to an attorney for the chain's owners.

The junkyard owners, the family of the late local businessman Morris Schechter, have taken their fight over the township's junkyard regulations to Superior Court, said their attorney, John Giunco.

Schechter's widow, Elaine, went before the Zoning Board in July to get the township to determine whether scrap metal processing was allowed at the junkyards. She said she had plans to add new equipment and take advantage of a lucrative scrap-metal market.

The board decided township ordinances clearly separate automotive junkyards from general scrap metal-crushing sites. The decision barred the Schechters from expanding their business without approval.

Schechter is now challenging the board's July decision in court, Giunco said, claiming the businesses have historically included both auto wrecking and scrap metal. Schechter said at earlier hearings she had applications granted that included both uses until township forms changed and only identified "junkyards."

The saga continued when, just days after the board decision, an anonymous employee at one of the Schechters' Tennent Road businesses dropped about 30 junk cars in full view of neighbors in a residential development, Tennent Estates. Several of the neighbors there had attended board hearings to complain about the businesses and protest the scrap-metal proposal.

Township Zoning Officer Sarah Paris said she cited the Schechters after that incident for not constructing an 8-foot wall or covered fence 30 feet from the junkyard's property line as required. She said the business also was cited for placing cars where they were not permitted.

Giunco contended that the township denied a permit to build the fence because of the violation regarding the car location. He argued the Schechters also always have been allowed to operate their business on the eight acres upon which they say the cars were located — predating the residential development, which was built within the past five years — and that the board is now trying to restrict that use.

He said the fence is a requirement only when the property adjoins a residential zone. The Tennent Estates property actually is located in a commercial zone and received a use variance for construction in 2003, he said.

The family owns Marlboro Auto Wreckers, 153 Tennent Road; Morganville Auto Wreckers, 249 Spring Valley Road and Schechter Enterprises, 158 Tennent Road. Schechter says they've been doing business in the township since the 1950s.

A Zoning Board hearing on the violation appeal, held Dec. 2, has been carried to Tuesday. The board has asked Schechter to return to that hearing with more evidence of where the business historically has been conducted on the Tennent Road site.

Giunco said he expects a decision on the Superior Court lawsuit by March.

Board members declined to comment on the matter last week, saying it is the subject of litigation and an ongoing hearing.

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