Zoners deadlock on junkyard expansion

Notices of violation expected to be discussed again by Marlboro board

BY REBECCA MORTON Staff Writer

According to New Jersey Zoning and Land Use Administration by William Cox, the board's tie vote on Dec. 2 does not equate to a denial or approval of the company's appeal of the zoning officer's decision based on case law from similar instances.

The section states that "unlike an application for development where an applicant seeks permission to act in a particular manner, in an application for interpretation the board is asked only to choose amongst conflicting interpretations. Thus a failure to reach a majority as to any of the possible interpretations can only be seen, logically, as failing to reach a decision as to all the possible interpretations and cannot be deemed a denial of any one of them."

The question before the zoning board involves Elaine Schechter's property at 158 Tennent Road known as Schechter Enterprises. Elaine Schechter owns Schechter Enterprises and two other businesses in Marlboro: Morganville Auto Wreckers, Spring Valley Road, and Marlboro Auto Wreckers, Tennent Road.

Following an inspection of the Schechter Enterprises property in early July, Marlboro zoning officer Sarah Paris issued two violation notices; one violation notice was for not having an 8-foot tall wall or fence set 30 feet back from the property line, and the second violation notice was for the expansion of a nonconforming use.

Junkyards are not a permitted use anywhere in Marlboro, but there are 11 pre-existing nonconforming uses as a result of a 1983 lawsuit settlement, Paris has previously explained.

On July 1 the zoning board determined that scrap metal recycling is not a permitted use at the three Schechter-owned sites and that the applicant did not have a pre-existing nonconforming use in terms of scrap metal.

Following the board's decision in July, residents of Tennent Estates reported that a pile of junk cars had been moved near the property line that Schechter Enterprises shares with their development along Tennent Road.

Paris inspected the Schechter property on July 2 and July 7 and then issued the notices of violation.

In response to those notices of violation, Schechter is seeking the zoning board's determination that a fence is not required for the Tennent Road property and that she is not expanding a nonconforming use.

Testimony on behalf of the Schechters revealed that trees were removed from the company's property near the border with Tennent Estates to make room for junk cars.

Adam Schechter, who is Elaine Schechter's son and the manager of the businesses, previously testified that 8 acres of the property is surrounded by a 4-foot-high chain link fence and that it is the enclosed area which has always been designated as the junkyard.

A document titled "Summary of area calculations

of junkyards" held in the zoning officer's file lists all of the 11 junkyards in Marlboro and their sizes for 1961, 1981 and 1984. According to the document, the Schechter Enterprises junkyard does not have a size listed for 1961; it is listed at 1.34 acres in 1981; and based on an aerial photo it is listed at 1.11 acres in 1984. Paris said it is this document on which she bases the size of each of Marlboro's junkyards.

Attorney John Giunco, representing Schechter Enterprises, previously argued that document should not be considered during the proceedings because it is not signed by the person who created it and because his client had no recollection of ever seeing the document.

Paris told a reporter after the Dec. 2 zoning board hearing that she had used the calculations document in court previously against another of Marlboro's junkyards. The municipal judge in that case accepted the document as being valid, Paris said.

The zoning board determined that the issue of a fence set 30 feet back from the Schechter Enterprises property line was not to be determined by the zoning board. The fence issue is actually a violation of licensing, the board's attorney, Michael Steib, explained during the meeting.

After hearing testimony from associates of the Schechters who said the family had always used the rear portion of the property as a junkyard, and members of the public who said they had never seen the area in question used, board members deliberated about whether the junkyard owners had expanded the non-conforming use.

A motion was made to uphold the zoning officer's notice of violation that the Schechters had expanded their non-conforming use by placing cars in the area of the cut trees. Board Vice Chairman Michael Fishman, Adrianne Spota and Jennifer Bajar voted in favor of the motion. Board members Matthew Weilheimer, Lewis Wildman and Michael Mahon voted against the motion.

The 3-3 tie meant that no majority was reached.

Residents of Tennent Estates then came to the Township Council's meeting on Dec. 4 and appealed to the mayor and council for help.

Council President Jeff Cantor explained to the residents that the council cannot comment or step in on a matter that is pending before the zoning board.

Mayor Jonathan Hornik further explained that an appeal of the zoning board's eventual decision could be brought before the Township Council, which is why no one could comment at the moment.

Testimony on the Schechter Enterprises matter is expected to be reopened during the zoning board's Dec. 16 meeting. In order for members of the board who were absent at the previous meeting to be eligible to vote they must listen to the tapes from the Dec. 2 meeting.

Contact Rebecca Morton at

marlboro@gmnews.com

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