Residents unable to voice opinions
after competitor’s attorney objects
By:Laura Toto
Plans for the proposed Mountainview Car Wash have been stopped even before they were heard by the Planning Board after an attorney representing a competitor claimed the board doesn’t have the authority to hear the plans.
The car wash is proposed for 9 acres on Route 206, part of which is zoned for residential uses. The proposed project would build a one-story, 6,122-square-foot self-serve and automated car wash for public and commercial automobiles and light trucks. The car wash would also have on-site vacuum cleaners and car detailing.
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‘Lawyers go to school to entangle things. I think it’s clear no matter what we do it will be challenged.’ Mayor Joseph Tricarico |
After a lengthy discussion by the board March 8, the application was delayed yet again.
The application’s original date to be heard was Feb. 1, but after Thomas Sharlow Jr., attorney for Crown Car Wash on Route 206 near Andria Avenue, questioned whether the Planning Board had jurisdiction to rule on the project, the application was delayed.
Mr. Sharlow objected to the proposed car wash’s use of a residentially zoned section of the lot for a retention basin and driveway. He charged that the retention basin and access driveway are being considered as "accessory uses" in residential zoning, but township codes do not specifically cite such uses as "accessory uses."
The car wash is a conditional use, but the conditions such as buffers or set-back footage are not specified in the ordinance, Township Planner Cheryl Bergailo pointed out during the meeting. She agreed with Planning Board Attorney Susan Rubright that the application was in the Planning Board’s jurisdiction because there were no conditions specified for the conditional uses.
Planning Board Chairman Christian Jensen said both Mr. Scarantino and Ms. Bergailo were pointing to the fact that such applications have been dealt with in the past by waivers.
"He (Mr. Sharlow) wanted us to say no one has jurisdiction," Mr. Jensen said.
Mayor Joseph Tricarico said if either the Board of Adjustment or the Planning Board took the application, Mr. Sharlow’s client’s will likely file a legal challenge.
Mayor Tricarico stood firm that he believed it was the interplay of rival companies causing the problems before hearing the application, and not the zoning or uses in the plan.
Board member Ed Wysocki suggested the application be heard first next time it appeared on the agenda after a complaint from a resident. The application had been last on the agenda and last week was the third time nearly 25 residents sat through the entire board meeting without being able to voice their opinions on the project.
The application was delayed from March 1 to March 8 while Planning Board Attorney Susan Rubright collected letters from both attorneys disputing their points. She then concluded the project was the jurisdiction of either the Planning Board or the Board of Adjustment.
Plans for the project will have to be resubmitted within the month.