Otkens may not file new lawsuit against town

EPA grants North Brunswick business
an extension
By dave goldberg
Staff Writer

NORTH BRUNSWICK — The Volks Body Shop, located off Route 130 on the Otken farm, will continue to stay in business, despite an uncertain future.

"We were able to get grandfathered from the Environmental Protection Agency and we may not end up filing a lawsuit against the town," said Ed Otken Jr.

Last month, the Otkens considered filing a $50,000 lawsuit against North Brunswick because the Environmental Protection Agency standards said the body shop needed an updated spray-painting booth.

The spray-painting booth standards had recently been changed by the EPA and the new booth would have cost the family $50,000.

Otken said the family wanted to file the lawsuit because it does not currently own the property and would not want to put money into a business that might have to close because of condemnation proceedings.

Otken’s business was originally threatened when the township moved to condemn the family farm, where the business is located, for open space. Superior Court Judge James P. Hurley ruled in January that the township could seize the 105-acre parcel on Route 130 for use as active and passive recreation.

Otken’s body shop continues to operate on the property while appeals in the condemnation case are being heard.

The body shop has been in business since 1970. It specializes in fixing motor vehicles that have been in accidents.

"We do restoration [work] on damaged cars," Otken said. "We also do a significant amount of painting in the restoration activities. We get a couple of cars a week."

Otken said that the situation may not be as grim as he first thought.

"Once we got a hold of the EPA, it turned out that it wasn’t too bad," Otken said. "We don’t spray paint too much on the cars. We may not need to get a new spray booth."

Originally, if the booth did not meet EPA standards, the business would have not received a renewal of its license on Jan. 1, 2003, but the family was able to receive an extension, according to Otken.

"It may be pointless to bother with the lawsuit," Otken said. "This gives us another year to get a new spray booth and we may not even need one at that point. We simply do not spray enough."

While this new issue between the family and the township seems to be resolved, there has been no success in the negotiation of a price for the farm.