BY SETH MANDEL
Staff Writer
MILLTOWN – Mayor Gloria Bradford has vetoed a Borough Council decision to dead-end an access road from Van Liew Avenue to a local industrial park.
The council voted 4-2 on April 10 to close the road in an attempt to resolve an issue that has been ongoing in the borough for over 60 years. Since 1940, a property within the North Brunswick portion of the industrial park has had several owners, including Johnson & Johnson, and now Silverline Building Products.
Over the years, residents, especially those living on or near Van Liew Avenue, have petitioned several times to have the entrance gate closed, citing safety concerns caused by commercial truck traffic on the residential road on which families with young children reside.
Prior to the council’s decision to dead-end the road, Silverline attorney and former Borough Councilman Thomas Buck proposed an agreement that would restrict the company’s use of the gate and disallow commercial vehicles from using the access road. The gate is one of two access points for the industrial park; the other is on Route 1 in North Brunswick.
After the April 10 meeting, Buck made clear Silverline’s intention to take legal action against the borough in the form of a complaint in lieu of prerogative writ, challenging the council’s decision.
That was one of a few reasons Bradford chose to exercise her veto power.
In a statement, Bradford said the council’s action has the potential to be “extremely costly with a questionable outcome.”
Bradford also said that the minimal amount of traffic caused by Silverline does not justify the ordinance that would dead-end the road, and that the town’s traffic and safety concerns in that area would not be resolved by that ordinance.
“The safety of all our children on every street is important to us, and we are working to ensure that safety with reasonable and customary action every day,” Bradford said. “However, I cannot endorse council action which will not result in ensuring their safety, and could result in substantial legal costs to Milltown residents in a time of escalating tax burdens.”
Councilman Mike Skarzynski, who has spearheaded the effort to close the road, said that since the agreement proposed by Silverline would allow 100 cars to use that gate, the traffic and safety issues remain significant.
“There is full intention on their part to have an extra 100 vehicles on an already overburdened, overcrowded Van Liew Avenue,” Skarzynski said.
Skarzynski also said the proposal did not include a deed restriction, and therefore if the property is sold, its new owners would not be held to the terms of that deal.
“Silverline is saying they’re not going anywhere,” Skarzynski said. “Now, if they weren’t going anywhere then why won’t they put that in the agreement?”
Skarzynski said he hopes Silverline is able to stay local, but with manufacturers all over the state shutting down, the borough must protect itself.
But Bradford said Silverline is honoring an agreement the borough struck with past tenant Personal Products Co., and the borough should honor that deal as well.
“The action taken by this council would negate that contract and could lead to uncontrollable traffic flow from the site if Silverline decides to exercise its option to use an alternate exit that is available to them,” Bradford said.
Both sides have discussed the effect the ordinance would have on emergency access to the site.
Buck argued that emergency service personnel would not use Van Liew to get to the industrial park if the road is dead-ended, and instead would have to use the Route 1 entrance, providing that entrance is accessible.
Skarzynski said that while all the council members considered that a legitimate concern, the installation of concrete pavers, or more likely a “breakaway” gate, would allow for unrestricted access to ambulances and other emergency vehicles.
As for the lawsuit, Skarzynski said that despite its potential cost, the suit is worth fighting, because the gate presents a serious quality-of-life issue to residents.
Both Skarzynski and Bradford said they were seeking a resolution that would best serve the residents. The two just have differing opinions on what that solution should be.
“I think the mayor has the right to do anything she wants, but I don’t feel that she’s acted in the best interest of that neighborhood,” Skarzynski said. “And vetoing this ordinance could hurt us if this ever does go before a judge, being that we’re not united.”
Bradford maintained her support for Buck’s proposal.
“The health and safety of our children will be best accomplished by entering into a permanent agreement with Silverline and the Borough of Milltown to permanently limit traffic flow of Van Liew Avenue,” Bradford said. “This agreement had already been created by Milltown’s borough attorney and the attorney representing Silverline.”
The council, however, can overturn the veto with a majority vote.
Because Monday’s Borough Council meeting was the annual Youth-in-Government program, in which local schoolchildren run the session on behalf of borough officials, Skarzynski said the issue was not broached.
“But I’m sure there will be a lot of meaningful dialogue, and something will happen at the next council meeting,” Skarzynski said.
That meeting is scheduled for
May 8.