JACKSON — A list of determinations from the Zoning Board of Adjustment outlining the operations JR Custom Landscaping can conduct on its two properties in Jackson will soon make its way to state Superior Court.
On April 15, members of the zoning board voted unanimously to approve 32 interpretations of previous resolutions and variances that had been provided to the landscaping business.
“The township is extremely pleased. I feel the board did an extraordinary job of putting their findings on the record, going back to the existing resolutions they were interpreting,” said Township Attorney Jean Cipriani, who represented the municipality before the board. “I felt that they fully heard the testimony provided by the township and most importantly by the residents and incorporated that into their decision.”
Attorney Timothy DeHaut, who represents JR Landscaping, declined to comment on the zoning board’s decision.
Almost a year ago, municipal officials asked the zoning board to specifically determine what activities are permitted at the company’s properties at 141 East Veterans Highway and 34 Bennetts Mills Road.
Residents who live near the properties have claimed the company has not adhered to certain restrictions that were placed on it by the zoning board and a Superior Court order in 2011.
Residents who live near the two properties alleged that the company’s screening of topsoil and compost at those locations violated the restrictions and negatively impacted their quality of life.
“The sheer volume of everything that we have had [presented to us] I think would lead us to think this is a very complicated case, but I don’t think it is,” board member Kathryn McIlhinney said.
According to the board’s resolution, the panel determined that the landscaping business is only permitted to sell flowers, plants, trees and other items that were grown elsewhere on the property. The company is not permitted to sell products in bulk, produce products for sale on site or to screen organic material at the property.
The board determined JR Custom Landscaping is not permitted to recycle, produce or manufacture items such as compost, mulch and topsoil. The company is permitted to rent landscaping equipment to customers, but only with an employee operator.
In addition to a number of items regarding solid waste and the storage of fuel on the property, one issue that had been a sticking point was whether the business may conduct snow removal operations during the off-season.
According to the zoning board, JR Custom Landscaping is not permitted to operate a snow plowing business on the premises.
Board member Joseph Schulman said he did not agree with that provision because it could cause undue financial stress for the business during the winter months.
“I don’t think it is within the purview of this board to try and restrict a business from expanding to do something it can do during its slow season to supplement its revenue and keep its people working as long as it is not impacting the quality of living,” he said.
Schulman also said the board’s decision to prohibit the company from purchasing or storing reasonable amounts of bulk salt for its snow plowing trucks was too restrictive.
“As long as he doesn’t have trucks backing up back and forth … or rock salt there in giant piles, we can’t stop him from plowing snow,” Schulman said.
Other board members said because the property is in a residential zone, any operations conducted there were subject to existing regulations.
“The board is not restricting anything. The ordinance restricts what can be done in a residential zone. Period,” said the board’s attorney, Sean Gertner said.
The board is requiring the construction of a detention/retention basin on the Bennetts
Mills Road property within 180 days of the resolution’s final approval and a survey to determine the geographic boundaries of the property.
The board also listed 13 factual statements gleaned from testimony regarding the farm location at 141 East Veterans Highway.
The board concluded that the company had been storing topsoil and mulch in piles that were 75 feet wide, 100 to 150 feet long and 15 feet high, in violation of zoning regulations.
Officials said the resolution outlining the board’s determinations will require a final vote before it is sent to a judge.
The matter will continue in Superior Court, where additional determinations will need to be made about the farm site, since it was never a subject of the zoning board application, according to Cipriani.