A state Superior Court judge has granted an injunction that was sought by Jackson municipal officials against JR Custom Landscaping, Jackson, apparently putting an end to more than a year of legal action.
On Oct. 29, Judge Mark Troncone, sitting in Toms River, filed his determination in favor of Jackson and the Jackson Zoning Board of Adjustment.
Troncone determined that JR Custom Landscaping knowingly expanded its operations beyond what was permitted in previously approved municipal variances and resolutions and directed the company to comply with the activities that have been authorized at its properties.
The properties are in Jackson at 141 East Veterans Highway and at 34 Bennetts Mills Road.
“I believe Judge Troncone’s decision provides a clear and enforceable structure for what can happen on this property,” Township Attorney Jean Cipriani said. “It will hopefully bring relief to the neighbors and clarity to the operator.”
Attorney Paul Schneider, who represents JR Custom Landscaping and its owner James Picon, could not be reached for comment.
Troncone wrote that Jackson’s right to seek legal restitution from JR Landscaping was warranted and he cited a 1982 case (Crowe v. DeGioia).
“There is substantial evidence in the record that JR Landscaping exceeded the scope of its approvals or did not comport with the conditions of said approvals,” Troncone wrote.
In August 2014, Judge Frank A. Buczynski Jr. (now retired) directed the zoning board to create a formal record regarding the business, ranging from the collection of testimony from residents and officials to variances that had been granted at both properties. Residents who live near the properties offered testimony alleging the company’s screening of topsoil and compost at those locations did not adhere to restrictions placed upon it by the zoning board and a Superior Court order in 2011.
As a result, the residents said, the noises and smells that allegedly emanated from JR Landscaping’s sites were negatively impacting their quality of life.
“Substantial evidence exists that absent of granting restraints, the town’s residents are at the whim of JR Landscaping’s decision to use its property irrespective of past township approvals,” Troncone wrote.
The landscaping firm’s property on Bennetts Mills Road is in a residential zone. Municipal officials have asserted that variances only allow a farmer’s market to operate at the property.
Along with the manufacture and sifting of top soil and other organic materials on-site, Troncone said JR Landscaping wrongly expanded its operation, including the storage of rock salt and the storage and operation of snow removal equipment.
The judge said the business “knew it was prohibited from engaging in these activities” when the township approached it for snow removal work.
Troncone also said there was no evidence to suggest the zoning board was implicitly allowing JR Landscaping to expand its operation in those ways, contrary to testimony from representatives of JR Landscaping and the firm’s witnesses.
Attorney Sean Gertner, who represents the zoning board, said the judge’s decision was a victory for the board. He said it validated the hours of work that went into the board’s decision in the matter.
“The board is certainly pleased the judge recognized the time and effort it put in and that it was valued by the court in making these determinations as fact and outlining what uses could and could not be applied at the sites,” he said.
Troncone agreed with a June Superior Court ruling which held that the zoning board exceeded its authority when it imposed two additional conditions in a pair of resolutions in May and began hitting JR Landscaping with fines. The resolutions were passed by the zoning board in an attempt to assuage the residents’ complaints.
In the resolutions, the board limited the hours during which JR Landscaping may operate heavy vehicles at the Bennetts Mills Road property to 8 a.m. to 5 p.m. Monday through Saturday and 9 a.m. to 4 p.m. Sunday.
The resolutions said no vehicle that requires the use of a back-up beeper may be operated after 2 p.m. Saturday nor at any time Sunday.
Although the board cannot restrict backup beepers, Troncone said it can restrict the type of vehicles that may be stored at either property.
“As to the hours of operation, the board cannot revise this condition without a new site plan application before it,” the judge wrote.
While Cipriani said she understood Troncone’s decision, she said she is hopeful JR Landscaping will operate as a good neighbor moving forward.
“It is my hope that in light of the totality of the decision, JR Landscaping will elect to make changes in operation that will reduce those impacts on the neighboring residents,” Cipriani said. Troncone also determined that Jackson’s requirement of a storm water management plan for review and approval by the zoning board’s professional staff was wrong, as it had been waived in the 2009 Change of Use Plan.
Although the plan already depicts an allotted area for storm water management, Troncone wrote that it does not, however, necessarily mean JR Landscaping is required to construct such measures.
Additionally, if JR Landscaping has already begun constructing a storm water management improvement on its property, additional approvals would be needed, as per existing township regulations.
“While [waiving the storm water management requirement] was no doubt an unwise decision, the board cannot now require this improvement,” Troncone wrote.
Although Troncone ruled in favor of the township and the zoning board, he denied the municipality’s request for sanctions, as well as for the reimbursement of fees and costs.
If JR Landscaping violates the court order, Troncone ruled that the township could seek monetary restitution.
Cipriani said whether that happens hinges on JR Landscaping and its operation.
“If the operation going forward is in accordance with the court order and the zoning resolutions, then there is nothing for the township to do,” she said. “[Troncone’s] decision gives the township the right to not just enforce the court order, but also to seek fees, costs and possibly sanctions associated with a violation.”
Cipriani could not immediately say how much the legal issue with JR Landscaping has cost Jackson.