Residents, officials continue
to hit zoning board decision
By jeanette m. Eng
Staff Writer
MARLBORO — The zoning board’s recent granting of a use variance that will pave the way for the construction of a 35-home subdivision continued to generate comment when the Township Council held its regular meeting on Jan. 23.
Comments from residents and council members centered on the board’s granting of a use variance to developer Dan Werbler for the Tennent Estates development on Tennent Road. The homes will be built on property that is zoned for commercial use.
In the wake of the board’s decision, some council members questioned whether the board’s granting of a use variance amounted to a de facto zoning change. Only the council can rezone property.
Republican Councilwoman Mary Singer responded to previous comments made by zoning board Chairwoman Sherry Hoffer, who chairs the town’s Democratic Party. Hoffer had suggested that before commenting on zoning board issues, council members should attend zoning board meetings.
"I take issue with being called ignorant on land use," Singer said. "You build 35 homes on a property zoned commercial … it becomes residential. It doesn’t take a genius on land use to know that. I assure you that I was elected to protect (residents’) interests and I will.
"The council is still exploring its options," Singer said, referring to a previous council discussion on the possibility of allowing residents to appeal zoning board decisions to the governing body (instead of having to appeal them to state Superior Court) and/or the possibility of the council taking legal action against the zoning board in the Tennent Estates case.
Democratic Councilman Barry Denkensohn spoke from a different position.
"I don’t advocate blanket ordinances," he said. "We shouldn’t oversimplify the issues."
He also disagreed with comments made by some people that the zoning board’s granting of a use variance in the Tennent Estates application was tantamount to a rezoning of the property.
"They granted a use variance," Denkensohn said. "The zone has not changed and the majority of the zone remains for commercial use."
Councilman Paul Kovalski Jr. expressed sentiments both for and against the possibility of allowing appeals of zoning board decisions to the council.
"I am not happy with more homes going up on Tennent Road," Kovalski said, "but it’s important for us not to make a simplistic knee-jerk approach in this matter. We have to look at how the ordinance will affect, not just the big, bad builder, but also residents."
Mayor Matthew Scannapieco reiterated Kovalski’s concerns and said the council should examine the reasons that were given to the zoning board by the Tennent Estates applicant that led the board members to grant the variance.
"I feel strongly that if people buy these homes, there will be 35 nonconforming lots on that property," Scannapieco said.
During the public comment portion of the meeting, resident Heidi Card said she was holding the council accountable for what she said amounted to a rezoning of the Tennent Road property.
"The way the government was set up, the zoning board has to go before the council for zone changes," Card said. "It seems that in this case, they have unilaterally made a use variance to bypass council. What’s the point if a body other than council can unilaterally change the use of a zone?"
Card expressed support for an ordinance that would allow residents to appeal zoning board decisions to the council, addressing it as part of the council’s responsibility.
"Part of council is to hear complaints," she said. "If it’s too much for you, then create a subcommittee so that you don’t have to hear everyone.
"It shouldn’t have to be an individual’s quest to fight this," Card said, "but if you don’t do it, I can assure you that a coalition will be formed. This is a disgrace to our community and every one of you should feel that way."
Resident Jay Thorpe called the zoning board’s approval of the Tennent Estates’ use variance an "outrage to your [the council’s] authority and an outrage to the decent people in this community."
"The Marlboro Township Council, along with the help and concern of its citizens, needs to take back control of this town," Thorpe said. "The township is out of balance, its priorities do not seem to be in the right place."
Peter Bellone of Tennent Road, who was present at the Tennent Estates zoning board hearings, carried a book of the municipal code and spoke about information he gleaned from it.
"In the book, the Zoning Board of Adjustment is just that," Bellone said. "It’s really there for relief of lot coverage, frontage issues, etc. What I see, the addition of 35 homes shoe-horned into 20 acres, doesn’t make sense."