Law could permit local appeals of zoning cases

BY LARRY RAMER
Staff Writer

MARLBORO — The Township Council may consider adopting an ordinance that would allow residents to appeal some Zoning and Planning Board approvals to the council if they disagree with a decision made by either of those bodies.

At present, residents can only appeal decisions of the zoning and Planning Boards to state Superior Court.

"I feel this ordinance will provide the residents of Marlboro with a less expensive way to appeal use variance approvals granted by the Zoning Board," Republican Councilwoman Patti Morelli said during the council’s Jan. 15 meeting.

Morelli proposed that residents be allowed to appeal Zoning Board decisions that include the granting of a use variance. A use variance granted by the Zoning Board allows an applicant to use a piece of property for a purpose that is not permitted by township ordinances and/or Marlboro’s master plan.

Last year’s council considered adopting an ordinance that would allow residents to appeal Zoning Board decisions to the council. At that time, municipal officials said that allowing residents to appeal all Zoning Board decisions to the governing body would be costly. The council subsequently decided not to adopt an ordinance providing for such a process.

However, Morelli said her proposal would limit the number of appeals that could be brought before the council.

"I am not asking that all decisions by the Zoning Board be appealable to the council, only decisions that include use variances," Morelli said. "Many residents have a problem with the use variances granted by the Zoning Board."

A decision by the Zoning Board in 2003 to allow developer Dan Werbler to build the 35-home Tennent Estates development on a Tennent Road property zoned for commercial use sparked opposition from some residents.

Democratic Councilman Grover Burrows, who is a former member of the Zoning Board, raised several objections to Morelli’s proposal.

"I’m concerned with the focus on one application. One application [Tennent Estates] does not make a trend in terms of voting practices. Why we continue to focus on one application as being representative of how a board votes is beyond me at this point," he said.

Burrows said the great majority of Zoning Board cases involve applications by private residents for improvements on their homes.

"If there is a board to be watched, it would be the Planning Board," said Burrows.

He cited a case last year in which the Planning Board increased allowable lot coverage by 10 percent for an entire development without first allowing the board’s engineers to fully investigate the matter. All current members of the Planning Board were either appointed or reappointed by Republican mayors, with the exception of the council’s representative to the board, Democratic CouncilmanBarry Denkensohn.

Republican Mayor Robert Kleinberg also sits on the board.

Burrows said the council would be "tied up" by having to hear residents’ appeals of some zoning board decisions. He also mentioned that the town would incur additional costs as a result of the ordinance and suggested that the Zoning Board might be "politicized" by the ordinance.

"You may politicize what I see as a very well-functioning body (the Zoning Board)," he said. "I’m very uncomfortable with the suggestion at this point."

"When use variances are granted ... especially going from commercial to resi­dential, the town loses money and resi­dents sometimes have a problem with schools being built, [since] they have to pay extra money toward the school," Morelli responded. "This [ordinance] is letting the residents know they have a place to come for decisions that affect the entire town."

Denkensohn said he was also con­cerned the ordinance could "politicize" the Zoning Board.

"The concern is who can appeal deci­sions of the Zoning Board. If it’s the appli­cant, that’s one thing, but if it’s any citi­zen of the town, you’re opening up a whole ball of wax," Denkensohn said. "We don’t want [to hear], ‘Oh, this is an appli­cation before the Democratic Zoning Board,’ so a Republican is going to appeal it and vice versa when the Republicans take over the Zoning Board."

Kleinberg suggested that a similar ap­peal process be established for Planning Board decisions as well.

"People complain about the Planning Board just as much [as the Zoning Board]. I would like to include [an appeal process] for the Planning Board as much as possi­ble. It’s not a Republican-Democrat thing, it’s right vs. wrong," the mayor said.

The council decided to refer the matter to Andrew Bayer of the township attorney’s office, who will report back to the council on whether and how the council could adopt an ordinance allowing residents to appeal planning and Zoning Board decisions to the governing body.

Mitch Jacobs, a spokesman for the mayor, described Morelli’s proposal as "resident-driven."

"The ordinance would provide an ap­peal process [of board decisions] that would not require groups of residents to incur the costs they would face if their only remedy would be to appeal to the Superior Court of New Jersey," Jacobs said.

The Zoning Board has begun hearing an application filed by builder Steve Meiterman, who is seeking approval to construct 120 apartments on land that is zoned for commercial use, Jacobs noted.

"The board hasn’t made a decision in that case, of course. However, if residents find [the board’s decision] in that case in­appropriate, there should be a cost-effec­tive way for them to appeal it," Jacobs said.

Kleinberg said he fully supports the concept of a law that would allow resi­dents to appeal zoning and Planning Board decisions.

In related news, the council approved the appointments of Joseph Castellucci, Seth Goldzweig and Jeffrey Rosen to the Zoning Board. Republican Councilman Joe Pernice and Morelli had objected to the appointments, which were tabled from the council’s reorganization meeting on Jan. 4.

Morelli had said she was disturbed by votes cast by Castellucci and Goldzweig in favor of the Tennent Estates applica­tion. Morelli and Pernice had suggested that other candidates should have been considered for the positions.

Castellucci and Goldzweig were ap­proved by 3-2 party line votes, while Morelli joined the three Democrats on council in voting to appoint Rosen to the Zoning Board for the first time. Pernice voted against Rosen’s appointment.