BY JANE MEGGITT
Staff Writer

UPPER FREEHOLD — A local landowner thinks the township’s zoning officer bears a personal grudge against him for not allowing him to sell his land as commercial property.

Zoning Officer Ronald Gafgen denies that he has a personal grudge against Woodrow Wilson “Butch” Dey III. He said the tract is in the agricultural/residential zone, and there is no record of commercial use ever approved by the township.

Dey lives on Old York Road and operates a welding business on the site. He said the land has been in his family for three generations, and has had a business on it for 40 years.

“It’s grandfathered in for business,” he said.

Dey alleged that Gafgen told him he cannot sell the property to another business, and can only sell it as a residence.

“I’ve got a 7,000-square-foot building in the back that I can’t rent out,” he said.

Dey claims the former Log Cabin gas station on Route 539 has a “For Sale” sign on it as a business, and is in the same zoning as his property.

A January memorandum to Township Administrator Barbara Bascom from Gafgen outlined what he felt about Dey’s “continual inaccurate zoning interpretation comments.” Gafgen was referring to comments Dey had made at Township Committee and Planning Board meetings.

According to Gafgen, the property was originally a large farm parcel that was sold to K. Hovnanian Cos. 10 years ago to build the Lynnwood Estates subdivision. Four acres remained in the Dey family, and included two houses and several large outbuildings.

In 1993, one of the houses caught fire and was demolished. Also in 1993, the Zoning Board granted a use variance to allow a monopole mobile radio tower to be built.

Gafgen’s memo states, “There are no records in the file granting use variances for the buildings on the property. It is my interpretation that the property must comply with the rules and regulations spelled out in the AR district.”

Gafgen wrote that if there were or are commercial uses being conducted in the buildings on the property, they are not acknowledged or approved by the township.

In the memo, Gafgen said that he knows Dey disagrees with his opinion and feels the property should be treated as if it were zoned commercial.

In the same memo, Gafgen explains the Log Cabin gas station status. While admitting it is in the AR zone, he said that years ago the property was zoned commercial, and that to the best of his knowledge the property has always been used for commercial purposes.

The change from commercial to AR zoning made the structures on the property nonconforming, but the township’s current ordinance regulates and recognizes existing nonconforming uses and structures.

Gafgen said he has informed Dey on several occasions that a use variance would be required for any type of commercial use on his property. The application to allow one of the outbuildings to be used for indoor recreational purposes was denied and referred to the Zoning Board, he said.

Dey said it took the zoning officer four months to tell him that a variance was needed for this purpose.

Gafgen said he continually receives inquiries from Realtors and prospective buyers, saying that Dey told them his property is commercially zoned. He said the indoor sports facility was the only proposal that ever came before the township in writing for Dey’s land.

Gafgen said he has heard from Township committeemen and Dey that he is costing Dey money because he is “screwing up” the sale of the property.

Dey said he had an electrical contractor who was interested in his property, but Gafgen said it could only be sold as a residence.

Dey said an electrician further down Route 539 (Old York Road) was recently permitted to open a business in the same zone.

Gafgen said that property has no residence, and was solely a commercial building. He said if Dey’s situation were similar, there would be no problem.

Dey said he believes Gafgen has a personal vendetta against him.

When asked about this assertion, Gafgen replied, “I treat everyone fairly who comes in here.”

Gafgen said he is only enforcing the township codes as they are written.