Business sues Millstone Township for denying its expansion

Alocal business filed suit against the Millstone Township after the Zoning Board of Adjustment denied its expansion plans.

Board members voted 4-3 May 26 to deny Seasonal World’s application for a use variance to expand its Route 537 building with a canopy. Chairman Michael Novellino and board members Steve Lambros, Frank Curcio and Anthony Conoscenti voted against the approval, while Robert Bailey, Barry Frost and Steve Morelli voted in favor.

Seasonal World had sought the use variance to increase the size of the existing building on the property by approximately 2,820 square feet by constructing an enclosed canopy around the perimeter of the building

Seasonal World, owned and operated by Anthony Schiavone, has filed a civil action suit in state Superior Court, Freehold, against the Zoning Board and the township. According to the complaint, Seasonal World applied to the board in February for approval to expand its existing one-story building. The board conducted public hearings on the proposed expansion at its April 28 and May 26 meetings, and no one came forward to oppose the application, according to the complaint.

Prior to the April 28 meeting, the applicant and his professionals met with the board’s professionals, which resulted in the applicant revising his plans, according to the complaint. After the April 28 board meeting, the applicant and his professionals again met with the board’s professionals and further revised the plans to accommodate comments made by the board and its professionals, the complaint states. The complaint goes on to state that the board acknowledged on several occasions that the proposed addition would be an aesthetic improvement and “enhancement” in the appearance of the building.

The complaint alleges that the board improperly focused on issues irrelevant to the appropriate analysis used in determining the request for a use variance. These include Schiavone’s prior applications before the board, conjecture and speculation as to what the applicant might apply for in the future, and “depreciatory, prejudicial” descriptions of the retail establishment. The complaint notes that the board approved the retail establishment, which is consistent with the appearance of most retail establishments in the township, but board member comments included calling the business a “circus” and “incompatible with what we are looking for in Millstone.” The complaint also states that one board member said, “You have just the type of business that we will see you again.”

At the May 26 hearing, board member Steve Lambros said, “The more it’s allowed to expand, it creates more potential for more conflict. You have to know when to say when.”

The complaint alleges that in April 2001, a resolution memorializing the board’s approval of a use variance stated that Seasonal World’s use of the property is similar to other uses expressly permitted by ordinance. The complaint alleges that the board should never have considered the use as nonconforming, and that the decision to require Seasonal World to obtain a use variance was “arbitrary, capricious, and unreasonable.” The complaint further alleges that the board and township are selectively applying and enforcing ordinances regarding which business and commercial establishments are permitted to display merchandise outdoors or for seasonal and holiday decorative purposes.

Seasonal World is asking the court to decide that it does not need a use variance to expand because it is not different from other commercial uses permitted in the highway commercial zone, and because the board cannot retain site plan jurisdiction over the present use of the property. The business wants the board’s June 23 resolution denying the expansion rescinded, and has asked the court to award damages, including costs and legal fees.