MILLSTONE – The proposed expansion of a business that has operated in Millstone Township for many years has been denied by the Zoning Board of Adjustment.
During a meeting on Sept. 26, board members denied an application from Charles Noreika, a co-owner of Noreika Sales, to construct a mixed use commercial and residential development at Paint Island Spring and Millstone roads. Attorney Vincent Halleran presented the application on behalf of Noreika.
Noreika Sales, which sells and services lawn and garden equipment, has been in operation since the 1940s. The business began when there were no zoning regulations in Millstone Township and is in a zone which is now designated for residential uses.
According to engineer and planner Pat Jeffries, representing the applicant, the proposed mixed use building was intended to replace the existing Noreika Sales building, which is scheduled to be demolished by Monmouth County as part of a project to construct a traffic roundabout at the meeting point of Stagecoach Road (Route 524), Millstone Road and Paint Island Spring Road.
Noreika’s current building is 2,900 square feet and is split between retail sales and service, according to Jeffries.
The new mixed use building was proposed with 9,950 square feet – 6,200 square feet for the relocation of the current business and office space, and 3,750 square feet for new retail space.
Jeffries said that of the 6,200 square feet for the relocation of the existing business, 2,850 square feet was to be a retail showroom, 2,350 square feet was to be a shop for repairs, assembly and maintenance of equipment, and 1,000 square feet was to be an office.
Residents who testified in opposition to the application said they believed the expansion of the business would have a negative impact on the surrounding area, citing activity increases and potential safety issues.
Noreika testified that an expansion of the business was being sought to recoup the finances he would have to spend to relocate Noreika Sales due to the county’s plans to demolish the current building to make way for the traffic roundabout.
“I really didn’t ask for this,” Noreika said. “This is the county and the township wanting to put a circle in. I’m perfectly happy with the operation I have, but if I can’t increase the size to a fair portion, I can’t afford to do it. Right now, if I put up 3,000 [square feet] at the new location, I would have to go borrow money, I would have to have a mortgage. Right now, I owe nothing.”
The application also proposed creating five apartments above the proposed building. Noreika said one apartment would be for his brother, as the home his brother lives in is also scheduled to be demolished by the county.
Members of the zoning board said the focus of their decision had to be on the impact of the business if variances were granted.
“I understand the situation the applicant is in,” Chairman Michael Novellino said. “I agree it’s unfortunate, but I don’t think we know for sure what the county is going to do. I think we need to proceed as if we are making this decision totally based on what’s best for the township.
“I think what is best for the township would be to have this business continue to provide the services it provides today in the location it provides the services today without making changes that impact the neighbors,” he said.
Novellino found that the application did not satisfy the positive criteria for a use variance to have the commercial use in a residential zone.
“In order to satisfy the positive criteria, the applicant has to prove the property is particularly well-suited for these uses,” he said. “I don’t see a compelling case for that. These uses are pretty common, could be put on any property in any neighborhood commercial zone in the township.
“I do have great faith in our Planning Board that they provided adequate neighborhood commercial zone space to meet the needs of the community. This property wasn’t included and I have to put faith in our Planning Board that they did their due diligence and they had good reasons for that.
“I don’t think it’s within the power of this board to really undo anything the Planning Board has done. This [variance] would impair the intent of the zone plan, if you start granting use variances for things that are not intended for the zone,” Novellino said.
A motion was made to deny the Noreika application. Novellino and board members Patrick Mostyn, Steve Morelli, Anthony Conoscenti, Barry Frost and Steve Lambros voted “yes” to deny the application; Vice Chairman Steve Barthelmes voted “no.”
Noreika may reappear before the zoning board with a substantially different application for his business.
