Applicant seeks certificate for lawn-sprinkler business at 465 Second Avenue; board carries to July 22

The Garwood Planning Board carried an application for a certificate of nonconformity for 465 Second Avenue to its July 22 meeting after board members said they need more documentation to limit and define the permitted use.

At a July 12 hearing, attorney Natasha Montavo told the board the applicant, Paul Muns, operates a lawn-sprinkler business at the property and is the contract purchaser seeking recognition of the existing use to complete the sale. Muns, sworn to testify, said the business has operated at the site for about 21 years, uses the building for office work and equipment storage, employs about eight people overall with two office staff on-site daily, and typically stores two to three work vehicles at the property.

Municipal planning consultant Paul Ricky reviewed historical maps, a 1959 deed, and tax records and said the evidence supports treating the parcel’s current operation as a lawful pre-existing nonconforming use. Ricky noted maps from the early 20th century and the deed language permitting a detached garage with a small office and said tax assessments back to 1989 list the parcel as commercial. Board counsel also discussed the 1959 deed restriction that limited principal uses to a single-family dwelling but specifically allowed a detached garage and a small office attached to it.

Several board members said the documentary record between 1974 and 1989 is incomplete and stressed the need to define permitted activities narrowly. Members suggested a certificate that recognizes an office-type, non–customer-facing use rather than a broad “commercial” classification, limits the number of on-site employees and vehicles, and expressly excludes automotive or food-service uses. The applicant’s attorney said a property survey is forthcoming and asked whether the board could adopt the certificate at the next meeting if suitably worded language and the survey are provided; planning counsel indicated that approach would be acceptable.

On that condition, the board voted to carry the application to July 22 so the applicant can submit a survey and proposed certificate language. The board directed staff to receive any supplemental submissions in advance so members can review them before the continued hearing.

Next steps: the applicant will provide the survey and proposed resolution language; the board will consider adopting a narrowly circumscribed certificate of nonconformity at the July 22 meeting if the materials satisfy the board’s concerns.