Town issues violation notice in tree clearing
BY TALI ISRAELI
Staff Writer

MARLBORO - Meiterman Holdings Inc. was issued a notice of violation and a stop work order last week from the township engineering department in regard to the start of construction of a residential development.

The Grande at Marlboro, formerly known as Brownstone Commons, will be a two-story, age-restricted rental complex consisting of 26 one-bedroom units and 64 two-bedroom units.

Builder Steve Meiterman, the purchaser of the 7.5-acre parcel on Route 9 known as Cottontail Farms, was granted a use variance and a density variance from the zoning board on Dec. 15, 2004. The applicant was granted preliminary and final site plan approval for the project on July 20, 2005.

The property, which is zoned for commercial use, is between Clayton Road and Route 9 north, just south of Union Hill Road.

Since September 2005 the Township Council and Mayor Robert Kleinberg have been appealing the zoning board's approval of the development, claiming that the board usurped the council's exclusive authority to zone and rezone properties within the township.

Although the courts have denied the township's appeals on several occasions, on May 31 the trial court entered an order staying the development of the project for three months.

The order came after the Freehold Borough offices of Steven and Bernard Meiterman were raided by agents of the FBI and the Internal Revenue Service. Steven is the purchaser of the property in question and his brother, Bernard, was the attorney for the application.

In a motion filed in April 2006, the mayor and council included the possibility of corrupt activity surrounding the application as a reason to appeal the zoning board's decision to grant the requested variances.

The court's order stayed the start of the project until Sept. 1 to allow federal authorities to continue their investigation.

According to Township Attorney Andrew Bayer, after the stay was lifted Meiterman Holdings cut down trees on the Cottontail Farms property without a permit.

Bayer said the developers applied to Marlboro for a clearing and grading permit (in August). He added that acquiring that permit would be the first step to starting construction on the site.

According to Bayer, the engineering department was still reviewing the application for the permit when Meiterman Holdings cut down the trees on the site over Labor Day weekend.

In response to a resident's inquiry about the clearing of the trees, Bayer said the engineering department performed an investigation of the activities conducted by the Meitermans.

As a result of the investigation, the township issued a notice of violation to Meiterman Holdings for clearing and grading without a permit. The violation will be heard by the municipal court judge, according to Bayer.

The township also issued a stop work order to the Meitermans, which Bayer said requires the developer to submit a stabilization plan to the engineering department and a partial tree restoration plan and landscape plan to address site stabilization and appearance issues.

Kleinberg said he believes this is "just another brazen example of the Meitermans' disregard of the law."

"What's the sense in having laws if the builders ignore them?" the mayor said. "People who disobey the law cost the taxpayers money. We have to stand up for what's right."

Eddie Kay, a partner at Meiterman Holdings, said he believes his company has continued to follow the rules and regulations Marlboro has in place.

"I believe we did everything correctly as we always believe that we do," Kay said. "We're not trying to pull the wool over anybody's eyes."

Bernard Meiterman would not comment on this matter.