Educational facilities become permitted use
BY TALI ISRAELI
Staff Writer

MARLBORO - Township Council members believe that although an ordinance to amend the C-2 commercial zone was adopted quickly, the law makes sense and is consistent with other commercial zones in Marlboro.

The ordinance that was adopted on Feb. 15 will permit the use of commercial educational facilities in the C-2 commercial zone.

A commercial educational facility is defined in the ordinance as a commercial recreational use in which the principal activity is to educate and teach children and/or adults with respect to certain recreational, athletic and/or artistic activities. The permitted uses include a martial arts school, a dance school, an art school and a yoga or Pilates studio.

At a Jan. 25 council meeting, Jack McInerney, the owner of ATA Black Belt Academy, Route 79, asked the council to amend the C-2 commercial zone to allow his business to move to a location in that zone.

According to McInerney, Marlboro's zoning officer determined that a martial arts school is not an approved use in the C-2 zone. McInerney appealed the zoning officer's decision to the Zoning Board of Adjustment but the board denied the appeal.

McInerney said he would have to appear before the zoning board and apply for a use variance in order to move his business from its present location on Route 79 to the Bear Brook Commons retail center at the intersection of Route 79 and Route 520. He asked the council to amend the C-2 ordinance to allow martial arts and other similar businesses in the zone.

The council's adoption of the rezoning ordinance will permit the ATA Black Belt Academy to move to Bear Brook Commons without receiving a use variance from the zoning board.

During the Feb. 15 public hearing on the ordinance, resident Paul Schlaflin said he believed the council moved too quickly with the ordinance. He noted that it was only one week after McInerney's request that the council introduced the law.

Using Bear Brook Commons and the ATA Black Belt Academy as an example, Schlaflin said his main concern was whether there is sufficient parking in that parking lot to accommodate the martial arts business.

He noted that many of the current businesses in Bear Brook Commons have people coming in and out in rapid succession. A business such as a martial arts school could have 40 cars parking at one time and staying in the lot for a longer period of time, Schlaflin said.

Schlaflin questioned why the council would move forward with an ordinance such as this one when there is a procedure in place - applying to the zoning board for a use variance - which requires applicants to provide testimony addressing this issue.

Councilman Joseph Pernice explained to the public that Marlboro has five commercial zones and all but the C-2 zone permits these types of commercial educational uses; therefore, the ordinance would make the C-2 zone consistent with the other commercial districts.

Regarding Schlaflin's concern, Pernice said businesses moving to or opening in the C-2 zone would still be required to get a certificate of occupancy from the zoning officer. This process requires the zoning officer to address the parking situation. If the parking is not sufficient in a particular lot, the business owner would then have to go before the zoning board for a variance for parking, Pernice said.

Council President Jeff Cantor noted that Planning Board Chairman Peter Bellone had submitted a letter to the council confirming that the board found the ordinance to be consistent with Marlboro's master plan.

Cantor added that adopting the ordinance is an example of how the council can make local government friendlier to its residents and business owners.

"We saw a deficiency and found out how to remediate it and we made a change. It was quick but it made sense," Cantor said.

Councilwoman Patti Morelli added that Marlboro's planner said this provision was something missing from the

C-2 zone.