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Front PageOctober 12, 2006 


McGuire St. landlord defends use of property
Says warehouse now on site uses just one tractor-trailer per day
BY VINCENT TODARO
Staff Writer

EAST BRUNSWICK - After more than a year of residents' public complaints about trucks that use his property, Lance Shalit is sharing his side of the story.

Shalit attended Monday night's Township Council meeting to dispute certain points and respond to complaints about the Turnpike Industrial Park, his family's longtime property on McGuire Street, off Route 18.

Shalit currently leases part of the site to Concord Distribution, which is categorized as a warehouse and distributor but has been the subject of residents' complaints due to its use of tractor-trailer trucks that pass their homes to get to the site.

Before Concord, it was Nieroda Transport that leased the space for about a year until residents' complaints prompted the township to cite it for zoning violations.

Residents began complaining this summer that Concord has moved in and was causing similar truck noise problems in violation of township ordinances.

But Shalit said Concord is in fact a warehouse and distributor, and not a trucking company like Nieroda, who he agreed should not have been allowed on the site. He said Nieroda had not been forthright with regard to its use before it moved in, and he was unaware it would be having trucks go in and out so often.

As a warehouse, however, he feels Concord is a legal operation.

Shalit also argued that residents should have realized they were going to live next to the warehouse site before they moved into their homes in the McGuire Street area. He noted that most of the land was vacant nearly 40 years ago when his family bought its property from the McGuire family to build a 40,000-square-foot warehouse.

One member of the McGuire family, Mary, still resides on the property and has done so since 1949. She has been among those complaining that trucks are using the street and the property in violation of township ordinances.

At the meeting, Shalit disputed claims that Concord creates much in the way of truck noise. He said only one tractor-trailer travels McGuire Street per day, along with a "few mini-trucks."

He said residents simply do not want any business in his building, which is also home to a gymnastics academy.

"I just want to let you know what you are up against," he told the Township Council.

Regardless, some hope that the issues can be worked out soon.

The township is organizing a meeting with residents, officials and Shalit to discuss the issues. Township Business Administrator James White said the actual meeting date had yet to be determined.

None of the residents were at Monday's meeting, something that came as a surprise to Shalit since they have attended most recent meetings to air their issues.

Shalit said that in 1964, his grandfather received subdivision approval for the property, and in 1973 it was approved for warehouse use. Township Attorney Michael Baker agreed that Shalit can continue to use the site for warehouses, with the exception of the portion now used for gymnastics. Baker said the warehouse use is grandfathered, meaning that recent actions by the township cannot affect it.

Shalit, noting he is a township resident, said he has tried to be a good neighbor and bring in businesses that will have little to no impact on the nearby residents. Based on the repeated complaints, people tend to think otherwise, he said.

"Everyone thinks I'm the bad guy," he said.

Last year, he said, he allowed Nieroda out of its five-year lease four years early so that it would not fight the township in court over the matter.

At the meeting, Shalit said things are "getting a little crazy" because of all the complaints and the police presence, noting that Concord is beginning to be harassed.

He said he could have received more money by allowing a different tenant, but that he went with Concord because he felt there would be no negative impact.

Still, Shalit said he has communicated with Concord, and the company has agreed to shut off trucks "as soon as they come in" so that they do not idle. Residents have complained that the idling of trucks was disturbing and illegal, though no summonses have been issued.

Council President Nancy Pinkin noted that trucks are not legally allowed to idle more than three minutes.

Mary McGuire told the Sentinel that she disagrees with some of Shalit's assertions. For example, while there is only one tractor-trailer per day, she said there are more than three smaller trucks that are still three-quarters the size of a semitrailer.