June - July 2001 Edition

Controversial Bus Depot  By Ed Trawinski  At this time, it is anyone's guess as to when Scholastic Bus Company's application for a school bus depot on River Road (across from Shop Rite) will be concluded and actually voted upon by the Fair Lawn Zoning Board.    For almost a year, the Zoning Board has held hearings, almost monthly, on Scholastic's application. Extensive testimony has been presented (and continues to be presented) by Scholastic, the public advocate, Joel Tanis & Sons Incorporated, numerous residents and the River Road Improvement Corporation.   Testimony has considered numerous issues including the facility's impacts to traffic, air quality and the Passaic River. The Fair Lawn Zoning Board and the members of the public who have appeared regularly at the meetings are to be commended for their patience, thoroughness and diligence. The Board has a whole variety of choices ranging the gambit from approval, to denial, to denial with conditions that address many of the issues and concerns raised throughout the course of the hearings. Stay tuned, as only time will tell what will happen.    Initial Application: Over six years ago, the Scholastic Bus Company submitted an application to the Fair Lawn Zoning Board to operate a school bus depot at 18-02 River Road, a 2.24 acre parcel of land owned by Wendell Realty and leased to Scholastic Bus. The facility is located on a street commonly known as Range Road. Also using Range Road are the Tanis concrete trucks. After extensive hearings, the Fair Lawn Zoning Board denied the application, and Scholastic Bus appealed to the New Jersey Superior Court.   Appeal: The Appeal was initially won by Scholastic Bus in the Trial Court. The matter was further appealed by the Borough to an Appellate Court. In that appeal, the Appellate Court agreed with the Trial Court that the Zoning Board was arbitrary.  The Appellate Court reversed the decision of the Fair Lawn Zoning Board and sent the application back to the Fair Lawn Zoning Board. The Court ruled that the Zoning Board was arbitrary, capricious and unreasonable, because they failed to consider whether the negative effects of the bus depot could be reduced by imposing reasonable conditions on its use. However, the Appellate Court reversed the Trial Court's determination granting the Use Variance and sent the matter back to the Fair Lawn Zoning Board for fact finding and reconsideration of the issue of whether reasonable conditions could be imposed sufficient to offset the detrimental effect of the proposed bus parking and maintenance facility.   Beneficial Use: When the matter went to Court after the Fair Lawn Zoning Board denied the initial application in 1996, there were two important issues in the case. First, Fair Lawn's Zoning Ordinance did not permit a bus depot in this location. Second, case law considers some facilities "inherently beneficial" and makes it difficult for zoning boards to deny their applications. These issues were removed from the case when the Fair Lawn Council subsequently adopted an ordinance which permitted a bus depot on the River Road property (subject to certain conditions), but expressly prohibited a vehicle maintenance and repair facility.   Edward Trawinski, former Mayor of Fair Lawn, is a law partner at Schenck, Price, Smith & King.  He is currently representing the River Road Improvement Corporation, pro bono, in its interests before the Fair Lawn Zoning Board.