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Why it is a bad idea to Rezone an 80 year old Residential Zone into a Hazardous Industrial Zone?

(Proposed Rezoning of Residential Community into Hazardous Industrial Zone on Merry Lane is outlined in red-dash lines below:)

(Approximately a 2018 photo) This site sits in the middle of three residential developments on Georgian Court, River Road, & Heritage Drive) 

8 Merry Lane has been a residential site with a single-family home on it for over 80 years:

☐ Shortly before 2008, the owner was approved to convert his single-family residential lot into a 3 lot Residential Sub-division which blended which blended in perfectly with the surrounding residential developments on Georgian Court to the West , River Road to the North, and Heritage Drive to the East.

However, owner decided to illegally turn his residential zone property into his personal contracting business site.

As a result, the owner turned a pristine residential property into an unsightly junkyard which violated

numerous East Hanover residential and property maintenance laws which the Mayor, Zoning Board Chairman, & Zoning Officers

turned a blind eye to the local residential and property maintenance violations. Because the surrounding residents couldn’t get the local officials to enforce the local ordinance violations, the frustrated residents were forced to contact  State & County inspectors to enforce public health related violationsCLICK HERE TO VIEW State & County Violations  against the  Freshwater Wetlands Protection Act, Solid Waste Management Act, & Soil Erosion and Sediment Control Act issued by the NJDEP & County of Morris Office of Health Management inspectors)

Despite the NJDEP and the County of Morris Office of Health Management issuing multiple violations, the Mayor and the town zoning officers have turned a blind eye for 6 plus years to multiple East Hanover residents complaints to the Mayor and the town zoning officials for: 

  • Dumping hazardous contractor’s debris on residential property sitting on top of protected well-head and wetlands, 
  • Cutting down 80 plus trees down with no permit, 
  • Storing heavy industrial equipment on residential property which can be a pollutant to protect well-head and wetlands,
  • Parking cars, trucks, and heavy construction equipment on the front lawn of a residential property , 
  • Storing tractor trailer containers on residential property on the front lawn of a residential property,
  • Weeds growing over 12 inches high creating an environment to foster rodents on a residential property. 

If the Mayor, Council, and Land-Use Planning Board continues to turn a blind eye to violations and rewards the owner for illegally using a residential property for his own personal contracting business purposes, what message does this send to the owner if granted industrial usage?   If the owner of the property didn’t obey East Hanover residential zoning laws, what makes the Mayor, Council, and Land-Use Zoning board think he’s going to obey Industrial zoning laws?

Look at the before and after pictures of how this pristine residential property which is in the middle of residential homes was environmentally decimated and illegally being used a commercial property on top of a Protected Well Head Zone (where drinking water is sourced) and in a declared Wetland which was illegally dumped on). 

The owner of 8 Merry Lane is running this residential property as  junkyard and construction site. The local town inspectors have not enforced the laws? Remember, this is all being done on environmentally sensitive property whereby it's on a protected well-head zone (source of drinking water) & declared wetlands.  

Could you operate your residential property like this without any fines from the local inspectors?

I(Excerpt below of the East Hanover Zoning Laws clearly stipulates that heavy industrial equipment is a potential source of pollutants to our drinking water as per the NJ Safe Drinking Act especially in a Protected Well-Head Zone:)

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Over the last 8 years, the owner of 8 Merry Lane decided not to build the approved 3 lot residential sub-division. Instead, the owner thought it would be more profitable to convert the site from residential to industrial usage. Thus, the owner of 8 Merry Lane brought 2 separate controversial variance applications before the Zoning Board for possible Industrial uses, and the Zoning Land-Use Board was met with a packed room objectors vehemently opposing any zoning variances for allowing Industrial usage at the 8 Merry Lane site.

The local residents were so opposed to any industrial usage at the 8 Merry Lane residential site, they submitted to the Zoning Land-Use Board a petition of over 800 objectors.

Even after knowing the residents of East Hanover objected to any industrial usage at 8 Merry Lane residential site, the Mayor, Council, & Land-Use Planning board is now using tax-payer dollars to have the town planner and town engineer  circumvent  the zoning variance application process by recommending to rezone an 80 year old residential zone which is the anchor residential site for the residential developments for Georgian Court, River Road, and Heritage Drive. 

This defies all common sense and zoning laws which are in place to protect the health, safety, and welfare of the residents.

Why are the Mayor, Council, and Land-Use Planning Board going to these extreme lengths for the benefit of one property owner at the expense of all the residents on Georgian Court, River Road, and Heritage Drive?

Even after knowing there were so many objectors to any proposed Industrial Uses in the middle of a residential zone, the Mayor, Council, and Land Use Planning Board proposed an ordinance to make is easier for the developer to allow industrial usage by using tax-payer dollars to circumvent to the Zoning Board application process by rewriting the Master Plan and proposing an ordinance to convert the residential zone into an industrial zone which is hazardous to the residents and allow industrial use pollutants on top of a designated protected well head zone (source of drinking water), and environmentally sensitive wetlands.   WHY?????

Below is a video of several objectors opposing the ordinance and master plan revision to convert an 80 year old residential zone into a hazardous industrial zone which would benefit one property owner as the expenses of dozens of families living in the residential community:

W​hy is the Mayor, Council & Zoning Board  proposing such a hazardous Rezoning Change?!

This proposed Rezoning change from Residential to Industrial is Hazardous to all the surrounding Residents, Protected Well-Head Zone, & Wetlands!

IPermitted Industrial Uses are Hazardous to Residential Living, this is why residential dwellings are prohibited in Industrial Zones


(below excerpt from East Hanover Zoning Codes) 

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In fact Industrial Zones are so hazardous, there are already 4 confirmed contaminated sites over 300 plus feet away on the other side of the railroad tracks.  

Now, the Mayor, Council, and Zoning board is proposing to move the hazardous Industrial Zone over 700 feet into the middle of an existing residential zone which has a protected well-head zone for drinking water and freshwater wetlands!

(please view below the confirmed contaminated sites over 300 feet on the other side of the railroad tracks:)

According to East Hanover's 2013 Environmental Resource Inventory, there are over over 36 active contaminated sites in East Hanover and 7 pending sites.  Why in the world would the Mayor, Council, and Zone Board allow more industrial usage to pollute East Hanover even more especially on a residential site which has a protected well-head zone and wetlands?  Why would the Mayor, Council, and Zoning Board propose to convert an 80 plus year old residential zone into an hazardous industrial zone?  Why? 

IThe below "Schedule of Area Requirements" are East Hanover Zoning Laws implemented to create buffers/setbacks to protect the residents of East Hanover.   However, the Mayor, Council, and Land-Use Board are proposing to remove the required 200 feet setback (footnote 17 below) to protect Residents opposite street lines from an Industrial Zone.   Furthermore, the proposed industrial zone conversion doesn't have the required 3 acres so that there can be enough buffer zones to protect everyone from the hazardous uses in an Industrial Zone.   None of this make any sense!   These decisions are jeopardizing the quality of life of residents and their health, safety, and general welfare.

IBelow is an excerpt of the Master Plan Re-Examination Report whereby the Zoning Board voted to remove the critical safety buffer/set back of 200' to protect residents from hazardous industrial zones.  Also, Zoning Board voted to remove the requirement of having professionally landscaped area and replace with natural vegetative growth which is a euphemism for weeds!  Please tell the Mayor and Council to not support the 2nd reading of the ordinance which endorses these changes. 

Quality of life, health & safety, and property values  are at risk due to unprecedented decision to convert a Single-Family Residential Zone into Industrial Zone to enrich one Developer. 

Is this a case of PROFITS before the People of East Hanover?


The Mayor, Council, and Zoning Board members are supposed to be a guardian of the town's zoning laws and not allow such arbitrary and capricious deviations from zoning laws which were created to protect residents.


Please come out on Tuesday February 28, 2023 at 7pm at East Hanover City Hall to support our fight against this unthinkable proposal to convert Single Family Residential zone into a hazardous Industrial zone in the heart of Single Family homes.


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