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THE WESTFIELD LEADER O Tkiumdirngmdmoit Widely Circulated Weeklyxewtpaptrl* Inion County

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THE WESTFIELD LEADER O Tkiumdirngmdmoit Widely Circulated Weeklyxewtpaptrl* Inion County .»?•• o THE WESTFIELD LEADER o TkiUmdirngmdMoit Widely Circulated WeeklyXewtpaptrl* Inion County Saconi CUM Poctw* P»l« Publl«hid 3URTHYEAR—No. 50 M WtltfltM. JCJ. WESTFIELD, NEW JERSEY, THURSDAY, JULY 25, 1974 Every Ttauridtr 24 Paces—16 Csato U fi Z !H§3 u »-< HlUll- _l r- Sign Ordinance Upheld M LT\ l/> 3 <M tXJ In "Landmark" Decision Westfield's sign or- aoldy for aesthetic purposes then powerless to deal with and Judge Ackerman dinance, put of the town's is an idea whose time has this problem when it beholds commentedon Claus' views toning code, hat been come; it is not outside the the fruits of a philosophy of as follows: upheld by Superior Court of •cope of the police power. noninterference? We think "In the opinion of this New Jersey Judge Harold A. ".. Ordinances based on not. In such a situation, court, a fair reading of Dr. Ackerman in • "landmark" aesthetics may still be assuming the municipality Claus' testiomny decision which contends scrutinized by the courts to acts reasonably and fairly in necessarily leads one to the that a municipality may determine their the process of balancing the conclusion that he believes a enact a Boning ordinance reasonableness in achieving various interests; the right businessman has the right to bated solely upon aesthetic their goals. Leu confusion of the businessman to erect various types of signs considerations, will result if the courts promote his goods may unconstrained by the Judge Ackerman's accept •esthetic toning per become subservient to the community's desires. This opinion concluded more se, instead of purporting to community's interest in its laissez-faire approach to the than three yean of litigation accept it and then appearance. problem runs counter to brought against the Town of dismissing it as inadequate. "Plaintiff (Westfield sound decisional law in this Westfield, iU Board of Indeed, when an ordinance Ford) contends that the area, which views with Adjustment and George is based purely upon municipality has acted approbation an exercise of Tramos, the building in- aesthetics, an opponent may unfairly ana unreasonably legislative judgment by a spector, by Westfield Motor better aim hit attack and that the restrictions municipality which it Sales Co, who wished a towards the imperfections imposed upon the business unattended by ar- variance to erect non- in the ordinance instead of area, within the context of bitrariness. conforming signs on its being sidetracked towards the entire ordinance, are "It is curious to note, , North Ave. property. the less substantial question arbitrary and .that Dr. Claus had no Westfield Ford further of whether or not some discriminatory, Again, we quarrel with the City of Lag claimed the zoning or- factor such as safety or must disagree. The or- Vegas, Nev., portraying a dinance was un- health Is involved. The dinance in question does not certain public image on a constitutional. attack may be directed, do violence to the business- thoroughfare known as the Judge Ackerman's without diversion, at the man's right to advertise his 'Strip,' but denied Westfield opinion was described as a reasonableness of the or- wares; it merely regulates the same aesthetic "landmark decision" by dinance. this right by limiting the size privilege. ." Robert J. T. Mooney, at- ". In the instant case, of certain signs he may Westfield Ford, through torney for the Town of there is nothing wrong with desire to use. We need not, its attorney, Paul R. Westfield, because he ruled a large or small business at this point, analyze the Williams Jr., alleged that in his decision in favor of the concern seeking to advertise various provisions of the the sign ordinance violates town that the municipality its wares in a uniform ordinance. Suffice it to say equal protection because Artiat's rendering of proposed changes to Coniervatlon CmMr. The drawing wat executed by dark Carroll and paid for tht t*» WaatfttM II* has the right to zone to manner either nationally or that what we have here is a certain other uses are "create an image." locally. Those who live in an basic disagreement over the permitted to erect larger Previously, aesthetic zoning urban megalopolis are no reasonableness of 10 square has been upheld by the court strangers to the jungle of feet as the maximum area "It is true," said Judge 'Plainsmen, 4th Warders Protest "only when clothed with .signs which daily compete permitted freestanding Ackerman, "that other legal raiment which for their attention. signs in the business freestanding signs upon masked its true purpose," Undoubtedly, some signs by district." church property may be up according to the opinion virture of their design are Dr. Robert James Claus, a to 20 square feet, and garden Enlargement of Conservation Center rendered July 12 by Judge more aesthetically pleasing key witness for Westfield apartments are allowed up Ackerman. than others, regardless of Ford and an expert on sighs, to 18 square feet. However, uncftjf'tain future Center, seek-additional data proval for a court opinion objected to the mayor's July 31 and that a court "This court today holds size. But a municipality had claimed during the garden apartments are await* a proposal to in- on its operation and refrain has been given. Councilman spending money for legal ruling probably could not be that it is now appropriate to may perceive that a taking of testimony that the permitted only one corporate sites for "attic from moving the program to Lawrence Weiss (D.-Ward action and added that the obtained before the August permit a municipality, plethora of signs of a certain Westfield ordinance was an freestanding' sign, whereas waste" and glass and paper the fourth ward. 4), an attorney, however, courts close for vacation under proper safeguard, to size, no matter how tasteful, example of "business a business may have one dispoal at the town's garden The petition was legally deal with the can have an undesirable harrassment" of the sign for each parking lot debris Conservation Center presented by Charles problem without sub- cumulative effect upon the business community, entrance. Similarly, a valid on Lambert's Mill Rd. Hardwick, a Republican terfuge," the Superior Court well-being of the entire particularly regarding a 10 legislative distinction can be About 150 residents of seeking a seat on the council judge contended. "Zoning community. Is the citizenry square foot size limitation, (Continued on Piga 4) Scotch Plains and West- in the November election. field's fourth ward • most of Another candidate, former them hostile to the project - Councilman John Fife, who Playground Heat May Close attended a briefing session is running for mayor on the Local Phone Bills on the project Tuesday night Democratic ticket, asked Tourney Today Playfields in the Town Council that consideration of the chambers at the Municipal waste disposal project be Physical Fitness Week at May Go Up $1.31 Mrs. Ruth V. Hill, director Building. delayed until January when the Westfield playgrounds of recreation for the The result was threats by a new mayor and council will be highlighted today by New Jersey Bell The company's request Westfield Recreation 'Plains neighbors to "fight will be seated. the town tournaments. Telephone Company Thurs- totals $155 million in three Commission, announced in everyway possible" the The delay met with a The relays and 100-yard day filed a request with the stages. As outlined in the today that" the play grounds proposal and even to "get .negative response from State Board of Public Utility and teen centers will close if rid of the dump," and a Mayor Donn A. Snyder, but dash finals will be held at company's petition, the first the temperature is above 90 the high school athletic field Commissioners for in- adjustment would go into promise by Deputy Mayor of his intent to act in some way degrees. However, all Scotch Plains Alan M. on "attic waste" disposal at beginning 10 a.m. At 1 p.m. creased intrastate telephone effect on Oct. 1, the second grounds would remain open at the Edison Teen Center, rates to be implemented in in January, 1975, and the Augustine to take injunctive the Aug. 13 meeting of the until 2:30 p.m. before action should the Westfield council is not expected to nok hockey, broad jump, steps over a period of almost third in April, 1975, with closing because of the heat. tetherball, four squares, a year. certain aspects of the council move ahead with the materialize. Mayor Snyder checkers, paddle tennis, Under the proposal, basic changes to become effective Mrs. Hill emphasized that project. said that he wished to seek a hop-scotch and a Softball monthly residential rates in later. all the grounds would be The Scotch Plains' ob- court opinion on throw will be held. A five percent increase in open in the morning, and jections were augmented by modifications to a consent Westfield would be in- order under which the A boy or girl may not revenues would become that the leaders would a petition signed by 500 creased from $6.83 to $7.90 Conservation Center is now represent his playground in effective Oct. 1 through remain with children in the Westfield fourth ward for individual lines and operating before placing the more than one activity, changes in basic monthly afternoon if they can not residents to reopen the .3SSST from 15.39 to $8.70 for two- issue before the councillor a except that a child may also service in other areas, such leave before 4 p.m. She North Ave. "attic waste" Aerial view of Conservation Center and adjoining town-owned property off Lambert's party lines.
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