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Politics & Government

Man Accused of Arson Asks Town Committee for Help

Curtis Westover wants help in resolving a zoning issue on his Zion Road property.

A man released on bail who is to a historic Amwell Road home asked the Township Committee for help Tuesday night.

Curtis Westover, 69, of Zion Road, was arrested Saturday and charged with setting fire to a vacant historic home at 697 Amwell Road on Sunday, March 18. Free on the second-degree aggravated arson charge after posting 10 percent of the $50,000 bail, Westover will be arraigned on April 13.

Westover appeared in front of the during its Tuesday night meeting to ask the governing body for help in resolving a zoning problem on his Zion Road property that led him to in November.

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That lawsuit, dismissed in February, charged the board with acting arbitrarily in ruling that it had no jurisdiction in a proposed subdivision of his property, which houses his home and his business, B&W Nursery, because of a deed restriction attached to a previous subdivision approval.

“I’ve been a good citizen of this town since 1980,” Westover said.

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“Can’t you help me?” he asked, adding that he wanted the state to investigate the zoning board “for not following” township ordinances.

Westover said the board’s decision not to hear his subdivision application has cost him money.

“$20,000 just blew away,” he said about the engineering and legal costs he had on the application. “I will go bankrupt.”

In June 2011, Westover applied for a subdivision of his 8-acre property in the township's mountain zone. One lot would contain an existing house while the other, a flag lot, would house a nursery, landscaping business and a lawn mower and small engine repair shop, according to the lawsuit filed in the Civil Division of Superior Court in Somerville. He was going to the zoning board because his proposal was for a “non-confirming” (sic) use.

His former neighbor on Zion Road was John Lazorchak, who .

In August 2011 , township planner Robert Ringelheim wrote Westover that the zoning board had no jurisdiction in the case because of a deed restriction on the property, the suit said. Ringelheim said that was the opinion of the board attorney, Mark Anderson.

In 2001, Westover had been granted a subdivision of a 14-acre parcel with the condition that the land be used for agricultural use.

The zoning board agreed in September 2011 with Anderson's opinion and decided that it had no jurisdiction over the application.

In the lawsuit, Westover contended that he did not "recall" agreeing to the planning board stipulation in 2001 that a deed restriction be placed on the property. He also argued in the suit that a nursery and small machine shop had been operating on the site since 1981.

In court papers, Anderson defended the board, saying it did not have jurisdiction in the case.

Both sides agreed to the dismissal of the suit in February.

On Tuesday, Westover said the tape recording of the 2001 meeting is missing. He said he would file an Open Public Record Act request for a list of the township properties that have an agricultural deed restriction.

“The town made a mistake,” Westover said.

Westover also said that in 2011 he tried to make an appointment with then Mayor Gloria McCauley, but was unsuccessful. McCauley told Westover Tuesday night that she was advised by the township attorney not to have the meeting because of the pending lawsuit.

Township Attorney Albert Cruz told Westover that the township committee had no jurisdiction in the issue and would have no comment.

Westover said he was not planning to file another lawsuit.

“I’m not suing the town,” he said. “I’m just asking for help.”

Mayor Carl Suraci told Westover that township officials will review the situation and will respond to him.

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