Judge paves way for gun shop to open in Somerville
SOMERVILLE – A Superior Court judge has dismissed a legal effort to keep a gun shop from opening at the corner of Gaston and Union avenues not far from Van Derveer School.
Judge Kevin Shanahan dismissed the lawsuit seeking to stop High Caliber Ordnance from opening in the strip mall between Primo Pizza and Hairitage Hair Lounge.
Borough residents Megan Andrews and Caroline Flamos, who represented themselves in the litigation, filed the suit in January against the borough, High Caliber Ordnance and Viamare LLC, owner of the strip mall, claiming the gun shop will reduce property values in the neighborhood and that many parents will choose to withdraw their children from Van Derveer School because of concerns about their physical safety and psychological health.
The gun shop had become one of the most controversial issues in Somerville in recent years with residents attending meetings of the Borough Council, Planning Board and Board of Education to express opposition to the shop.
However, the borough's zoning ordinance does not exclude gun shops from opening in that zone. Because it is a permitted use, High Caliber Ordnance did not have to receive approval from the Borough Council, Zoning Board of Adjustment or Planning Board to locate in the strip mall.
The borough issued a continuing certificate of occupancy for the gun shop on Dec. 21. After being issued a $2 million liability policy, the shop is waiting for final state approval to open.
In a brief to the court, Viamare argued that provisions of the federal Gun Free Zone Act do not apply because the strip mall is private property and not part of school grounds.
At a January Borough Council meeting, Mayor Brian Gallagher said the borough cannot stop the gun shop from opening because a "sporting goods" store, under which the shop is classified, is allowed in the zone.
"We can't change that now," he said.
More: Somerville's southside renaissance may continue with developer's latest proposal
The Planning Board has indicated it will undertake a full review of zoning in Somerville.
But residents, when they learned the gun shop was opening, were unhappy when they learned nothing could be done.
"I was shocked to learn that we had zoning laws that allowed firearms stores so close to our elementary school," Flamos said at a Council meeting.
Flamos said that Piscataway has been "more pro-active" in its zoning and does not allow a gun shop within a mile of a school.
"We need to look at our zoning laws," she said.
The nearest gun shop to Somerville is Lou's Classic Firearms in Raritan Borough on Somerset Street opposite QuickChek and Liquor Saver.
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: Somerville NJ gun shop can open, judge rules
