Owner Claims Business Strained by Complying With Borough Ordinance

Diana Boyd saw her neighbors putting too many items into the garbage and decided to do something about it.

“In my town, so much stuff was being thrown out after garage sales,” Boyd said. “I saw stuff lying in the rain, good quality things. We want to use these items for resale and give them a new life.”

Boyd opened up in Butler, which exemplifies how one man’s trash is another man’s treasure, at 103 Arch Street in April. In it, she sells high quality rescued furniture, household items, clothing and collectibles and donates many items to those in need.

But despite her outreach to help the community, Boyd has lost business recently and may have to move out of Butler. Boyd feels that the best way to attract patrons to her store is through the use of temporary signs, but the ordinance restricts the use of temporary signs to businesses that have only recently opened and does not permit existing businesses to place temporary signs on borough property.

Boyd feels that if the ordinance is not changed, her business cannot survive.

“Our purpose is to redistribute to the ones in need,” she said. “To qualify, people go through an interview process. I have made myself known through the Rotary, Tri-Boro Chamber of Commerce, local businesses, banks and churches, like the First Reformed Church and Saint Anthony’s.”

The Pequannock resident has marketed herself to local associations as much as she can, she said, but in order to reach a younger audience, she said she must be able to advertise as if her business were an average garage sale.

Garage Sale Treasures helped local hurricane and flood victims in particular over the past few months. Because of the costs of running the business, Boyd's staff consists mostly of volunteers and in addition to working five days a week, Boyd and her volunteers spend nights and weekends organizing merchandise, loading vans and making deliveries. She filed for nonprofit status and just got approved by the state of New Jersey. Her federal 501(c)(3) application will come through in a few months.

“I had no idea I was going to be spending Saturday and Sunday nights sorting,” Boyd said. “I didn’t think it was going to be this much work."

Boyd said she was putting out temporary signs on weekends and got lots of traffic for the first few months, but then it stopped.

“We had an open house in April with the mayor,” said Boyd. “Shortly after, we started putting signs up directing people to our shop. We had no problem until I put one on the street at the end of

On Aug. 2, Boyd received an email from Borough Clerk Mary O’Keefe saying that complaints were received regarding her signs placed on Route 23 and at the building. 

The email quoted a section of the borough code: “No sign or advertising structure shall be erected which directs attention to a business, commodity, service, or entertainment conducted, sold or offered elsewhere than on the premise.”

Boyd admitted that two of her signs were placed on borough property, but she thought temporary signs were generally allowed, since she said she sees realtors’ open house signs frequently in the borough.

“I am also a realtor," said Boyd, ”And I know that I can put signs out. If we’re putting them out on Friday and picking them up Monday, they are temporary and the reason we put them out is because no one knows Arch Street. In today’s economy, we’re dead in the water without signs. Signs brought in revenue. After Irene, signs brought in victims." 

Boyd attended the Aug. 16 borough council meeting to address the email and to ask the council if anything can be done to promote the street where her business is located. In her opinion, not many people are familiar with the street, which could also be a reason her business has not done well.

“I asked the council how, as a new business in town, we could help each other, because the ordinance seems antiquated. Let’s make it a win-win situation," she said.

She was referred to the Butler Land Use Board for a variance. Boyd was later told a variance costs approximately $375, plus a $500 escrow deposit, with no guarantee. 

Boyd said she does not plan to apply for the variance because she cannot afford the application costs. 

"Right now, forget it," she said. "I don’t have that kind of money. It’s either pay the variance or pay for some advertising."

"I was a local drop off for Hurricane Irene, donations and pickup," she said. “I took on a Butler employee who was unemployed. I had to let him go. I’m not only speaking for myself. Other businesses have the same issue."

"I’m giving a profit back to the town and I want permission," Boyd said.

At this time, if things don’t change, Boyd said she will be forced to move out of Butler.

Her landlord, John Sedlacek, said he would like to see a positive outcome on both sides. 

"Obviously we need to comply with the code, and in this economic downturn, we like to help new businesses," Sedlacek said. "I love the [indoor garage sale] concept. I want to see her be successful. There’s no question about that. She has the passion and the drive. The amount of her traffic dropped off considerably after she had to comply."

"On the town side, the ordinance is there for a reason," he said. "The reality is, they have called it out as an issue and it does not comply with current code. The town has been clear on their position that she has to follow the process. If change is to take place, they need to address it holistically."

Sedlacek said that while he would like Boyd's business to stay in his building, he understands the borough's need for compliance.

"We have to work with the town. I’m hoping she can hold on long enough to make this work," he said.

Butler Mayor Robert Alviene said any changes in the ordinance would have to benefit everyone.

"We always entertain people’s requests if they have merit," said Alviene. "Nobody is anti-business in this town, but we have to do what’s fair for everybody. [Boyd] was putting signs on public property, in the park and by the which is prohibited. She was using a comparison to real estate — temporary signs. The comparison is a little bit unfair." 

When asked if the borough would recommend other ways to help struggling businesses, Alviene said that it could happen with the Land Use Board.

Jim Sloan, who volunteers helping Boyd at the shop, said the issue comes down to common sense.

“The whole issue of the signage in Butler is so full of contradictions. It is selective enforcement," Sloan said. "In a clear-cut financial crisis, when Main Street America is not doing well, that the spirit of the signage law is being selectively enforced does not make sense to me. Common sense has to come in."