We all know about the empty lot next to the Jersey Shore Arts Center. But we don’t know much about it. Recently we heard that Herb Herbst said that it might become a parking lot (uttered by Herb at a Community Leaders meeting recently.) But then someone recently showed us 3 single lots that are for sale on the internet—-somehow subdivided by legerdemain. The lots are advertised on line as being for single family homes. Jack Green is the realtor company while someone named Gannon is the realtor handling this listing.
In the recent past, the lot has served as a place to dump construction waste. Mostly it looks like a fine site in downtown Aleppo. We’ve had a couple of comments about it, so it is time to distinguish it by its own Blogfinger space which you are now looking at.
Let’s start with these comments that were posted when we first mentioned the topic on Wassup?
Oct 16, from Kevin Chambers:
Two previous statements have raised a very serious question here, when and how were these three nonconforming lots created out of the single tax exempt public dedicated lot on Lawrence Ave? Though most of the lots in OG are pre-existing through leases from the OGCMA, the Township must have a definition for a single family conforming lot and these lots do not and can not meet that requirement or definition.
So how and when were they created? When did the Planning Board create these nonconforming lots? And how did the Planning Board give approval in violation of RSIS State requirements without the requirement of parking when more than enough land existed to permit parking for these newly created lots?
Oct 18, from Jack Bredin:
Kevin, most of the lots in Ocean Grove are 30×60 foot lots, subdivided in 1879, and are legally conforming lots.
The lots that you are referring to on Lawrence Avenue are illegal subdivisions of land.
You ask, ‘ How does this happen?’
I believe this happens because the OGCMA is now and has been since 1879 a “silent partner” in the Neptune Township government.
Neptune Township and the OGCMA certainly have a “joint venture” in development going on at the North End.
Oct. 19 , from Kevin Chambers:
In response to Mr. Bredin,
In fact, an OGCMA 30×60 1800 sq. ft. lot, under New Jersey’s Municipal Land Use Law, “MLUL” is not and can not be a legally conforming lot. It can only be a pre-existing nonconforming lot.When the State Legislature established RSIS, it required every community in NJ to rewrite its zoning laws to establish parking requirements within its definitions for a conforming lot. Any and all pre-existing lots in the State of NJ that were not capable of providing parking, no matter what zone they were in, were automatically made non-conforming. This included all the 30×60 1800 sq. ft. lots in Ocean Grove. One reason for this is that it is illegal to “LAND LOCK” any piece of land in NJ.
What has been happening at the Board of Adjustment and in the Courts, is that, the Township has been arguing the legality of the 30×60 1800 sq. ft. lot, using the OGCMA lot as a legal lot established by Neptune, when in fact Neptune cannot by law use 1800 sq. ft. for its definition of a legal conforming lot since it can not provide off street parking.
Neptune, as required by law, established a legal minimum lot size for Neptune, this is 5,000 sq. ft., but instead of Neptune and its Boards using its correct 5,000 sq. ft. definition for a conforming lot, Neptune, its Boards and its Planner have segregated the OG development out of Neptune’s legal zoning in order to foster and perpetuate the OGCMA non-conforming lots and uses. This violates RSIS and the MLUL and the very reason for our increasing parking problems.
Neptune violates the law not to protect the Historic District. It violates the law to create more units in OG to bring in more taxes for the rest of Neptune at the peril of OG residents.
Neptune is required by law to use its legal 5,000 sq. ft. definition, which would limit density, and improper uses within OG. Instead, Neptune has permitted the OGCMA to dictate what uses and what lot sizes Neptune should use when it comes to the development of OG. This violates the MLUL. Neptune, by law, must use a legal conforming lot size definition for its zoning equally throughout Neptune. Anything less circumvents the legal requirements demanded by the MLUL and is therefore a very serious violation of law.
This is what Neptune’s Parking Committee and the OGHOA’s Attorney will never report.
Editor’s note: Excuse me while I enroll in law school. Is there any OG lawyer who will ignore the town’s “silent treatment” and say something useful here? There are two lawyers, at least, on the HOA Board, but of course, that auspicious body of Groaners doesn’t say a word about Land Use controversies here on Blogfinger. —-PG
Maybe they will turn the lot into a summer camp for Grover kids.