Zoning craziness in Ocean Grove. Will the judge overrule the lawful decision of Neptune Township? Which way will it go? Paul Goldfinger photo © Blogfinger.net
By Paul Goldfinger, Editor @Blogfinger
On December 8, Blogfinger posted an article (below this one) about the law suit in State Superior Court being brought by the Warrington owner against Neptune Township. The case is about owner Jack Ancona’s wanting to get his pre-fire approvals reinstated so that he can go ahead and build a boutique hotel at a location that is not a street, along the banks of Wesley Lake. Originally he was given permission to remodel a derelict boarding house at that site (aka 22 Lake Avenue.)
Here is a link to a Blogfinger post about this project, written in 2016, before the fire:
Warrington remodeling plans 2016 BF post.
But the zoning laws are clear: His prior approvals (Zoning Board and HPC) are nullified, and he needs to build single family houses on that site. A hotel is not a permitted use in that zone. And, nothing can be built when it is not on a street.
The APP article added nothing much except for a good joke when the author said that the prior approvals “went up in smoke with the spring fire.” He also pointed out that the construction permit request was denied on March 6, 2017, three days after the fire.
The APP tried to get an interview with Ancona’s lawyer, but mum’s the word at Ansell, Gretel and Grimm (oops, I mean Ansell ,Grimm and Aaron PC.) They also quoted the Neptune lawyer Gene Anthony who”said he believed the fire changed the application.”
Here is a bit of historical perspective. On March 14,2011, Blogfinger reported on the plan to build condominiums on the site of the burned out Surf Avenue Hotel.
This is from that Charles Layton article:
The new owner of the Surf Avenue hotel, which burned on Friday, remains legally free to pursue his plan to build condominiums on the site, says Bernard Haney, Neptune’s land use administrator.
That’s because the zoning variance for condos had already been granted before the fire took place, Haney said in an interview. He said the Zoning Board of Adjustment had granted the variance and the Superior Court and Appellate Division had both upheld that decision. Furthermore, he said, the deadline for an appeal to the New Jersey Supreme Court has expired, which means the Zoning Board’s decision is final.
So Bernie Haney’s name keeps coming up—a source of suspicious zoning nonsense (remember Mary’s Place?).
And while we are on the subject of historical perspective, remember when the Manchester Inn burned down while the owner was trying to get condo approvals? He didn’t have those approvals at the time of the fire, so he had to opt for single family Victorian homes. Like them or not, at least we didn’t get more condos on the Ocean Pathway.
The quote of the day, found in the APP article, is from Barbara Burns, the president of the Home Groaners Ass. She said, “As a general rule we feel the zoning codes should be enforced unless there’s a really compelling reason otherwise.”
But here’s the rub, the OGHOA has been a supporter of the landmark zoning changes in the NERP where a single family house zone was changed into a commercial mess. I guess they thought that they had a really compelling reason to do that. Of course, Ms. Burns took office long after that, but she has had plenty of time to change the Groaners’ position about the NERP.
From the soundtrack of Sex and the City. It describes the state of zoning in Ocean Grove:
I am guessing the CMA would be willing to sell their rights if history is any indication.
Thanks Jack. Click on link below to see the original use of Lake Avenue—just as it is today, except for the concrete sidewalk.
Paul @Blogfinger
https://blogfinger.net/2017/11/07/nothings-gonna-change-my-world-wesley-lake-over-100-years-ago/
Joe: Lake “Avenue” is not a street, a road, or an “avenue.” It is a privately owned 4.2 acre lot (block 101, lot 2) and is reserved as a walkway.
It is owned by the Ocean Grove Camp Meeting Association.
Who owns Lake Ave?
A Blogfinger citizen reporter tells that Jack Ancona is a principal in a firm called Flatiron which is a developer in NYC. Recently it was reported that they are engaged in a $30 million project for a condo building in Brooklyn. They also have built a boutique hotel in Manhattan. Jack Ancona lists an Ocean Grove address at 22 Lake Avenue, the Warrington site, but it seems that his roots are in New York.
Also, the law firm of Ansell, Grimm and Aaron are New Jersey based. They say that their attorneys are “super-lawyers.” Jennifer Krimko, a familiar name in Neptune Township, is a member of that firm.
Here’s an interesting item from the APP article: “The Monmouth County Prosecutor’s Office referred questions about the investigation to the federal Bureau of Alcohol Tobacco and Firearms, which did not respond to a request for comment.”
So the Feds are in charge of the criminal arson investigation, but why has it been 10 months without a conclusion?
And how can the Warrington owner proceed with any construction work if there is still an active investigation of that fire?
The apartment was granted as an accessory use for the hotel. Once the main use is destroyed, the accessory use is no longer permitted. An accessory may not by law exist without the main permitted use.
The Warrington did not have a license and therefore was not a hotel as stated by the Board of Adjustment Attorney.
The structure was not on a street as stated by the Attorney.
The zoning that permits a hotel in a single family zone as the HDO zone permits is in violation of law.
The use and the apartment were both granted in violation of RSIS requirements and in violation of Federal ADA requirements.
For the Attorney for the Township to lose this case in court will require major corruption on his part and on the part of the judge.
Kevin Chambers