45 Broadway, Ocean Grove. Paul Goldfinger photo. 2/12/24. Click to enlarge.
APP photo from the early morning fire at 45 Broadway, Feb. 6, 2020. It started on the third floor.
Guest editorial. Blogfinger.net. Ocean Grove, NJ. Feb. 12, 2024.
By Kevin Chambers, Ocean Grove citizen and land use expert.
There is a serious situation at 45 Broadway where this building is being rebuilt without a legal permit and without seeking the required variances. And it is dangerous for workers to be at the site of that building where a placard on the door states that the structure is unsafe.
Failing to seek a certification establishing the legal use of the building means the zoning office has violated the rights of every Ocean Grove resident, and that is violating the law.
The fact that the attorney of the Board of Adjustment lives around the corner and has turned a blind eye is even more serious.
I contacted the attorney to let her know that there isn’t a legal permit posted. The placard on the door says that is a dangerous building, and that no one is permitted in the building.
I asked her to provide me the date of the variance application, and if there is none, then a Stop Work Order should be posted.
What is going on here is a total disregard for our parking problems by permitting a developer to rebuild units that aren’t permitted in the zoning, creating a greater parking concern.
Kevin Chambers
February 12, 2024
Ocean Grove, New Jersey
JOHN WILLIAMS. From the movie The Fabelmans. Soundtrack
“Reverie”
Blogfinger does not accept links unless the link is secondary to a personal contribution by a BF reader.
If this anonymous commenter wants to write his opinion accompanied by a secondary link, then we would re-consider, especially if the commenter tells us his name. Thank you. Editor’s note. 3/3/24
One other thing. The Township planner re-examined the Master Plan and submitted a fee.
She failed to recognize the zoning abuses since the Master Plan calls for single family house zoning only.
Paul
This has been happening lately. As an example, 100 Main Ave has two illegal apartments on a lot that restricts the use to one unit. The owner put up an illegal fire escape for two of the units. The owner was required to seek a certification of the two units first or seek a use variance for the two units.
It went to the HPC instead of the Board of Adjustment. The HPC had no legal right to approve the fire escape before the board of Adjustment ruled it legal.
The HPC approved the fire escapes, and the zoning official used that illegally as granting the variances.
This is what is going on now because the Board of Adjustment knows it has no legal right to grant variances for anything but single family uses since our lots are all undersized single family lots restricted by a lease hold for single family uses.
So Neptune is circumventing the law, violating our rights by permitting the HPC to make variance decisions instead of the Board of Adjustment.
This is in violation of law.
Paul
Just wanted to thank you for how important your blog is to the community and also the wonderful pictures you post. You’re doing a great job.
Kev.
Two guesses who the construction company is.
Neptune’s three attorneys are fully aware that the zoning official had no legal right to grant approval for the redevelopment of 45 Broadway.
The courts have been very clear on the subject and I have also informed Mr.Anthony at an open public meeting that when the zoning official comes across a nonconforming multifamily use in a single family zone it must be sent to the Board of Adjustment to establish either through a certification hearing or a use variance hearing what rights a developer has to density.
All three township attorneys know that the proceedings regarding 45 Broadway are illegal.
Not only is it illegal, but it discriminates against all like-minded lease holders by giving this lease holder a greater use while denying other like-minded leaseholds the same density. This is in direct violation of law through blatant discrimination by selective enforcement.
Another troubling issue is that Neptune is using the HPC board as a substitute for variance approvals that are restricted only to the Board of Adjustment.
This devious sidestepping of the legal process is done because Neptune realizes that their zoning for OG is in violation of both state and federal laws. In other words, every part of this development is tainted through corruption.
At one time, in 2005, this property was worth $754,638.00.
But after the fire, its value dropped to $305,800 in 2021. At that time it had 5 apartment units. The owner was an LLC in Asbury Park.
I am not an Ocean Grove citizen or land use expert. However, if one searches for Neptune Township documents online, one will find a 1 June 2022 application to the HPC for some exterior changes to 45 Broadway. The application mentions that it is a pre-existing non-conforming structure intended for 8 apartments.
On 15 April 2022, the plan was approved by the Zoning Department (#557297509). The HPC considered the case of this building on 9 August 2022.
This structure likely has a construction contract dated 1881 at Monmouth County. The lot was first acquired in 1880. The place appears as a 2.5 story dwelling on the 1890 Sanborn Insurance Map. It was enlarged to 3 floors by the 1905 map when it was called “The Lakeview.” It was subsequently expanded to the east.
The duties of our attorneys and experts are to follow state and federal laws and the rulings of the courts. Those rulings require that Neptune bring all buildings into conformity as quickly as possible. The lot is zoned single family with a lease from the OGCMA that restricts the use to single family.
After the fire which destroyed most of the building, several legal requirements were needed to take place.
A separate certification hearing was required to establish that the multiple units were legal. Then a use variance hearing was required for the apartments if the certification application failed, and then a hearing for the other variances was required.
After those hearings, if approved, a legal permit would be issued. No legal permits are posted on the building. The only legal posting is that the building is a danger and no one should be on the property.
If none of these hearings have taken place, then a Stop-work order must, by law, be placed on this building.
This then begs the question, where are the officials who are supposed to be upholding our laws and ordinances to protect Ocean Grove?
Where are the Home Owners Association and Neptune United?
Why aren’t they investigating this travesty?
Editor: This property was built in 1900 and has 4,545 square feet. It contains 5-8 apartment units.
In 2020 there was a fire there, and there was one death and some injuries. The fire began on the 3rd floor and was found to be non-suspicious.
Perhaps Kevin will provide more details.