The gardens in Ocean Grove are still showing color even though most of the leaves have fallen from the trees. Many shrubs in towns are now resplendent with berries and autumn leaves of reds, yellows, purples and gold. A multi-color display prevailed in a lush garden hugging the sidewalk and shown above on Main Avenue near New Jersey Avenue.
While we chatted with the gardener, a squirrel scurried over via a low tree branch. The creature practically came nose to nose with her, as if they were partners in experiencing the lingering display of colors.
Inside our house, buds were forming on Eileen’s Christmas cactus which has the promise of deep pink flowers very soon.
In our April, 2015 article about the Planning Board’s 2007 decision to recommend designating the North End property as an “area in need of redevelopment,” we mentioned some concerns about the validity of that ruling which would lead to the change in zoning that permitted condos, hotel, underground garage, etc. ( link to that important article:
Since then we have come up with some more information that sheds further doubt on the legality of the resolution.
We ask the question: Did the Planning Board have all the information necessary to make an informed decision when they recommended by resolution, Feb. 28, 2007, that the Township Committee designate the North End “an area in need of redevelopment?”
We believe that critical information was withheld from the Planning Board which may have changed their 2007 decision. Our new evidence suggests that the designation of “area in need of redevelopment ” should never have been recommended.
TIMELINE:
On February 1, 2006, WAVE applied to the New Jersey Secretary of State as an LLC (limited liability company). We believe that the sole purpose of forming that LLC was to develop the North End of Ocean Grove. This application, per se, is beyond reproach, but, and this is a big but, were visions of sugar plums dancing in their heads? Were they planning then on zoning changes at the North End? If so, that would be a problem.
Consider this quote: “In January 2007, Wesley Atlantic Village Enterprises (WAVE) and the Ocean Grove Camp Meeting Association executed a Developers Agreement which set forth the terms by which WAVE and the OGCMA had agreed to proceed with WAVE’s proposal for the development of the site. Among other things, that Developers Agreement provided that WAVE and the OGCMA would serve as Co-redevelopers of the Subject Property.” This information was with-held from the Planning Board.
The 2007 quote above is from a recent Memorandum of Understanding signed by WAVE and the OGCMA. It clearly shows that those two developers were planning in January 2007 to go ahead with WAVE’s North End Development Plan before the Planning Board ever took its vote and before the Township Committee adopted the NERP on March 24, 2008.
Note that they refer to themselves as “co-redevelopers.” That term can only mean that they were counting on receiving the special designation “area in need of redevelopment.”
On February 28, 2007, the Neptune Township Planning Board passed a resolution (07-12) recommending that the Township designate the North End “an area in need of redevelopment.”
On June 11, 2007, the Neptune Township Committee passed a resolution designating the North End “an area in need of redevelopment,”
On June 9, 2008, the Township Committee designated WAVE and the OGCMA as Co-Redevelopers.
On April 28, 2015, The OGCMA (the owner of Block (1) agreed to transfer control of Block (1) to WAVE by way of a 99 year master lease renewable in perpetuity.
ANALYSIS:
According to the New Jersey Local Redevelopment and Housing Law, in the section defining “Determination of Need for Redevelopment,” there is a statement** (see below) that this special designation be made only if the area ” is not likely to be developed through the instrumentality of private capital. ” **
The timeline above clearly shows that the WAVE and OGCMA partnership had discussed and created plans for the North End development. Clearly they were ready, willing and able to take on that project and they were counting on the special designation.
So why did the Planning Board think that private developers could not do the job? If they had known that those private developers could do the project, they should not have approved the designation, but they did not have that information.
It is our belief that the CMA/WAVE partnership did not want anyone to know of their redevelopment plans in order to obtain the special designation which legally should not have been granted to them under NJ law. **
Unfortunately, there was no effective court challenge to the Planning Board/Township decision, and now the NERP is law under the special designation that they should never have been granted.
Who should have challenged the Township Committee’s Resolution designating the North End “an area in need of redevelopment?” The Home Owners Association, of course, but they were busy cheerleading for the Township Committee, who were “in the tank” with the yet to be named developers.
This history suggests a purposeful distortion of the legislative intent.
The Township Committee should rescind the “Redevelopment designation.” The high density zoning for Block (1) would then automatically revert back to single-family houses. The Committee can do that because there is no signed Re-developers Agreement.
After that, the developer would have the option to prepare site plans for single family homes or they could present their present plan to the Board of Adjustment.
This would correct all the mis-steps of the past, and the entire process would not have to start over again with WAVE’S new proposed plan.
** Determination of need for redevelopment (40A:12A-5). New Jersey Local Redevelopment and Housing Law.
“Land that is owned by the municipality, the county, a local housing authority, redevelopment agency or redevelopment entity, or unimproved vacant land that has remained so for a period of ten years prior to adoption of the resolution, and that by reason of its location, remoteness, lack of means of access to developed sections or portions of the municipality, or topography, or nature of the soil, is not likely to be developed through the instrumentality of private capital.”
Crew sets up for commercial. Firemen’s Park in Ocean Grove.July 16, 2o15. Blogfinger.net photo Click for details.
They started to arrive around 8:30 am, unloading equipment from a truck. Within a short time a number of trucks arrived along with about 30 people including directors, cameramen, lighting, hair and makeup, shleppers, gofers, actors and actresses. Their purpose was to make a commercial for the New Jersey Lottery. The crew set up at the east end of the park, while the filming aimed towards the northwest. On arrival, a food truck was present to offer them breakfast.
They filmed one segment over and over. A young woman in a dark blue dress and heels stood on the sidewalk and waited for her cue. A production guy hid behind a car with a walky- talky. When the director said “action,” the woman started walking, and a couple started jogging around the bell. The woman in blue was just to add interest. The main action was running around the bell in shorts and T shirts.
Over and over again. I hope they don’t find me in the commercial. Blogfinger.net photo.
Meanwhile Grovers were wandering into the park, walking dogs and cutting through to Main. The crew waited patiently until the locals went by. When the scene went well, the crew started to applaud. They were lucky with the weather and the light. It was one our best weather days so far this summer.
I spoke to the woman in blue in the foreground and kidded her, “Are you the star of the show?” She laughed and said, “No–far from it.” I asked her how many times they would shoot that scene, and she said, “One more take and we are done.” I said, “Break a leg.” She laughed as I got out of the way. They did two more takes and they were done.
It wasn’t exactly a scene from “Stardust Memories,” but everyone who walked by thought it was exciting.
After a couple of hours it was over, and the crew packed up and left the park exactly as they found it.
Slide show can be viewed by clicking on any image and then following the arrows.
UNITED STATES MARINE BAND with John Phillip Sousa’s “Stars and Stripes Forever”—America’s March by an act of Congress. Turn on music before viewing photos:
