https://blogfinger.net/2018/11/07/omg-theres-a-dumpster-at-the-aurora/
Our most recent post about the Hotel Aurora was in November, 2018. the link is above.
As you may recall, the current owner of that historic single family home received a use variance in July, 2018, from the Zoning Board of Adjustment in Neptune to convert the building into 4 single-family homes under one roof separated by fire walls.
There were problems with this approval:
a. The site plan does not satisfy the law regarding the amount of square feet of land needed for 4 homes on that Aurora lot.
b. Land use law (RSIS) requires at least 2 off-street parking spots per home (8 total,) and that is not possible, even if they tear down the garage (which has already been done.)
c. Evidently the next step was to obtain approval from the Historic Preservation Commission regarding the exterior of the project. We have no information about that evaluation.
d. What we do know is that the project is on hold because of “litigation.” The suit was brought in August, 2018 at the Superior court of New Jersey, Law Division, Monmouth County. The defendants are Old Forge Builders at Ocean Grove and the Zoning Board of Adjustment of the Township of Neptune.
The Plaintiff is Kevin N. Chambers, a full time resident of Ocean Grove.
The property is officially known as Block 107, Lot 8 on the official tax map of Neptune Twp—aka either 6 Atlantic Avenue or 5 Surf Avenue.
Here are some details of First Count of the suit—these are excerpts, arbitrarily chosen by Blogfinger, which are not meant to be seen as consisting of the entire First Count. There are 4 counts.
a. The property is in the HD-R1 zone (Historic District), and multiple residences are not a permitted use.
b. The Zoning Board granted the variance on July 18, 2018. The first count of the suit says that no evidence was presented that would justify granting that use variance “without substantial detriment to the public good.”
c. Neptune Township failed to acquire relief from state parking regulations (RSIS,) so the off street parking requirements are still in play but were ignored by the Township.
d. The Aurora lot is 4,670 square feet in area. This is not enough for the 4 units permitted by the Township.
e. The Board of Adjustment’s award of a use variance in this case, “is in fact a usurpation of the specific powers of zoning which are granted only to the Township Committee and to the State Legislature. “
g. The Plaintiff was “denied a complete and fair hearing. His Civil Rights have been violated.”
h. The suit asks that “an order be entered enjoining the Defendants from obtaining any development permits proceed with the development of the subject property.”
Currently no work is being done, but the developer has already done considerable demolition inside, as judged by the number of dumpsters coming and going, as reported by neighbors.
The trial will occur on April 18, 2019. 10 am. Monmouth Superior Court.
Since we are not lawyers interpreting the suit document, we welcome comments of lawyers and other knowledgeable readers.