Posts Tagged ‘Law suit over 50 Main Avenue rebuilding’

#50 Main Avenue.   July 10, 2016. Blogfinger photo ©

#50 Main Avenue. July 10, 2016. Blogfinger photo ©  Click for details.

As reported before on Blogfinger, Ocean Grover Kevin Chambers sued the Township and the developer over what he called illegal zoning in the rebuilding of #50 Main Avenue, a retail/residential building.  The judge did not agree with Kevin’s arguments in the case.  That doesn’t mean that Kevin was wrong.  We  expect to hear from him with a formal statement. Meanwhile, there is the possibility of an appeal.

If you visit the site, you will be impressed with the setback which seems to leave a relatively narrow passageway between the building and the curb.  But the developer has defended that setback as being consistent with what existed before, and the project did obtain approvals from the Township.


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February 5, 2015 fire on Main Avenue in Ocean Grove, NJ destroys a building at #50 Main Ave. TV News Report

February 5, 2015 fire on Main Avenue in Ocean Grove, NJ destroys a building at #50 Main Ave. CBS TV News Report

One year ago a rapidly progressive fire destroyed #50 Main Avenue and took with it some apartments and a few stores including Yvonne’s Restaurant, Smuggler’s Cove and Fusion. There was also some adjacent damage that ruined  the coffee shop, The Barbaric Bean.

The plan was to rebuild by next summer, but things have slowed considerably. The foundation seems to be close to completion, but a shadow has been cast over the plans due to a law suit which challenges the project on a number of grounds including illegal density, violations of  the State RSIS parking regulations, violations of the Federal Disability Act  (including not providing handicapped parking)  and a number of zoning complaints. With regard to the latter, if you look at the current foundation, it seems to extend beyond the legal setback, up to the sidewalk.

Another issue includes allegations that the lawyer for the Neptune Township Board of Adjustment illegally  stopped the  meeting in mid-stream for an intermission, allowing time for potential collusion.

The preliminary hearing will take place at Monmouth County Superior Court on February 24, 2016.  The defendant is Kurt Cavano, the property’s owner, together with the Neptune Township Board of Adjustment.  The plaintiff is Kevin Chambers of Ocean Grove, NJ.

If you want to attend you might have to call ahead to see if the hearing is open to the public.

Here is a link to the BF article from last October regarding this topic.   If you go to that link you will find some additional new comments.



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