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Posts Tagged ‘RSIS application in Ocean Grove’

A look to the future. Paul Goldfinger ©

A look to the future. Paul Goldfinger ©

There are a lot of moving parts to Ocean Grove’s parking problems.

I believe the number one problem starts with the Neptune Township Committee.

The process of site-plan approval is guided by both the local zoning ordinance and the State off- street parking requirements.

When local standards are inconsistent with State Standards, then the State Standards supersede the local ones.

The local Planning Board and Zoning Board of Adjustment can grant a variance from the zoning ordinance, but there is no approving authority in the Township that can grant a “waiver” from the off-street parking requirements until the Township applies for and the State grants approval of a “Special Standard.”

However, when the Township is reviewing a site plan application for Ocean Grove, it is the Township’s policy to usurp State Authority and circumvent the State’s off-street parking requirements (that the State has exclusive authority over) and grant an approval with no off-street parking.

As a result of this practice, with few exceptions, all site-plan approvals in Ocean Grove over the past 18 ears, were granted in violation of State law.

Kevin Chambers has been telling us that for years, and it is not just his opinion—-it is a fact!

When developing a standard 50×100 foot lot, the State off-street parking standard, requiring two (2) off-street parking spaces for a detached single family house, is reasonable because the State standard was designed using the 50’x100’ lot format.

Ocean Grove cannot be re-subdivided into 50 x 100 foot lots, and so the strict application of the State off-street parking regulations would cause practical difficulties in developing any 30 x 60 foot lot in the Historic District.

Because the 30 x 60 foot lot size is 2 ½ times smaller than a 50 x 100 foot lot, there is simply not enough room to include off-street parking into a site-plan without destroying Ocean Grove’s historic character.

We are the only town in New Jersey like this, and so we qualify for a State waiver for detached single-family houses with no parking.

Last year the Township filed an application for an exception from the State off-street parking standards.

So what’s the problem?

The problem is that Ocean Grove is zoned single-family, and the waiver the Township requested is not only for detached single family houses, it is for all new residential multi-family development, foreseeing variance approvals for condominiums.

If approved it would open the floodgates to condo development; that would destroy the Historic District.

The threat to our historic designation comes from an increasing real estate demand for a “condo by the ocean, for vacation.”

Make no mistake about it.   The primary reason for the Township’s application was to permit condo development throughout Ocean Grove, and not just for the big guy, but also for the little guy.

As an example: If you own a two family house like I do, you can form a condominium association and, like magic, your two family house becomes two (2) attached single-family houses (aka condominiums) which are worth a lot more money than your former 2-family house. That also applies to 3,4,5 family and up. The only problem for this agenda is that you now need two (2) off-street parking spaces per unit, and the Township cannot grant you a waiver or a variance.

Although the Township had reasons for a single-family waiver, they had no reason to ask for a multi-family waiver.   And so, at the Township’s request, the Town Planner manufactured the reasons, after doing a parking study of Ocean Grove.

In support of a multi-family waiver the planner determined: We have plenty of available parking spaces, and the residents also have the option of parking in Asbury Park or Bradley Beach and then walking home.

This is nonsense, and if it were such a great benefit to Ocean Grove, then why did the Town Planner call the State Advisory Board last December and request that the application be withdrawn?

The Committee has been silent on why, or who instructed the Planner to withdraw the application, and has given no indication if or when they will reapply.

But they must reapply. They can’t keep breaking the law. And when they do reapply, we should insist that we still need that parking exemption for SINGLE FAMILY HOUSES ONLY, and not for multifamily buildings that are inconsistent with the Master Plan and with Historic Preservation.

I am offering a motion for your consideration that the OGHOA would support the single family application. The HOA should be pro-active and get ahead of the curve.

The motion is: “The OGHOA is in favor of the Neptune Township Committee re-filing an application for a waiver from the State RSIS parking standard for detached single-family houses only.”

 

Editor’s note:   Jack Bredin’s motion was seconded, but the group voted to table the motion.  —-PG

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By Paul Goldfinger, Editor @Blogfinger

In a series of articles on Blogfinger we have reviewed the lawless behavior of Neptune Township in failing to obey the existing RSIS parking standards which would discourage more condo development without parking.  (Just do a search above under “RSIS” or “Condominiums.”)

The Township had been trying to obtain an exemption (ie a “special area parking standard”) for Ocean Grove for some time, but as recently as December 2015, their application was denied by the State Residential Site Improvement Advisory Board  (SIAB.)

Some of us Grovers were present in Trenton to hear the Committee Chair tell the Township Administrator Vito Gadaletta that the application was denied “without prejudice” and that if the Township wants to reapply it would “have  to start the application process anew.”   (this quote is from the State Dept. of Consumer Affairs.)

At Blogfinger we have been watching for Neptune to appear on the agenda at the SIAB, but their meetings have been cancelled in January and February.  Now we have learned from the DCA that Neptune Township has not so far reapplied.

If you are a cynic, you might roll your eyes and think, “Fuhgetaboutit—Neptune will just do business as usual and continue to ignore the law even as it approves more condominiums and places like Mary’s.”

Would the new members of the Township Committee be willing to be a party to such blatant disdain for the people of Ocean Grove and the laws of our State?

STEVE EARLE AND THE PRESERVATION HALL JAZZ BAND     –playing the theme song of the Neptune Township Committee:

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On December 24, 2015, we said:

“Note that part of the process which has to be followed includes public meetings.    When the Township Committee schedules those meetings, we plan to be there and we will encourage a large number of you to join us.  Last time around, the Township announced the application and quickly swept the subject under the rug so that no one could oppose their plans.  For some reason, the SIAB let that pass then; but not next time. We emphasized that point in Trenton on Dec. 17 when some of us got to speak to the Board chairman and others.

“At last night’s Committee meeting, Jack Bredin of Ocean Grove requested that when the public hearings are held, that they be held in Ocean Grove.”

When we were in Trenton, we spoke to the SIAB chairman about our desire to attend public hearings in Neptune regarding this matter because, for some reason, there were none prior to the application last time around. We assumed that there would be a special session in Neptune for all of us to discuss the matter with the Neptune Committee.  But, not so fast!

After digging into the matter further, we learned that all Neptune needs to do is place the resolution on the agenda and then they can slip it by without anyone being the wiser.  That is why they had no hearings last time—technically, that agenda item was a “hearing”—a call for comments, and there were none.

And the reason they can get away with such subterfuge is that the State does not require a public meeting in Neptune prior to the eventual SIAB public hearing in Trenton.

When Jack stood up at the Committee meeting last week and asked that the RSIS public meeting be held in Ocean Grove, no one told him that there would be no special meeting in Neptune.  Jack spoke to Committeeman Brantley about it later, and Brantley said it was a good idea, but evidently he meant to have the entire committee meeting in the Grove.

So, when it comes to local government, we should all keep our eyes and ears open because the lack of transparency continues.  Do not assume anything!

We need to watch for an agenda item to appear announcing a resolution to submit an RSIS application once again.  And once we know that, we should go there in force and everyone who attends should go to the microphone  (you get 5 minutes) and tell them that you oppose a special RSIS parking standard for all of Ocean Grove except for single family houses.

When we hear of that scheduled meeting, we will post it on Blogfinger.  Save our town from condomaniacs!  (Anyone want to make a banner to hold up that night?)

Can you tell us how to sweep the clouds away and how to get to where the air is clean?

 

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Seeking the truth on Blogfinger. Paul Goldfinger photo. 2014. © Ft. Myers, Fla.

Seeking the truth on Blogfinger. Paul Goldfinger photo. 2014. © Ft. Myers, Fla.

By Paul Goldfinger, Editor @Blogfinger

Our recent articles about the Neptune Township application  for a Special Area Parking Standard  (ie an exemption for all of Ocean Grove from the current RSIS regulations) indicate that the Township’s application on December 17 was dismissed “without prejudice,” and the Township was told that they had to start the process anew.

We don’t know exactly why Neptune Township failed to show up that day, except for their stating that their attorney couldn’t make the meeting at the last minute. It was the planner who was supposed to make the presentation, but she wasn’t there.    The SIAB refers to what happened as Neptune Township “withdrew the application.”

We were told by a resident of Ocean Grove that she was informed on December 16th  that the Dec. 17 meeting was to be cancelled and that the SIAB would hear the application again on Jan. 13.  Her information was wrong and she never revealed  her source even though we asked for it.

The  truth is that there is no way that the process can be completed again in January, and no SIAB meetings with Neptune Twp. are scheduled in January.

Even if the Township were to submit another completed application, the Board would have to publish it in the New Jersey Register and announce a date when the streets and parking committee will meet.  This cannot happen until at least 15 days after the publication date.

Township officials may go to Trenton to meet informally with the Board. Working meetings might occur, usually regarding a general strategy about what is required to complete an application.  But there are no  working meetings currently scheduled in Trenton with the Township.

In fact, per Mr. John Lago of the Dept. of Community Affairs, “The staff has not heard anything from local officials since they withdrew the application.”

Note that part of the process which has to be followed includes public meetings.    When the Township Committee schedules those meetings, we plan to be there and we will encourage a large number of you to join us.  Last time around, the Township announced the application and quickly swept the subject under the rug so that no one could oppose their plans.  For some reason, the SIAB let that pass then; but not next time. We emphasized that point in Trenton on Dec. 17 when some of us got to speak to the Board chairman and others.

At last night’s Committee meeting, Jack Bredin of Ocean Grove requested that when the public hearings are held, that they be held in Ocean Grove.

ACADEMY OF ST.-MARTIN-IN-THE FIELDS (London)   Canon in D  by Johann Pachelbel.

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Editor’s Note  (2015) : Kevin Chambers is a long time Ocean Grover who has brought suit against Neptune Township regarding  condominium projects  in town.

Kevin has never, in the past, commented on Blogfinger, but he decided to join the discussion in 2011.

–This article was originally posted on BF in January 2011, but it is as relevant now as it was then.   I think this 2011 post pretty much explains Kevin’s views in 2015, but perhaps we  will  hear from Kevin again now if he wants to bring us up to date with his views on zoning and parking in Ocean Grove.

—Note the interesting comments section from 2011 which can be added to now.

———Paul  Goldfinger . Editor  @Blogfinger

August 2012. Kevin Chambers, and OG histsorian, testifies at the HPC demolition hearing re: Whitfield Hotel on Surf Avenue.  Paul Goldfinger photo ©

August 2013. Kevin Chambers, an OG historian, testifies at the HPC demolition hearing re: Whitfield Hotel on Surf Avenue. Paul Goldfinger photo ©

From Kevin Chambers of Ocean Grove:

The following is to address RSIS and parking in Ocean Grove:

In 1997 the State of New Jersey created the New Jersey Site Improvement Advisory Board that established “Residential Site Improvement Standards” (RSIS). RSIS is a part of the Municipal Land Use Law (MLUL) that governs all zoning in the state of New Jersey. Every town in the state, including Neptune, was mandated to amend its zoning to conform to RSIS.

Neptune, when amending its Land Development Ordinance in 2000, violated the MLUL and RSIS when it created the Historic District Oceanfront (HD-0) zone.
The Historic District of Ocean Grove, a section of Neptune, is the only development in the entire state, in which the township that governs it refuses to enforce RSIS.

The state wrote three letters informing Neptune that it is required by law to enforce RSIS. Neptune, seeking a way to circumvent the law, created an ordinance that prohibits driveways and curb cuts for Ocean Grove. Believing that the new ordinance gave Neptune the right to ignore RSIS, the Township continued permitting the conversion of unauthorized nonconforming apartments and hotels into condominiums without providing parking.
The Township, still in violation of RSIS, was then forced into seeking a waiver known as the “Special Area Standard” designation from the State. Neptune believed that the designation would permit the Board of Adjustment to continue its abuse of granting improper high density development within Ocean Grove, which in turn has lead to more car congestion on the streets.
The RSIS Board explained to Neptune’s representatives, that if Neptune enforced RSIS within Ocean Grove that it would prohibit improper high density uses that would in turn lessen the density of cars on the streets.

If Neptune acted responsibly and brought its zoning for Ocean Grove into conformity with the MLUL it then wouldn’t need to seek the designation from the state. The enforcement of RSIS would break the vicious cycle of permitting greater density in Ocean Grove at the expense and the detriment to Ocean Grove residents.
Even though all the committee members of the RSIS Board were well aware of Ocean Grove’s problems having visited Ocean Grove, the RSIS Board was forced to deny Neptune the “Special Area Standard” designation since Neptune’s zoning for Ocean Grove was and is in violation of the MLUL.

Even more troubling, Neptune was in violation of the “Open Public Meeting Act” when it sought the designation. Neptune is now required to hold open public meetings in which to provide a legitimate parking study in order to establish a need to seek a waiver from the state. Neptune must also bring Ocean Grove’s zoning into compliance with the MLUL before reappearing before the RSIS Board.

Solving Ocean Grove’s high density and over crowding of the streets doesn’t take “brainpower or innovation;”   it only takes following the law, the very law that every Committee member in the state is sworn to uphold.

To this very day, the Township continues to be in violation of the MLUL and continues to refuse to enforce RSIS. Both were created and designed for the protection of every resident of the state, including the residents of Ocean Grove. Every resident of Ocean Grove should be leery of any township committee person who hinders or who refuses to demand their enforcement.

Kevin Chambers

Editor’s credit:  Top photo was taken at the Historical Society of Ocean Grove Museum.   Blogfinger photo

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