The Coaster

By DON STINE

In a surprise and almost unprecedented move the Neptune Township Committee voted in emergency session this week to legally challenge a recent decision by the townships own Board of Adjustment concerning the demolition of an historic house on Old Corlies Avenue.

The committee passed a resolution authorizing Township Attorney Gene Anthony to immediately seek an injunction to prevent the demolition of a 160-year-old house at 1019 Old Corlies Ave. to make way for a carwash/lubrication facility which would have access off Route 33.

The Township Committee can bring (some action) against the zoning board on the basis it believes the board overstepped its boundaries and brought substantial changes to the character of the zoning, Anthony said, citing previous case law.

If the Township Committee feels there is a problem with the (zoning) board decision then it can seek temporary constraints against the board until the merits are discussed (in court), Anthony said.

Anthony said such actions are uncommon and that there is no guarantee the township will win its case. Normally local governing bodies are not allowed to interfere with decisions made by the local zoning board.

There is a very narrow (legal) window here and this sort of case is rare, Anthony said.

Personally I think we have to move forward. (The car wash) will change the character of the area, said Mayor James Manning Jr.

The committees decision comes on the heels of a protest by residents living in the Old Corlies Avenue area concerning the zoning boards decision.

The decision, which was approved July 18 and memorialized last week, allows the applicant & site developer, Felix Bruselovsky, to raze the historic home and build the car wash.

Residents subsequently formed the Old Corlies Avenue Preservation Association (OCAPA) to fight the boards decision. The association has actively voiced their concerns to the Township Committee and circulated a petition against the car wash which has received more than 300 signatures.

A demolition permit was issued to Bruselovsky earlier this week but Board of Adjustment Attorney Monica Kowalski said at the emergency meeting that the developer said he will not demolish the house until the issue has been resolved by the courts.

Bruselovsky had until Oct. 1 to demolish the old house.

He said he will be patient and wait until this is legally resolved, Kowalski said.

OCAPA has retained its own attorney to litigate the zoning boards decision and Anthony said it is imperative for the objectors to bring a separate law suit as well in possibly overturning the boards ruling.

OCAPA has also requested the Township Committee help obtain state-designated historic status for the Old Corlies Avenue area to help preserve historic buildings there.

The area contains some of the oldest homes and businesses in the township, including the DeWitt Shafto house which dates to 1790. The car wash/lubrication facility would be located right next to the DeWitt Shafto house and residents say it would ruin the character of the historic neighborhood forever.

OCAPA hopes the house slated to be razed will be saved and used as a museum and educational center.

Michael Golub, an OCAPA organizer, said that while his group is appreciative of the Township Committees actions it is not the end-all to the problem.

We need to also focus on the fact that some of the Old Corlies Avenue area needs to be examined for historic preservation. Historic homes need protection from demolition and the area needs some guidance under an historic preservation ordinance, he said.

(The Township Committees decision) is a good initial step but I think we have to keep this movement going and be mindful that their action was reactive and not proactive and we will continue to pursue our own litigation, he said.

Melissa Pyle, also an OCAPA organizer, said her group is now over a major hurdle with the Township Committees action.

Its the beginning of township officials and residents working together and it shows tremendous strides. Its not finger pointing but people trying to make a real difference for the community. Its recognition of whats really important: a sense of place, home and community, she said.

Pyle said her organization will still proceed with its legal battle to overturn the Board of Adjustment decision.

Its just good to have this support, she said.

This entry was posted on Thursday, September 27, 2007 at 11:33 am and is filed under Neptune. You can follow any responses to this entry through the RSS 2.0 feed. You can skip to the end and leave a response. Pinging is currently not allowed.