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M-SO Message Board » 2004 Attic » Soapbox » Archive through April 1, 2004 » Bed and Breakfast Settlement? « Previous Next »

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Archive through February 23, 2004ajcOthello&Elvis20 2-23-04  3:48 pm
Archive through February 24, 2004Brettajc20 2-24-04  9:28 am
Archive through February 27, 2004marianajc20 2-27-04  4:19 pm
Archive through February 29, 2004Cookbook_rickShock & Awe Straw20 2-29-04  12:02 am
Archive through March 2, 2004just me fromsouthoraajc20 3-2-04  1:58 am
Archive through March 2, 2004Shock & Awe StrawSoOrLady20 3-2-04  7:21 pm
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just me fromsouthorange
Citizen
Username: Jmfromsorange

Post Number: 126
Registered: 7-2003
Posted on Tuesday, March 2, 2004 - 8:15 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

i'm a little confused. art, maybe you can clear something up for me. how long have you actually been using your home for a bed and breakfast? i thought for sure i can remember driving by as far back as the early 70's seeing the house. if i'm correct, it's the big one set way back with a fence like structure in front, right?

next, when did neighbors actually start complaining? where they people who have lived there all along, or did they move in after you started your great service to the community?

i can't believe the things some people complain about.
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kevin
Citizen
Username: Kevin

Post Number: 214
Registered: 2-2002
Posted on Tuesday, March 2, 2004 - 8:55 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

What I don't quite understand is this:

How did the property become zoned as commercial in a residential zone and when?

Regardless of how or when it happened, doesn't commercial zoning allow for business (commercial) use regardless of where it is located?

On top of that, I don't understand the whole non-conforming use issue. What variances are needed?

I fully support a B&B in town, but I don't know enough about town zoning and ordinances to make a judgement about Art's situation. I know that there have been multiple threads in the past, but I haven't read any until this one.

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anon
Citizen
Username: Anon

Post Number: 1019
Registered: 6-2002
Posted on Tuesday, March 2, 2004 - 9:48 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Art, It is my understanding that some of the members of the Board of Adjustment who originally voted in favor of your position are still on the Board. Why did they vote the way they did this time? Did they explain themselves?



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ajc
Citizen
Username: Ajc

Post Number: 2527
Registered: 9-2001
Posted on Wednesday, March 3, 2004 - 2:40 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Anon and Kevin, et al

I really don't have all the right answers to your questions. However, I would be intersted to know if anyone finds out...

As for why they voted the way they did, it could be they felt there was to much to deal with in the way of changes requested by the neighbor's at such a late hour?

Maybe they were influenced by Vic and Jerry, the two former Mayor's, who BTW misguided the Board with their bad information they offered. What a shame they still can't give up their controlling ways...

Personally, I don't know yet how much it matters at this point, plus I really need to keep looking forward now.
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Michael Keane
Citizen
Username: Innisowen

Post Number: 1
Registered: 3-2004
Posted on Sunday, March 7, 2004 - 10:51 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Oh gosh--- lots of palaver about the unanimous decision of the Zoning Board not to settle the B&B dispute along the lines of the proposed settlement document put forth last Monday evening.

I'll be a contrarian and say that the board's decision was a wise one: the document was incomplete, poorly written, and ill thought out. It would, in addition, have created unfortunate precedents for Maplewood if the board had caved in to pressure out of fear of a potential lawsuit. That's not what democratic process is about.

However, the key issue is that the settlement document was so poorly written and flawed that no fair resolution of the dispute between Les Saisons and its neighbors could result from it. In my humble opinion.

Whoever drafted the document needs lessons in writing, civics, and the law.
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ajc
Citizen
Username: Ajc

Post Number: 2547
Registered: 9-2001
Posted on Monday, March 8, 2004 - 1:54 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Dear Michael Keane,

Oh my, oh gosh, oh golly, such folly. You really are being contrary, aren’t you?

Reading you commentary, not to settle the B&B dispute along the lines proposed, would lead some of us to think you have some professional experience in these matters. Or better yet, that you are accomplished enough to offer a more equitable settlement.

What is a wise decision Michael? Please... tell us what a fair, and well thought out decision might look like.

You say a settlement would create unfortunate precedents for Maplewood if the board had caved in to the pressure and fear of a potential lawsuit. What might those unfortunate precedents be? The fact is the settlement offer was about trying to resolve an existing lawsuit.

Furthermore, this IS what the democratic process is all about.


FWIW, in my humble opinion, I feel you’re the one who could use some lessons in writing, civic responsibility, and how the law tries to encourage resolving neighbor’s disputes through negotiated settlements.

I hope by now that most fair-minded residents in this community are aware of the likes of people like you, and of the neighbor’s involved in this dispute, who have no intention of making peace or ever settling this matter.

Hey, thus far it’s been a couple of years of hands on involvement by town officials. Plus there has been untold thousands of dollars of our tax dollars, not to mention the creation of a lot of bad-will between neighbors throughout the community, because of their involvement.

IMO, this is bad-will that should never have been made into a political issue by the township committee, as it so clearly has.


Listen, right from the very beginning this has been a personal matter that a few neighbors decided to make a federal case out of, and refused to even try to work anything out. In addition, these same neighbors have had legal representation throughout the process.

The irony of all this hubbub is that last week two of my neighbors, who stood before the Board of Adjustment against me, still continue to operate an illegal dog service business in their home. This is while the rest of their neighbors around them support their illegal activities, and other residents throughout our community continue to board their dogs with them. And still the biggest insult of all is that the town officials continue to turn a blind eye by refusing to stop them. Go figure...

Clearly in the background of this spectacle is the question, why did this have to take place in the first place? Why did the township committee find it so compelling to reverse their own code enforcement official’s legal written decision, a decision that years earlier had authorized the B&B to operate legally? Why did they withdraw my authorization to operate on a technical mistake they made, and then aggressively litigate, and take the side of one residents word against another? Talk about the use of political power and making decisions outside the court room, this takes the cake…

And finally, also based on what the Board of Adjustment, two former Mayors, and a mixed bag of neighbors and other spirited protesters, all declare was another technical error, an error on the part of the Board, (not an error I made) still find it so important to continue to fight on to the bitter end? Does anyone want to talk about politics, talk about hate, talk about personal issues, and talk about the use of political power to stick it to someone?

Does anyone get it? The town makes errors both years before and years after on the issue of my legal property right to operate a B&B, then state in the majority decision last week that the town would get a bad reputation if they settled based on a technicality! Two technical mistakes they made, not me...

Well, it looks like we’ll just have to keep spending more of Maplewood's time and money to see how it all turns out in the end.

I guess Mr Keane, that living in South Orange, it really doesn't cost you anything to voice your honest opinion... BTW, do you or some of your friends own dogs?
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mem
Citizen
Username: Mem

Post Number: 2828
Registered: 5-2001


Posted on Monday, March 8, 2004 - 2:15 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Ajc,
Can you tell us more about this illegal dog business?
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ajc
Citizen
Username: Ajc

Post Number: 2549
Registered: 9-2001
Posted on Monday, March 8, 2004 - 3:44 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Mem,

Sure, I'll tell you, why not? I thought it was pretty wide known that two of my harshest critics own and operate a dog boarding business from their home at 7 Fleming Terrace here in Maplewood. You know, one of the best places to live in America.

In addition, at least two more of their corporation representing these neighbor’s are animal activists, and also active with the JAC. Listen, I love animals, always have, plus I still own a dog. However, I don’t believe dogs should be boarded in residential neighborhoods, at least not in residential neighborhoods looking to operate a bed and breakfast.

Personally, I believe running a dog boarding business in any residentially zoned neighborhood destroys the quality of life. And, if we decide we must board dogs in town, then it should only be on Springfield Avenue in our business district!!!

Look, who’s kidding who here? All my neighbor’s know, the township committee knows, the zoning officials all know, the police department knows, untold numbers of local residents who board their pets there all know. For way over ten years they have operated an Essex County Registered business named Pet Watch.

Last week their attorney at the hearing against the B&B demanded that my business records along with the names and addresses of all my customers be made available for their continual perusal; as did the township committee, and the Board of Adjustment in previous appearances before them. When I requested the same consideration regarding my neighbors records, and list of their customers they ignored me. It was the same story about income taxes, sales tax, you name it, strictly a one sided deal, and I’m finally tired of it, damn it!

People who live in glass houses shouldn’t throw stones…FWIW, this whole deal about the disruption a B&B causes in a neighborhood stinks. It stinks as bad as the crap all these pets leave behind when they walk them through our so-called residential neighborhoods, and to add insult to injury, lets not forget about the smell of crap I have to endure in my own back yard as well. Talk about where all the rats are coming from, you should see them running around their backyard.

I guess some people in this town care more about taking care of people's pets, than taking care of people's guests?
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mem
Citizen
Username: Mem

Post Number: 2832
Registered: 5-2001


Posted on Monday, March 8, 2004 - 3:52 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Ajc,
Do the animals make a lot of noise? About how many animals do they board? How dare them do this to you then! Art -do you mind telling me what street this is on?
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shestheone
Citizen
Username: Shestheone

Post Number: 51
Registered: 5-2003
Posted on Monday, March 8, 2004 - 4:27 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

ajc,

do all those dogs bark a lot? make a lot of noise? maybe you should call and complain.
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Tom Reingold
Citizen
Username: Noglider

Post Number: 2334
Registered: 1-2003


Posted on Monday, March 8, 2004 - 4:54 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Wouldn't that escalate the whole problem? Instead, can you point out that you're twice as tolerant of problems as you're asking them to be?
Tom Reingold the prissy-pants
There is nothing

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ajc
Citizen
Username: Ajc

Post Number: 2550
Registered: 9-2001
Posted on Monday, March 8, 2004 - 5:07 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Yes, there has been a lot of noise. Listen, I don't know if the rate has gone up from $40. a day, but from what was as many as 18 dogs at a time, you can figure they damn sure made a lot of noise, and other stuff as well.

Lately, I've noticed they are only walking up to 4 or 5 dogs at a time. I don't know why, but I guess they suspect I might be getting mad at them or something. Hasn't anyone seen them in the past, it looked like some kind of circus performance?

Hey, how could you be upset? They are all just so cute, all 72 little feet walking up and down Elmwood Avenue...

However, trying to be fair about this, I must admit that after dark the noises from the dogs is not as loud as all the neighbor’s radio's, or lawn mowers and leaf blowers.

BTW, the business I believe is still called Pet Watch, and is located at 7 Fleming Terrace here in Maplewood.

I'm not sure if it's listed in the phone book, but you can try checking in the Yellow Pages under Bed & Bone...
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Tom Reingold
Citizen
Username: Noglider

Post Number: 2335
Registered: 1-2003


Posted on Monday, March 8, 2004 - 5:13 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

What upsets you more, the disturbances they create, or the fact that they're trying to keep you from operating your business? Either answer is fine, and it might guide you to your next step.
Tom Reingold the prissy-pants
There is nothing

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Carl Thompson
Citizen
Username: Topcat

Post Number: 48
Registered: 4-2003


Posted on Monday, March 8, 2004 - 5:14 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Illegal Dog Business? Does that mean illegal dogs?

dog

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ajc
Citizen
Username: Ajc

Post Number: 2551
Registered: 9-2001
Posted on Monday, March 8, 2004 - 5:51 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

I really don’t see any point of complaining! No one really listens anyway, and if they do, what can they do about it? Nothing!

As for escalating the whole problem, how much worst can it get for me? They’re doing all they can to put me out of business, destroy my reputation, and run me out of town, and out of money.

Believe me, I’m a hundred times more tolerant of problems than anyone I know. But, even I have a limit to what I can put up with. As I figure now, what more can they do that they haven’t already done? This is now strictly a legal battle, and I don't believe any Judges hang out here on MOL...


Listen, it’s not the dogs, we all have dogs, and I love them as much as the next guy. It’s not the noise; we all have to put up with a certain amount of noise. So what it has finally come down to for me is, when there was this recent chance to work out a settlement, and reach a place where we all would be able to get on with our lives, these SOB’s came at me all the harder. Screw em…

As I’ve said earlier, I’ve had it! The neighbor’s, the two former Mayor’s, the people who sided with them, all deserve everything I can dish out to them and more.

I’m not trying to run a popularity contest here in town, and I’m not looking for a fight, but anyone who knows me, knows I won’t run from one either...
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Shock & Awe Straw
Citizen
Username: Strawberry

Post Number: 2149
Registered: 10-2001


Posted on Monday, March 8, 2004 - 8:13 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

If these scum neighbors have the nerve to rant and rave about a beautiful bed and breakfast that only enhances maplewood's charm, while running some unlicensed business out of their home, then all I have to say is: Art kick these jack asses hard, very hard.

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tom
Citizen
Username: Tom

Post Number: 2167
Registered: 5-2001


Posted on Monday, March 8, 2004 - 10:24 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Stop the presses, I agree with straw. Go get 'em, Art.

BTW, has anyone ever seen a town with B&Bs that was not desirable?
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Marilyn May
Citizen
Username: Marilynmay

Post Number: 225
Registered: 7-2002
Posted on Monday, March 8, 2004 - 11:59 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Are these illegal dogs attending Columbia High School? Are they riding the Jitney? Are they getting courtesy busing? Are they registered to vote? Are they registered domocrats? Are they using more than 25% of the area of any floor of the dog house? Hey Art, when can I come over for HOT DOGS?
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Just Me Deb G
Citizen
Username: Deborahg

Post Number: 802
Registered: 5-2001
Posted on Tuesday, March 9, 2004 - 3:18 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Ajc,
FWIW I hear from a neighbor who has used the "dog ladies" that they are no longer taking customers because they plan to move out of town and are readying their house to go on the market.
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lumpynose
Citizen
Username: Lumpyhead

Post Number: 780
Registered: 3-2002


Posted on Tuesday, March 9, 2004 - 10:22 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Deborahg- did you move out of town?
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ajc
Citizen
Username: Ajc

Post Number: 2553
Registered: 9-2001
Posted on Tuesday, March 9, 2004 - 10:33 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

... from your lips to Gods ears!

One down and two too go…The truth is they may not be taking any new customers, but what about all the old ones, who I’m sure still depend on them to care for their pets over all these years.

Hey, I’m sure they do an excellent job caring for the animals in their charge, and I wish them well wherever they go. But until then, let me say this about that, there’s nothing wrong with my six senses.

I still can see, hear, and smell, the dogs, and if I ever got my hands on that little yapper who barked for hours the other day, I would have invited Marilyn May over for some tasty HOT DOGS...

Listen, my sixth sense still tells me that until I finally see the SOLD sign in front of their house, and they’re safely back in New Hampshire where they came from, I better keep looking over my shoulder...
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mem
Citizen
Username: Mem

Post Number: 2835
Registered: 5-2001


Posted on Tuesday, March 9, 2004 - 11:36 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Art,
What was the reason for these neighbors to get so hostile towards you in the first place?
I remember being at a quiet party at your place, and these "neighbors" next door to you were running a leaf blower and a weed wacker the whole time, even after it was dark. When I walked over to it check out, the guy was leaf blowing the air, and the woman was weed wacking the pavement. They both looked completely mad, nasty and freakazoid. I can't imagine what miserable lives they lead to waste day after day trying to torment you. So, what the heck happened to make these people so insanely damaged? Did you spike their pancakes?
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Just Me Deb G
Citizen
Username: Deborahg

Post Number: 805
Registered: 5-2001
Posted on Tuesday, March 9, 2004 - 11:46 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

hey lumpy,
no, we are moving in May -- to South Orange. Couldn't give up our friends on MOL!

Seriously, we love this community and have no plans to leave.
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lumpynose
Citizen
Username: Lumpyhead

Post Number: 785
Registered: 3-2002


Posted on Tuesday, March 9, 2004 - 11:55 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Oh. I remember you posting about other towns comparable to M/SO and then I saw the classifieds about selling items due to moving. That's good!
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ajc
Citizen
Username: Ajc

Post Number: 2554
Registered: 9-2001
Posted on Tuesday, March 9, 2004 - 1:44 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Mem,

I guess it would depend on who you speak with...

My story is a friend of mind was standing in front of my home a few years ago when these two women, my neighbor's Gail and Nancy walked by with about a dozen or so dogs.

They asked my friend where my dog Sheba was because they hadn't seen her for a while. When he told them I had resently put her to sleep, they went "Bonkers", started yelling and swearing. They threatened to get me, said nothing was wrong with my dog, and that I did it only because the animal was getting in the way of my bed and breakfast business.

When my friend told me what happened, I thought little or nothing of it at the time. I figured they would get over the shock of it and move on. WRONG!!! Well, after that day the shi* hit the fan. The complaints started coming in left and right. It's never been the same since...

Using the B&B as a reason never made sense to me. The activity was never that much to make a difference in anyones quality of life. There were never more than four inside or outside events a year.

My wife has another story about the other two neighbor's, but it's truthfully not worth repeating here. What ever the problem was, they were never willing to talk about it or work it out. It's a shame, but this is life!
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mem
Citizen
Username: Mem

Post Number: 2839
Registered: 5-2001


Posted on Tuesday, March 9, 2004 - 2:01 pm:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

They sound like wackos to me. It gives me the willies when I try to figure out why Vic and Jerry are siding with two kooks running an illegal dog service, and why they want to shut down Maplewood's only beautiful and historic B & B.
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ajc
Citizen
Username: Ajc

Post Number: 2555
Registered: 9-2001
Posted on Wednesday, March 10, 2004 - 2:45 am:   Edit PostDelete PostPrint Post   Move Post (Moderator/Admin Only)

Mem, there once was an old Maplewood saying, "Show me your Kooks, and I'll show you who you are!"

Please allow me to explain how I see this Vic and Jerry deal. This is what happens when we prejudge something based on only one side of a story.

Sometimes after both sides tell their story, and even after presenting their evidence, it's very difficult to decide which side is telling the truth. This is why we have judges and juries to make these decisions for us.

From the very beginning this entire matter regarding the bed and breakfast was just about the power; it’s just that simple.

Several years ago, when I first learned about what the township committee and my neighbor’s were up to, I learned that Vic, Jerry, Roger and some others on the committee had listened to a story about me and the B&B from a few of my neighbor’s. They saw some evidence, did a little dance, and then all decided together they would become the judge and the jury. They all decided they were going to take the B&B and me down!!!

Prior to this time, they never let me know or ever asked me to come in and talk with all of them about the charges against me. They never made any open effort to settle the problem between my neighbors and myself. Instead, as I found out later, they met in secret and made a plan with these same neighbors to wait for the next time I had an event at my home and raid it.

The dirty little deal was they would break up the party, chase everybody out, issue a summons, and arrest anyone who resisted. The problem was after the police were called, they found that the party had nothing to do with the B&B; it was in fact just a personal get together for the Maplewood Republican County Committee.

Former Mayor Robert Grasmere was actually introducing the candidates when the police arrived. Just prior to that was when the Mayor, Mem, and others witnessed the neighbors at the fence with their lawn mowers and leaf blowers making fools of them by trying to disrupt the meeting. As I’ve said before, from that point on it has all been down hill.

IMHO, Vic and Jerry have always believed that because they ran the town they were above the law. What I mean by that is, they really and truly believed because they made laws, they were the law. This is why they pushed the envelope then, and this is why even after they are out of office they still continue to fight any attempt to settle this matter now, or in the future.

Let me give an example of what I’m talking about. I’ll let all of you decide if you think they’re only speaking out against the settlement for the good of our town, or if they are just plain arrogant, obnoxious, and self-serving scalawags.

At the recent Board of Adjustment hearing they wanted everyone to believe they were only exercising their civic duty to save Maplewood. During their term of service on the township committee, they tried every trick in the book to close me down, it now appears nothing has really changed.

First, prior to it ever being before the Board, they demanded I make an application for a Certificate of Non-conforming use. When I refused, because I believed I already had the legal right to operate, they decided to overturn their own zoning officials written decision that authorized my legal prior non-conforming use.

After I agreed to what I thought was a good faith agreement to go before the Board, they turned around and took legal actions against me in Municipal Court, and soon after that in the Superior Court of Equity. Both times the town lost, and both times the town was told this matter needed to be heard by the Board of Adjustment. When the Board finally got to hear the matter, they continued to interfere with the process. The end result was I overturned the Board of Adjustment decision against me based on their interference.

They have repeatedly attacked me on every front. They are obsessed about winning, about making me wrong, just so they can look good. Through this whole process they haven’t used any of their time and money, only Maplewood’s time and money.

Finally, these last few examples take the cake. In Jerry’s e-mail letter to the Board and to most of the town officials, in which he again instructs the Board of Adjustment to turn down the settlement, he states, “It (the Board) should NOT allow courts and litigation to dictate zoning.” Jerry, there is no higher authority than the courts, furthermore, had they settled, the courts wouldn’t need to do it for them...

Jerry goes on to state, “Allow the case to proceed as it should: ultimately, as a hearing on a use variance.” Jerry, applying for a use variance is completely different than applying for a certificate of non-conforming use. It’s as different as applying for a mortgage on a house vs. a loan on a car. The requirements, the rules, and even the voting is completely different. It’s different in every way.

And finally, he states, “Do not allow anyone but the proper legal authority to decide use variance issues in Maplewood. That authority is you.” What Jerry was saying to the Board was, do as I say, not as I do!

Meanwhile in Vic’s drawn out, in person appeal to the Board to turn down the settlement, one of his points was that this shouldn’t be settled on the basis of a technical error. Well, the interesting thing is there have been two technical errors made. One in the beginning of this, and now one at the end, but neither were mine! The town screwed up both times and now they think I should give them a third bite of the apple. No way, Jose…

The township is arguing that this matter should be sent back to the Board of Adjustment for what they promise will now, for the first time, be a fair hearing.

Trust me, the matter of my non-conforming use, which is now back before the Appellate Court, will never come back to the Board in this town again.

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