Ask OT Council about spot zoning for 1 developer,1 lot, all 1st time use

NJ courts have found spot zoning illegal on the ground that it is incompatible with existing land use zoning  

image1

Don't be fooled, Deal Rd development NOT A DONE DEAL !

OCTOBER 28, 2019...
OCEAN TOWNSHIP'S PLANNING BOARD MEMORIALIZED THE RESOLUTION TO APPROVE THE DEAL RD/HWY 35 DEVELOPMENT,  ALLOWING DEVELOPERS TO CLEAR CUT 4,000 TREES, TO MAKE ROOM FOR A 24/7 GAS STATION WITH 12 PUMPS FOR GAS & DIESEL PLUS CONVENIENCE STORE, 114 ROOM EXTENDED STAY HOTEL, A FAST FOOD RESTAURANT, WITH DRIVE-THRU LANES, A BANK, MIXED USE RETAIL AND 70+ URBAN TOWNHOUSES WHICH WILL BE BUILT RIGHT NEXT TO AN URBAN JUG-HANDLE  WHICH WILL BRING HIGHWAY SPEED TRAFFIC, INCLUDING COMMERCIAL TRUCKS INTO THE CENTER OF THIS DEVELOPMENT. THERE WILL BE NO SIDEWALKS, OR SPEED BUMPS, OR PROPER PEDESTRIAN CROSSINGS.  THIS IS A GREAT SAFETY CONCERN FOR OCEAN TOWNSHIP RESIDENTS ON ALL LEVELS .

MY NAME IS JACQUI WENZEL AND I STARTED A CAMPAIGN TO RAISE AWARENESS TOWARD THE DRAMATIC ZONING CHANGES THAT WERE REQUIRED & APPROVED BY OCEAN TOWNSHIPS MAYOR & COUNCIL, SPECIFIC TO ONE DEVELOPERS NEEDS, WITH THE PASSING OF ORDINANCE #2303

TODAY WE ARE CHALLENGING THESE ZONING CHANGES IN AN APPEAL, WHICH WAS  ACCEPTED
BY THE APPELLATE DIVISION IN TRENTON, AWAITING A HEARING. 

IF WE WIN OUR APPEAL AGAINST THE ZONING CHANGES IN #2303,  WHICH WERE FORCED THROUGH THE APPROVAL PROCESS,  OCEAN TOWNSHIP'S MAYOR AND COUNCIL WILL HAVE TO RESUBMIT ZONING CHANGES MORE IN LINE WITH OCEAN TOWNSHIP'S MASTER PLAN.  

THE CURRENT ZONING CHANGES  TRANSFORMED 13 ACRES OF LOW IMPACT COMMERCIAL USEAGE ON RT.35 ONLY AND 40 SINGLE FAMILY HOMES ALONG DEAL ROAD, INTO HIGH DENSITY COMMERCIAL USE, WHICH IS SUBSTANTIALLY INCONSISTENT WITH OCEAN TOWNSHIPS MASTER PLAN.

THESE CHANGES THREATEN NEW JERSEY'S COASTAL WETLANDS AND NEIGHBORING HOMES ALONG POPLAR BROOK WITH STORM WATER RUNOFF.  AT THE OCTOBER 7TH MEETING, A MAJORITY OF THE PLANNING BOARD VOTED YES, WITHOUT TAKING INTO CONSIDERATION THE DETRIMENT THIS PROJECT WILL HAVE ON THE GENERAL WELFARE OF OUR COMMUNITY.

CONCERNING TRAFFIC SAFETY, THE PLANNING BOARD WAS NEVER SHOWN ACCIDENT REPORTS, SUPPLIED BY OCEAN TOWNSHIP'S POLICE DEPARTMENT, WHICH DOCUMENTS AN AVERAGE OF 3 CAR CRASHES A MONTH AT THE INTERSECTION OF DEAL RD & HWY 35. THEY WERE ALSO NOT PERMITTED TO VIEW IMPORTANT VIDEO FOOTAGE OF POPLAR BROOK.

WE HAVE 45 DAYS TO APPEAL THE PLANNING BOARDS VOTE,  BEGINNING OCTOBER 28, 2019-ENDING DECEMBER 11TH 2019 

IT IS MY CONCERN AND THE CONCERN OF MY NEIGHBORS, THAT WE DO ALL WE CAN TO PRESERVE THE HISTORIC SITE, WHICH WAS FOUND ELIGIBLE FOR LISTING IN OUR NATIONAL REGISTRY OF HISTORIC PLACES AND IS ONE OF ONLY TWO LEFT IN MONMOUTH COUNTY, WITH THIS LEVEL OF HISTORIC SIGNIFICANCE. 

A MAJORITY OF OUR TOWN'S RESIDENTS VOTED 2/1 TO APPROVE AN OPEN SPACE TAX TO PROTECT WHAT LIMITED FOREST WE HAVE LEFT.  TOWNSHIP RESIDENTS  WOULD LIKE OCEAN TOWNSHIP TO UTILIZE THAT TAX, COMBINED WITH FUNDING OFFERED BY MONMOUTH CONSERVATION FOUNDATION, AND OTHER GREEN ACRES ORGANIZATIONS TO PRESERVE THE HISTORIC NATIVE  AMERICAN SITE, THE WETLAND FOREST AND THE WILDLIFE INSIDE,  FOR GENERATIONS TO COME.

 WE ARE GRATEFUL FOR ANY LEVEL OF SUPPORT YOU CAN CONTRIBUTE TO HELP IN OUR APPEAL AGAINST THE PLANNING BOARDS DECISION TO APPROVE THIS HIGH DENSITY COMMERCIAL DEVELOPMENT.


ALL DONATIONS COLLECTED BY THIS POST ARE DEPOSITED INTO THE SAVE32ACRES BANK ACCOUNT c/o Jacquelyn Wenzel. CHECKS WRITTEN FROM THIS ACCOUNT HAVE GONE 100% TOWARD LEGAL REPRESENTATION, COURT FILING FEES, A TREE EXPERT TO EVALUATE THE CONDITION OF THE TREES, POSTCARD MEETING ANNOUNCEMENTS & LAWN SIGNS TO RAISE AWARENESS.

Close the deal

With the joined effort of all who oppose this oversized development, I believe we can protect this land for generations to come

image2
MISSION TO SAVE HISTORIC WOODLAND

SAVE32ACRES.ORG

WE ALREADY HAVE A SERIOUS FLOOD SITUATION IN OAKHURST TODAY

image3

VERY IMPORTANT TO NOTE THE FOLLOWING:

  • WE must show up as a community.  
  • WE must engage the press. 
  • WE must make known our family's concerns about safety, specifically when walking or biking to Little League, the Library, our Family Center or JOE PALAIA PARK !!!

image4

DO YOU KNOW THAT THE PROPOSED DEVELOPMENT IS NOT SUBSTANTIALLY CONSISTENT WITH OCEAN TOWNSHIPS MASTER PLAN!!!!

OCEAN TOWNSHIP'S MAYOR & COUNCIL HAD TO APPROVE & ADOPT ALL ZONING CHANGES IN ORDINANCE #2303, in order to CUSTOMIZE THE LAND USE of the UNDEVELOPED 

32 acres of the Historic Native American farmland, to meet the needs of the proposed developer's plans.....

WHY DID THEY DO THAT????

image5

GREEN ACRES FUNDING IS AVAILABLE TO EXPAND JOE PALAIA PARK.

WHY DIDN'T OUR MAYOR ACCEPT THE OFFER FROM MONMOUTH CONSERVATION FOUNDATION?  

WHY THESE REMAINING 32 ACRES ARE SO IMPORTANT TO OCEAN TOWNSHIP'S PRESERVATION INVENTORY...

HISTORY

image6

In  the 1930’s, Matilda Woolley, then in her seventies, provided  information as to the connection between the Woolley's and the original  Native American inhabitants. Mrs. Woolley was the daughter-in-law of  Edwin Woolley. In the late 1840’s, it was Edwin Woolley who discovered  the Indian cave dwelling which had been used by a pioneer property  owner. Matilda Woolley reported that the 1847 home(the current museum)  was built on original 1667 foundation stones. Those field foundation  stones remain to this day and is made of potential Native American  filler materials. That entire house foundational area and its three  wells should be examined and protected. Mrs. Woolley also refers to a  large, but lost, collection of Indian relics accumulated during Woolley  use of the property. She indicated that the Woolley's owned the property  during the time of the Indian occupation. She indicates that the  Indians were friendly and may have eaten with her ancestors. Obviously  this represents the earliest of European CONTACT experiences and vice  versa. Trading of materials was common. Besides an uncommon amount of  bog iron on the property, Matilda Woolley revealed that the tract  contains marl deposits. When those clay deposits were agitated for  fertilizer, numerous native American relics were recovered. The marl  also contained an abundance of Bone artifacts. She did not know what  kind of bones these were but they were likely dinosaur fossils(since  marl is a natural preservative), or of Native American origin. Matilda  was convinced that the small pioneer cave dwelling discovered by Edwin  Woolley was a common Native American sweat lodge. Very limited  archaeological study has been given to the large Woolley Tract. A large  L-shaped border of the property is under State review. Artifacts  recovered in the late 20th century are consistent with Matilda Woolley’s  assertions. The remaining undeveloped portion of the Woolley tract  should be thoroughly examined for information important to the history  of the Historic/Contact period, its relevance to the OT 170th  anniversary observance, and the property’s potential to yield  information important to paleontology. It’s pretty clear that the site  has importance on a local, state, and national level.

NOT A DONE DEAL...Question the spot zoning that took place.

SPOT ZONING In general, spot zoning is recognized as a legitimate exception to zoning. The business owner either seeks a permit to use his land differently than presently permitted under the local zoning law, or he requests that this zoning ordinance be changed for his intended activity. Therefore, he must get the approval of his local governmental agency before being granted the spot zoning exception. However, in some areas of the country, the courts have found spot zoning illegal on the ground that it is incompatible with existing land use zoning or with the overall community zoning plan. Whether the exception carved out is reasonable and supported by the particular facts often turns on public interest, the effect spot zoning has on the current uses of neighboring properties, and any ramifications created by the zoning.

NJDEP-32 acres Flood Hazard Permit %284%29 (3) (1) (pdf)

Download

URGENT CALL TO ACTION NOW

OCEAN TOWNSHIP experienced a reclassification recently from Suburban to Urban, due to our shrinking mature tree canopy. Today Ocean Township's mature tree canopy is below 38%. OT's Urban development, taken from a recent Rutger's study is noted here in RED.

image14

THE DEVELOPER IS PARAMOUNT REALITY SERVICES, INC. THE DEP CAN ISSUE THE PERMIT, NOT LATER THAN 90 DAYS FROM APPLICATION. IT IS NOW IMPERATIVE THAT THE RESIDENTS OF OCEAN TOWNSHIP & OTHERS CONCERNED ABOUT THIS DEVELOPMENT, LET THEIR CONCERNS BE KNOWN. 

YOU CAN DO THIS BY SENDING LETTERS TO THE THREE PEOPLE MENTIONED HERE, 1. DIANNE DOW, DIRECTOR OF DEP, 2. VINCE MAZZEI, MANAGER OF FLOOD & WATER CONCERNS, 3. CHING WAH LIANG, "THE PERSON WHO RECEIVED THE APPLICATION" MR. WAH LIANG SAID, THOSE WITHIN A CERTAIN PROXIMITY OF THE PROPERTY SHOULD HAVE BEEN INFORMED OF THIS ALREADY.  


MR. WAH LIANG WAS ALSO HELPFUL IN EXPLAINING WHAT AREAS THE DEP COVERS & HOW THOSE WHO OBJECT CAN PROCEED. WRITE TO ALL THREE DEP EMPLOYEES NOTED HERE BY POSTING YOUR LETTERS TO: 


THE STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION, 501 EAST STATE STREEET, 2ND FLOOR, TRENTON, NJ 08625


TIME SENSITIVE, PLEASE CALL SAVE32ACRES HEADQUARTERS 917.592 6397

FOLLOW UP WITH LETTERS TO ALL THREE NOTED HERE 


  • DIANE DOW, DIRECTOR 
  • VINCE MAZZEI, MANAGER OF FLOOD & WATER CONCERNS
  • CHING WAH LIANG, THE PERSON WHO RECIEVED THE APPLICATION 

SEND THE SAME LETTER TO ALL 3, KEEPING YOUR CONCERNS  FOCUSED SPECIFICALLY ON FLOODING & STORM WATER MANAGEMENT.  


THE STATE OF NEW JERSEY

DEPARTMENT OF ENVIRONMENTAL PROTECTION, 501 EAST STATE STREEET, 2ND FLOOR, TRENTON, NJ 08625

MAKE SURE TO CALL OCEAN TOWNSHIP'S MANAGER TO REPORT INCREASED STORM WATER FLOODING IN YOUR AREA, DUE TO THE CONTINUED LOSS OF OCEAN TOWNSHIPS MATURE TREE CANOPY

Join us @ Ocean Townships,  Townhall, to learn more, SEPTEMBER 13TH @ 7pm, 399 MONMOUTH RD, Oakhurst

Voice your concerns about the flooding risks of clear cutting 32 acres of wetland forest, and replacing that soil with impervious ground cover.
Question the councils approval of ordinance #2303,  which allows a toxic gas station to be developed in wetland territory, resulting in chemical runoff seeping into the wetlands , which drain into the Atlantic Ocean via Poplar Brook

THANK YOU FOR GENEROUS DONATIONS MADE & LAWN SIGNS DISPLAYED

image20

IT IS IMPORTANT TO KNOW....PARAMOUNT DEVELOPERS PROPOSED PLANS FOR 32 ACRES AT DEAL RD AND 35N IS NOT A DONE DEAL

MOST IMPORTANT, OCEAN TOWNSHIPS MASTER PLAN HAS NOT BEEN OFFICIALLY UPDATED SINCE 1990. GO TO BREAKING NEWS TO VIEW OCEAN TOWNSHIPS OFFICIAL MASTER PLAN, ALTHOUGH IT HAS HAD SEVERAL ZONING CHANGES, THE OFFICIAL MASTER PLAN IS AN IMPORTANT  DOCUMENT AND SHOULD BE RESPECTED. 


THE STATE OF NEW JERSEY REQUIRES A COMPLETE  REVIEW AND NEW DRAFT OF THE OFFICIAL MASTER PLAN EVERY TEN YEARS. 

THE PLANNING BOARD AND COUNCIL ARE MAKING SERIOUS REZONING DECISIONS, BASED ON A MASTER PLAN THAT IS 28 YEARS OLD. 


WE THE PEOPLE MUST STAND UNITED, to push back against the townships decision to slaughter what is left of our historic woodland, open space, habitat for wildlife, and wetlands.


SAVE 32 ACRES aims to raise awareness, within Monmouth County, and Nationally that recent zoning changes in Ocean Township NJ, including ordinance #2303, are not consistent with the Townships 1990 Master Plan. The latest zone change, in ordinance #2303 was specific, and necessary FOR THE DEVELOPERS in order to accommodate a super size WaWa gas station with convenience Store, to be constructed in Wetlands Territory.  The Official Master Plan has no commercial property on Deal Road & 13 Acres only on Rt. 35N, more in scale with a professional building/ Doctor's office. 



CHECK OUT THE TINY SLICE OF GREEN IN OCEAN TOWNSHIP NJ

B R E A K I N G N E W S

NOTE IMPORTANT PIE CHART FROM RUTGERS UNIVERSITY'S ENVIRONMENTAL STUDY,     ON OCEAN TOWNSHIP, FROM OCTOBER 2017  

This study was done before the clear cutting on West Park and Hope Road


  • RED  75%   URBAN
  • GREEN 7.9%  FOREST
  • BLUE 15% Wetlands

In November 2017, Ocean Township residents agreed and voted two to one  to an additional tax to protect   open space.  


The wetlands & mature tree canopy, protect our neighborhoods from flooding.  


The WETLANDS, are an intricate part of Ocean Township's natural watershed system. Rainstorms WILL spill TOXIC CHEMICAL WASTE, from the proposed GAS STATION'S impervious ground cover, aka blacktop parking lot, into the surrounding soil, in this case surrounding wetlands, which drain into Poplar Brook, which runs through our recreational parks and neighborhood yards, into the Atlantic Ocean, 2 miles from the toxic source. 


RESIDENTS MUST COME TOGETHER TO RAISE AWARENESS ON THE IMPORTANCE OF RESPONSIBLE DEVELOPMENT, 


IT IS VERY IMPORTANT THAT ALL WHO OPPOSE THE SLAUGHTER OF WHAT LIMITED OPEN SPACE IS LEFT IN OCEAN TOWNSHIP, SHOW A UNITED  FRONT AT THE UPCOMING PLANNING BOARD MEETING.               


We need clean Oceans where our children swim, and  non toxic water streams running through the parks, where our children play.                       


image21

How did we get here?

A PIECE OF OUR TOWNSHIPS "QUESTIONABLE" HISTORY HAS ALLOWED FOR THIS VALUABLE , YET FRAGILE, HISTORIC WETLAND FOREST,  TO RECEIVE A COMMERCIAL OVERLAY ZONE, WHICH IS DRAMATICALLY DIFFERENT FROM OCEAN TOWNSHIPS OFFICIAL MASTER PLAN, 


AFTER THIS ZONING CHANGE AND OTHERS, THE TOWNSHIP'S MAYOR, WAS FOUND GUILTY AND INCARCERATED FOR REZONING TOWNSHIP PROPERTIES, SPECIFIC TO MEET DEVELOPERS NEEDS. 


THIS PARTICULAR COMMERCIAL OVERLAY ZONE, THAT THE MAYOR APPROVED, PERMITS THIS LAND TO BE DEVELOPED WAY BEYOND WHAT IS RECOMMENDED IN THE TOWNSHIPS MASTER PLAN.                                                                


TODAY, WE THE PEOPLE NEED TO RAISE A SIGNIFICANT AMOUNT OF MONEY,  TO HIRE A LAND USE  ATTORNEY OF OUR OWN, WHO WILL REPRESENT OCEAN TOWNSHIPS TAX PAYING RESIDENTS, WHO VALUE OPEN SPACE & WOULD LIKE TO STOP THIS HIGHLY COMMERCIAL PROJECT, WITH EXTENSIVE IMPERVIOUS GROUND COVER,  FROM MOVING FORWARD. 




 

LETTER TO THE PROPOSED DEVELOPER

NJPEP-32 acres Flood Hazard Permit %284%29 (3) (1) (pdf)

Download

YOU DON'T KNOW WHAT YOU GOT TILL ITS GONE

JOIN US 9/23 @7:00PM, OCEAN TOWNSHIP MUNICIPLE BUILDING 

This is the time for public comment, so I am sharing mine.  CLIMATE CHANGE IS REAL!  LETS DO OUR PART TO RELIEVE GLOBAL WARMING. LET'S OFFER SOME INCENTIVE TO REDEVELOP GRUMBLING STRIP MALLS UP & DOWN RT. 35., WITH WEEDS GROWING THROUGH THE BLACK TOP PARKING LOTS, BEFORE WE CUT DOWN ANOTHER TREE...PLEASE, WE ASK THIS FOR OUR CHILDREN WHO WILL INHERT THIS LAND.

IT'S NOT TOO LATE TO SAVE IT ALL....

This drone video was not permitted to be shown during the public comment portion of the planning board meetings in OT. We the people remain steadfast in our determination to protect this historic 32 acre Native American Woodland, The applicant's tree expert stated, under oath, that  approximately 30 or so trees are worth saving, which suggested 3,000  are dead, dying or diseased. Perhaps this is why applicant's attorney objected to WE THE PEOPLE sharing this video with the planning board.