Laptop Battery A decade ago, a developer paid less than $1,000 for a narrow piece of land squashed between two Waldwick homes. Twice he applied to build a home on the skinny stretch, and twice he was rebuffed by the town, which told him in so many words, "you're crazy." Now, after suing the borough, the developer is poised to sell the land for perhaps more than $50,000 to an unwilling buyer: borough taxpayers.
Good plots of land sell quickly as builders and developers are always on the lookout for prime sites. Searching the planning records of District Councils is another way to find your plot. Now you have found a plot of land does it have planning permission and what do the different types of permission mean Outline Planning Permission (OPP) means agreement in principle from the local planning department that you can renovate or convert an existing building or construct a new house. Detailed Planning Permission (DPP) means that a house can be built in terms of plans that have already been submitted and agreed by the local planning department.
Thinkpad Under an obscure statute, the borough may have no choice but to buy the land if it won't allow Paramus-based Municipal Securities to build on the plot, which is one-third the size required to build homes in the area. Known as the law of inverse condemnation, the statute provides that certain property owners can't be denied use of their land by a governing body without compensation.
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Microsoft George Martin, principal of Municipal Securities, has applied to build a dwelling less than 19 feet wide on the 25-by-100-foot lot. The residence would rise between the wood frame of a home under construction at 123 Lincoln Ave., where another house once stood, and a lime green two-story house at 127 Lincoln Ave.
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Laptop Computers The case has angered borough officials and Lincoln Avenue residents who say Martin is taking advantage of the law to avoid responsibility for a risky investment in the lot.
Critics said the new rules favor towns so much that fewer units will be built. "COAH has clearly abdicated its responsibility to produce affordable housing, protect the environment and promote sound planning, " said Paul Chrystie, executive director of the Coalition for Affordable Housing and the Environment. "Municipalities will be planning not on the basis of what is right for the town, but for how they can get the lowest affordable housing numbers possible."
Laptop Computer "He's not an innocent," Ted Lurie said of Martin. Lurie has lived at 127 Lincoln Ave. for 52 years. "He knew darn well when he bought the property that it was undevelopable."
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Desktop Computer Lurie points to borough zoning ordinances that govern construction on his tree-lined street of modest one- and two-story homes. Lots must be at least 75 by 100 feet and side yard setbacks at least a combined 25 feet. Martin's proposed home would have a combined total of 6 feet in side yard setbacks.
Notebooks "The house would make a laughingstock of Waldwick's regulations," Lurie said. "It would reduce my quality of life and the value of my property." The house would be about 3 feet from Lurie's property line and 13 feet from his home.
Lenovo Martin has said that the town-house-like dwelling wouldn't have an adverse affect on property owners. The lawyer for Municipal Securities said there's no way that Martin could have known beforehand that the zoning board wouldn't allow him to develop the land.
Hard Drive "I'm sure he knew that the lot didn't conform to the zoning ordinance," said lawyer Ray Jacobs. "But there's no way you would know [whether the board would grant permission to build] until you made an application."
Travelstar According to plans on file at Borough Hall, the first floor would include a garage, laundry room, boiler room, bathroom, and recreation room. Two bedrooms, a bathroom, kitchen, dinette, and living room would make up the second floor.
Gateway The zoning board cited aesthetic and safety reasons when it voted the application down in July. The board feared that emergency workers wouldn't be able to reach parts of the home and agreed with residents who testified that the house would be out of character with the rest of the neighborhood.
Laptop Parts The variances could not be granted without "substantial detriment to the public good," the board said.
Software "It's somewhat ludicrous when you think about what [Martin] wants to do," Mike Schiefer said recently. Schiefer lives across the street from the lot. "Having a little house stuck in the middle of bigger houses is kind of silly."
Hard Drives Mayor James Toolen agreed.
Electronics "Any reasonable person would see the land is not fit to build on," Toolen said. "It's disturbing to think how people can take advantage of the system. [Inverse condemnation] is a loophole in our system that's got to be corrected."
Canon In its defense, Municipal Securities said there are 21 houses within 200 feet of the lot that are built on substandard 50-by-100-foot lots. There are also 11 homes within 200 feet of the parcel on 75-by-100 or 100-by-100-foot lots.
Desktop Pc The borough is using the buyer-beware argument in defending against the suit.
Desktop Computers "They didn't buy it with a reasonable investment expectation," said Borough Attorney Menelaos Toskos. "Look at what they paid for it."
Think Pad But Toskos admits he's fighting a battle much tougher than in 1999, when Municipal Securities' appeal of the initial zoning board rejection was thrown out on a technicality. The plan rejected this year had slight alterations from the original design.
Repair Because the lot was created as the result of subdivision decades before current zoning laws were passed, the company's claim meets the standard of inverse condemnation, Jacobs said.
Data Recovery "As long as someone owned this property when it was a buildable lot, [its status now] doesn't matter," he said. "I don't think the town wanted to recognize that they were going to have to either grant the variance or buy the lot."
Cisco Jacobs said he tried unsuccessfully to sell the lot to Lurie and his neighbor. Lurie said he couldn't afford the $30,000 asking price. Jacobs also tried to negotiate a deal with the town, but officials balked at the $50,000 that Martin wanted as fair market value. Jacobs said a house built on the property would probably sell for between $150,000 and $200,000.
Keyboard Martin is also seeking the costs of the zoning board application, which includes engineering, architectural, and expert witness fees. Jacobs couldn't give an exact amount but said that the overall figure sought is "substantially more than $50,000."
Monitor Lurie now wishes he had bought the property years ago, when he was under the incorrect assumption that a neighbor owned it. Meanwhile, some borough officials are cursing inverse condemnation, which, constitutional law or not, has put the town in an apparent no-win situation.
Desktop By Brian Aberback - 11/21/2003
Topic: Sprawl
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