How Can You Legally Break the Law?

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Do towns sometimes go too far in making it easy for people to break the law?

That’s one of the things I was thinking at the Atlantic Highlands Planning Board meeting this week.

It was a busy night. The board gave final approval for a variance they had studied and approved last month on First Avenue, they officially hired Renee Frotton as its secretary, a lady who has long proven her worth as a professional, hard worker, and dedicated public official.

They listened long, hard and attentively, asked questions, and made things easier for a resident to understand. They did all this, then voted and granted a variance for the fence she requested that is two foot higher than the law allows.

They listened to neighbors and the applicant before approving their variance that impacts not one but two separate districts but did not bring out any strong opposition from neighbors, some of whom even said how wonderful the property looks.

They listened to a couple that wants to move their driveway so they didn’t have to continue to share a driveway with a neighbor and even listened to the neighbor who just wanted to clarify something and they approved it after settling the issue of what is impervious and what is not.

They heard another case with another great attorney and even suggested he chat with his client to make a few changes in his application for a variance and come back another night with some new ideas.

He thanked them and will be back with changes made because of their suggestions. But first they listened to all the testimony and asked all their questions why the applicant should be allowed to legally break the law to put in still more apartments, more cars, and garages.

All of that took three hours and the planners, led by a common sense chairman who doesn’t ever seem to lose his cool, certainly knew what they were talking about before making any decisions.

It was 10 p.m. on a weeknight and most of these folks have day jobs.

But still, they took another half hour to listen to two more hard working, and most likely well paid professionals give them some info on how to switch an ugly brewery building into a magnificent and beautiful addition to the main street of what used to be a snug little community where everyone knew everyone and where grandkids still lived close enough for little ones to bike over for a visit and a hug.

But the public present at this week’s meeting, and there were quite a few, considering the late hour and all, were not given the same privilege. They could listen to this informal idea for squishing a brewery that until now has taken up all of the 38 foot high building,into 2000 square foot of space on the first floor making room for lots of other things in the same building.

They could hear all about balconies sticking out over First avenue from some of the ten new apartments tentatively planned for two floors of the building, and they could listen to all the questions about the impact all those new folks would have on schools, sewers, water, and other amenities. But they couldn’t ask question number one or give a single suggestion.

So how does a developer, lawyer, builder, architect or other professional get to take up a half hour of time in an official meeting without anything more than sending out some ideas and getting on the agenda?

No applications necessary, no fees, no letting the public have input, just a nice, cozy conversation to help change a building just about everyone has called ugly since it was first approved…yep, with lots of planning board approval.

One board member even said it gives the owner a “second chance” to make a beautiful building.

Really?

Why should he have a second chance?

Because the planning board goofed in the first place in allowing what is there?

Or because he did not follow what the plans approved at that hearing years ago?

Because it was ugly a first time, he should be allowed years later, to have a “second chance” on making it right?

Boroughs need planning boards and variances, which are really nothing more than official authority to break the law,.

Sometimes it is necessary to help the home owner who has owned property for a long time, laws have changed, and now changes he wants to make don’t fit in with the new law.

And Planning Board members should be complimented for all the good work they do, trying to make it easy for those who make these requests on their own, filling out all the applications and paying all the fees, but without an attorney to guide them.

This board seems to do all that well. They offer suggestions, they ask questions that show they have studied the situation and know what they’re talking about and they help to make things right in a polite, courteous, and friendly manner.

But when a company that was granted approval to put up an ugly building years ago and now wants to make even more money, bring in more people, change yet again the face of what used to be a small homespun community and add to what cities like Hoboken and Jersey City have become, why are these same hard working planners going above and beyond?

If they’re going to let the guy with money and ideas come in with experts to help him make up his mind before he spends a dime on the borough, at least let the folks who stay late for that portion of the meeting have a little bit of input.

You know they will when it comes to official applications and official public hearings.

Break the Law Break the Law Break the Law Break the Law

Break the Law Break the Law Break the Law Break the Law