--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
 
> Tom, I  am surprised at you. The June plan is the plan. Don't 
>listen 
> to the man behind the curtain. Aaron is hanging his hat on a 
> technicality. On June 5, 2002, the only plan that could be adopted 
> was the March draft with the amendments (planning board 
> recommendations) 


True. Those were the only aboptable matters as they were the only 
matters reviewed by the Planning Board.  The June draft wasn't.


>however, the draft was redone and the changes 
> became the June 5, 2002 plan. 


Perhaps the recordings of the meetings will tell if you are right or 
wrong about that.  Anyone can make an OPRA request and see what they 
say.  Until proven otherwise, I don't have a reason to doubt what 
Mr. Aaron said. In my opinion the latest amendment to the plan is 
the March draft with the changes as outlined in the ordinance on 
June 5.


>There is another updated copy of the 
> plan. Is that not the plan? Furthermore, the plan as written(March 
> Draft) acknowldged that there would be further clarifications and 
> was not an absolute document. The added C-8 language is just that, 
> and does not require further review. 


Why do you exclude that the planning board changes, some of which 
were abopted in the ordinance, are the clarifications you speak of?


>And even if it is the March 
> DRAFT (how can a draft be an adopted plan?), 


None of it is the "plan."  Respectfully you are mixing up important 
words and that makes it confusing to talk about.  There is only 
one "plan" and that is the 1984 plan.  We are still using it.  It 
was amended in 1989 and again in 1991.  The latest amendment 
consists of the March draft and the June 5 ordinance, both of which 
now are properly referred to as the June 5 2005 amendment. For 
clarity we should call that other, unadopted document the June 5 
draft.



>that version in no way 
> considers demolition and rebuilding to 10 and 16 stories. That is 
> only permitted if the developer can FINISH the project.


Yours is one interpretation. Another is that if the origninal plan 
says 10 and 16 stories and I later build 10 and 16 stories, I've 
finished it no matter if I had to take a step back first or not. 
 


> And do we believe the story of how the C-8 language was added by 
>the 
> Developer no less? As I said, tantamount to "the dog ate my 
> homework." 

Without further explanation by Asbury Partners, yes I concede this 
part is hard to fathom.



>If Aaron is right, then submitting the June plan to NJDEP 
> and Smart Growth (and who knows where else) is either 1) 
>deliberate 
> and fraud, or 2) unintentional and shows incompetence. If it is 
> clerical error, then I definitely want them out. I guess I will 
>have 
> to choose over smart crooks or honest idiots. Aaron is our 
> redevelopment lawyer. He should have been dotting all i's and 
> crossing all t's. Sorry, don't want to hear about perhaps it was 
>the 
> planner's office. 


It certainly could be your third yet unenumerated choice of a 
clerical error.  The sanction you suggest may be excessive 
considering there seems to be no harm done as far as I can tell. 
Crooks? Idiots? I say they are neither.  I hope you never prove me 
wrong.



>How come the plan was shopped all over the US >for 
> 3 years 


It was????  I'm not saying that you are wrong, I just didn't know 
that was the case.  Seems odd that we only have NJ subdevelopers if 
it was truly shopped across the fruited plain.  You may 
inadvertantly be giving credit to them that may not be due.


>but it took me to bring it to light. Give me a break. >Crooks 
> or fools. Take your choice.


I object to the limiting choices in the question, Your Honor! ;-)






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